SPECIAL CONDITIONS OF SUPERVISION
1. While on probation, PG&E shall not commit another Federal, State, or local crime.
2. PG&E shall comply with the separately entered order concerning a third-party monitor (see attached order on pages 6 through 18 of the judgment).
3. Within six months of the date of the judgment, PG&E shall develop and submit to the Court an effective compliance and ethics program consistent with § 8B2.1 of the Sentencing Guidelines. The submission shall include a schedule for implementation. PG&E shall revise the program and file updates with the Court whenever deemed appropriate by the third-party monitor.
4. Within 60 days of the date of the judgment, PG&E shall place one full-page advertisement in both the Wall Street Journal and San Francisco Chronicle publicizing the nature of the offenses committed, the convictions, the nature of the punishment imposed, and the steps that will be taken to prevent the recurrence of similar offenses.
5. For three months beginning no later than 60 days after sentencing, and to the greatest extent possible replicating the same channels and air times that PG&E used before and/or during trial in this case in 2016, PG&E will air television commercials which publicize the nature of the offenses committed, the convictions, the nature of the punishment imposed, and the steps that will be taken to prevent the recurrence of similar offenses. PG&E will air such commercials up to the cost of $3,000,000 less the cost of the print advertisements referred to in (4) above. The cost of advertising does not constitute a monetary penalty. PG&E estimates that this will result in approximately 12,500 commercials of approximately 60 seconds in duration across broadcast and cable outlets over the three-month period. PG&E will not include language regarding the conviction as part of the company's public service safety announcements, including what actions the public should take in the event of wires down, gas leaks or other emergencies, and which typically run on radio and digitally given time sensitivity, because such information could cause the public to fail to take the needed safety actions in a timely fashion.
6. PG&E shall submit to: (A) a reasonable number of regular or unannounced examinations of its books and records at appropriate business premises by the probation officer or experts engaged by the Court; and (B) interrogation of knowledgeable individuals within the organization. Compensation to and costs of any experts engaged by the Court shall be paid by the organization. The probation officer and any Court-engaged experts shall work with the third-party monitor to minimize duplication of efforts.
7. PG&E shall perform 10,000 hours of community service. At least 2,000 of these hours shall be performed by high-level personnel, as defined in the commentary to § 8A1.2 of the Sentencing Guidelines. PG&E shall provide the prospective community service workers’ names and titles to the probation officer to ensure compliance with this condition. The location and type of community service must be preapproved by the probation officer and to every extent possible be in the City of San Bruno. The intent of this condition is to require 10,000 hours of community service that PG&E would not otherwise have done, and the probation officer shall therefore consider as part of the approval process the extent to which the proposed projects can be tied to existing service initiatives by PG&E. The community service shall be geared toward giving back to communities affected by PG&E’s negligence, with special emphasis on the City of San Bruno, as directed by the probation officer.
8. PG&E shall notify the probation officer and monitor immediately upon learning of (A) any material adverse change in its business or financial condition or prospects, or (B) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by governmental authorities regarding the organization.
9. PG&E shall pay the fine and special assessment in a lump sum within 60 days of the date of this judgment. Any fines and special assessment payment is not to be passed off to the ratepayers.
CRIMINAL MONETARY PENALTIES
Northern District of California
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA V. PACIFIC GAS AND ELECTRIC COMPANY
CASE NUMBER: 0971 3:14CR00175-001 THE
PG&E ordered to advertise its guilt for pipeline safety violations
By Bob Egelko, San Francisco Chronicle
Updated 3:32 pm, Thursday, January 26, 2017