PacifiCorp now wants protection from fire victims

Oregon’s second-largest electricity provider wants state regulators to protect it from the costs of future lawsuits seeking reimbursement from destructive wildfires.

The Oregonian reported that PacifiCorp’s request to the Public Utility Commission (PUC) was made just months after the utility lost a massive lawsuit in Multnomah County over its negligence in Oregon’s catastrophic Labor Day fires of 2020. More lawsuits are still pending with plaintiffs seeking billions of dollars in damages. In June after the trial, the company wanted ratepayers to pay for $90 million a jury found PacifiCorp liable for, after it had started numerous fires and burned miles of forest and thousands of homes in the 2020 fires. (The final verdict [PDF] in the PacifiCorp trial is posted on our DOCUMENTS page.) The jury in Multnomah County Circuit Court in Portland found PacifiCorp  — which owns Pacific Power — liable for four of the devastating Labor Day 2020 fires that burned about 2,500 properties in western Oregon.

One of the 2020 fires overran the ICP.

PacifiCorp’s new request drew harsh criticism from wildfire victims, lawyers, and ratepayer advocates, who questioned the company’s motives and the proposal’s legality. The financial protections PacifiCorp is seeking, in addition to assuming that future fires will be started by the utility company, would “only apply prospectively,” the company told state regulators. Simon Gutierrez with PacifiCorp said the request would have no impact on ongoing litigation.

PacifiCorp has already asked state regulators to let it pass the cost of damages it owes for wildfires in 2020 on to its customers.

2020 Labor Day fires in western Oregon
09/13/2020 — the Labor Day fires were among the worst natural disasters in Oregon’s history. They killed nine people, burned more than 1,875 square miles (4,856 square kilometers) and destroyed upwards of 5,000 homes and other structures.

A report by OPB back in June said that PacifiCorp had asked the PUC to allow the utility to defer the wildfire liability costs  through June 2024, which would give the company the option to add those costs to customers’ rates in the future.

“The deferred accounting application enables Pacific Power to preserve its ability to seek recovery in the future in the event the outcome could impact the financial stability of the company, which would result in higher costs to customers,” said the PacifiCorp attorneys.

A class action lawsuit is still ongoing; jurors found that PacifiCorp could be liable for punitive damages to thousands of Oregonians who lost property in the Echo Mountain Complex and the Santiam Canyon, South Obenchain, and 242 fires. The company estimates those costs could total billions of dollars.

PacifiCorp has now asked the Oregon PUC to limit future lawsuit awards  to “actual” damages for property and loss of life. As a condition of receiving electric service, customers would have to waive their right to other damages (such as non-economic and punitive awards by juries), like the awards that the county jury stung the utility with in June after it found Pacific Power’s  conduct was grossly negligent, reckless, and willful.

courtroom exhibit in the PacifiCorp trial

The utility filed the same request in Washington, California, Idaho, and Wyoming — where it also provides power. PacifiCorp says limiting damages from wildfire lawsuits would protect customers from higher costs.

Meanwhile, PacifiCorp is one of three energy suppliers receiving $450 million in funds from the federal government. OPB reported that two Oregon utilities and the Confederated Tribes of the Warm Springs together will receive nearly $450 million from the federal government to modernize the region’s power grid and incorporate more renewable energy. The investment will allow PacifiCorp, Portland General Electric, and the tribe to boost transmission capacity and job training and fortify the electric grid from the dangers of wildfires.

2020 Beachie Creek Fire

PacifiCorp will match the federal funds allocated for its projects, according to Rohit Nair, the company’s director of engineering standards and grid modernization.

“This is a once-in-a-generation opportunity to secure significant federal funding for programs that support our customers,” he said, “especially those in historically underrepresented and marginalized communities.” The funding is part of a total $3.5 billion the Biden administration announced in mid-October for states to upgrade their electric grids to make them more resilient to climate disasters and to support clean energy development.

