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    Hedge fund billionaire Bill Ackman to launch a NYSE-listed fund for regular investors

    The hedge fund billionaire is planning to launch a closed end fund, investing in 12 to 24 large-cap, investment grade, “durable growth” companies in North America, according to a regulatory filing.
    Ackman’s new fund doesn’t have a performance fee in place.

    Bill Ackman, Pershing Square Capital Management CEO, speaking at the Delivering Alpha conference in New York City on Sept. 28, 2023.
    Adam Jeffery | CNBC

    Pershing Square’s Bill Ackman is set to offer a new investment vehicle listed on the New York Stock Exchange, aiming to leverage his following among Main Street investors.
    The hedge fund billionaire is planning to launch a closed end fund, investing in 12 to 24 large-cap, investment grade, “durable growth” companies in North America, according to a regulatory filing. There will be no minimum investment.Unlike traditional hedge funds that typically charge a 2% management fee on the total assets under management plus a performance fee of 20% of the fund’s profits, Ackman’s new fund doesn’t have a performance fee in place. Ackman is waiving the management fee for the first 12 months and after the first year will charge a flat 2% fee.

    “The Adviser believes that the Fund has the potential to be one of the largest, if not the largest, listed closed-end funds and expects that the Adviser’s brand-name profile and broad retail following will drive substantial investor interest and liquidity in the secondary market,” Ackman said in the filing.
    A spokesperson at Pershing Square declined to comment beyond the filing.
    Ackman has become one of the world’s most prominent hedge fund investors after years of market-topping returns and vocal activist campaigns. He also gained a wide following on social media platform X with 1.2 million followers, commenting on issues ranging from antisemitism to the presidential election.
    The popular investor’s hedge fund held only seven stocks at the end of 2023, including Alphabet, Chipotle Mexican Grill and Howard Hughes Corporation. It posted a 26.7% gain last year.
    Pershing Square had more than $18 billion in assets under management as of the end of January.Don’t miss these stories from CNBC PRO: More

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    Spirits sales beat out beer and wine for second straight year, despite little growth

    U.S. spirits maintained market share strength in 2023 and beat out beer and wine for the second straight year.
    Supplier sales in the U.S. barely grew in 2023 to $37.7 billion.
    Consumers continued to flock to vodka, high-end tequila and mezcal and American whiskey, while ready-to-drink cocktails are the fastest-growing category.

    Spirits on display at a bar in Cardiff, Wales, in the United Kingdom.
    Matthew Horwood | Getty Images News | Getty Images

    The spirits industry held its market share edge over beer and wine for the second straight year in 2023, even as it showed little growth, according to new data released Wednesday.
    U.S. spirits revenue grew only a modest 0.2% last year to $37.7 billion, according to the Distilled Spirits Council of the U.S.’ annual economic report. Although the industry gained little total revenue, it outpaced beer and wine sales by 0.4% and 26.1%, respectively.

    Though high inflation and interest rates have dampened consumer discretionary spending, the beverage alcohol industry has maintained strength as it emerged from the Covid-19 pandemic boom, said Chris Swonger, president and CEO of DISCUS.
    “The spirits sector showed resilience in 2023, navigating through the choppy wake of the pandemic and maintaining our market share lead of the total beverage alcohol market,” said Swonger. “The phenomenal sales growth we saw during the pandemic was unprecedented and unpredictable but also unsustainable, and now, the spirits market is recalibrating.”

    Vodka remained the top-selling spirit in 2023, while the second-highest selling category, tequila and mezcal, gained even more of a lead on American whiskey. Tequila and mezcal, blended whiskey and American whiskey are among the fastest-growing spirits categories by revenue.
    Swonger also was optimistic about the spirits industry’s strategy to push consumers to pricier bottles and labels, despite the weakness reported this quarter by premium spirits makers such as Diageo, LVMH and Constellation Brands.
    During the Covid-19 pandemic, consumers in quarantine sought out higher-quality spirits. Since peak growth in 2021, luxury spirits sales have started to dwindle.

    Diageo shares plummeted in November when the European spirits giant cut guidance on an expected slowdown in growth for the first half of its fiscal year. Premium spirits and wine weakness also hit LVMH in 2023. It was the company’s only business segment to report a year-over-year organic revenue decline, down 4%.
    Though some parts of the industry have weakened, the rapid rise of ready-to-drink cocktails has been a bright spot for investors.

    Premixed cocktails were the fastest-growing spirits category last year, rising 26.7% to $2.8 billion in revenue, DISCUS reported.
    “Despite the hard seltzer craze we witnessed from 2017 to 2021 which was malt-driven, spirits-based products have actually grown faster, just off a smaller base,” said Marten Lodewijks, head of consulting at IWSR, a drinks market analysis firm. “Spirits-based products, including the vodka- and tequila-based hard seltzers that entered the picture later, offer consumers a slightly more premium experience, and that has been key to their success.”
    More beverage companies have gotten into the market. Coca-Cola launched its ready-to-drink cocktail with Brown-Forman’s Jack Daniel’s whiskey in 2022.
    During another year of growth, American whiskey got more good news in 2023. The U.S. and European Union reached an agreement to extend a suspension of EU tariffs on the liquor to March 31, 2025.
    Correction: This story was updated to reflect that Brown-Forman owns Jack Daniel’s whiskey.Don’t miss these stories from CNBC PRO: More

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    GM to spend $19 billion through 2035 to source EV battery materials from LG Chem

    General Motors plans to spend $19 billion over roughly the next decade to source critical materials for use in electric vehicle batteries from LG Chem, the companies said Wednesday.
    The long-term supply contract will see LG Chem supply GM with more than 500,000 tons of cathode materials from 2026 through 2035.
    The contract is likely one of the largest, if not the largest, EV supply deals that GM has signed.

    The 2025 Cadillac Escalade IQ.

    DETROIT — General Motors plans to spend $19 billion over roughly the next decade through a new supplier deal to source critical materials for use in electric vehicle batteries from LG Chem, the companies said Wednesday.
    The long-term supplier contract will see LG Chem supply GM with more than 500,000 tons of cathode materials — including nickel, cobalt, manganese and aluminum — from 2026 through 2035, the South Korean supplier said in a release.

    That supply would be enough to power five million units of EVs with a range of more than 300 miles, it said.
    The cathode materials from an LG plant that’s currently under construction in Tennessee will supply GM’s joint venture battery cell plants in North America, including three joint venture plants with an LG spinoff called Ultium Cells.
    The partnership was initially announced in July 2022, but without details around price or production location. The original agreement was slated to expire after 2030, but the latest iteration extends the deal another five years.
    EV adoption has been slower than expected, and automakers such as GM have been cutting costs or delaying plans.
    LG Chem said it aims to “bolster cooperation with GM in the North American market” through the deal.

    Jeff Morrison, GM vice president of global purchasing and supply chain, said the “contract builds on GM’s commitment to create a strong, sustainable battery EV supply chain to support our fast-growing EV production needs.”
    The contract is likely one of the largest, if not the largest, EV supply deals that GM has signed.
    The deal suggests GM remains committed to EVs, but the longer contract implies the automaker is adjusting plans to account for slower adoption than previously expected.Don’t miss these stories from CNBC PRO: More

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    Fed Governor Kugler backs caution on rates; Kashkari expects only two or three cuts

    Federal Reserve Governor Adriana Kugler said Wednesday inflation is showing solid signs of slowing down, but she is not ready yet to start lowering interest rates.
    In a busy day for Fed speakers, Minneapolis Fed President Neel Kashkari also expressed caution about cutting rates too quickly and said he only expects two or three reductions this year.
    Boston Fed President Susan Collins added to the cautionary tone, saying, “I will need to see more evidence before considering adjusting the policy stance.”
    “That drumbeat you hear is the soft landing,” Richmond Fed President Thomas Barkin said, though he also added that he favors “being patient” on rates.

    Federal Reserve Governor Adriana Kugler said Wednesday inflation is showing solid signs of slowing down, but she is not ready yet to start lowering interest rates.
    In her first major policy address since being confirmed to the Board of Governors in September 2023, Kugler said three factors are converging to ease inflation pressures: moderating wage growth, changes in how often companies are raising prices and survey indicators that the pace of price increases is expected to continue to fall.

    With all that in mind, however, Kugler wants more confidence that it’s time to cut rates.
    “So I am pleased with the disinflationary progress thus far and expect it to continue. I must emphasize, however, that the [Federal Open Market Committee’s] job is not done yet,” she said in remarks for speech to the Brookings Institution in Washington, D.C.
    “At some point, the continued cooling of inflation and labor markets may make it appropriate to reduce the target range for the federal funds rate,” Kugler added. “On the other hand, if progress on disinflation stalls, it may be appropriate to hold the target range steady at its current level for longer to ensure continued progress on our dual mandate.”
    The policymaker added that she expects consumer spending to grow and core services inflation excluding housing to pull back. Additionally, she sees indications that firms which raised their prices frequently during the big inflation run-up of 2021-22 are doing so less now.
    Should inflation continue to recede toward the Fed’s 2% goal, that likely will lead to cuts later this year. However, like other Fed officials, Kugler did not commit to a timetable, despite market pricing for aggressive reductions ahead.

    “It all depends,” Kluger said on the pace of rate cuts once the Fed does move. “I don’t think we can call it out now.” She did add that “every meeting is live,” meaning the committee hasn’t ruled out moving at any point.
    As a governor, Kugler, the first Latina to hold the position in Fed history, is a permanent FOMC voter.
    “I am pleased by the progress on inflation, and optimistic it will continue, but I will be watching the economic data closely to verify the continuation of this progress,” Kugler said.
    Fed officials generally have expressed broad satisfaction with the balance of growth and inflation as the central bank seeks to steer the economy back into stable inflation without halting growth.
    “That drumbeat you hear is the soft landing,” Richmond Fed President Thomas Barkin said during an appearance with the Economics Club of Washington, D.C.
    “All of these metrics are very strong, and inflation is coming down. So I’m very supportive of being patient to get to where we need to get,” he added. “I see at this point, the trade off, which is coming into better balance, is still being in favor of continuing to work on inflation.”
    Earlier in the day, Minneapolis Fed President Neel Kashkari also expressed caution about cutting rates too quickly.

