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Malibu Power Pole Controversy

As the lawsuit surrounding the Malibu central fires in 2007 continues, further analysis of the allocated fines are in progress to ensure that power poles become as safe as possible.

After much investigation into the 2007 Malibu wildfires, causes were determined to be overloaded power poles that fell over and ignited from the force of the Santa Ana wind. But upon further examination, problems such as deterioration and termite damage were found, which only added to their already hazardous state. Fast-forward to 2012, and these poles, which were erected in 1957 by Southern California Edison, are still believed to be dangerous.

Photo Credit: Rachel Miller

The California Public Utilities Commission (CPUC) and the three phone companies involved: Sprint, AT&T and Verizon Wireless have reached an agreement that the firms are collectively responsible for paying $12 million worth of civil penalties for their lack of maintenance on the poles, which led to overloading. This money will go toward replacing and strengthening the current poles, and would fund an additional investigation of overloading in Edison poles across California.

As well, Southern California Edison and the phone company NextG, who are not a part of the proposed agreement, face up to $74 million for overloading the poles that fell in the 2007 fires. Additionally, Edison is charged with destroying documents and evidence concerning the poles and then putting up substandard replacements that are not up to minimum strength requirements, as determined by the state of California.

At a March 5 trial involving So. Cal Edison and NextG, the judge made further efforts to reach a settlement with all parties including the three other phone companies. In total fines, Edison is responsible for $49 million and NextG $25 million.

According to an email written by Lauren Bartlett, Edison Senior Project Manager, there is a system in place to determine the safety of the poles, but the necessary strength of the poles is under discussion. “Southern California Edison has a program for inspecting poles for required maintenance and deterioration, and poles are replaced when those issues are identified.”

She continued. “How strong the poles need to be is a topic that will be discussed this year in a California Public Utilities Commission administrative proceeding about rules for overhead power lines that electric utilities and telecommunications companies use to reduce the risk of wildfires.”

But that wasn’t enough to put local citizen Hans Laetz’s mind at peace, who decided that the issue was important enough to make his own venture.

“The reason I got involved in this is because my town got burned when some power poles that looked like they were going to fell, that looked like they were going to fail, that were leaning over for years and years and they were decrepit and they were obviously overloaded. They finally fell over and they caught fire.  And my town burned! That made me mad!”

Laetz, a candidate for city council, has been granted intervener status to look into the issue. “I went to the city council and asked them to look over what I found and they weren’t doing anything, so I intervened,” Laetz said.

Photo Credit: Rachel Miller

Throughout the investigation, Laetz travels between his Malibu home and San Francisco, where he goes to hearings regarding the poles, and makes suggestions about where necessary changes should be made. He feels that in order to improve the safety of area, certain steps should be taken such as surveying all pole structures in the area, mapping hazardous fire zones in Malibu in which winds are likely to reach over 92 miles per hour, and installing warning devices on cables for aviation above the canyons.

Remarks that Mr. Laetz reviewed from the Associated Press revealed that unmarked So. Cal Edison poles caused the Sequoia National Park helicopter crash in 2010.

“Federal Aviation Administration guidelines state that companies are responsible for placing lights and visible markers on power lines and towers that are higher than 200 feet above ground level, so that pilots can spot potential hazards, said FAA spokesman Ian McGregor.

Another major problem in this investigation is that companies have not been held responsible for their equipment in the past.

Because Edison sold interest in the poles to cellular companies, they have expressed that they are not responsible for the overloading and improper standards—that then falls on the cell companies. However, the state of California claims that this does not release them from any duty to keep the poles safe.

The goal of the CPUC is to reach a settlement pay of $6.1 million among the three cell phone companies that will go to the State of California General Fund, as well as $5.9 million that will serve two purposes: examining the power poles in Malibu Canyon Road for deterioration and possible overloading, and an independent survey of Edison poles with “heavy cell cables and antennae attached.”

But things are looking up. With this investigation, changes will be made to poles that will improve both safety and prevent future incidences.

“Shortly thereafter [my initial involvement], the PUC really got involved and now they have an investigator who has done a really good job. He’s done all the hard work; I’m just sort of along for the ride now watching what he is doing. Now is the time to tell [officials] exactly how we want this money to be spent in California, in the Edison area, but most importantly here in Malibu,” Laetz commented.

As well, Mayor of Malibu Laura Rosenthal is very much in favor of this public safety issue moving forward.

“What some of us did individually is write letters asking for certain things to be done. One of them was to take the money that was awarded and use that money to upgrade the power poles in the Malibu area and the Santa Monica Mountains area, because obviously many Malibu people lost their homes and their belongings [in the 2007 fires] and it was pretty traumatic.”

She explained further: “We’ve had a number of fires here over the years and I think it’s important to take that money [from the suit] and say ‘what can we do to make things better?’”

“I think a lot of people in the canyons [Latigo and Corral Canyon] are scared, because there’s only one road in and one road out. So whatever we can do, whatever the utility companies can do and the watchdog organizations, to make sure those power poles as strong as possible and not overloaded [would be beneficial].”

Distribution of Charges:

  • $4 million per cellular company = $12 million
  • $49 million Southern California Edison in 2007 fires
  • $25 million NextG for 2007 fires

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