2020 Beachie Creek Fire

But while PacifiCorp moves forward with upgrading its infrastructure, it’s also asking the PUC to protect it from future lawsuits after utility-caused wildfires.

“This proposal is grossly beyond the pale,” said Sam Drevo, one of 17 named plaintiffs who were collectively awarded $90 million in economic, non-economic, and punitive damages in back in June. “As a wildfire victim who lost everything in fires that were caused by PacifiCorp’s equipment, non-economic and punitive damages are the only punishment available in the legal system to stop negligent behavior from happening again,” he said. “I am shocked by this disgusting proposal and hope it falls flat with the PUC.”

Lee Beyer, a longtime Oregon legislator and former PUC chair, said PacifiCorp’s assertion that the request would benefit ratepayers is questionable. He believes it’s unlikely the commission would allow PacifiCorp to pass the legal costs on to customers.

“Any costs coming out of a court case are generally the responsibility of the utility and its shareholders,” Beyer said.

Bob Jenks, executive director of the ratepayer advocacy group Oregon Citizens’ Utility Board, questioned whether the PUC even has the legal authority to grant PacifiCorp’s request. Asking ratepayers to waive their legal remedies as a condition of accepting service from a local monopoly is pretty extreme, he said. “It’s incredibly broad and raises a number of fundamental legal questions.”

Officials declare emergency in North Carolina, big fire in Virginia

Officials have declared a state of emergency in a western North Carolina community where a wildfire has burned hundreds of acres and is threatening dozens of homes. It was estimated at 5 percent containment this afternoon.

According to the North Carolina Forest Service there was  one home damaged and two homes destroyed, along with one outbuilding and one uninhabited cabin; wyff4.com reported that the cause of the Poplar Drive Fire is  under  investigation. There have been no reported injuries.

The 431-acre fire in Henderson County threatens at least 75 other threatened structures; North Carolina Forest Service is focusing on putting in firelines.

CBS-19 out of Charlottesville reported that crews are also  fighting several separate fires in forested areas of Virginia, Tennessee, and Kentucky as wide swaths of those states face moderate to severe drought conditions and warmer-than-normal temperatures.

Several counties in western North Carolina are currently in a severe drought, with wildfire activity increasing in the dry conditions. The North Carolina Forest Service issued a burn ban Sunday for 14 counties in the western part of the state because of hazardous conditions and said the ban  would stay in effect until further notice.

Q code: aim your camera here.Meanwhile, the Virginia Department of Forestry and the National Park Service are managing the 2800-acre Quaker Run Fire under unified command with Madison County Emergency Management. Their goals this afternoon included keeping the fire east of Rapidan Road and prepping both Rapidan Camp and Camp Hoover. Another priority is protecting power poles in the fire area.  Resources include Type 3 and Type 1 helicopters, and listed hazards included rolling rocks and continued falling snags.

Shenandoah National Park fire
Quaker Run Fire 11/06/2023 — NPS map by Justin Shedd

Park officials cautioned that visitors will encounter smoke in some areas; the fire is  burning on private, public, and park land on the eastern boundary near Whiteoak and Old Rag. The Quaker Run Fire includes about 670 acres within the Shenandoah National Park boundary. Updates on the air quality status is available online through the Wildland Fire Air Quality Response Program. Updates are published daily by 8:00 a.m.

The powerline that supplies the Big Meadows area has been de-energized for firefighter safety. Big Meadows Wayside, the visitor center, and the campground are open and using generators. Some visitor amenities may be limited, and Big Meadows Lodge is closed for the season.

Virginia fire
Helicopters offer a good vantage point for monitoring the fire’s progression, especially in steep, mountainous terrain.  Virginia DOF photo

Fire weather forecast: High pressure is overhead but should slide offshore late Monday. Gusty south winds should return as the warm front lifts into the region. Gusts of 20-30 mph are possible at the fire location, and winds will be even higher on the ridges through Tuesday evening. Minimum humidities will remain around 35-40 percent across the Shenandoah Valley, with a predicted 40-45 percent east of the Blue Ridge. By Tuesday, these values are expected to improve as moisture builds back into the region.