    Two or three rate cuts expected

    “Sitting here today, I would say, two or three cuts would seem to be appropriate for me right now,” Kashkari said during a CNBC “Squawk Box” interview. “But again, I don’t want to prejudge things, but that’s, that’s my gut, based on the data we have so far.”
    Markets have been pricing in an aggressive path this year for the Fed, with the first reduction happening as soon as May and five total quarter percentage point cuts happening before the end of the year, according to the CME Group’s FedWatch measure of futures pricing.
    However, multiple Fed officials have been pushing back on that narrative. Fed Chair Jerome Powell a week ago and again during a “60 Minutes” interview that aired Sunday on CBS all but completely took a March cut off the table and said he expects policymakers to move carefully as they measure the progress of inflation against broader economic growth.
    “We just need to look at the actual inflation data to guide us,” Kashkari said. “So far, the data has been resoundingly positive. I hope it continues. And then the question will simply be, at what pace do we then start to adjust rates back down?”
    He added that there are “compelling arguments to suggest we could be in a longer, higher rate environment going forward.”
    Kashkari is a nonvoting member this year on the FOMC.
    Earlier this week, he penned an essay that ran on the Minneapolis Fed site where he suggested that the real fed funds rate when adjusted for inflation may not be as high as it looks. In a series of hikes that ran from March 2022 to July 2023, the FOMC took its benchmark overnight borrowing rate from near zero to a target range between 5.25%-5.5%, the highest in 23 years.
    However, economic data has held solid during that time. Kashkari said the trend indicates that interest rates may not be exerting as much pressure on the economy as expected. Labor market growth has stayed strong as consumers continue to spend.
    “That’s all really good news, and that tells me maybe monetary policy is not putting as much downward pressure on demand as we would otherwise think,” he said. “That gives us more time to access that data before we start reducing interest rates. So I think this is a good problem to have.”
    Also Wednesday, Boston Fed President Susan Collins added to the cautionary tone, saying that recent signs of strength in consumption and employment show that it could take a while until the economy settles into a 2% inflation pace.
    “While heartened by the progress to date, I will need to see more evidence before considering adjusting the policy stance,” Collins said remarks for a speech to the Boston Economic Club. “As we gain more confidence in the economy achieving the Committee’s goals, and consistent with the last set of projections from FOMC participants, I believe it will likely become appropriate to begin easing policy restraint later this year.”
    However, Collins did not put a timetable on when it might be appropriate to cut rates. Moreover, she noted that the path to get back to the Fed’s inflation goal could get “bumpy” and emphasized the importance of a policy determined to defeat inflation.
    There are multiple Fed speakers during the day. This story will be updated to reflect other developments. More

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    China’s stockmarket nightmare is nowhere near over

