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November 2012 Newsletter
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Dear Friends: 


Last week Smart Meter evidentiary hearings were held in San Francisco and for the most part, we were out numbered in our assertion that no fees should be charged to retain or restore the analog meters. 
 
PG&E is, or expects to meet resistance for over 237,000 utility meters. To date over 32,000 customers have opted out. Many customers are refusing to opt in and customers are also refusing to pay the fees. Some resisting the fees have been threatened with 15 day shut off notices, however no one that we know of has had their power cut. Read more on these issues below. 

Here's how you can help: 
  1.  Complain to your utility about Smart Meters and about the fees to have an analog meter. Follow up with a formal compliant to the CPUC. Click here: Consumer Affairs Branch
  2.  Attend a CPUC public participation hearing Dec 13-20.(more info below)
  3. Donate to the EMF Safety Network. Click here
 Gratefully,  

Sandi  
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Smart Meter Evidentiary Hearings 

 

Last week evidentiary hearings were held in San Francisco in the Smart Meter Opt Out proceeding. On behalf of the EMF Safety Network I prepared questions for, and cross examined nine witnesses with a focus on who should pay the costs of customers retaining or restoring analog utility meters. We say shareholders should pay, but most other parties said individuals should pay. 

 

PG&E wants to keep the current interim rates of $75/$10 and $10/$5 and socialize the rest. SCE, SDG&E and So Cal Gas want to charge even more. For customers with two utility companies, they could be charged twice.

The seasoned consumer advocates in the proceeding do not support our position. The DRA did not address cost allocation. The Utility Reform Network (TURN) changed it's public position radically, from boycott the meters, to require 50% shareholder responsibility, and now to  individuals should pay 100% of the costs. Aglet Consumer Alliance is advocating for no cost for medical conditions, but for all others he suggests individuals pay $30 and $3 a month.

We need to prove that its wrong to charge individuals for not having a Smart Meter and why shareholders should pay.  This will be done through filing of briefs which are due January 14.

You can help by filing a complaint about the fees with the Consumers Affairs Branch.  The Consumer Protection and Safety Division (CPSD) will likely investigate this issue if there are hundreds of complaints. Also please attend a public participation hearing in your area.

PG&E currently estimates over 237,000 utility meters are/or will be unable to complete. May of these customers are refusing to choose between accepting a Smart Meter or paying to keep the analog meter, or they are denying access. PG&E says they plan to place these customers in the opt-out program after several attempts to get them to decide.

The PG&E witness James Meadows said, under oath, that breaking locks or crossing fences to force Smart Meter installation was  not a practice they would approve.
To the question of whether or not SCE customers can have an analog meter SCE witness L. Oliva responded , "I think they can."

I asked Raymond Blatter, a PG&E witness the following question, "Do you consider it reasonable that if a SmartMeter is installed on someone's home and they're experiencing headaches or sleep problems or ringing in the ears, that that person should have to pay not to have that device on their home?"

Blatter answered, "I think that if that customer receives a benefit of not having that meter on their home, that they should pay for that benefit or at least partially pay for it."

Well, I don't think that line of reasoning can hold up for long! A conclusion to this proceeding is expected by next Spring.
 
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CPUC Holds Public Hearings on Smart Meters

 

The California Public Utilities Commission (CPUC) will hold a series of five "public participation hearings" from Dec 13-20, 2012 to gather public input on the Smart Meter opt out program. Currently customers who want to retain or restore the analog meters are charged  "interim fees" to not have Smart Meters.


The CPUC judge Amy Yip-Kikugawa will preside over the hearings. This is an opportunity for customers to comment on cost and cost allocation issues: costs include customer impact; fees; billing overcharges; health costs; environmental costs; interference; fires or burnt out appliances following installation; Banks of Smart Meters; and the need for community Smart Meter free zones, etc.
 
In your comments be sure to address cost allocation: Do you think it's unfair that individuals should have to pay to protect themselves from Smart Meter radiation? Should shareholders, everyone, or individuals pay?