Smoke is heaviest in the communities of Syria and Madison, which are closest to the fire, and in the central portion of the Park near Big Meadows, Whiteoak, and Old Rag. Smoke typically settles into low-lying areas in the evening and overnight, remains heavy in those areas in the morning, then lifts out in early afternoon. Smoke at Big Meadows is usually most noticeable in early afternoon as it is lifting or in the evening when smoke begins to settle. Hikers are encouraged to avoid the central part of the park.

 ~ Thanks and a tip of the hardhat to Matt and Cary.

Long-term effects of Maui’s wildfires still unknown

The fires may have been controlled in Maui, but the fires that burned Lahaina will continue to affect the island in numerous ways.

Experts at the University of Hawaiʻi at Mānoa explained the multiple long-term health and environmental risks during a recent webinar sponsored by the Hawaiʻi Public Health Institute. The webinar was focused specifically on addressing community concerns over remaining toxic chemicals and how people can protect themselves from exposure. There is also little to no precedent for the wildfire seen in Lahaina.

“While there have been large urban fires in other locations, such as Paradise, California, few have been related to hurricanes,” said Catherine Pirkle, an associate professor and global health researcher trained in epidemiology and health services.

Maui, August 2023

Another unusual aspect of the Maui wildfires is their proximity to nearshore tropical reefs. Researchers know very little about the health effects of exposure to compex chemical mixtures from wildfires like those in Maui. The contaminants released by the fire may enter the marine environment and could pose risks for swimmers and people who eat contaminated fish.

While the specific consequences of contamination aren’t known, researchers said the most at-risk populations for developing long-term health issues related to the fire are pregnant women and children, older or low-income people, those with pre-existing health conditions, and people at risk of work-related exposure.

The Hawaiʻi Department of Health and the EPA have already determined that particulate matter from the wildfires caused only low levels of air pollution. Additionally, volatile organic compounds were detected in only a small number of drinking water samples. Researchers offered health guidance to anyone planning to re-enter burned areas, saying they should wear an N95 mask that fits well, along with long sleeves and pants, socks, shoes, and gloves.

“Minimize disturbing the ash that has settled on the ground so that it does not enter the air or nearby waters,” the researchers said. “To reduce the take-home pathway of exposure, people who enter the impacted area should change their clothing before returning to their family members who are advised against entering the impacted area.”

The guidance follows the announcement by Maui Mayor Richard Bissen that he would be reopening all of West Maui — except the burned-out sections of Lahaina — to tourism on November 1.

Watch the University of Hawaiʻi’s full webinar here:

SoCal fire evacuates thousands

A wildfire fueled by gusty Santa Ana winds raced across rural land southeast of Los Angeles and has forced 4,000 people from their homes. The Highland Fire started not long after noon Monday in dry brushy hills near the community of Aguanga in Riverside County, about 60 miles south of Palm Springs. The Associated Press reported today that the fire has grown to 3½ square miles, or 2200 acres with zero containment.

Cal Fire reported that resources included 5 airtankers and 5 helicopters, along with 52 engine companies and 6 ground crews.

NBC Los Angeles reported that evacuation orders are in effect for thousands after the fire doubled in size overnight.

The brush fire started Monday in the Aguanga area of Riverside County, about 60 miles southwest of Palm Springs.

Cal Fire PIO map:

Cal Fire evacuation maps, Highland Fire
Cal Fire evacuation maps, Highland Fire. The fire doubled in size to more than 2,200 acres by Tuesday morning. Thousands of people were under evacuation orders, which were updated early Tuesday.

KTLA5 has video from yesterday:

At least 1,300 homes and 4,000 residents were under evacuation orders, which were still in effect this morning. The fire burned across a sparsely populated area that includes horse ranches and a large mobile home site; Cal Fire said this morning that only 15 or so homes were threatened.

