Business
Edison under scrutiny for Eaton fire. Who pays liability will be 'new frontier' for California
Six years ago, Pacific Gas & Electric filed for bankruptcy after it was found liable for sparking a succession of devastating wildfires, including the blaze that destroyed the town of Paradise and led to more than 100 deaths.
Wall Street investors lost confidence and ratings agencies threatened to downgrade California’s investor-owned utilities, prompting legislators to come up with an innovative solution: the establishment of a $21-billion wildfire fund, split equally between shareholders and utility customers.
Now, after two major wildfires have destroyed thousands of homes and left at least two dozen dead in and around Los Angeles, the state’s wildfire fund would face its first major test if another utility is found liable for sparking the blazes.
Even the lawmaker who spearheaded legislation to set up the wildfire fund is not sure whether his efforts to mitigate the risk to utility companies — allowing them to keep functioning in a state prone to escalating risk of wildfires — is enough.
“This is the most profound test case that the fund will potentially be up against,” said Christopher Holden, a former Democratic legislator who sponsored the bill that created the fund. “This is a new frontier,” said Holden, who lives in Pasadena and had to evacuate during the Eaton fire.
“It was a new frontier when we wrote the bill — and now, just five years later, we’re going through another frontier.”
If investigators determine that a utility company caused the Eaton or Palisades fire, it could send shock waves across the utility industry and the broader insurance market.
Mark Toney, executive director of TURN, The Utility Reform Network, said the massive scope of the L.A. County fires raised significant questions about the fund’s ability to cover insurance liability. Even if the fund is able to bail out utility companies for the fires, it’s uncertain whether it could then cover fires that may crop up in the future.
“Will the fund work right?” Toney said. “Who ends up paying?”
The causes of the fires have yet to be determined.
Investigators looking into the Eaton fire — which caused at least 17 fatalities and damaged an estimated 7,000 structures across Pasadena and Altadena — are focusing on an area around a Southern California Edison electrical transmission tower in Eaton Canyon.
Edison has denied fault in the Eaton fire. In a statement to The Times, the company said that its work to mitigate wildfires had cut the risk of catastrophic fires by 85% to 90% compared with the risk before 2018.
The Los Angeles Department of Water and Power, the municipal utility that operates in Pacific Palisades, says it did not opt into the wildfire fund because it would have been too costly for its customers. If the large municipal utility was liable for the Palisades fire, the city of L.A. could face exorbitant financial costs.
But sources with knowledge of the investigation have told The Times that the fire, which started in the Skull Rock area north of Sunset Boulevard, appears to have human origins. Officials are looking into whether a small fire possibly sparked by New Year’s Eve fireworks could somehow have rekindled Jan 7.
Michael Wara, an energy and climate scholar at Stanford University, said the state’s entire insurance landscape, not just California’s wildfire fund, might have to be recalibrated if a utility company were found to have caused a major L.A. fire.
“The big question is how available and affordable is overall insurance?” said Wara, who has served on the California Catastrophe Response Council, the fund’s oversight body. “California, I think, is going to face greater challenges than it has over even the last few years, when it hasn’t been easy for its primary insurers and other entities to access these global reinsurance markets that fund losses after a catastrophe.”
Under California law, utility companies are strictly liable for all damages to real property associated with a fire, including houses.
The wildfire fund is a new model in which the state’s three big owner-operated utility companies — Pacific Gas & Electric Co., San Diego Gas & Electric Co. and Southern California Edison — pay into a fund, which they can then tap into if their equipment is determined to have caused a blaze. When that happens, they are responsible, on their own, for the first $1 billion of losses. After that, the wildfire fund will pay.
“If the wildfire fund did not exist today, Edison might be in real trouble,” Wara said. “We would see something probably similar to what happened to PG&E after the Camp fire.”
Back then, Wara said, utilities were held to a standard of strict liability: If electrical equipment was found to have caused the fire, they were on the hook.
Now, if Edison is ultimately held responsible, Wara said, the company can go to the wildfire fund and get money.
“That’s really important in terms of making sure that the victims are made whole, at least for their property losses,” he said.
