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Boulder County board approves public-entity portion of global Marshall Fire settlement with Xcel Energy
Summary
Deputy county attorney Trina Ruland presented a proposed public-entity settlement with Xcel Energy tied to the Marshall Fire litigation; the public-entity portion is roughly $3 million and county counsel said Boulder County will receive a net positive payment after fees and FEMA reimbursements. Counsel reported ongoing coordination with FEMA.
Deputy County Attorney Trina Ruland presented a proposed settlement and general release between Boulder County and Xcel Energy related to the Marshall Fire litigation. Ruland told the board the global settlement reached among individual homeowners, public entities and subrogation plaintiffs includes a public-entity component that is "about $3,000,000" from Xcel Energy; the final Boulder County share had not yet been calculated but was expected to result in a net positive payment to the county after attorney fees, costs and FEMA reimbursements.
Ruland framed the county's earlier decision to join litigation and subrogation actions as driven in part by FEMA's guidance under the Stafford Act, which requires recipients of certain federal assistance to pursue reimbursement from potentially liable third parties to prevent duplication of benefits. Counsel indicated the settlement is intended to satisfy FEMA's requirements.
Outside counsel Jason Julius and Rob Chambers, who participated in the presentation, told commissioners that they have developed processes and communications with FEMA and have submitted draft documentation. Chambers said discussions with FEMA Region 8 indicate the agency is willing to accept the settlement framework. "We've had a number of meetings with FEMA," Chambers said. "They have indicated that they're willing to accept this." Commissioners voted to approve the settlement and release with Xcel Energy.
The settlement covers the public-entity plaintiffs (including the Town of Superior, City of Louisville, Boulder Valley School District, and Boulder County) and includes provisions for allocation of proceeds, payment of fees, reimbursement of FEMA, and distribution among plaintiffs. County staff said final allocation figures for Boulder County would be provided as the settlement is finalized.
