Last fall, PacifiCorp, operating as Pacific Power, filed a request with the state’s appointed three-person utility commission to limit its liability for non-economic and punitive damages, even in cases of gross negligence and willful misconduct arising out of the provision of electric service. They offered no justification for taking Oregon consumer’s constitutionally-protected rights in this way.

Oregon Consumer Justice (OCJ), among other advocacy organizations, intervened on this matter before the PUC, standing up for Oregon consumers and highlighting the potential erosion of public safety and equity if the request were approved. Nearly a year ago, in June 2023, Pacific Power was held responsible for not shutting off electricity during the Labor Day wildfires in 2020, resulting in nearly $220 million in verdicts determined by Multnomah County juries. This request to the PUC was an attempt to shield the company from future liability at the expense of consumer rights.

Following months of consideration, the PUC’s rejection of Pacific Power’s request showcases how such limitations on liability conflict with Oregon law (Remedies Clause) and could severely undermine consumer protections. If PacifiCorp's proposal had been accepted, it would have created a tiered rights system based on utility providers, leading to disparities where some Oregonians are less protected than others. This would have established a dangerous precedent of prioritizing corporate profits over consumer rights, equitable public policies, and accountability.

Our Executive Director, Jagjit Nagra, shared: "Oregon Consumer Justice appreciates today’s crucial decision from our state’s Public Utility Commission. The rejection of PacificCorp’s request signifies an invaluable win for Oregon consumers and supports their rights to seek full compensation should the worst happen due to negligence or misconduct by their utility provider. We applaud the PUC for putting people first and rejecting a proposal that sought to unfairly limit the rights of Oregonians.”

The PUC's decision emphasizes the need for comprehensive policy solutions to address wildfire liabilities. OCJ urges continued pressure on utility companies to protect consumers and our environment by taking steps to prevent wildfires. If they won’t, we have to ensure that utility providers fulfill their obligations to the people and families they serve without compromising their right to access justice.