    Running China’s securities watchdog is a perilous job. A market rout can end your career, or worse. On February 7th, after weeks of stockmarket instability, Yi Huiman, the head of the China Securities Regulatory Commission (CSRC), was suddenly fired and replaced. He is not the first official to fall after a period of plummeting stock prices. Liu Shiyu, his predecessor, was sacked in 2019, and later investigated for corruption. Xiao Gang, the boss before that, was treated as a scapegoat for the market crash in 2015.Before his dismissal, Mr Yi would have been aware that he was on dangerous ground. Already this year, more than $1trn in market value has been wiped from exchanges in China and Hong Kong. On February 5th the Shanghai Composite plummeted to a five-year low. All told, the index is down by more than a fifth since early 2022. And as miserable as the performance of Chinese stocks has been for most of their three-decade history, the present downturn feels different.That is because China’s economic prospects are gloomier than at any point in recent history. The dire state of the property market is the chief problem. Prices and sales have fallen for more than a year; officials have failed to stop the correction. During the stock rout in 2015 retail investors had a slogan: “Sell your stocks and buy real estate”. No one is chanting it now. Worse still, government rescue plans do not look up to the task.For many citizens, it feels as if China never truly emerged from its dismal zero-covid years. An economic recovery that was expected to play out in 2023 faltered during the first half of the year. Pessimism has clouded the market ever since. Goldman Sachs, a bank, recently asked a dozen local clients—asset managers, insurers and private-equity types—to rate their bearishness towards China on a scale of zero to ten, with zero being equal to their outlook during the lockdowns of 2022. Half gave the country a score of zero; the other half said three.image: The EconomistThe situation ought to worry Xi Jinping, the country’s leader, for several reasons. One is that more than 200m Chinese people own stocks, and officials risk taking the blame for the downturn. Few things enrage Chinese social-media warriors more than a stockmarket rout. One recent post suggested that food deliveries to the Shanghai Stock Exchange were being searched for dangerous materials, such as bombs or poison. Many have piled onto the American embassy’s social-media account to gripe. And a flurry of angry posts have been directed at Hu Xijin, a nationalist media personality who often tries to whip up support for Chinese shares. He said last year that he would jump off a building if he lost too much money on stocks—not because of the loss itself, but because of embarrassment. As the Shanghai Composite hit its five-year low on February 5th, some recommended that he keep his word.Another reason for Mr Xi to worry is that markets reflect the perception of China and his leadership abroad. Until relatively recently global investors were in love with Chinese stocks. Their inclusion in MSCI’s flagship emerging-markets index in 2018 was welcomed by asset managers, and hailed as a step forward in attempts to make Chinese stockmarkets more international. Needless to say, the excitement has faded. Zero-covid policies hurt China’s reputation. Mr Xi’s support for Vladimir Putin despite his invasion of Ukraine has done further damage. But nothing, most investors agree, has harmed Mr Xi more than allowing the property downturn to drag on for years.Although Chinese authorities still hope to attract investment, foreign investors are fleeing. They have been net sellers for months, dumping $2bn-worth of shares in January alone. The sell-off has been so severe that some experienced foreign investors are shutting down. Asia Genesis, a hedge fund in Singapore, announced in January that it would close its doors following the unexpected price drops.Most foreign investors hold little hope for a recovery any time soon. One investment manager at a foreign bank in Shanghai suggests that the stockmarket may stabilise in the coming weeks. Indeed, on February 6th the CSI 300, a big index, finished the day up by more than 3%, its best performance in more than a year. Yet the low level of confidence will remain until leaders put forward a sufficiently ambitious plan to fix the property market. That might take years, the manager notes.Money talksRegulators have put out a series of statements about market stabilisation since late January. Most recently, on February 6th Central Huijin, the domestic arm of China’s sovereign wealth fund, indicated that it would start buying shares to help stabilise the market. On February 4th the CSRC said that it would prevent abnormal movements in trading, while cracking down on “malicious” short-selling. Such announcements have made fund managers uneasy. Foreign investors need to use hedging tools, like short-selling, to operate normally. Talk of a crackdown has therefore caused them to withdraw from Chinese markets in case they can no longer hedge positions. Some are also pulling back owing to fear that their staff could be detained and accused of financial crimes.image: The EconomistBoth foreign and domestic investors are awaiting a state bail-out fund, about which there have been hints but nothing more. On January 23rd Bloomberg, a news service, reported that a stabilisation fund armed with some 2trn yuan ($280bn, or about 3% of China’s stockmarket capitalisation) could start buying up shares. The “national team”, a handful of state-owned asset managers, which includes Central Huijin, often steps in during downturns. In 2015 it hoovered up about 6% of the entire market capitalisation through purchases of individual stocks. More recently, these investment firms have bought exchange-traded funds to avoid claims of insider-trading when the names of their targets leak. Although investors have seen signs of the national team at work in recent weeks, so far they have probably bought less than 100bn yuan-worth of shares—far below the amount required to produce a serious turnaround in the markets.The central government may eventually step in with a bigger bail-out package, perhaps after the Chinese New Year holiday, which will shut markets for a week starting on February 12th. But Mr Xi is also eyeing sweeping reforms to how China’s stockmarkets work and how investors value the companies that trade on them.One part of the plan is to shift China’s markets from a focus on capital-raising to one on helping investors preserve their wealth. The distinction often perplexes foreign market-watchers. Shouldn’t stockmarkets serve both capital-hungry companies and regular investors? In theory, yes. But in China markets are different, since they often serve state objectives, too. In recent years, for instance, one of Mr Xi’s main aims has been to open capital markets to industries such as artificial intelligence, green technology, robotics and semiconductors, as part of a push to compete with America and dominate a number of advanced-tech industries.The government also wanted companies in these sectors to list within China rather than foreign exchanges, which led to the largest wave of initial public offerings (IPOs) and follow-on issuance in Chinese history, turning the country into the world’s biggest IPO market for several years. Chinese firms raised more capital on local stock exchanges between 2020 and 2023 than they did in the entire decade beforehand.image: The EconomistThis helped meet Mr Xi’s aims. But it also drained liquidity from secondary markets, where investor value is stored. Firms often went public at high valuations only to see their share prices fall. Now regulators want to shift towards a more “investor-oriented” market that protects average investors. That means fewer IPOs and more liquidity directed to secondary trading.History repeatsChina’s markets have moved through such a cycle before. In 2012 regulators halted all IPOs in the hope that excess liquidity would support share prices. As a consequence no company went public in 2013, even as hundreds joined a queue to do so in the hope of raising funds. IPOs resumed in 2014. The following year the stockmarket launched into a historic rally that ended in a dramatic crash. The experience hurt the standing of both China’s capital markets and its regulators. As officials try once again to make markets more friendly to investors, capital allocators will be supremely conscious of this experience.Another part of the Chinese government’s long-term plan is to raise the market value of state-owned enterprises (SOEs). Although such companies already dominate China’s markets, they are valued at just half the amount of similar non-state companies. This is because SOEs are viewed by investors as clunky operators that are more loyal to party apparatchiks than to shareholders. Policymakers have therefore proposed creating a “valuation system with Chinese characteristics” in order to boost their share prices.Such a system would aim to educate investors on the broader social roles, such as reducing unemployment during downturns, that state enterprises play. But it would also involve reforms within SOEs themselves. State managers have historically cared little about investor relations, and have not used return on equity as an internal metric for judging performance. This would change. Meanwhile, regulators want the firms to pay out regular dividends and conduct share buybacks that reward investors. If the reforms are successful they would not only increase prices on China’s stock exchanges, they would boost the wealth of the state through its holdings in these companies.These changes would have been easier to make when China’s stockmarket was smaller and the country’s economy was still growing rapidly. Most of the reforms require investors to accept the state’s dominant position in the market, whether in directing capital flows or in making SOEs more palatable. Investors now have decades of experience in trading Chinese shares. They remember the initial attempts to list and market SOEs, as well as the desire to guide capital into certain parts of the market, and they have witnessed the results. Ultimately, Chinese investors may have little choice but to return to the country’s stockmarkets. Foreign investors, however, have other options. ■ More

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    NYCB shares jump after bank names new chairman following credit rating downgrade

    New York Community Bank’s shares continued their downward spiral Wednesday after Moody’s Investors Service cut the firm’s credit rating two notches to junk status.
    The regional bank has been in freefall since reporting a surprise loss last week, along with mounting losses on commercial real estate and the need to slash its dividend by 71% to shore up capital levels.

