California’s largest utility provider could face murder charges for wildfires, AG says
By Dakin Andone and Marlena Baldacci, CNN
Updated
3:02 PM EST, Sun December 30, 2018
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(CNN) —
California’s largest public utility provider could face murder or manslaughter charges if it were found responsible for causing the state’s recent deadly wildfires, according to court documents filed by the state attorney general.
Pacific Gas & Electric Co., or PG&E, could potentially face a range of criminal offenses if any of the wildfires broke out as a result of the utility failing to properly operate and maintain power lines, per an amicus brief filed in US District Court Friday by California Attorney General Xavier Becerra.
PG&E, which provides electricity to about 16 million Californians, has been under scrutiny for how it maintains its infrastructure amid questions about what caused the Camp Fire – the deadliest and most destructive wildfire in the state’s history.
According to the brief, potential charges range from minor misdemeanors related to clearing vegetation around power lines, to misdemeanors or felonies if it started the fire, up to “homicide offenses like implied-malice murder and involuntary manslaughter.”
The potential charges would be dependent on an investigation into the cause of the fire and – if PG&E were found liable – on the utility provider’s degree of negligence and recklessness.
The attorney general’s office has not come to a conclusion about PG&E’s responsibility for the recent fires and is not taking a position on the issue, the brief states.
The brief was filed in response to a request by US District Court Judge William Alsup that officials explain what crimes PG&E might potentially have committed if it were ultimately found responsible for the wildfires.
In response to Becerra’s court filing, PG&E said it is determined to doing everything it can to reduce wildfire risks.
“PG&E’s most important responsibility is public and workforce safety. Our focus continues to be on assessing our infrastructure to further enhance safety and helping our customers continue to recover and rebuild,” it said in a statement.
Photos: In pictures: Wildfires tear across California
Jacob Saylors, 11, walks through the burned remains of his home in Paradise, California, on Sunday, November 18. His family lost a home in the same spot to a fire 10 years earlier.
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JOSH EDELSON/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Lidia Steineman, who lost her home in the Camp Fire, prays during a vigil for fire victims on November 18 in Chico, California. More than 50 people gathered at the memorial service.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
From left, California Gov.-elect Gavin Newsom, California Gov. Jerry Brown, President Donald Trump, Paradise Mayor Jody Jones and FEMA Administrator Brock Long survey damage left by the Camp Fire in Paradise, California, on Saturday, November 17. The death toll from the Camp Fire has risen to 76 and more than 1,200 people remain unaccounted for.
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Saul Loeb/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
A child wears a smoke mask while watching President Trump''s motorcade in Chico on November 17.
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Leah Millis/Reuters
Photos: In pictures: Wildfires tear across California
Fire evacuees sift through donated items in a Chico parking lot November 17.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
A group of children hold an American flag as the motorcade of President Donald Trump drives through Chico, California, on November 17.
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Evan Vucci/AP
Photos: In pictures: Wildfires tear across California
A firefighter searches for human remains on Friday, November 16, in a Paradise trailer park destroyed in the Camp Fire.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
President Donald Trump visits a neighborhood impacted by the Woolsey Fire in Malibu, California, on November 17.
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Evan Vucci/AP
Photos: In pictures: Wildfires tear across California
Dakota Keltner, right, rests on Havyn Cargill-Morris on November 16 in a truck at a makeshift encampment outside a Walmart store in Chico, California. The camp became a temporary respite for people displaced by the Camp Fire.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
A burned neighborhood is seen on Thursday, November 15, in Paradise, California.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Rescue workers sift through rubble in search of human remains on Wednesday, November 14, at a burned property in Paradise.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Firefighters work to control the Camp Fire on November 14 north of Oroville, California.
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Scott Clause//The Daily Advertiser/USA Today Network/SIPA USA
Photos: In pictures: Wildfires tear across California
Evacuee Denise Chester hugs her son, Antonio Batres, as she volunteers her time sorting clothes on November 14 at a makeshift shelter in Chico. Chester, who didn't want to know yet whether her home survived, said: "I want to help. I don't want to shut down."
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Tape outlines the location where sheriff's deputies on November 14 recovered the body of a Camp Fire victim.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Magalia resident Luis Badres and his family left his home because of the Camp Fire. They were living in a tent on Tuesday, November 13, in the parking lot of a Chico Walmart.
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Joel Angel Juarez/ZUMA Wire
Photos: In pictures: Wildfires tear across California
A long line of residents seeking to return to Malibu wait at a checkpoint on November 13 on Pacific Coast Highway after Woolsey Fire evacuation orders were lifted for the eastern portion of the city.