Although it is too soon to estimate the damage of the Eaton fire, Wara said thousands of structures have been lost in an area where the average home value is around $1.3 million. Costs, he said, could reach $10 billion.
If officials find that Edison caused the fire but acted responsibly, Wara said, as much as half of the fund’s $21 billion could be depleted.
“That’s half the fund in one fire — five years into the life of the fund,” said Wara, who has served as a wildfire commissioner for California and a member of the California Catastrophe Response Council, the oversight body of the California wildfire fund.
The problem is compounded by the fact that the wildfire fund has so far amassed only $14 billion, because utility companies cannot immediately expect ratepayers to pay their share of half the $21 billion.
“If you are an investor in PG&E or Edison, you might look at this and think, ‘Hmm, I thought the fund was big enough. Maybe now I’m not so sure.’ The fund is there to provide confidence. If the fund isn’t big enough, there will be less confidence.”
The California Department of Forestry and Fire Protection, or Cal Fire, will lead the investigation into what caused the fires.
Then, the California Public Utility Commission determines whether the utility company acted reasonably or unreasonably and, if so, to what degree.
If a utility was found to have failed to act prudently, Wara said, it would have to reimburse the fund. The amount it would pay, however, is capped on the size of the reimbursement relative to the size of their rate base.
Edison International Chief Executive Pedro Pizarro told Bloomberg Television that state regulations allowed the company’s holder liability to be capped at $3.9 billion.
“The reason the cap is there is if Edison is reimbursing the fund, that’s basically electricity customers reimbursing the fund,” Wara said. “Edison will go to the California Utility Commission and say, ‘We need this money to be expensed in rates.’”
The fund would also have to pay for wrongful deaths, Wara said, but that’s a different kind of claim.
“You have to show negligence, and that may be hard to prove, actually, because Edison may have acted reasonably, and yet the fire still was set by their equipment,” Wara said. “Edison would have a lot of reason to claim that it has acted reasonably, in a sense that it has spent enormous sums to try to reduce the risk, and there’s an agency that’s overseeing all of this and approving and monitoring compliance with its plans.”
Still, even if the wildfire fund bailed out Edison, there could be grave consequences for Edison and other utility companies. If a large portion of the wildfire fund’s $21 billion was depleted, that could affect market perception of the fund, negatively affect utility company credit scores, and plunge investor-owned utilities — which cover about 80% customers across the state of California — into chaos.
On Tuesday afternoon, shares for Edison International, the utility’s parent company, rose less than 1% to $57.27, marking a more than 24% drop in the week since the fires broke out. That represents a more than $7 billion decline in the company’s market cap.
“If the [utility] market collapses, then we’ve got a catastrophic situation,” Holden said. “We have to secure the market going forward.”
Last fall, state regulators criticized Southern California Edison for falling behind in inspecting transmission lines in areas at high risk of wildfires.
Utility safety officials also said in a report that the company’s visual inspections of splices in its transmission lines were sometimes failing to find dangerous problems.
“We have not seen in our telemetry any indication of an electrical anomaly,” Edison International CEO Pedro Pizarro said Monday on Bloomberg Television. “Typically, when you have a fire across infrastructure, you see voltage dropping. We have not seen that in our study.”
Pizarro said Edison had turned off distribution lines near the start of the Eaton blaze before it erupted in a canyon near Altadena, but not the transmission lines. “Transmission lines are larger and stronger,” he said, “and so they can operate safely at higher wind speeds.”
Several of California’s most destructive wildfires in the last decades have been caused by aging electrical equipment. The 2018 Camp fire was caused by 100-year-old high voltage transmission towers. The 2019 Kincade fire was caused by a line built half a century ago. It may be the case, Wara said, that California’s older utility infrastructure, even when inspected, is not up to the job.
“A lot of the transmission system in California is quite old,” Wara said. “There were pulses of construction activity that led to the system we have and the last big one was when Pat Brown was governor.. .If something failed on that tower that caused ground faults, at some point we need to ask ourselves… maybe we shouldn’t be relying on old infrastructure?”