    A man walks past a closed branch of the New York Community Bank in New York City, U.S., January 31, 2024. 
    Mike Segar | Reuters

    New York Community Bank’s shares jumped early Wednesday after it promoted its chairman to help stabilize the company’s operations.
    NYCB shares rose 8%, reversing earlier losses of about 10%, in premarket trading. That followed a punishing series of trading sessions that cut almost 60% of the bank’s market value.

    The bank made Alessandro DiNello executive chairman effective immediately, promoting him from nonexecutive chairman, to work with CEO Thomas Cangemi “to improve all aspects of the Bank’s operations,” according to a statement released at 7:45 am.
    The regional bank has been in freefall since reporting a surprise loss last week, along with mounting losses on commercial real estate and the need to slash its dividend by 71% to shore up capital levels. The moves reignited concerns that some small and medium sized banks could be squeezed by declines in profitability and losses on real estate holdings.
    Late Tuesday evening, Moody’s issued a report stating that NYCB faced “multi-faceted financial, risk-management and governance challenges.” It downgraded all the bank’s long term ratings to Ba2 from Baa3, partly on concerns about turnover of the firm’s risk management leaders, and warned the assessments remain on review for further downgrade.
    “The downgrade reflects Moody’s views that NYCB faces high governance risks from its transition with regards to the leadership of its second and third lines of defense, the risk and audit functions of the bank, at a pivotal time,” Moody’s wrote. “In Moody’s view, control functions with strong knowledge of a bank’s risks are key to a bank’s credit strength.”
    Overnight, NYCB issued a statement hours after the Moody’s report, stating that the downgrade isn’t expected to have a “material impact on our contractual arrangements.”

    The bank sought to boost confidence by issuing unaudited financial information as of Monday, stating that 72% of total deposits were either insured or collateralized, and that it had amply liquidity to cover uninsured deposits.
    “We took decisive actions to fortify our balance sheet and strengthen our risk management processes during the fourth quarter,” Cangemi said in the release. “Our actions are an investment in enhancing a risk management framework commensurate with the size and complexity of our bank.”
    NYCB has begun searching for a new chief risk officer and chief audit executive “with large bank experience,” Cangemi added. Managers holding those roles left the bank in the months before its disastrous earnings report last week, Bloomberg reported.
    This story is developing. Please check back for updates. More

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    Public utilities fall short on wildfire mitigation, putting residents and shareholders at risk

    Five years and 2,500 miles apart, fires devastated thriving communities — and major U.S. utility companies stood at the center of the infernos.
    It’s a story increasingly familiar in the energy industry: Some utility companies don’t properly assess the risks wildfires pose to their operations. A failure to mitigate these risks can have disastrous consequences for both fire victims and utility investors.

    Through interviews with experts and a review of public records, CNBC found evidence of safety shortcomings in the utility sector and a lack of state oversight.
    Those factors are part of what exacerbated wildfires in Paradise, California, in 2018.
    Michelle Glogovac lost her childhood home, though her parents were able to escape safely.
    “It’s completely devastating to see what Paradise looks like now,” Glogovac said. “We were up there a year ago and literally drove past almost the street that I grew up on because there are no landmarks to recognize. The trees are all gone.”

    Michelle Glogovac lost her childhood home in the Paradise, California, wildfires of 2018.

    The Paradise blaze burned for two weeks, displaced tens of thousands of residents and closed schools and offices as far away as the Bay Area, more than 150 miles south.

    Utility giant PG&E later pleaded guilty to 84 counts of involuntary manslaughter and one count of unlawfully starting a fire in relation to the Paradise fire.
    The company in 2019 settled a $13.5 billion lawsuit alleging its infrastructure caused several deadly wildfires. It ultimately filed for bankruptcy, emerging in June 2020.
    Glogovac’s parents were fortunate that they had fire insurance on their home and were able to rebuild. But many PG&E fire victims are still waiting for relief. PG&E established a Fire Victim Trust after bankruptcy to compensate victims. To date, the trust has disbursed $11.11 billion to fire victims, but victims have received less than 60% of their total claims and are still waiting on payouts.
    PG&E declined an interview for this story but said in a statement that since 2017 it has reduced wildfire risk from its equipment by 94% through measures such as burying power lines, vegetation management and, as a last resort, power shut-offs.  

