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    Disney beats earnings estimates, hikes guidance as it slashes streaming losses

    Disney beat quarterly earnings estimates and raised its guidance as it saw progress in its effort to cut costs.
    The company slashed its streaming business losses.
    The results come as the company faces pressure from activist investor Nelson Peltz and Blackwells Capital.

    LOS ANGELES — The Walt Disney Company reported better-than-expected fiscal first-quarter earnings on Wednesday as the media giant slashed costs while revenue stagnated. 
    Disney said it is on pace to meet or exceed its goal of cutting costs by at least $7.5 billion by the end of fiscal 2024. The company said it expects fiscal 2024 earnings per share of about $4.60, which would be at least 20% higher than 2023. 

    Disney also announced it will take a $1.5 billion stake in Fortnite studio Epic Games and launch its flagship ESPN streaming service in fall 2025. The string of announcements, and progress in its cost-cutting initiatives, comes as the company faces pressure to improve its results from activist investor Nelson Peltz.
    Shares rose about 7% in extended trading.
    Here is what Disney reported compared with what Wall Street expected, according to LSEG, formerly known as Refinitiv:

    Earnings per share: $1.22 adjusted vs. 99 cents expected
    Revenue: $23.55 billion vs. $23.64 billion expected

    For the quarter, net income attributable to the company rose to $1.91 billion, or $1.04 per share, up from $1.28 billion, or 70 cents per share, in the prior-year period.
    Revenue was about flat at $23.55 billion, compared with $23.51 billion in the year-ago quarter.

    Disney’s direct-to-consumer unit reported a $138 million operating loss in the quarter. Including the performance at ESPN+, losses for all its streaming businesses narrowed to $216 million, from $1.05 billion in the prior-year period.

    The Walt Disney Company Chairman and CEO Bob Iger
    Getty Images

    Disney+ core subscribers shrank by 1.3 million from the prior quarter due to price increases, but the company saw a rise in average revenue per user because of those subscription cost hikes.
    The company posted the improvements to its streaming business a day after it announced Tuesday that it will launch a new sports streaming venture among ESPN, Fox and Warner Bros. Discovery later this year. 
    While no price has been determined, a logical starting point could be $45 or $50 per month with introductory pricing lower to entice signups, according to a person familiar with the matter, who asked not to be named because the discussions around the service have been private.
    Disney’s earning results come as its board battles again with Peltz and Blackwells Capital.
    While Peltz ended a previous proxy battle against Disney a year ago after the company committed to numerous cost-cutting initiatives, he revived his fight last fall, looking to shake up the board and earn himself and former Disney Chief Financial Officer Jay Rasulo a seat.
    Peltz has cited the company’s stock plunge, a drop in consensus earnings estimates and disappointing studio content as he has pushed for a board shake-up.
    “I have not spoken to Mr. Peltz in a while,” Disney CEO Bob Iger said in an interview with CNBC’s Julia Boorstin prior to the company’s earnings call. “I have no plans to speak to him. I will leave it at that.”
    Iger has publicly addressed Disney’s theatrical release woes and vowed to rely less on sequels and more on fresh, quality films. Of course, production timelines are often in the ballpark of 18 months, so Disney’s box office haul likely will not change until 2025 or 2026. At that point, Disney is slated to release four mega blockbusters: an Avatar film, two Star Wars features and an Avengers team-up flick.
    Also of note to investors is this is the second quarter that Disney is using its new financial reporting structure, which segmented the company into three divisions: entertainment, sports and experiences. Entertainment contains all of Disney’s streaming and media operations, sports includes ESPN and experiences includes the company’s theme parks, hotels, cruise line and merchandising efforts.
    In the entertainment sector, revenues fell 7% to $9.98 billion, as linear networks and content sales and licensing fees continued to slump. The direct-to-consumer business, however, saw a 15% jump to $5.55 billion.
    At ESPN, revenues rose 4% to $4.84 billion, as the company saw a decrease in programming and production costs and growth in ESPN+ subscription revenue and subscribers.
    Disney’s experiences division saw a 7% bump in revenue to $9.13 billion even as the company reported lower attendance at its domestic theme parks in Florida. Its two California-based parks saw comparable growth to the prior quarter as guests spent more while in the parks. Additionally, higher ticket prices and more passenger cruise days buoyed growth at Disney’s Cruise Line. More

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    Warner Music to cut 600 jobs, or 10% of staff

    Warner Music announced 600 layoffs in a plan to restructure the company and cut costs.
    The company expects the layoffs to save about $200 million in costs.

