Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Utility Attorneys Avoiding Protections Under Sabotage Prevention Act

Avoidance Also Good For Utility Statutory Neglect?

A list, compiled by Sempra Utilities attorneys of state and federal laws designed to protect the public from harm by smart grid leaks of personal consumer information, seemed a little light when it was filed with California's Public Utilities Commission as part of a brief in the CPUC Rule-making R0812009 proceeding. The list was compiled with an emphasis on CPUC state and federal authorities over third-party disclosures, but nothing was included relative to any public utility responsibility for the systemic integrity of consumer transactions in a smart grid context.

The Sempra Utilities brief was submitted jointly by attorneys for San Diego Gas and Electric Company and Southern California Gas Company, with Allen K. Trial representing SDG&E and Steven D. Patrick representing SCG.

One state law that was absent from the utility attorneys' list was the Sabotage Prevention Act in the California Military and Veterans Code. The Sabotage Prevention Act specifically names public utility overhead lines and other power utility transmission and distribution grid components as defense preparedness activities that must be inspected and protected from damage and destruction. According to the Act, anyone noting on inspection any defects in any defense preparedness activity but failing to report deficiencies or otherwise safeguard the defense preparedness activity is subject to severe penalties if persons are harmed or killed as a result of statutory neglect as to the Act. As to “anyone”, there are no explicit exemptions in the Sabotage Prevention Act for public utilities that are aware of their own deficiencies for failure to make their own property safe according to the Act's mandated standards for defense preparedness activities.

Taken as a whole, the list submitted by utility attorneys stands as presumptive admissions of smart grid deficiencies in the context of defense preparedness activities under the Sabotage Prevention Act.

It would by a reasonable thing for CPUC to move on its own to require all public utilities to adhere to the Sabotage Prevention Act, where the statutory authority to do this is contained in the California Public Utilities Code as to utility obligations to obey all state laws in providing service to the public and where violations result in mandated legal action against the offending utility by the attorney for CPUC. This writer believes that the absence of CPUC requiring such compliance in the regulated power industry has been and will be a major contributing factor to the continuing threat of utility-caused and utility-fed wildfires. Damages from these same wildfires are being used in an historical context by investor owned utilities including SDG&E as justification for a number of rate hike proposals. One joint IOU proposal includes the authority to create Wildfire Expense Balancing Accounts (WEBA) for accumulating utility wildfire legal liabilities and then having power consumers paying off those WEBA liabilities without limit and without concern for any utility negligence or illegal acts as contributing factors.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Birding & Brews: Breakfast Edition, ZZ Ward, Doggie Street Festival & Pet Adopt-A-Thon

Events November 21-November 23, 2024

Avoidance Also Good For Utility Statutory Neglect?

A list, compiled by Sempra Utilities attorneys of state and federal laws designed to protect the public from harm by smart grid leaks of personal consumer information, seemed a little light when it was filed with California's Public Utilities Commission as part of a brief in the CPUC Rule-making R0812009 proceeding. The list was compiled with an emphasis on CPUC state and federal authorities over third-party disclosures, but nothing was included relative to any public utility responsibility for the systemic integrity of consumer transactions in a smart grid context.

The Sempra Utilities brief was submitted jointly by attorneys for San Diego Gas and Electric Company and Southern California Gas Company, with Allen K. Trial representing SDG&E and Steven D. Patrick representing SCG.

One state law that was absent from the utility attorneys' list was the Sabotage Prevention Act in the California Military and Veterans Code. The Sabotage Prevention Act specifically names public utility overhead lines and other power utility transmission and distribution grid components as defense preparedness activities that must be inspected and protected from damage and destruction. According to the Act, anyone noting on inspection any defects in any defense preparedness activity but failing to report deficiencies or otherwise safeguard the defense preparedness activity is subject to severe penalties if persons are harmed or killed as a result of statutory neglect as to the Act. As to “anyone”, there are no explicit exemptions in the Sabotage Prevention Act for public utilities that are aware of their own deficiencies for failure to make their own property safe according to the Act's mandated standards for defense preparedness activities.

Taken as a whole, the list submitted by utility attorneys stands as presumptive admissions of smart grid deficiencies in the context of defense preparedness activities under the Sabotage Prevention Act.

It would by a reasonable thing for CPUC to move on its own to require all public utilities to adhere to the Sabotage Prevention Act, where the statutory authority to do this is contained in the California Public Utilities Code as to utility obligations to obey all state laws in providing service to the public and where violations result in mandated legal action against the offending utility by the attorney for CPUC. This writer believes that the absence of CPUC requiring such compliance in the regulated power industry has been and will be a major contributing factor to the continuing threat of utility-caused and utility-fed wildfires. Damages from these same wildfires are being used in an historical context by investor owned utilities including SDG&E as justification for a number of rate hike proposals. One joint IOU proposal includes the authority to create Wildfire Expense Balancing Accounts (WEBA) for accumulating utility wildfire legal liabilities and then having power consumers paying off those WEBA liabilities without limit and without concern for any utility negligence or illegal acts as contributing factors.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

CPUC Grants San Diego City and County Party Status in SDG&E/IOU WEBA Proceeding

Next Article

SDG&E Executive Conflict of Interest Prompts Payment Return by Roberts Campaign

Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader