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Why California utilities spend so much on wildfire mitigation

Liability rules make utilities responsible for fires their equipment starts, regardless of negligence. That is the pressure behind every undergrounding programme.

Energy & Infrastructure Editor

· 1 min read

Wildfire in California.
Wildfire in California.TomSaint11 · CC BY 2.0 · via Wikimedia Commons

The reason California utilities behave differently from utilities elsewhere is a liability doctrine, not a difference in engineering.

Inverse condemnation

Where utility equipment causes a fire, the doctrine can make the utility liable for resulting property damage regardless of whether it acted reasonably. Following normal standards is not, by itself, a defence.

For a company with equipment across millions of acres of fire-prone terrain, that is an unbounded exposure — and it is what brought one utility into bankruptcy.

What follows from it

**Undergrounding.** Buried lines do not start fires. They cost far more per mile than overhead, and the programmes are measured in decades.

**Public safety power shutoffs.** De-energising lines during extreme fire weather. Effective at preventing ignition, and genuinely harmful to people who depend on power for medical equipment, which is why the criteria are contested.

**Vegetation management.** Continuous, expensive, and the most common source of enforcement findings.

Who pays

Mitigation spending is recovered through rates, subject to regulatory review of whether it was prudently incurred. A state wildfire fund exists to absorb catastrophic claims, funded by ratepayers and shareholders, conditioned on utilities meeting safety certification requirements.

“Every argument about California electricity rates is partly an argument about wildfire liability.”

Practical points

  • Read a utility's wildfire mitigation plan; it is public and specific.
  • Distinguish capital spending from operating spending when assessing rate impact.
  • For property owners in high-risk areas, shutoff exposure is a planning question, not a hypothetical.

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