    The Warner Music Group logo is displayed on a smartphone.
    Sopa Images | Lightrocket | Getty Images

    Warner Music is laying off 600 employees, or about 10% of its workforce, according to a Wednesday filing.
    The company said the layoffs are part of a broader restructuring plan aimed at saving costs to invest in more music and “accelerate the company’s growth for the next decade.” The layoffs are expected to save the company $200 million by the end of fiscal 2025.

    The majority of the savings will be allocated toward increasing investment in Warner Music’s core music units and new technologies.
    According to the filing, the job cuts will be concentrated in teams such as the in-house ad sales business and other “various support functions.” The company expects to complete its $85 million in severance payments by the end of 2026.Don’t miss these stories from CNBC PRO: More

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    Disney to take $1.5 billion stake in Epic Games, work with Fortnite maker on new content

    Disney is investing $1.5 billion for an equity stake in Epic Games in its biggest jump yet into the gaming world.
    The media giant will work with the Fortnite gaming studio on new games and an entertainment universe.
    Disney has previously collaborated with Epic to bring characters from Marvel, Star Wars, “The Nightmare Before Christmas,” “Tron” and more to Fortnite.

    Rafael Henrique | Lightrocket | Getty Images

    Disney is investing $1.5 billion for a stake in Epic Games, CEO Bob Iger said Wednesday, in its biggest bet yet on the gaming space.
    The media giant will work with the Fortnite studio to create new games and an entertainment universe where consumers can “play, watch, shop and engage with content, characters and stories from Disney, Pixar, Marvel, Star Wars, Avatar and more,” Disney said in a press release.

    Disney did not say what the valuation of Epic, a private company, would be after the media company’s funding.

    In an interview with CNBC’s Julia Boorstin, Iger called the investment “probably our biggest foray into the game space ever.”
    “Which I think is not only timely, but an important step when you look at the demographic trends and where Gen Alpha and Gen Z and even millennials are spending their time and media,” he said.
    The partnership comes after Disney had success licensing figures such as Spider-Man for blockbuster video games, and collaborated with Epic to bring characters from Marvel, Star Wars, “The Nightmare Before Christmas,” “Tron” and more to Fortnite.
    The deal also extends a string of major partnerships for Epic.

    Fortnite has recently collaborated with Lego for a survival crafting game within the gaming platform similar to Minecraft. It also launched Fortnite Festival, a rhythm game from Harmonix, which created the game Rock Band.
    “Disney was one of the first companies to believe in the potential of bringing their worlds together with ours in Fortnite, and they use Unreal Engine across their portfolio,” said Epic Games founder and CEO Tim Sweeney in a statement. “Now we’re collaborating on something entirely new to build a persistent, open and interoperable ecosystem that will bring together the Disney and Fortnite communities.”
    Aside from Fortnite, Epic Games is well-known for challenging Apple and Google in court to force them to lower their app store fees. Sweeney was personally involved in both challenges, from the planning stages to testifying in court.
    He won a victory against Google, although that decision is expected to be appealed, and mostly lost against Apple.
    — CNBC’s Kif Leswing contributed to this report.Don’t miss these stories from CNBC PRO: More

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    Disney is releasing a ‘Moana’ sequel in theaters this Thanksgiving

    Disney is releasing an animated sequel to “Moana” this Thanksgiving.
    The news comes just a day after Nielsen’s year-end rankings were made public, naming “Moana” as the top-streamed film aimed at kids and families with 11.6 billion minutes of viewing in 2023.
    The new addition on the slate comes amid a time of turmoil at Disney’s animation studios.

    Still from Disney Animation’s “Moana.”

    How far will Disney go? Back to ancient Polynesia, it seems.
    On Wednesday, Disney CEO Bob Iger revealed that the untitled Disney Animation film slated for Thanksgiving is a sequel to the beloved 2016 film “Moana.”

