violations of § 451 by interrupting service to a customer because PG&E failed to have its system operating in conformance with its plat map and failed to monitor pressure gauges for anomalous readings during the work. The fines to be imposed for the 12 similar incidents should be consistent and graduated based on relative harm imposed and the sophistication of the excavator. PG&E’s crews should be held to a higher standard because they are experts in natural gas systems. Inconvenience and service interruption to customers reflects a greater harm than just release of gas to the atmosphere. The following principles should be applied to determining the fine for each of the 12 similar incidents: (1) if only gas release and PG&E not the excavator, one maximum applicable fine, (2) if only gas release and PG&E the excavator, one additional one maximum applicable fine, (3) if customer evacuations, another one maximum applicable fine. The Commission imposed substantial remedies on PG&E designed to improve its record-keeping as a result of I.11-02-016. Conclusions of Law PG&E has the duty to furnish and maintain safe equipment and facilities to its natural gas customers and the public. SED bears the burden of proof in this investigatory proceeding. The standard of proof is a preponderance of the evidence. There are no disputed issues of material fact. The Commission has adopted standards for imposing fines for violations of law or regulations.
violations of § 451 by interrupting service to a customer because PG&E failed to have its system operating in conformance with its plat map and failed to monitor pressure gauges for anomalous readings during the work. The fines to be imposed for the 12 similar incidents should be consistent and graduated based on relative harm imposed and the sophistication of the excavator. PG&E’s crews should be held to a higher standard because they are experts in natural gas systems. Inconvenience and service interruption to customers reflects a greater harm than just release of gas to the atmosphere. The following principles should be applied to determining the fine for each of the 12 similar incidents: (1) if only gas release and PG&E not the excavator, one maximum applicable fine, (2) if only gas release and PG&E the excavator, one additional one maximum applicable fine, (3) if customer evacuations, another one maximum applicable fine. The Commission imposed substantial remedies on PG&E designed to improve its record-keeping as a result of I.11-02-016. Conclusions of Law PG&E has the duty to furnish and maintain safe equipment and facilities to its natural gas customers and the public. SED bears the burden of proof in this investigatory proceeding. The standard of proof is a preponderance of the evidence. There are no disputed issues of material fact. The Commission has adopted standards for imposing fines for violations of law or regulations.
166208431.docx