Southern California Edison was reportedly looking into cutting power to nearly 150,000 customers in six counties — to prevent new starts from downed trees or wind-damaged electrical equipment — but fewer than 300 customers thus far were affected by power shutoffs.

The NWS issued a wind advisory for the region through Tuesday night, predicting winds of 15 to 25 mph and gusts up to 50 mph, particularly in the foothills and adjacent valleys.

These are the first major Santa Anas of the season; the strong, hot, dry, dust-bearing winds typically blow down to the coastal areas from inland desert regions in the fall. Santa Ana winds have fueled some of the largest and most devastating wildfires in California history.

* EVACUATION UPDATE *
An updated evacuation map from Cal Fire is [HERE].

Colorado fire grows to over 300 acres

The Saint Charles Fire in Pueblo County was estimated at 266 acres Tuesday morning, October 24, and still at zero percent containment. The incident management team said warm temperatures and the lack of humidity recovery overnight had caused the fire to grow substantially, and the Pueblo Chieftain reported today that the fire is now over 300 acres.

Saint Charles Fire
Saint Charles Fire photo by Pueblo County Sheriff’s Office

The Saint Charles Fire started October 14. Additional resources have been ordered and are arriving daily.

Crews reported slightly increased humidity and cooler temperatures yesterday, but further warm and sunny conditions were forecast for Wednesday, with shifting light winds picking up in the afternoon. Stronger winds out of the west at 11-15 mph with gusts up to 20 mph were predicted for Wednesday by late evening, with increased winds and fire activity resulting in further smoky conditions.

About 170 firefighters are working on the fire.

St. Charles Fire
Sikorsky UH-60A helicopter at work on the Saint Charles Fire — from the incident facebook page.

Resources include three helicopters, two SEATs, and three large airtankers, along with an air attack aircraft.

Four nearby neighborhoods are on pre-evacuation notice, including Tara J, Simonson Meadows, Aspen Acres, and the entire San Isabel area; the Pueblo County Sheriff issued a burn ban for the county until the fire is contained.

According to the Custer County Sheriff’s Office, the fire is about a half mile from the Custer County line.

Climate change to lessen safe prescribed burn days, change wildland firefighter schedules

A recent study from UCLA found that a projected 2° Celsius increase in global temperatures by 2060 would reduce the number of days when a prescribed burn could be safely set by 17 percent. The Four Corners region could see as much as a 29 percent decrease in favorable days, while the Pacific Southwest could see a 24 percent decrease.

The main driver behind the decrease in safe prescribed fire days is a combination of a decrease in large-diameter fuel moisture across seasons, an increase in vegetation aridity, and an increase in smoke-trapping low-level stagnation events.

“The narrowing of prescribed fire windows, as well as increases in extreme wildfire burning conditions at other times, will further challenge fire and land management agencies and entities already constrained by limited budgets and growing administrative burdens,” the study said.

However, the study also found that winter may increasingly become a viable season for prescribed fires with researchers predicting a four percent rise in favorable days, especially for northern states. Regions that have historically been too moist or too cool to support prescribed fire may see a boost in safe burn days, assisted by vegetation aridification. Additionally, decreases in safe prescribed burn days mainly affect forested locations, while non-forested areas would see substantial safe burn days.

The study ended by recommending a huge shift in USFS agency fire crew staffing. Seasonal wildland fire workers, who are usually laid off over the winter based on historical burn patterns, may need to capitalize on burn days during winter if safe burn days drastically decrease over the summer. The study also pointed to other research that found winter and spring to be underutilized seasons for prescribed fire in California.

“Our findings provide direct evidence supporting recent calls for an expanded year-round fire management workforce whose responsibilities extend beyond fighting wildfires to also encompass the management of prescribed fire,” the study said. “These findings also highlight the growing importance of tangible support—including increased funding and removal of existing regulatory barriers–for cultural burning practices by Indigenous fire practitioners, including via interagency partnerships.”