    The news comes just a day after Nielsen’s year-end rankings named “Moana” as the top-streamed film aimed at kids and families in 2023, with 11.6 billion minutes of viewing.
    “This was originally developed as a series, but we were impressed with what we saw and we knew it deserved a theatrical release,” Iger said during the company’s earnings call.
    Disney’s animation studios — Walt Disney Animation and Pixar — have struggled at the box office in the wake of the Covid-19 pandemic. That stemmed in part from the company’s decision to pad its fledgling streaming service Disney+ with content, stretching its creative teams thin and sending theatrical movies during the pandemic straight to digital.
    The decision trained parents to seek out new Disney titles on streaming, not theaters, even when Disney opted to return its films to the big screen. Compounding Disney’s woes was a general sense from audiences that the company’s content had grown overly existential and too concerned with social issues beyond the reach of children.
    As a result, no Disney animated feature from Pixar or Walt Disney Animation has generated more than $480 million at the global box office since 2019.

    A sequel to “Moana” will arrive about six months after the theatrical release of “Inside Out 2,” a sequel to the hit 2015 animated film about what really goes on inside a person’s head.Don’t miss these stories from CNBC PRO: More

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    New sports streaming bundle could be a ‘monster’ — or a dud. Here are the biggest remaining questions

    U.S. media executives are trying to figure out the ramifications of a joint sports streaming venture among Disney’s ESPN, Warner Bros. Discovery and Fox.
    The platform could cut into the businesses of pay TV distributors such as Charter, Comcast and DirecTV, though the fact that it doesn’t include NBCUniversal and Paramount’s sports content could lessen its appeal.
    It could also have ramifications for the news industry, which along with sports, has kept viewers subscribing to cable.

    Los Angeles Lakers forward LeBron James, #23, during the NBA game between the Los Angeles Clippers and the Los Angeles Lakers at Crypto.com Arena in Los Angeles on Jan. 7, 2024.
    Jevone Moore | Icon Sportswire | Getty Images

    The U.S. media world was rushing — or panicking? — Wednesday to try to figure out the ramifications of Disney, Warner Bros. Discovery and Fox’s new joint venture, an unprecedented move to work together in the years since media companies broke out their own competing streaming platforms.
    The service will launch this fall and cater to sports fans who don’t subscribe to the traditional cable bundle. Consumers will have access to all of the networks owned by those companies that carry sports, along with Disney’s ESPN+.

    Some of the motivations for the companies are clear, as they look to sports to help drive streaming profits. Other reasons for launching the product are murkier and more company specific.
    Many media executives are scrambling for answers about a deal that could have major ripple effects in the industry.

    What’s the audience?

    At first glance, the venture is a big concern for the three largest pay TV operators, Charter, Comcast and DirecTV.
    But just how much they stand to lose is murky. One person associated with the launch of the new venture told CNBC the platform will be “a monster” and massively disrupt cable TV.
    That’s possible. Some percentage of people who eventually sign up for the sports bundle will cancel traditional cable in favor of the new, cheaper alternative. The price for the new product hasn’t been determined, but sources told CNBC it will be higher than $30. One person said $45 to $50 per month seemed logical after discounted introductory offers expire.

    A product around $40 a month is much cheaper than the $72.99 per month for YouTube TV, which is now a growing cable alternative for sports fans.
    But it’s also possible the platform simply doesn’t have a huge audience. There’s a reason tens of millions of Americans have canceled cable. Many simply don’t want access to sports and the associated cost.
    Fox CEO Lachlan Murdoch said Wednesday that the product is geared toward people who have never signed up for cable. But it’s a leap of faith to assume a lot of these people want to spend $40 or so each month for live sports.
    Spokespeople for Charter, Comcast and DirecTV all declined to comment on the new offering.
    Charter and Comcast haven’t really cared about video defections for years now. Broadband is a far more profitable product. Cable TV has been relegated to an add-on that helps keep people subscribing to high-speed internet.
    But broadband subscriber growth has stalled for both Comcast and Charter as Verizon, T-Mobile and AT&T have rolled out 5G home and fixed wireless broadband products. That makes additional loss of video subscribers potentially more harmful for the companies.
    Satellite TV providers DirecTV and Dish, which don’t have high-speed broadband products at all, are potentially more at risk — so are virtual distributors of linear networks, such as Google’s YouTube TV, FuboTV and Hulu with Live TV, which is owned by Disney.
    The Disney, Warner Bros. and Fox service isn’t a full sports offering. It doesn’t include NBC or CBS, which both broadcast a lot of sports, including the all-important National Football League. Granted, NBC and CBS are free over the air with a digital antenna, and both offer streaming services — NBC’s Peacock and CBS’ Paramount+ — that already include sports.
    Still, the more consumers feel they need to add on to this service, the greater the cost and hassle, and the less appealing it becomes.
    Now that the joint venture exists, perhaps the distributors can also eventually get more flexibility to offer similar skinny bundles.
    There’s another dynamic at play: ESPN is still planning to launch a full direct-to-consumer offering in the fall of 2025, CEO Bob Iger said Wednesday. That product will also have an audience.
    It remains to be seen just how many people subscribe to the new platform. Maybe it’s a game changer, maybe it’s not.

