PORTLAND, Ore. — Western states must deal with the high risk wildfires pose to the financial health of the region’s utility sector, investment analysts told regulators at the annual meeting of the Western Conference of Public Service Commissioners.
“That is the inextricable conversation du jour in the West — period. There is no bigger conversation we’re going to have,” Julien Dumoulin-Smith, managing director at investment banking company Jeffries, said during a June 2 panel to discuss electricity affordability issues.
For Dumoulin-Smith, the issue comes down to one key topic: “We have to talk about wildfire tort reform.”
Dumoulin-Smith, an equity analyst who covers the energy sector, focused on how wildfire risk could hamper Western utilities from raising capital to fund infrastructure projects. He said the West is “a fire or two away” from having a “truly unfinanceable outcome” for investing in the grid.
“The impact is actively being felt when you look at the cost of capital across the West,” he said. “It’s not in the ether; it’s actually dollars and cents to utility ratepayers today.”
Dumoulin-Smith finds it “striking” that the industry stakeholders seem to think there’s an “inevitable amount of money that we have to spend towards wildfires,” which is increasing the portion of ratepayer bills dedicated to mitigating wildfire risk.
And despite the thinking of some in the industry, he contended, California’s Assembly Bill 1054 — passed in 2019 to establish a fund for utilities to tap to cover wildfire damages claims — has not resolved the risk exposure issue for the state’s utilities. (See California Wildfire Fund Could be Model for US, Panelists Say.)
Dumoulin-Smith pointed to the Los Angeles fires in January as an example of California’s continued vulnerability to catastrophic fires, despite having the most advanced wildfire planning in the West.
“When you look at what happened in L.A., it’s not about who was at fault or what have you. It’s looking at wildfire mitigation plans in California [and] recognizing the clear ongoing deficits that exist in wildfire mitigation, period. It’s about recognizing that, ‘Wait, our state doesn’t even engage in wildfire mitigation that is as deep and as intense as in California, and that happened despite all the planning they did,’” he said.
Dumoulin-Smith told the regulators in the audience that if they’re not taking the risk issue seriously, it will work against their plans for investing in the grid.
“Because it is devastating to the ability to invest and the cost of capital. It’s extremely expensive to invest in a wildfire regime that is inhospitable,” he said.
He said different states “have vastly different” policies related to wildfire liability, and while seemingly “trivial,” they “are actually quite expensive differences.”
“So, I think start with that. I mean, who’s at the table, and how do we introduce a problem statement in general?” Dumoulin-Smith said.
‘All Perspectives’
During a separate panel discussion, Edna Mariñelarena, an assistant vice president at Moody’s Ratings, said investors want to understand the level of risk and return on their investments, and wildfire is “one of those high-risk questions” investors are asking on top of others related to utility infrastructure needs. They want to know what Western states are doing to mitigate those risks, she said.
“So ‘coordination’ is a word that we all say, but it’s one of those things that really needs to be taken very heavily, because it’s not just a utility problem, it’s an economic problem,” Mariñelarena said. “If you don’t have a healthy utility, you don’t have economic development that’s going to continue to feed the economy and jobs and regular people, right?”
Speaking on the panel with Dumoulin-Smith, former Idaho utility commissioner Paul Kjellander, now a senior adviser with Public Utilities Fortnightly, posed the question of how a utility can address any kind of investment “when the cost of capital is ridiculous,” or if it must adjust capital expenses “to recover from the liability associated with a wildfire.”
That diversion of funds prevents investments in new transmission and distribution, system hardening and resilience.
“Avoiding some of the catastrophic events — and reducing the financial impact of that — now has to go to something completely and totally different, and I’m not putting a single new kilowatt-hour into the system,” Kjellander said. “Somehow, we have to change that dynamic, and we need to do it with an idea of affordability at front and center.”
Nina Suetake, deputy director of policy at the National Association of State Utility Consumer Advocates, said that while tort reform might address one aspect of the wildfire issue, it could provoke another — namely, hindering the ability of people in wildfire-prone areas to obtain insurance against fires.
“While I understand from a financial perspective you can’t continually bankrupt a utility, the second you put liability caps on, you’re also going to impact the trust gap, and it’s going to widen even further,” she said.
Suetake advocated for a “holistic” approach to dealing with wildfire risk, examining it from “all perspectives.”
“You sort of have to bring all of those voices to the table and understand all the impacts if you don’t want to just exacerbate one of the problems,” she said. “In the end, the ratepayers are citizens of your state, so it’s all going to affect the same people; either it’s coming from tort liability or increased taxes or increased rates.”