Hearings are free and open to the pubic.
  • They are scheduled to be 2 hours long.
  • Encourage politicians to attend. They will be allowed to speak first.
  • The length of time to speak will depend on how many people show up: The more people, the less time, for example 1-2 minutes. If hundreds show up the ALJ may ask for one person to represent and speak on behalf of a group of customers..."I represent #'s of customers."
  •  There will be a court reporter and the public comments will become a part of the record in the Smart Meter consolidated proceeding (A.11-03-014)
BAKERSFIELD
December 13, 2012 at 6:00 p.m. Bakersfield City Hall Council Chambers 1501 Truxtun Avenue Bakersfield, CA 93301
 
SANTA BARBARA
December 14, 2012 at 3:00 p.m. County Administration Building Board Hearing Room, 4th Floor 105 East Anapamu Street Santa Barbara, CA 93101
 
LOS ANGELES
December 17, 2012 at 6:00 p.m. Junipero Serra State Office Building Carmel Room - Auditorium, 1st Floor 320 West 4th Street Los Angeles, CA 90013
 
SAN CLEMENTE
December 18, 2012 at 6:00 p.m. San Clemente Community Center -- Ole Hanson Fireside Room 100 N. Calle Seville San Clemente, CA 92672
 
SANTA ROSA
December 20, 2012 at 2:00 p.m. Steel Lane Community Center -- Dohn Room 415 Steele Lane Santa Rosa, CA 95403
 
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RESISTING Smart Meter FEES

 

If you are refusing to pay the Smart Meter opt out fees- the District Ratepayer Advocates (DRA), a consumer advocacy division of the CPUC recommends filing a formal complaint with the Consumers Affairs Branch (CAB).  First dispute the fees with your utility, then put your dispute in writing with CAB. This will start the clock running for them not to shut off your power while the complaint is in resolution process.  

 If enough complaints are filed about the fees, the Consumer Protection and Safety Division might open an investigation on the problem- so please do complain! 

Talking points for refusing Smart Meter fees:
  • The interim fees are unjust, arbitrary and unreasonable, which violates of Public utilities Code 451: "All charges demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful." 
  • Smart Meters emit RF radiation, and if you avoid RF for medical reasons, to pay more for a different meter violates PUC code 453(b). "No public utility shall prejudice, disadvantage, or require different rates or deposit amounts from a person because of ancestry, medical condition, marital status or change in marital status, occupation, or any characteristic listed or defined in Section 11135 of the Government Code."
  • You never opted in. 
  • The federal government never made Smart Meters mandatory: Energy Policy Act of 2005, Title Xll, Subtitle E, Section 1252, (a), (14), (C):"Each electric utility subject to subparagraph (A) shall provide each customer requesting a time-based rate with a time-based meter capable of enabling the utility and customer to offer and receive such rate, respectively."
  • Time of use metering is not mandatory: CPUC Code Section 745 (d) (1):"Residential customers have the option to not receive service pursuant to time-variant pricing and incur no additional charges as a result of the exercise of that option. Prohibited charges include, but are not limited to, administrative fees for switching away from time-variant pricing, . . ."

From The Utility Reform Network: Rules Governing Utility Shut-Offs 
  • Your power cannot be shut off for nonpayment on Saturdays, Sundays, legal holidays other days when the utility's public offices are closed.
  • Medical baseline or life support customers will not be disconnected without an in-person visit from a utility representative.
  • You must be notified before your power is shut-off. PG&E and SDG&E customers are entitled to a 15-day notice of termination followed by a 48-hour notice. SCE customers must receive a 15-day notice followed by a 5 day notice. 
  • You should also receive an explanation for the proposed shut-off and the options you have to prevent termination, such as payment arrangements and appeals to your utility or the California Public Utilities Commission (CPUC).
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DONATIONS NEEDED

 

In addition to lawyer costs there are smaller costs, like driving to SF, paying toll and parking, cost of copies, postage, email blasts to keep people informed, etc.  Consider a monthly donation! If everyone on this list donated $10 a month that would cover it! 

 
Donations can be sent online through Paypal, or by sending a check to EMF Safety Network. PO Box 1016, Sebastopol CA 95473.  Click here

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EMF Safety Network Contact Information
p: 707-824-0824
e:  emfsafe@sonic.net 
w: www.emfsafetynetwork.org

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