    What does this mean for news?

    Traditional pay TV still has about 70 million subscribers. That includes so-called “virtual MVPDs,” like YouTube TV, which just announced it has more than eight million subscribers.
    The cable bundle has largely survived because it still contains exclusive live news and sports.
    Now there’s a cheaper way to access most of the sports, and it doesn’t include cable news networks such as Fox News, CNN, MSNBC and CNBC. The shift could pose a threat to those channels, which are now at risk of losing subscribers.
    Could the news networks gang up to offer a skinny news bundle, in a similar fashion to the new sports bundle? Or will the new sports venture be a catalyst to news bundles, a concept CNBC has written about for many years, but hasn’t happened? Could Fox News bundle with other conservative-leaning publications? Could CNBC partner with The Wall Street Journal or the Financial Times to offer a print and video combination?
    These are hypotheticals, but the sports package may force executives to think in new ways.

    Warner Bros. Discovery and Disney trade-offs

    LightShed media analyst Rich Greenfield called the new sports platform “the Winners’ bundle.” To some degree, he has a point. Customers for this new platform will keep paying Disney, Warner Bros. and Fox for content, and they won’t be paying NBCUniversal and Paramount Global.
    But it also brings risks for Warner Bros. and Disney.
    Warner Bros. has unbundled TNT, TBS and TruTV from the rest of its networks with the skinny bundle. That may prompt pay TV distributors to demand they only pay for the same package, putting many of the old Discovery networks at risk, including HGTV, Animal Planet, TLC and the Discovery Channel. These are low-cost, profitable channels for Warner Bros.
    Those that want the Discovery networks can always subscribe to Max. All the content is already there.
    Fox faces less risk. Cable providers will probably still need Fox News to placate the network’s rabid fan base.
    Disney’s flagship ESPN streaming service now feels muted by this new sports offering. Previously, the only way for cord cutters to get ESPN outside the cable bundle would have been that coming service. Now, the new platform will also give cord cutters a cheaper way to get ESPN.
    The joint venture will require Disney to split revenue with two other companies. Disney’s direct-to-consumer offering is all Disney. The launch of the platform seems to be at best a hedge and at worst a critique of the potential popularity of an expensive ESPN-only streaming product.
    One possible way Disney can add some juice to its own direct-to-consumer product is if the three-company sports platform comes with limited or no on-demand options. But if that’s true, it may decrease the appeal of the joint venture.

    David Zaslav’s merger campaign

    Part of the rationale behind this announcement comes down to competitive dynamics. There has never been any love lost between Disney and Comcast.
    It probably shouldn’t be a surprise that the product wasn’t a shared venture between those two companies after years of disagreements on the direction of Hulu. Ownership of the product is still split between the companies as valuation discussions plod along to make the service wholly owned by Disney.
    The structure also can be seen as a not-so-subtle jab at Paramount Global and NBCUniversal from Warner Bros. CEO David Zaslav, who may have interest in merging with either or both companies.
    The message from him to Paramount Global and NBCUniversal is clear: You’re not strong enough on your own anymore. Not inviting either company to the sports platform party is a signal that Iger and Zaslav feel the programming from NBCUniversal and Paramount Global is simply not needed.
    If the joint venture does turn out to be a “monster,” Zaslav may have just earned himself some leverage in future merger discussions.
    Disclosure: Comcast’s NBCUniversal is the parent company of CNBC.
    WATCH: ESPN should have been in a sports bundle “from the beginning,” says Lightshed’s Rich Greenfield

    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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    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