In an era when hurricane-force winds can whip up wildfires that engulf vast areas, Toney questioned whether it made sense for a utility company to be responsible for the fate of every home. Wildfires, he said, are caused not just by faulty utility equipment, but by lightning, arson, even legal fireworks, and then fueled by poor development and insufficient cutting back of vegetation and landscaping.
“It’s a mistake just to isolate utility,” Toney said. “It’s time for a new paradigm. When it comes to the cost of rebuilding, the utilities may not be big enough.”
Business
Paramount outlines plans for Warner Bros. cuts
Many in Hollywood fear Warner Bros. Discovery’s sale will trigger steep job losses — at a time when the industry already has been ravaged by dramatic downsizing and the flight of productions from Los Angeles.
David Ellison‘s Paramount Skydance is seeking to allay some of those concerns by detailing its plans to save $6 billion, including job cuts, should Paramount succeed in its bid to buy the larger Warner Bros. Discovery.
Leaders of the combined company would search for savings by focusing on “duplicative operations across all aspects of the business — specifically back office, finance, corporate, legal, technology, infrastructure and real estate,” Paramount said in documents filed with the Securities & Exchange Commission.
Paramount is locked in an uphill battle to buy the storied studio behind Batman, Harry Potter, Scooby-Doo and “The Big Bang Theory.” The firm’s proposed $108.4-billion deal would include swallowing HBO, HBO Max, CNN, TBS, Food Network and other Warner cable channels.
Warner’s board prefers Netflix’s proposed $82.7-billion deal, and has repeatedly rebuffed the Ellison family’s proposals. That prompted Paramount to turn hostile last month and make its case directly to Warner investors on its website and in regulatory filings.
Shareholders may ultimately decide the winner.
Paramount previously disclosed that it would target $6 billion in synergies. And it has stressed the proposed merger would make Hollywood stronger — not weaker. The firm, however, recently acknowledged that it would shave about 10% from program spending should it succeed in combining Paramount and Warner Bros.
Paramount said the cuts would come from areas other than film and television studio operations.
A film enthusiast and longtime producer, David Ellison has long expressed a desire to grow the combined Paramount Pictures and Warner Bros. slate to more than 30 movies a year. His goal is to keep Paramount Pictures and Warner Bros. stand-alone studios.
This year, Warner Bros. plans to release 17 films. Paramount has said it wants to nearly double its output to 15 movies, which would bring the two-studio total to 32.
“We are very focused on maintaining the creative engines of the combined company,” Paramount said in its marketing materials for investors, which were submitted to the SEC on Monday.
“Our priority is to build a vibrant, healthy business and industry — one that supports Hollywood and creative, benefits consumers, encourages competition, and strengthens the overall job market,” Paramount said.
If the deal goes through, Paramount said that it would become Hollywood’s biggest spender — shelling out about $30 billion a year on programming.
In comparison, Walt Disney Co. has said it plans to spend $24 billion in the current fiscal year.
Paramount also added a dig at Warner management, saying: “We expect to make smarter decisions about licensing across linear networks and streaming.”
Some analysts have wondered whether Paramount would sell one of its most valuable assets — the historic Melrose Avenue movie lot — to raise money to pay down debt that a Warner acquisition would bring.
Paramount is the only major studio to be physically located in Hollywood and its studio lot is one of the company’s crown jewels. That’s where “Sunset Boulevard,” several “Star Trek” movies and parts of “Chinatown” were filmed.
A Paramount spokesperson declined to comment.
Sources close to the company said Paramount would scrutinize the numerous real estate leases in an effort to bring together far-flung teams into a more centralized space.
For example, CBS has much of its administrative offices on Gower in Hollywood, blocks away from the Paramount lot. And HBO maintains its operations in Culver City — miles from Warner’s Burbank lot.
Paramount pushed its deadline to Feb. 20 for Warner investors to tender their shares at $30 a piece.
The tender offer was set to expire last week, but Paramount extended the window after failing to solicit sufficient interest among Warner shareholders.
Some analysts believe Paramount may have to raise its bid to closer to $34 a share to turn heads. Paramount last raised its bid Dec. 4 — hours before the auction closed and Netflix was declared the winner.
Paramount also has filed proxy materials to ask Warner shareholders to reject the Netflix deal at an upcoming stockholder meeting.
