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Supreme Court ruling on cell towers and local rights
In February of 2010 T-mobile wanted to erect a 108 ft cell tower in the City of Roswell Georgia. The City held a meeting, and voted to deny the application. They sent T mobile the denial, and later sent the reasons for denial in the form of minutes of that meeting. T-Mobile sued claiming they were not given substantial reasons for denial. On January 14, 2015, The Supreme Court agreed with T-mobile that adequate written response must be given.
In the video below Georgia State University constitutional law professor Eric Segall states this case is important.”The question is: Did Congress and can Congress as a matter of federal law require local towns and cities to give reasons for its denial of these kinds of permits? That raises the question of federalism, which is the appropriate relationship between the state and federal governments. We all have a stake in what that relationship is.”
“There’s a real significant question at the bottom of this case, which is both should and can Congress dictate to local towns and cities how they go about their business?” Georgia State University constitutional law professor Eric Segall
In his dissenting opinion, Chief Justice Roberts remarks that
“cell service providers are not Mom and Pop operations,” “a
telecommunications company is no babe in the legal woods,” and “[T-Mobile
is] a sophisticated, well-lawyered company” (Roberts thinks the Court went
too far in requiring a local government to issue the reasons for its
written denial of a cell tower contemporaneously with that written
denial).
Justice Alito writes in a concurring opinion that “Nothing we say today
should be read to suggest that when a locality has erred, the inevitable
remedy is that a tower must be built.”
Is it reaching too far to infer that the Supreme Court Justices might not
look too kindly on a cell tower being place in their own back yards?
Watch the video and find the link to the Supreme Court Decision http://www.11alive.com/story/news/nation-now/2014/11/18/roswellcourt/19258259/
Posted in Cell towers
2 Comments
We Have Not Been Heard!
Posted in CPUC, Fires and Explosions, PG&E, Public Health, smart meters
1 Comment
PG&E hands over even more emails
Evidence of smart meter corruption
PG&E has handed over another batch of emails that expose days long meetings between PGE’s Brian Cherry and CPUC president Michael Peevey. Peevey provides information, direction and advocacy on utility projects, instead of regulating PG&E to protect the public to ensure safe utility service.
The majority of the emails are about Oakley Power Plant, a windmill project called Manzana and San Bruno. However one small section gives a peek into Michael Peevey’s intentions on smart meters.
On July 2, 2010 PGE’s Brian Cherry wrote to Tom Bottorff about having spent a “good few days with Peevey and Bohn” (former Commissioner). Cherry’s description of what took place included smart meters.
“SmartMeters-Mike grumbled about the CCSF PFM* and the folks in Sebastopol who want to delay SmartMeter implementation. He implied that this wasn’t going to happen and that by the time the Commission got around to acting on it, we would have installed all of our meters.”
Exhibit 2 SmartMeter Upgrade Proceeding A.07-12-009 link to the emails: PGE Letter to Mr. Sullivan Exhibits 1 – 17_ 12-22-14
Click to see the screen shot:
The “folks in Sebastopol” are the EMF Safety Network. We had a formal proceeding before the Commission in 2010 asking for a moratorium on smart meters. A.10-04-018. President Peevey dismissed that proceeding deferring authority to the FCC. * CCSF is the City and County of San Francisco who asked for a moratorium, and illustrated smart meter problems. http://docs.cpuc.ca.gov/PublishedDocs/EFILE/PM/119424.PDF
The Structure Report was issued two months after Cherry wrote about this, and its conclusions were the same as Cherry reported, smart meters were claimed to be accurate, and PGE was faulted for how they handled smart meter problems.
Peevey has done exactly what Brian Cherry said he implied. Peevey dismissed and ignored the substantive issues, created a pay to opt out program, and delayed… meanwhile PGE installed almost all their smart meters. The utilities forced smart meters onto property without consent and without honest disclosure of how the meters work.
Wasn’t that just our experience?
PG&E forcing smart meters on customers!
Tearing down signs, and installing ahead of schedule!
CPUC ignoring cities and counties requests for a moratorium and safety studies!
CPUC and PG&E ignoring local laws that banned smart meter installation!
CPUC ignoring the science! ignoring doctors requests! ignoring disability rights!
Charging punitive fees to avoid smart meters!
Not allowing communities to decide! Not allowing businesses a choice!
Excluding health and safety from the smart meter opt out proceeding!
More from the email:
“He [Peevey] was concerned about the Structure SmartMeter Audit. He said he could not go into details, but that we would like their conclusions on the viability of the technology and infrastructure that supports it. He did say the Structure Audit report would be very critical of the way we handled the problem and communicated with our customers. He was also highly critical of Helen and her handling of the Senate hearing in Sacramento.”
“Miscellaneous- Mike couldn’t hide his disdain for Mark Toney and TuRN. He was particularly incensed, along with Clanon, about TURN’s refusal to modify their website about opposition to Smart Meters. I’m not too concerned about TURN and the GRC at this point. I don’t believe we need them as a settlement partner with Peevey as the assigned Commissioner….”
This is the stuff of crooks!
Posted in CPUC, Hall of Shame, PG&E, smart meters, Take Action!
1 Comment
CPUC approves extortion smart meter fees
What really happened at Peevey’s last CPUC meeting
Peevey’s last meeting: Reading of names and smart meter victim complaints the CPUC is ignoring.
Before noon on Dec.18, a Bay City News reporter published a rare media account of Peevey’s last meeting at the CPUC titled “San Bruno blast: PUC’s Peevey presides over final meeting, receiving scorn and praise”. During untimed public comments 30 speakers droned on with accolades for his twelve years at the CPUC, one calling him the “greenest Commissioner”. After a couple hours the scorn began. 21 speakers had signed up to speak, most on smart meters. Robert Ernst read the names and smart meter complaints told to the CPUC judge at public hearings. (see video below)
Within hours the news article covering the scorn was censored, and almost all mention of smart meter opposition inside the CPUC meeting was removed. Here’s what was taken out:
“Armed police guarded the meeting, which at one point was interrupted by shouts when it appeared that Peevey intended to adjourn the meeting before all members of the public had a chance to speak.
“Be quiet,” Peevey told those who were shouting. Eventually, Peevey decided to continue the meeting through lunch and speakers continued to offer comments.
Numerous people offered opposition to the controversial PG&E smart meter program.
Robert Ernst of San Rafael offered Peevey “a dark rose for dark times” that he claimed smart meters pose for California. People held up signs that read “Listen to the Smart Meter injured.
“The PUC is clearly a captured agency, working on behalf of, and in collusion with, the utility it is supposed to be regulating,” said Sandi Maurer.”
Prior to the meeting we met on the steps of the CPUC in protest. The grim reaper held a wireless kills sign, black roses were handed out and a smart meter victims coffin was raised.
The alternate smart meter decision is APPROVED
After a lunch break, the CPUC approved Peevey’s alternate decision, which charges opt out fees of $75 initial fee and $10 a month ($10 and $5 for low income) for no more than three years. The decision excluded health and safety and disallowed community and business opt out. The Commissioners did not discuss it, only offered gratuities to those involved.
Thanks to everyone who coordinated the actions and participated, and to Steve Zeltzer for the following video:
Posted in CPUC, PG&E, smart meters, Take Action!
Tagged art, smart grid failure, smart meter problems, smart meters
5 Comments