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Reed Saxon/AP
Photos: In pictures: Wildfires tear across California
A helicopter flies near the Woolsey Fire burning in the Santa Monica Mountains National Recreation Area.
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Rbo Schumacher/The Republic/USA Today Network/Sipa USA
Photos: In pictures: Wildfires tear across California
Roger Kelton wipes away tears on November 13 while searching through the remains of his mother-in-law's home in Agoura Hills. It was destroyed by the Woolsey Fire.
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Jae C. Hong/AP
Photos: In pictures: Wildfires tear across California
A melted fence runs along a hillside as firefighters battle the Woolsey Fire in Agoura Hills on November 13.
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Jae C. Hong/AP
Photos: In pictures: Wildfires tear across California
Firefighters search through the remains of a Paradise house on November 13.
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Terry Sylvester/Reuters
Photos: In pictures: Wildfires tear across California
Smoke fills the horizon on November 13 as an airplane flies near a flare-up of the Woolsey Fire near Lake Sherwood.
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Amanda Myers/AP
Photos: In pictures: Wildfires tear across California
A fire truck drives through part of Paradise on November 13.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
An air tanker drops water on a fire along the Ronald Reagan Freeway in Simi Valley on Monday, November 12.
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Ringo H.W. Chiu/AP
Photos: In pictures: Wildfires tear across California
Samantha Esau and Emily Garcia take in stray cats from an evacuated Paradise home on November 12.
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Photos: In pictures: Wildfires tear across California
Firefighters put out hot spots in Paradise on November 12.
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Photos: In pictures: Wildfires tear across California
Joseph Grado and his wife, Susan, embrace at a shelter in Chico on November 12. The Camp Fire destroyed their home.
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Hector Amezcua/AP
Photos: In pictures: Wildfires tear across California
A firefighter battles a fire in Simi Valley on November 12.
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Ringo H.W. Chiu/AP
Photos: In pictures: Wildfires tear across California
A plane drops fire retardant on the Woolsey Fire near Malibu on November 12.
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Photos: In pictures: Wildfires tear across California
Betsy Ann Cowley walks through Pulga, near where investigators were trying to determine the cause of the Camp Fire.
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Peter Banda/AP
Photos: In pictures: Wildfires tear across California
A resident sprays down a roof as firefighters battle the Peak Fire in Simi Valley.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
Shawn Slack carries a chainsaw on November 12 after trees burned in Paradise.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
Chris and Nancy Brown embrace while looking over the remains of their home on November 12.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Firefighters put out hot spots in Thousand Oaks on November 12.
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Rob Schumacher/The Arizona Republic/USA TODAY NETWORK/Sipa USA
Photos: In pictures: Wildfires tear across California
Firefighters battle a fire in Simi Valley on November 12.
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Ringo H.W. Chiu/AP
Photos: In pictures: Wildfires tear across California
A ferry makes its way toward Alcatraz Island on November 12 as the San Francisco skyline is obscured by smoke that drifted over from the Camp Fire.
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Eric Risberg/AP
Photos: In pictures: Wildfires tear across California
A vehicle drives through smoke near Pulga on Sunday, November 11.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Firefighters battle the Woolsey Fire in Malibu on November 11.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
A helicopter drops water while battling the Camp Fire near Pulga on November 11.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Firefighters work at the Salvation Army Camp in Malibu on Saturday, November 10.
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Sandy Huffaker/Getty Images
Photos: In pictures: Wildfires tear across California
A bag containing human remains lies on the ground on November 11 as officials continue to search for victims at a burned-out home in Paradise.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
Cathy Fallon, who stayed behind in Paradise to tend to her horses during the Camp Fire, embraces Shawna De Long, left, and April Smith, right, who brought supplies for the horses.
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Stephen Lam/REUTERS
Photos: In pictures: Wildfires tear across California
Firefighters douse embers off a canyon road that cuts across the mountains to Malibu.
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by Frederic J. Brown/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
A plane drops fire retardant on a burning hillside in Malibu on November 11.
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Jae C. Hong/AP
Photos: In pictures: Wildfires tear across California
Evacuee Brian Etter and his dog Tone, who escaped the Camp Fire on foot, rest in the parking lot of a Chico church on November 11.
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Stephen Lam/Reuters
Photos: In pictures: Wildfires tear across California
Culver City firefighters watch the Woolsey Fire from a burned home in Los Angeles.
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Hans Gutknecht/Digital First Media/LA Daily News/Getty Images
Photos: In pictures: Wildfires tear across California
The remains of a Los Angeles home destroyed by the Woolsey Fire are seen on November 11.