Earlier this month, Netflix amended its bid, converting its $27.75-a-share offer to all-cash to defuse some of Paramount’s arguments that it had a stronger bid.
Should Paramount win Warner Bros., it would need to line up $94.65 billion in debt and equity.
Billionaire Larry Ellison has pledged to backstop $40.4 billion for the equity required. Paramount’s proposed financing relies on $24 billion from royal families in Saudi Arabia, Qatar and Abu Dhabi.
The deal would saddle Paramount with more than $60 billion of debt — which Warner board members have argued may be untenable.
“The extraordinary amount of debt financing as well as other terms of the PSKY offer heighten the risk of failure to close,” Warner board members said in a filing earlier this month.
Paramount would also have to absorb Warner’s debt load, which currently tops $30 billion.
Netflix is seeking to buy the Warner Bros. television and movie studios, HBO and HBO Max. It is not interested in Warner’s cable channels, including CNN. Warner wants to spin off its basic cable channels to facilitate the Netflix deal.
Analysts say both deals could face regulatory hurdles.
Business
Southwest’s open seating ends with final flight
After nearly 60 years of its unique and popular open-seating policy, Southwest Airlines flew its last flight with unassigned seats Monday night.
Customers on flights going forward will choose where they sit and whether they want to pay more for a preferred location or extra leg room. The change represents a significant shift for Southwest’s brand, which has been known as a no-frills, easygoing option compared to competing airlines.
While many loyal customers lament the loss of open seating, Southwest has been under pressure from investors to boost profitability. Last year, the airline also stopped offering free checked bags and began charging $35 for one bag and $80 for two.
Under the defunct open-seating policy, customers could choose their seats on a first-come, first-served basis. On social media, customers said the policy made boarding faster and fairer. The airline is now offering four new fare bundles that include tiered perks such as priority boarding, preferred seats, and premium drinks.
“We continue to make substantial progress as we execute the most significant transformation in Southwest Airlines’ history,” said chief executive Bob Jordan in a statement with the company’s third-quarter revenue report. “We quickly implemented many new product attributes and enhancements [and] we remain committed to meeting the evolving needs of our current and future customers.”
Eighty percent of Southwest customers and 86% of potential customers prefer an assigned seat, the airline said in 2024.
Experts said the change is a smart move as the airline tries to stabilize its finances.
In the third quarter of 2025, the company reported passenger revenues of $6.3 billion, a 1% increase from the year prior. Southwest’s shares have remained mostly stable this year and were trading at around $41.50 on Tuesday.
“You’re going to hear nostalgia about this, but I think it’s very logical and probably something the company should have done years ago,” said Duane Pfennigwerth, a global airlines analyst at Evercore, when the company announced the seating change in 2024.
Budget airlines are offering more premium options in an attempt to increase revenue, including Spirit, which introduced new fare bundles in 2024 with priority check-in and their take on a first-class experience.
With the end of open seating and its “bags fly free” policy, customers said Southwest has lost much of its appeal and flexibility. The airline used to stand out in an industry often associated with rigidity and high prices, customers said.
“Open seating and the easier boarding process is why I fly Southwest,” wrote one Reddit user. “I may start flying another airline in protest. After all, there will be nothing differentiating Southwest anymore.”
Business
Contributor: The weird bipartisan alliance to cap credit card rates is onto something
Behind the credit card, ubiquitous in American economic life now for decades, stand a very few gigantic financial institutions that exert nearly unlimited power over how much consumers and businesses pay for the use of a small piece of plastic. American consumers and small businesses alike are spitting fire these days about the cost of credit cards, while the companies profiting from them are making money hand over fist.
We are now having a national conversation about what the federal government can do to lower the cost of credit cards. Sens. Bernie Sanders (I-Vt.) and Josh Hawley (R-Mo.), truly strange political bedfellows, have proposed a 10% cap. Now President Trump has too. But we risk spinning our wheels if we do not face facts about the underlying structure of this market.
