United States v. Pacific Gas & Electric Co.
Opinion
Lead Opinion
Henderson, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR MULTIPLICITY
This matter came before the Court on October 19, 2015 for a hearing on Defendant Pacific Gas & Electric (“PG&E”)’s Motion to Dismiss for Multiplicity: Counts 3, 7, 8, 10-14, 16-18, and 20-23. After carefully considering the parties’ written and oral arguments, the Court now GRANTS PG&E’s motion, for the reasons set forth below.
BACKGROUND
On September 9, 2010, a gas line owned and operated by PG&E ruptured, causing a fire that killed 8 people and injured 58 others. Superseding Indictment (“SI”) ¶ 5 (Docket No. 22). The fire damaged 108 homes, 38 of which-were completely destroyed. Id. On July 30, 2014, a grand jury returned a superseding indictment (“In *1087 dictment”) charging PG&E with 27 counts of violating the minimum federal safety standards for the transportation of natural gas by pipeline (“Pipeline Safety Act”), as set forth in 49 C.F.R. § 192 (“Section 192”). SI ¶¶ 62-75. “Knowing and willful” violations of these standards are criminalized under 49 U.S.C. § 60123 (“Section 60123”).
Counts 2, 3, and 6-23 of the Indictment allege “knowing and willful” violations of Section 192’s Subpart O, known as the…