    Mitigating wildfire risk 

    The experts CNBC spoke with said wildfire mitigation efforts can include a power shut-off plan — a predetermined course of action outlining when and how utility companies will intentionally cut off electricity to specific areas. The primary purpose is to prevent power lines from igniting a wildfire during periods of high fire danger. Such a fire could be triggered by factors such as strong winds, low humidity and dry vegetation.
    In addition to power shut-off plans, utility companies can enhance wildfire mitigation efforts through measures such as burying power lines underground, clearing vegetation around their infrastructure to reduce fire ignition risks, and conducting regular inspections and replacements of aging infrastructure.
    Those or similar efforts could have helped quell fires in Lahaina, Hawaii, last year, according to wildfire experts interviewed by CNBC. The flames were the most destructive and deadly human-made disaster in Hawaii history. By the afternoon of Aug. 8, intense winds had knocked down approximately 30 utility poles throughout Maui. The fires burned over 3,000 acres and caused an estimated $5.5 billion in damage, according to Maui County.
    Laurie Allen, a Lahaina resident, ran through a burning field to escape the fire. She had found evacuation roads blocked by flames and a fallen tree, so she escaped by foot, according to an account from her nephew, Brent Jones. Allen spent 53 days in the hospital with 70% of her body burned before she died, becoming the 98th victim of the fire.
    “There were a lot of days that were really very difficult,” Jones told CNBC. “She was in extreme amounts of pain.”

    Brent Jones recounts the story of his aunt, Laurie Allen, who ran through a burning field to escape wildfires in Lahaina, Hawaii, in 2023. Allen later died.

    The cause of the Hawaii wildfire has yet to be determined by local, state, and federal officials, but Maui County says utility company Hawaiian Electric is responsible. The county filed a lawsuit, alleging the utility “knew that their electrical infrastructure was inadequate, aging, and/or vulnerable to foreseeable and known weather conditions” and had a “responsibility to maintain and continuously upkeep” that infrastructure.
    The lawsuit also alleges the company “inexcusably kept their power lines energized during the forecasted high-fire danger conditions.” Hawaiian Electric has said that the fire that began at 6:30 a.m. Aug. 8 “appears to have been caused by power lines that fell in high winds.” However, it says, this first fire was contained and a second, afternoon fire — the cause of which is unknown — is what devastated Lahaina.
    Hawaiian Electric’s 2023 wildfire mitigation plan did not include a predetermined strategy for power shut-offs. That was partly in light of word from California, which does implement that mitigation strategy, that the shut-offs upset customers, according to Michael Wara, director of the Climate and Energy Policy Program at Stanford University and an expert in wildfire mitigation plans.
    Hawaiian Electric’s plans said that PG&E’s practice of shutting off the power preemptively was “not well-received by certain customers affected by the preemptive outages.” And when Hawaiian Electric CEO Shelee Kimura testified before Congress in September, she said the company decided that shutting down power as a predetermined precaution during high-risk conditions was not an “appropriate fit.”

    Hawaiian Electric restores electric poles in the aftermath of the Maui wildfires, in Lahaina, Hawaii, Aug. 16, 2023.
    Yuki Iwamura | AFP | Getty Images

    Hawaiian Electric declined an interview with CNBC for this story, but in response to the lawsuit said that the company’s power lines to Lahaina had been de-energized in cooperation with state utility commissions for more than six hours when the afternoon fire that spread to Lahaina broke out.
    The company further said in a statement to CNBC that it is evaluating whether to implement a public safety power shut-off program as a “tool of last resort,” pointing out that shutting off the power for a community can present its challenges in emergency situations, such as traffic signal outages or reduced digital access to emergency updates.

    Protecting profits

    The failure to assess and mitigate wildfire risk across the utility industry boils down to protecting profits, according to David Pomerantz, executive director of the Energy and Policy Institute — a watchdog of utility companies that is funded by philanthropic foundations that support climate actions, environmental conservation and environmental justice.
    Utility companies make money by building new infrastructure, such as putting power lines underground, for example, and baking that cost into customers’ bills over time, pursuant to regulations, Pomerantz said.

    David Pomerantz is the executive director of the Energy and Policy Institute, a utility company watchdog.

    Trimming back trees or getting rid of dry, dangerous grasses near power lines doesn’t make money for the companies or their shareholders, and utilities might be less motivated to spend on such expenses as a result, Pomerantz said.
    In a statement to CNBC, Hawaiian Electric said that from 2018 to 2022 it spent $950 million on grid improvement and a separate $110 million on vegetation management efforts.
    In November, PG&E got approval to bury 1,230 miles of power lines underground between 2023 and 2026 as a way of reducing ignitions due to severe weather and downed wires. In an interview on CNBC in December, PG&E CEO Patti Poppe called the project the “ultimate” way to minimize risk.
    It’s also a massive capital investment for the utility, costing about $3 million per mile, according to a PG&E press release. PG&E estimates the plan will increase customers’ monthly bills by approximately 12.8% in 2024 and 1.8% in 2025, and then lower their bills by 2.8% in 2026. 
    But utilities are protecting profits in another way, according to Pomerantz: leaning on regulators that could ultimately help maintain favorable policies. In many states, utilities are the largest donor to politicians, he said. 
    “They are able to take all this money from ratepayers and use it to fund these incredibly powerful political machines,” he said.