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Hans Gutknecht/Digital First Media/LA Daily News/Getty Images
Photos: In pictures: Wildfires tear across California
The sun rises over the Pacific Ocean on November 11 as the Woolsey Fire burns in Malibu.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
Firefighters battle a blaze in Malibu on Saturday, November 10.
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Sandy Huffaker/Getty Images
Photos: In pictures: Wildfires tear across California
A woman runs in Calabasas as firefighters work to control a flare-up from the Woolsey Fire on November 10.
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Robyn Beck/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
The Camp Fire burns November 10 in the hills near Big Bend.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
Sheriff's deputies carry a body bag with a Camp Fire victim on November 10.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
Scorched hillsides and damaged power lines are seen on November 10 along the Pacific Coast Highway in Malibu.
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Robyn Beck/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Araya Cipollini cries November 10 near the remains of her family's home in Paradise.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
Los Angeles County firefighters work in Malibu Creek State Park on November 10.
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David McNew/Getty Images
Photos: In pictures: Wildfires tear across California
A deer looks on from a burned residence in Paradise on November 10.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
A fire truck is seen on the Pacific Coast Highway as the Woolsey Fire burns in Malibu on November 10.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
Eric England searches through a friend's vehicle in Paradise on November 10.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Sheriff's deputies walk November 10 through a neighborhood destroyed by the Camp Fire.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
A satellite image from November 10 shows vegetation that was burned as a result of the Woolsey Fire.
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Planet Labs Inc.
Photos: In pictures: Wildfires tear across California
Firefighters meet in Paradise on November 10.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
Roger Bloxberg and his wife, Anne, hug on Friday, November 9, as they watch a wildfire on a Los Angeles hilltop.
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Marcio Jose Sanchez/AP
Photos: In pictures: Wildfires tear across California
Malibu Mayor Rick Mullen, who is also a firefighter, surveys a house engulfed in flames on Friday, November 9.
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Wally Skalij/Los Angeles Times/Getty Images
Photos: In pictures: Wildfires tear across California
A massive smoke plume, powered by strong winds, rises above the Woolsey Fire in Malibu on November 9.
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David McNew/Getty Images
Photos: In pictures: Wildfires tear across California
Cathy Fallon stands near the charred remains of her Paradise home on November 9. The Camp Fire has wiped out much of the town north of Sacramento.
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John Locher/AP
Photos: In pictures: Wildfires tear across California
A firefighter sprays down palm trees as the Woolsey Fire burns in Malibu on November 9.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
Llamas are tied to a lifeguard stand on a Malibu beach on November 9.
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Wally Skalij/Los Angeles Times/Getty Images
Photos: In pictures: Wildfires tear across California
Smoke is seen over the Pacific in this photo taken from a helicopter over Malibu on November 9.
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Mark J. Terrill/AP
Photos: In pictures: Wildfires tear across California
A woman in Malibu reacts to devastation on November 9.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
A row of palm trees stands as the Woolsey Fire continues to burn in Malibu on November 9.
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Joel Angel Juarez/Newscom
Photos: In pictures: Wildfires tear across California
From left, firefighters Cory Darrigo, Omar Velasquez and Sam Quan rest in a Westlake Village backyard after battling the Woolsey Fire all night.
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Kevork Djansezian/Getty Images
Photos: In pictures: Wildfires tear across California
Gabi and Jonah Frank walk on the Pacific Coast Highway as the Woolsey Fire threatens their Malibu home on November 9.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
A satellite image taken by NASA's Operational Land Imager shows the Camp Fire in Northern California.
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From NASA
Photos: In pictures: Wildfires tear across California
A firefighter keeps watch as the Woolsey Fire burns a home near Malibu Lake on November 9.
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Ringo H.W. Chiu/AP
Photos: In pictures: Wildfires tear across California
The Woolsey Fire burns in Malibu on November 9. The community is known for celebrity beachside homes.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
Doug Thomas and his dog Hanna rest November 9 while they await word if they can return to their Malibu Lake home.
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Erick Madrid/Zuma Press
Photos: In pictures: Wildfires tear across California
Cars destroyed by the Camp Fire sit in a used-car lot in Paradise on November 9.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
Firefighters battle flames in Thousand Oaks early on November 9.
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Eric Thayer/Reuters
Photos: In pictures: Wildfires tear across California
Evacuees rest on cots supplied by the Red Cross at a Los Angeles high-school gym on November 9.
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Richard Vogel/AP
Photos: In pictures: Wildfires tear across California
Fire Capt. Steve Millosovich, battling the Camp Fire in Big Bend, carries a cage of cats that fell from an evacuee's pickup.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Smoke billows above Malibu trees in this photo posted to Instagram by Julie Ellerton.
