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EMFSN logoEMF Safety Network’s mission is to educate and empower people by providing science and solutions to reduce EMFs, improve lives, achieve public policy change, and obtain environmental justice.

Peer-reviewed published studies link electromagnetic fields (EMF’s) and wireless radiation (RF) to health problems including:  fatigue, headaches, sleep problems, anxiety, ringing in the ears, heart problems, learning and memory disorders, increased cancer risk, and more. For a comprehensive review of the science go to https://bioinitiative.org and or read science abstracts here: shortcut-to-science.  For personal accounts of harm see this EMF Health Effects 2019 Survey.

If you think you might be having health problems from EMF’s please see this excellent resource written by Dr. Scott Eberle. http://emfsafetynetwork.org/safety-precautions/ehs-doctor/

Studies show radiation harms nature and children are especially vulnerable. This handout includes links to science on RF effects on nature and this study recommends precaution for children.

Medical doctors advice precaution. In California and other states, prudent avoidance of EMFs is recommended public policy. Prudent avoidance means taking steps to reduce exposure. See California Department of Public Health cell phone advisory, New Hampshire 5G Final Report. 

Steps you can take to reduce EMF’s include using: corded (wireless off) internet; corded phones; and analog utility meters (remove smart meters).  And reduce cell phone use. Keep cell phones away from your body and away from children. Best to use cell phones for emergencies only. Set limits on computer and screen time, especially for children. Consider having your house tested for EMF’s. More ideas here: safety tips See also What are EMFs? brochure.

Here’s a short overview about “Our Wireless World” by Satya Giordano of EMFCenter.com

Read more intro, or scroll down to read our news.

For an excellent overview, including the science, watch the video below by Joel Moskowitz PhD. : “Health Hazards of Wireless Technologies: What do we know now?” recorded Sept. 25, 2024.

Network News

JANUARY 20, 2025

Law & public policy

SAFE TECH GROUPS DEMONSTRATE POWER OF GRASSROOTS EFFORT
 
SafeTechHawaii has succeeded in getting a tower relocated; the tower lease was not renewed, so the installation must be moved. Public pressure has also advanced a significant bill/ordinance in the face of a contradictoory telecom-favoring bill introduced by a former planning director. Current planning commissioners have given the bill with the stricter standards for telecom (Bill 194) favorable recommendations. To read more about the Tale of Two Ordinanceswww.westhawaiitoday.com/2024/12/11/hawaii-news/cell-tower-bills-head-to-council/
 
Residents of Minden, Nevada (about 20 miles from Lake Tahoe) have temporarily stopped Verizon from putting up two 5G cell towers in their community near where children learn and play. To voice opposition at a hearing, so many people came to speak that they formed a line out the door. As in Hawaii, the battle is not over. Full story by Children’s Health Defense: https://childrenshealthdefense.org/defender/minden-nevada-win-verizon-5g-towers/

Arizona Board of Supervisors rules against placement of 120-ft
tower near a community designed for residents sensitive to EMFs.
The Snowflake, AZ community was established over 30 years ago for individuals with “Multiple Chemical Sensitivity and Electrical Sensitivity.” The rural location provides a rare sanctuary where residents can live without constant exposure to these triggers.  Arizona county denies controversial cell tower near sensitive community – EHN


CHILDREN’S HEALTH DEFENSE LAUNCHES STOP 5G
 

STOP 5G  is a one-stop resource that provides you and your community with all of the information and tools you need to effectively protect your children from the reckless expansion of cell towers and small cell installations in your neighborhood, and near your children’s schools. Citizens can get help opposing existing or proposed towers or challenging SmartMeter mandates. Introduction on Jan. 21 at 4:00 PT on: XFacebookInstagramLinkedIn. Recording will be available.

NEW HAMPSHIRE INTRODUCES BILL ALLOWING TOWNS TO DECLINE 5G TOWERS

The bill establishes the authority for municipalities to regulate the construction, deployment, and operation of 5G wireless facilities within their jurisdiction and also repeals a chapter relative to the deployment of personal wireless service facilities.
https://zero5g.com/2025/new-hampshire-hb-501-an-act-relative-to-allowing-towns-to-decline-5g-towers/


MORE
 STATE LEGISLATURES INTRODUCE WEATHER MODIFICATION BANS, BRINGING THE CURRENT TOTAL TO 21
 
Indiana, Mississippi, Wyoming and Utah join the effort:

While these acts represent meaningful progress, many yet need sharper teeth with respect to enforcement.
More here: Americans4ACleanAtmosphere.com

Microwave radiation plays a role in weather control. Excerpt from this informative flyer. “Deployments of GeoEngineering contaminants including cloud-seeding aerosols and radiofrequency / microwave (RF/MW) radiation emissions, subject our Earth to highly unnatural hazards.” Printable Flyer__A4ACA_Americans4ACleanAtmosphere

 
☀️Interested in legislation like this for California/your state? This quick message will go to your legislator: HERE

Landline Update

PARTIES CONTINUE TO SUBMIT FILINGS TO CPUC COMMISSIONER REYNOLDS AND ADMINISTRATIVE LAW JUDGE GLEGOLA
Entities granted “party” status in the CPUC Carrier of Last Resort (COLR) proceedings (Telecom providers, Public Advocates Office, organizations such as TURN, EMF Safety Network, etc.) are submitting filings on the Rulemaking issue preparatory to the eventual issuance of Scope and Scheduling.
 