    A burned neighborhood in Paradise, California, Nov. 15, 2018.
    JOSH EDELSON | AFP | Getty Images

    There are no federal or state laws that prohibit a utility company from making political contributions. CNBC looked at hundreds of legal political contributions made by public utilities and their CEOs since 2016 and found millions of dollars in donations to candidates, parties and political action committees.
    In one instance, NV Energy, the big Nevada utility and a subsidiary of Warren Buffett’s Berkshire Hathaway Energy, contributed over $63 million to defeat a ballot measure that would prevent the utility company from having a monopoly over the state. 
    The failed ballot measure would have added Nevada to a list of states that have deregulated their energy markets at least partially, allowing customers to choose their energy provider. Instead, residents must get their energy from the utility that serves the area where they reside. 
    The monopolistic nature of the industry dates back to the 19th century, when state governments decided to have only one set of poles and wires to deliver energy, according to Stanford’s Wara.

    CNBC’s Brian Sullivan, left, interviews Michael Wara, the director of the Climate and Energy Policy Program at Stanford University and an expert in wildfire mitigation plans.

    The lack of competition, he said, has made utilities less nimble in responding to challenges and risks.
    It also means that if customers such as Glogovac, whose childhood home in Paradise, California, went up in flames, are dissatisfied with their utility, they are left with no other options.
    “We don’t have a choice. It’s PG&E or nothing here,” Glogovac said.

    Lack of state oversight

    Utility companies are regulated by state public utility commissions. These commissions are state regulatory bodies that enforce rules, oversee rates and make key energy decisions. 
    To understand how many utility-caused wildfires have occurred in the last 10 years, CNBC reached out to public utility commissions for relevant data in 10 states that wildfire trackers have identified as particularly prone to ignite — Arizona, California, Colorado, Hawaii, Montana, Nevada, New Mexico, Oregon, Utah and Washington. 
    CNBC requested information on the number of wildfires since 2013, the location of the fires, the total acreage affected, any deaths or injuries that occurred as a result, and the estimated cost of the damage. 
    Only one state of the 10 CNBC reviewed — California — publishes this wildfire data annually on a government-run website.

    A PG&E utility worker locates a gas main line in the rubble of a home burned down by wildfire in Paradise, California, Nov. 13, 2018.
    David Paul Morris/Bloomberg via Getty Images

    Public utility commissions for Arizona, New Mexico and Washington told CNBC they do not track utility-caused wildfire data and recommended asking other state departments or the utility companies directly.
    Other states, such as Nevada and Utah, have some of the requested data scattered in utility companies’ wildfire mitigation plans or incident reports, but do not track and publish the data in one compiled location that members of the public can easily access. 
    The Energy and Policy Institute’s Pomerantz said he finds the lack of oversight by public utility commissions to be troubling.
    “These public utility commissions are really the first and only line of defense that we have to make sure that electric utilities are keeping us safe, that their infrastructure isn’t causing these terrible fires,” he said. “The fact that they’re not even keeping track of that problem in many cases — that should be really concerning and a sign that they have a long way to go.”
    CNBC also reached out to state fire marshals, forestry departments and natural resources departments for wildfire incident data. Several of those agencies track statewide wildfire information, but most did not keep track of the names of utility companies associated with wildfire incidents.
    Fires were indicated as “powerline-caused” or “equipment failures” but did not include more detail on whether the cause was a company’s faulty infrastructure or an external factor, such as a bird flying into a power line.

    Paying out to victims

    In instances where a utility company’s role in a wildfire is clear, or even suspected, publicly traded companies can find themselves the subject of complex litigation.
    Hawaiian Electric, in addition to the lawsuit brought by Maui County for the August fires, faces a separate lawsuit, brought by investors, which claims the company made “misleading statements” about its wildfire prevention and safety protocols, calling them “inadequate.” As a result, the investors said they have “suffered significant losses and damages.”

    Burned buildings and cars in Lahaina, Hawaii, seen Oct. 7, 2023, nearly two months after a wildfire swept through the historic town.
    Mario Tama | Getty Images

    After the 2021 Marshall Fire in Colorado, Xcel Energy faces a pending lawsuit alleging it “failed to take any measures to reduce the risk of a fire igniting from its equipment.” The fire destroyed more homes than any wildfire in Colorado state history, according to the National Oceanic and Atmospheric Administration, which provides data and information on climate science, adaptation and mitigation. 
    And following wildfires in Oregon in 2020, Pacificorp in December reached a $299 million settlement agreement with wildfire victims, on top of $87 million the company owed a separate group of property owners. 
    Among the largest settlements CNBC found: San Diego Gas and Electric paid out $2.4 billion to resolve allegations it caused a series of 2007 wildfires that killed 10 people and destroyed more than 1,500 homes.
    Victims funds and settlement payouts, while a potential lifeline for those affected, can come with strings attached.
    In November, Hawaii Gov. Josh Green announced a $150 million recovery fund for victims who lost family members or were injured in the Lahaina wildfire. Those affected can receive money as soon as this year, but to receive the money, victims must waive their right to sue the parties paying into the fund for wrongful death or severe personal injury.
    That includes the state of Hawaii, Maui County and Hawaiian Electric, which has vowed to contribute $75 million toward the fund. More

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    CVS beats estimates, but cuts full-year profit outlook on higher medical costs

    CVS Health reported fourth-quarter revenue and adjusted earnings that topped expectations on strength in its health services business.
    But the company cut its full-year profit outlook, citing higher medical costs that are dogging the broader insurance industry.
    CVS will hold an earnings call with investors at 8:00 a.m. ET on Wednesday.