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Julie Ellerton
Photos: In pictures: Wildfires tear across California
Firefighters push a vehicle from a garage as the Woolsey Fire burns a home in Malibu on November 9.
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Ringo H.W. Chiu/AP
Photos: In pictures: Wildfires tear across California
Patients are evacuated from Paradise's Feather River Hospital as it burns on Thursday, November 8.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Juanita and Wayne McLish sit on a curb November 8 after losing their house to the Camp Fire in Paradise.
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Karl Mondon/Digital First Media/The Mercury News via Getty Images
Photos: In pictures: Wildfires tear across California
The Hill Fire burns in Thousand Oaks on November 8.
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Jeff Gritchen/Digital First Media/Orange County Register via Getty Images
Photos: In pictures: Wildfires tear across California
The Woolsey Fire burns in Ventura County, where Jason Bauer told CNN his parents had just been evacuated from their home.
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Jason Bauer
Photos: In pictures: Wildfires tear across California
People embrace in the parking lot of a Paradise hospital as the Camp Fire engulfed it on November 8.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
The Paradise Inn burns on November 8.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
A firefighter works to extinguish a spot fire at a home in Paradise.
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Stephen Lam/REUTERS
Photos: In pictures: Wildfires tear across California
Vehicles and homes burn as the Camp Fire rips through Paradise on November 8.
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Josh Edelson/Getty Images
Photos: In pictures: Wildfires tear across California
Dogs roam a burned-out neighborhood in Paradise.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
Hospital staff and first responders evacuate the Feather River Hospital in Paradise on November 8.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
A fire emergency crew works to protect the Paradise Town Hall from the encroaching Camp Fire on November 8.
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Neal Waters/ZUMA Wire
Photos: In pictures: Wildfires tear across California
A home burns as the Camp Fire rages through Paradise.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
A vintage car rests among debris in Paradise.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Medical personnel move patients as the Feather River Hospital is evacuated in Paradise on November 8.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
Smoke fills the sky over Paradise on November 8. Paradise, located about 85 miles north of Sacramento, has 26,000 residents.
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Josh Edelson/AFP/Getty Images
Photos: In pictures: Wildfires tear across California
The remains of a building are seen after being consumed by the Camp Fire.
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Noah Berger/AP
Photos: In pictures: Wildfires tear across California
A firefighter monitors a burning home on November 8.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
California Highway Patrol officers attempt to transfer a potbelly pig they rescued in Butte County on November 8.
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Peter DeSilva/EPA/Shutterstock
Photos: In pictures: Wildfires tear across California
A Paradise home is engulfed in flames on November 8.
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Justin Sullivan/Getty Images
Photos: In pictures: Wildfires tear across California
Firefighters monitor a back fire while attempting to save homes in Paradise on November 8.
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Stephen Lam/Reuters
Photos: In pictures: Wildfires tear across California
Flames burn inside a van as the Camp Fire tears through Paradise on November 8.
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Noah Berger/AP
In the blaze’s aftermath, PG&E reported “an outage” on a transmission line in the area where the blaze began, about 15 minutes before it started. The company also reported finding power equipment and a downed power pole riddled with bullet holes and a downed line with tree branches on it.
The cause of the Camp Fire is still under investigation, according to state fire officials.
Utility has a checkered past
In recent years PG&E has suffered repeated blows to its reputation for its connection to other disasters and failing to meet regulatory standards.
It’s currently on probation after being found guilty on several charges for a 2010 PG&E pipeline explosion in San Bruno that killed 8 people and injured more than 50 others. PG&E was placed on probation and fined $1.6 billion by the commission for unsafe operation of its gas transmission system.
PG&E equipment was also found to have caused 17 fires last year, often after branches or trees came in contact with power lines, per California fire officials.
Investigators determined that in 11 cases the company violated codes regarding brush clearance or related violations and referred the matters to prosecutors. No charges have been filed against PG&E in relation to the violations.
Earlier this month, the California Public Utilities Commission claimed PG&E failed to locate and mark natural gas pipelines in a timely manner and pressured workers to falsify data so the locating and marking work would not appear as late.
PG&E agreed with the CPUC’s findings in a statement released at the time.
“We’re committed to accurate and thorough reporting and record-keeping, and we didn’t live up to that commitment in this case,” said spokesman Matt Nauman.
The company said it was taking action to meet regulatory standards including upgrading its protocol, hiring more workers and giving them better training.
CNN’s Nicole Chavez, Christina Maxouris, Chris Boyette, Madeleine Ayer and Scott Glover contributed to this report.