By George Avalos and Josh Richman
Staff writers
What's
being described as the "pervasive" influence of PG&E with the state
Public Utilities Commission extended well beyond disgraced former PUC
President Michael Peevey and included other commissioners and top PUC
staffers.
That's the conclusion of Bay Area political leaders,
state legislators and a former PUC official who have reviewed a sampling
of the 65,000 emails released by PG&E late Friday.
The tone
of the emails stunned even longtime critics, who were mortified to see
that PUC and PG&E officials were joking about gas pipeline safety
just weeks after a natural gas blast in September 2010 killed eight
people and destroyed a San Bruno neighborhood. Investigators concluded
that PG&E's shoddy maintenance and flawed record-keeping, along with
lax oversight by the PUC, were the key factors behind the explosion.
Michael Peevey, president of the California Public Utilities Commission.
"The PUC is now a rogue agency," Loretta Lynch, a
former PUC commission president, said Saturday. "All the checks and
balances that existed at the PUC have been corrupted. Peevey led that
corruption."
An October 2010 email showed that less than a month
after the San Bruno explosion, Brian Cherry, then PG&E's vice
president, and Paul Clanon, then executive director of the PUC, joked
about gas pipeline safety in a reference to a pipeline in Peevey's
neighborhood in the Los Angeles County community of La Cañada
Flintridge.
"There's a big line right under Mike's street. He says no more dog-walking," Clanon quipped.
In a jovial email, Cherry shot back: "Tell Mike he should be walking towards Descanso Gardens anyway."
Descanso Gardens is a 150-acre botanical preserve in La Cañada Flintridge.
"It was shocking to read this email," San Bruno City Manager Connie Jackson said Saturday.
The
trove of emails released by PG&E under pressure from San Bruno date
back to early 2010, several months before the explosion.
"It is
stunning to see the pervasive influence that PG&E had with the PUC
going back that far," she said. "These are pervasive problems that have
been going on for a long time."
On at least one occasion, the
emails show, PG&E executives tipped off PUC officials about an
important regulatory filing that the public company was planning to make
with the Securities and Exchange Commission. The filing was about the
company's general rate case proposal for raising monthly gas and
electric bills for residential and business customers.
"Timothy --
FYI. I will be sending you our (SEC filing) in advance of our formal
filing," Cherry said in a November 2012 email to Timothy Simon, a PUC
commissioner at that time.
"It's almost as if PG&E was a
Rasputin, or a Svengali, with the magic power to get the PUC to do what
PG&E wanted," said state Sen. Jerry Hill, whose San Mateo County
district includes San Bruno. "You have to wonder what other utilities
had the same influence, had the same relationships with the PUC."
In
another email the same month in regard to the same rate case, PUC
Commissioner Michael Florio told Cherry that he had been assigned to
supervise the proceeding.
"I did NOT ask for this!! Fortunately
for all concerned, we have a good experienced administrative law judge
in Tom Pulsifer," Florio wrote. "Can't you protest or something???"
In
a statement sent to this newspaper Saturday, Florio acknowledged that
he had acted improperly in his dealings with Cherry, whose duties also
included lobbying.
"The emails released by PG&E include some
messages of mine that confirm what I have already acknowledged -- that
in the past I allowed a former PG&E lobbyist to become much too
familiar in his interactions with me," Florio said. "For this I have
already apologized. Any objective review of my voting record at this
commission will demonstrate that I have shown no partiality to PG&E
or any other regulated utility."
The PUC remains under intense
scrutiny because skeptics believe Peevey created and then nurtured a
culture of cozy relations with San Francisco-based PG&E and other
utility giants in California. Peevey was appointed PUC commissioner and
president in 2002 by Gov. Gray Davis and then reappointed in 2008 by
Gov. Arnold Schwarzenegger. Under intense fire by his critics, Peevey
stepped down in December; his 12 years in the top spot at the PUC marked
the longest tenure for a PUC president.
In a May 2012 email
exchange, Peevey wrote to Cherry to complain of a decision in which
Peevey was on the losing side, taking the occasion to chide PG&E for
not properly laying the groundwork for the vote by the five-member PUC.
The commission rejected a PG&E request to bill its customers for a
$9.9 million investment in San Jose-based SVTC Technologies, a solar
equipment maker that went out of business in late 2012.
"Got my
butt kicked today," Peevey wrote about the 3-2 vote. "Could have used
some help. You need to do a better job going forward. You should have
let me know if you felt it was in trouble and I could have tried a
couple of things to get a third vote."
In the same email exchange,
Peevey also warned Cherry, an Orinda resident, that a pet project of
Peevey and PG&E involving the Lawrence Livermore National Laboratory
was in trouble at the PUC.
In an email written in September 2011,
Julie Fitch, formerly a top aide to Peevey, and now a top aide to PUC
Commissioner Carla Peterman, wrote in an apologetic tone to Cherry about
the Carrizo Energy Solar Farm in San Luis Obispo County.
Fitch
said a blunder related to a troubled effort to secure approval for the
PG&E-backed solar project should be blamed on the commission, so she
was scrambling to remedy the problem.
"This is totally our fault
and bungling somewhere in the chain," Fitch wrote to Cherry. "Obviously,
I'd prefer that this email doesn't circulate far and wide. Thanks!"
At some point, though, it appears that all the lobbying by PG&E infuriated at least one top official at the PUC.
In
an October 2013 email, Sepideh Khosrowjah, chief of staff for
Commissioner Florio, blasted PG&E's Cherry for what she saw as an
end run around her position in Florio's office on a rate case for
natural gas transmission that is still pending before the PUC.
"This
is unacceptable, disrespectful, and unprofessional," Khosrowjah wrote
to Cherry and Cherry's boss, Tom Bottorff, a PG&E senior vice
president. "You have been playing this game with me for too many years."