PG&E Shareholder BlueMountain Protests Bankruptcy Decision
17 January 2019 - 11:39PM
Dow Jones News
By Peg Brickley
BlueMountain Capital Management LLC, a hedge fund with a
significant stake in PG&E Corp. stock, has challenged the
utility's board over a plan to resort to bankruptcy to tackle
wildfire damages that the utility estimates could run as high as
$30 billion.
The California utility announced Monday it would file for
bankruptcy, jolting BlueMountain and other investors that bought up
the stock in 2018, before the deadly Camp Fire, which killed 86
people.
The announcement slammed PG&E's share price, and sent bond
prices, already battered, down even more. Shares that were selling
for $48.80 just before the Camp Fire began in November 2018 closed
Wednesday at $7.03 a share, marking a three-month drop of more than
85%.
BlueMountain, which reported owning 4.3 million shares as of
Sept. 30, now owns about 11 million shares, according to a person
familiar with the firm's holdings. The hedge fund contends the
utility's board is moving too quickly toward chapter 11 bankruptcy,
destroying value unnecessarily.
"The company has ample liquidity to operate its business; the
amount of liabilities remains uncertain and contestable; there are
meaningful probabilities of offsets from settlements and cost
recovery; and any potential liabilities are payable in the future,"
BlueMountain wrote in a letter to PG&E's board of directors on
Thursday.
PG&E couldn't immediately be reached to respond, and it
isn't clear whether the shareholder's letter would put the brakes
on the push toward bankruptcy court. Law firm Weil Gotshal &
Manges LLP, a chapter 11 heavyweight, is already on board, and the
utility said it would be filing before the end of the month.
Shareholders fare poorly in bankruptcy, their holdings often
wiped out because creditors are paid before equity owners.
BlueMountain also pointed to the effects bankruptcy will have on
PG&E's financing costs.
In PG&E's case, creditors will include victims of a series
of wildfires that are believed to be linked to the utility's
equipment or practices. Without a final court determination that
PG&E is to blame for the fires, and with no trial record to
establish the range of verdicts the utility could face, the damage
estimates are guesses, and not a basis for bankruptcy, according to
the hedge fund.
BlueMountain urged PG&E's board to take another look at the
numbers, weigh its other options and draw on its borrowing power
and insurance coverage before admitting insolvency. Until recently,
PG&E had investment-grade credit ratings, BlueMountain said,
and regulators and lawmakers were open to working with the utility.
Bankruptcy will bring hopes of a state rescue to an end, the hedge
fund said.
The shareholder's criticism echoes what some lawyers who have
sued PG&E for wildfire damages say: bankruptcy isn't the best
way out of trouble.
The utility needs to be taken apart and recreated, but
regulators, not a bankruptcy court, should be in charge of reform,
said Amanda Riddle, one of the plaintiffs' lawyers.
A PG&E bankruptcy would keep most of management in place,
delaying a shake-up of the utility by regulators, Ms. Riddle said
in an email before the announcement. "It would allow existing
management, which has proven beyond all doubt that it is either
safety-incompetent or driven entirely by greed, to stay at their
current jobs that much longer," she said.
PG&E said Sunday, before announcing its intention to file
for bankruptcy, that Chief Executive Geisha Williams was stepping
down and John Simon, the company's general counsel since 2017,
would serve as interim CEO as the company's board of directors
conducts a search for a new chief.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
January 17, 2019 07:24 ET (12:24 GMT)
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