🚩It’s important that individuals and groups continue to submit comments to DOCKET R.24-06-12. Comments accumulated on this page form a permanent record available to key CPUC personnel, all members of the public, carriers, industry organizations, etc. The previous docket (AT&T’s application to be relieved of its COLR obligation) accumulated over five-thousand comments. Comments on the new docket card have doubled since the last alert here, but as parties deliberate, members of the public would do well to keep submitting comments.

GO HEREhttps://apps.cpuc.ca.gov/apex/f?p=401:56::::RP,57,RIR:P5_PROCEEDING_SELECT:R2406012

Click on Add Public Comments: (To access all the documents and comments filed so far in the proceeding click on tabs at the top.) 
 
FCC GIVES AT&T PERMISSION TO REPLACE COPPERLINE PHONES WITH WIRELESS IN A PART OF OKLAHOMA
The company insists that no customer will be left without voice or 911 service

Science & health 

TOWNSEND LETTER PUBLISHES ARTICLE “AMERICA’S AWAITING PANDEMIC OF RADIATION DISEASES
 
Dr. Gary Null and Richard Gale write, “As the new Trump administration prepares to take possession of the White House, it will be facing a flurry of aggressive bills to expand 5G and wireless technologies. The media blackout about these policies and their long-term impact upon the average American’s lives and their physical and mental health remains largely unbeknownst to the vast majority of Americans (red ours). Currently, Congress is considering over 60 bills that would fast-track deployment of wireless infrastructure thereby bypassing crucial safety, environmental, and public health safeguards and federal oversight. . . These bills demonstrate a clear prioritization of private industry’s interests and profits over public and environmental health.”
 
Null and Gale conclude: “The American public is being bamboozled with blatant falsehoods to embrace 5G as a necessary and innovative technology that will benefit and improve their lives. But the real truth is the exact opposite. The future of the nation’s health and the environment hangs in the balance. Without swift and decisive action to address the dangers posed by EMF radiation, the country will face a preventable catastrophe of monumental proportions.”
 
This comprehensive, responsible article is a good share: https://townsendletter.com/americas-awaiting-pandemic-of-radiation-diseases

DR. MOSKOWITZ POSTS 3O NEW PAPERS ON EMF EFFECTS 

Of particular note is a paper attacking the WHO’s Systemic Reviews on the Association Between RF Exposure and Health EffectsThe author of the paper, Dr. James C. Lin, Professor Emeritus at the University of Illinois, and a former ICNIRP Commissioner,  is “one of the world’s most renowned scientists who has studied the effects of radio frequency radiation.” Lin concludes that the reviews are “severely flawed,” and “threaten to undermine the trustworthiness and professionalism of the WHO-EMF project in the area of human health hazards from man-made RF radiation.”  https://www.saferemr.com/2022/06/recent-research-on-wireless-radiation.html
Microwave News calls the Reviews “old wine in new bottles:”  https://microwavenews.com/news-center/old-wine-new-bottles


Space technology 

FCC CHAIRWOMAN GIVES KEYNOTE ADDRESS ON SPACE ECONOMY AND SURGE IN SATELLITES

Jessica Rozenworcel emphasized the increasing role of satellites in global wireless communications policy, highlighting that at the upcoming 2027 World Radiocommunication Conference, over 80 percent of the agenda items will be related to satellites or space. https://broadbandbreakfast.com/rosenworcel-space-economy-growth-is-astronomical/?utm_source=substack&utm_medium=email

SPACE JUNK CRASHES ONTO KENYAN VILLAGE

“A massive round metal object plummeted from above landing on farmland near a dry riverbed – and it was piping hot.” https://www.bbc.com/news/articles/clyn9dgdwe3o

MONTEREY ACTIVIST-RESEARCHER FILES HEFTY COMMENTS WITH FCC RE SPACEX LAUNCHES IN CALIFORNIA

“Free the Sky” Comments on Draft Environmental Assessment (EA) for SpaceX Starship/SuperHeavy Increased Cadence—A poorly publicized proceeding and the FAA’s patently false conclusion of “no significant environmental impacts.