    CVS Health on Wednesday reported fourth-quarter revenue and adjusted earnings that topped expectations, but the company cut its full-year profit outlook, citing higher medical costs that are dogging the broader insurance industry.
    The company lowered its 2024 adjusted earnings forecast to at least $8.30 per share, down from a previous guidance of at least $8.50 per share. Analysts surveyed by LSEG were expecting full-year adjusted earnings of $8.49 per share. 

    CVS also cut its unadjusted earnings guidance to $7.06 per share, down from at least $7.26 per share. 
    The company said its new guidance follows a review of its medical cost trend analysis for the fourth quarter and a recognition of the “potential implications” for elevated medical cost trends in 2024. CVS owns health insurer Aetna. 
    Insurers such as Humana have been seeing medical costs spike as an increasing number of older adults return to hospitals to undergo procedures they had delayed during the pandemic, such as joint and hip replacements. 
    Here’s what CVS reported for the fourth quarter compared with what Wall Street was expecting, based on a survey of analysts by LSEG, formerly known as Refinitiv:

    Earnings per share: $2.12 adjusted vs. $1.99 expected
    Revenue: $93.81 billion vs. $90.41 billion expected

    Shares of CVS rose almost 2% in premarket trading Wednesday.

    CVS booked sales of $93.81 billion for the quarter, up almost 12% from the same period a year ago. That increase was mainly driven by strength in its health services business.
    While CVS beat earnings expectations, its profit shrank from the prior year. 
    The company reported net income of $2.05 billion, or $1.58 per share, for the fourth quarter. That compares with a net income of $2.33 billion, or $1.77 per share, for the same period a year ago. 
    Excluding certain items, such as amortization of intangible assets and capital losses, adjusted earnings per share were $2.12 for the quarter.
    The fourth-quarter results come two months after CVS said it will revamp how it prices prescription drugs and scrap a complex model that typically sets how much pharmacies get reimbursed and what patients pay for those medications. The company plans to launch a new model, called CostVantage, for how payors will reimburse its pharmacies. That model will first apply to commercial payors starting in 2025.
    The results also come as CVS pushes to transform from a major drugstore chain into a large health-care company. The company deepened that push over the last year with its nearly $8 billion acquisition of health-care provider Signify Health and a $10.6 billion deal to buy Oak Street Health, which operates primary-care clinics for seniors.
    CVS will hold an earnings call with investors at 8:00 a.m. ET on Wednesday.

    Strength in health services business

    The company’s health services segment generated $49.15 billion in revenue for the quarter, a 12.3% increase compared with the same quarter in 2022. 
    The division includes CVS Caremark, which negotiates drug discounts with manufacturers on behalf of insurance plans, as well as health-care services delivered in medical clinics, through telehealth and at home.
    Those sales blew past analysts’ estimate of $46.35 billion in revenue for the period, according to StreetAccount. 
    CVS said the increase was driven in part by growth in specialty pharmacy services, which help patients who are suffering from complex disorders and require specialized therapies. The company added that brand inflation and its recent acquisitions also boosted the segment results. 
    The health services division processed 600.8 million pharmacy claims during the quarter, which is flat from the year-ago period. 

    Other divisions show growth

    CVS’s health insurance segment generated $26.73 billion during the quarter, a roughly 16% increase from the fourth quarter of 2022. The division includes plans by Aetna for the Affordable Care Act, Medicare Advantage and Medicaid, as well as dental and vision.
    Sales fell short of analysts’ estimate of $27.09 billion for the quarter, according to StreetAccount. 
    The insurance segment’s medical benefit ratio — a measure of total medical expenses paid relative to premiums collected — increased to 88.5% from 85.8% a year earlier. A lower ratio typically indicates that the company collected more in premiums than it paid out in benefits, resulting in higher profitability.
    Analysts had expected that ratio to be 88.1%, according to StreetAccount estimates. 
    CVS said the increase was mainly driven by increased utilization in Medicare Advantage, including outpatient and supplemental care benefits. Commercial and Medicaid use also returned to normalized levels, the company added. 

    A CVS inside a Target store in Miami Beach, Florida.
    Jeff Greenberg | Universal Images Group | Getty Images

    The company’s pharmacy and consumer wellness division booked $31.19 billion in sales for the quarter, up 8.6% from the year-ago period. That segment dispenses prescriptions in CVS’s more than 9,000 brick-and-mortar retail pharmacies and provides other pharmacy services, such as diagnostic testing and vaccination. 
    Analysts had expected the division to bring in $30.15 billion in sales, according to StreetAccount.
    CVS said the increase was driven by heightened prescription volume, brand inflation and increased contributions from vaccinations, among others factors.
    The division filled 431.5 million prescriptions during the quarter, up slightly from 423.4 million for the year-earlier period. 
    Same-store sales for CVS grew 11.3% during the three-month period compared with the same time a year earlier, but not equally across the store. Same-store sales jumped 15.5% in the pharmacy division, but were down by 3.1% in the front of the store. More