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Wildfires may force S&P to cut Berkshire's PacifiCorp utility into junk

S&P Global announced on Monday that it could downgrade PacifiCorp to junk status, as liability from class actions litigation over a number of Oregon wildfires in 2020 increases.

The warning was issued after an?Oregon juror on February 25, awarded $305 Million to 16 plaintiffs or $19 Million per plaintiff. They blamed PacifiCorp of failing to shut down power lines during the Labor Day Weekend windstorm. In earlier trials, plaintiffs had received an average of $5 million. S&P stated that it may reduce PacifiCorp’s "BBB minus" credit rating - the lowest investment grade - by at least two notches if future plaintiff awards reach $19 million, and by one notch if they are "significant", but smaller. It said that it would closely monitor verdicts over the next few weeks.

The James class action trial is scheduled to run until early 2028. Berkshire Hathaway energy, PacifiCorp’s parent company, said that the utility could be liable for $48 billion in potential payouts - on top of the $1 billion already received. PacifiCorp is exposed to wildfires in the amount of $50 billion.

PacifiCorp, in response to S&P’s action, said that it intends to appeal the $305-million verdict and is focused "providing clarity" to employees and customers, as well as communities. PacifiCorp awaits a decision by the Oregon Court of Appeals on whether or not the class action had been properly certified, and if claimants are entitled to recover damages for emotional stress.

Berkshire Hathaway Energy stated that a loss of investment-grade could cause PacifiCorp to be unable to raise funds?to fund ongoing operations. This includes paying suppliers and providing electricity to customers.

The parent company added that "PacifiCorp is confident it will be able to meet its obligations and operations for at least another year."

Berkshire Hathaway's credit rating is high. Greg Abel, Berkshire Hathaway's Chief Executive, said in his first annual shareholder letter on Saturday that the Omaha-based conglomerate will accept responsibility for wildfires but fight unjustified claims.

"PacifiCorp should not be treated like a deep-pocket insurer," he wrote. Reporting by Jonathan Stempel, New York; Editing and proofreading by Cynthia Osterman

(source: Reuters)