We should dispense with the notion that the credit card business in the United States is a free market with robust competition. Instead, we have an oligopoly of dominant banks that issue them: JPMorgan Chase, Bank of America, American Express, Citigroup and Capital One, which together account for about 70% of all transactions. And we have a duopoly of networks: Visa and Mastercard, who process more than 80% of those transactions.
The results are higher prices for consumers who use the cards and businesses that accept them. Possibly the most telling statistic tracks the difference between borrowing benchmarks, such as the prime rate, and what you pay on your credit card. That markup has been rising steadily over the last 10 years and now stands at 16.4%. A Federal Reserve study found the problem in every card category, from your super-duper-triple-platinum card to subprime cardholders. Make no mistake, your bank is cranking up credit card rates faster than any overall increase.
If you are a small business owner, the situation is equally grim. Credit cards are a major source of credit for small businesses, at an increasingly dear cost. Also, businesses suffer from the fees Visa and Mastercard charge merchants on customer payments; those have climbed steadily as well because the two dominant processors use a variety of techniques to keep their grip on that market. Those fees nearly doubled in five years, to $111 billion in 2024. Largely passed on to consumers in the form of higher prices, these charges often rank as the second- or third-highest merchant cost, after real estate and labor.
There is nothing divinely ordained here. In other industrialized countries, the simple task of moving money — the basic function of Visa and Mastercard — is much, much less expensive. Consumer credit is likewise less expensive elsewhere in the world because of greater competition, tougher regulation and long-standing norms.
Now some American politicians want caps on card interest rates, a tool that absolutely has its place in consumer protection. A handful of states already have strict limits on interest rates, a proud legacy of an ethos of protecting the most vulnerable people against the biblical sin of usury. Texas imposes a 10% cap for lending to people in that state. Congress in 2006 chose to protect military service members via a 36% limit on interest they can be charged. In 2009, it banned an array of sneaky fees designed to extract more money from card users. Federal credit unions cannot charge more than 18% interest, including on credit cards. Brian Shearer from Vanderbilt University’s Policy Accelerator for Political Economy and Regulation has made a persuasive case for capping credit card rates for the rest of us too.
At the very least, there is every reason to ignore the stale serenade of the bank lobby that any regulation will only hurt the people we are trying to help. Credit still flows to soldiers and sailors. Credit unions still issue cards. States with usury caps still have functioning financial systems. And the 2009 law Congress passed convinced even skeptical economists that the result was a better market for consumers.
If consumers receive such commonsense protections, what’s at stake? Profit margins for banks and card networks, and there is no compelling public policy reason to protect those. Major banks have profit margins that exceed 30%, a level that is modest only compared with Visa and Mastercard, which average a margin of 45%. Meanwhile, consumers face $1. 3 trillion in debt. And retailers squeeze by with a margin around 3%; grocers make do with half that.
The market won’t fix what’s wrong with credit card fees, because the handful of businesses that control it are feasting at everyone else’s expense. We must liberate the market from the grip of the major banks and card processors and restore vibrant competition. Harnessing market forces to get better outcomes for consumers, in addition to smart regulation, is as American as apple pie.
Fortunately, Trump has endorsed — via social media — bipartisan legislation, the Credit Card Competition Act, that would crack open the Visa-Mastercard duopoly by allowing merchants to route transactions over competing networks. Here’s hoping he follows through by getting enough congressional Republicans on board.
That change would leave us with the megabanks still controlling the credit card market. One approach would be consumer-friendly regulation of other means of credit, such as buy-now-pay-later tools or innovative payment applications, by including protections that credit cards enjoy. Ideally, Congress would cap the size of banks, something it declined to do after the 2008 financial crisis, to the enduring frustration of reformers who sought structural change. Trump entered the presidency in 2017 calling for a new Glass-Steagall, the Depression-era law that broke up big banks, but he never pursued it.
Fast forward nine years, and we find rising negative sentiment among American voters, groaning under the weight of credit card debt and a cascade of junk fees from other industries. Populist ire at corporate power is rising. The race between the two major parties to ride that feeling to victory in the November midterm elections and beyond has begun. A movement to limit the power of big banks could be but a tweet away.
Carter Dougherty is the senior fellow for anti–monopoly and finance at Demand Progress, an advocacy group and think tank.
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