Next: Vandenberg
Guest post by Nina Beety on Patricia Burke’s Safe Tech International substack. Comments re: 

🚩See end of Beety’s attention-getting post for action to take by January 27. https://patriciaburke.substack.com/p/free-the-sky-comments-on-draft-environmental

Feature: SAFE TECH INTERNATIONAL’S SARAH AMINOFF CREATIVELY INFORMS ABOUT IMPACTS OF STARLINK, BY ASKING, “What would Captain Kirk Say if Starlink Interfered With the Prime Directive? What would the fictional 23rd century character in Star Trek say about so many Satellites’ launches punching holes in the ozone layer, satellite collisions and light pollution?  Kirk serves in the fictional Starfleet, a space force maintained by the interstellar government United Federation of Planets. In our present day, we have a Federation of Scientists who warn about averting environmental risks in the new space age, they believe we face an existential crisis created by the launch of so many new ‘mega constellations’ of thousands of satellites in the part of space near Earth called ‘Low Earth Orbit’ (LEO).”

https://safetechinternational.org/what-would-captain-kirk-say-if-starlink-interfered-with-the-prime-directive/

Thank you for taking action on banning weather modification in CA, for submitting a new comment on the CPUC landline docket and posting a comment on increased satellite launches.

OCTOBER 28, 2024 

Landline update

CPUC IN EARLY PHASE OF RULEMAKING ON CARRIER OF LAST RESORT (COLR) REQUIREMENT

The status of the proceedings (Docket #R2406012) can be found at the link immediately below, where you can click on a menu bar to see action to date. Although no public comments have been filed yet, you are most welcome to do so by clicking on Public Comments.

ACTIVE

EMF Safety Network’s filing for party status was accepted by the CPUC. Proceedings are open to all stakeholders who file/are accepted for party status, including carriers, advocacy organizations like TURN, etc. A list of parties can be seen by clicking on Documents. You can read EMF Safety Network “comments” by scrolling to September 30.  Party status entitles EMFSN to receive all relevant proceedings, documents, decisions, etc. so we will keep you informed.

Direct link to EMF Safety Network 5-page filing: https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M541/K492/541492942.PDF

USA TODAY ARTICLE EXPLORES DEMOGRAPHICS OF LANDLINE USERS: “Who Still Has a Landline Phone?”

“. . . pushback from California consumers proved that many Americans are still passionate about their old-fashioned landlines.”

https://www.usatoday.com/story/money/2024/10/10/who-still-has-landline-phone/75569063007/

Living an electrosensitive life

RECENT WASHINGTON POST REPORTER IS TO BE COMMENDED FOR HIS PARTICULARLY THOUGHTFUL ARTICLE ABOUT GREEN BANK, WEST VIRGINIA

“This town has no cell service, so the ‘electrosensitive’ have made it home”

“A few dozen people, in and around Green Bank, W.Va., have retreated from the signals of modern life, and found each other.(Note: the link below may require a subscription or a one-time fee.)

https://www.washingtonpost.com/style/of-interest/2024/10/18/green-bank-west-virginia-wv-electrosensitive-cell-service/

🚩In our view, this piece stands above previous features on Green Bank for its obvious respect for the residents, their needs and their cautious willingness to share their experiences with a reporterNote that the author admits that the residents “think I’ll get it wrong”—as previous writers have done, at least in part.  

Note: Comments are now closed for this article, but you may thank the reporter. National Call For Safe Technology (https://thenationalcall.org/) made the following observation: “It was a thoughtful article delving into the reasons why (the residents) moved there, although it did not go into the science. It would be great if he would do another article delving deeper into the subject.”  To send a comment to the reporter: travis.andrews@washpost.com.

 

Health & science

EMINENT PROFESSOR PRESENTS 30 YEARS OF RESEARCH SHOWING SIGNIFICANT ADVERSE EFFECT FROM RADIOFREQUENCY EXPOSURE

Dr. Henry Lai, Professor Emeritus at the University of Washington, Editor Emeritus of the journal, Electromagnetic Biology and Medicine, and an emeritus member of the International Commission on the Biological Effects of EMF, has compiled summaries of the research on the biological effects of exposure to radio frequency (RFR) and extremely low frequency (ELF) and static electromagnetic fields (EMF). His set of abstracts which covers the period from 1990 to October 2024 constitutes a comprehensive collection of the peer-reviewed research.

From Dr. Joel Moskowitz: “Dr. Lai reports that the preponderance of the research has found that exposure to RFR or ELF EMF produces oxidative effects or free radicals, and damages DNA. Moreover the preponderance of RFR studies that examined genetic, neurological and reproductive effects has found significant effects. Among hundreds of studies of RFR, 71% to 89% reported significant effects. Among hundreds of studies of ELF and static fields, 75% to 90% reported significant effects.” https://bit.ly/LaiSaferEMR

DR.MERCOLA CONTINUES TO WRITE ABOUT EMF HARMS

As part of his ongoing education on cellular health, he includes a section here on EMFs. “Endocrine-disrupting chemicals and EMFs from devices like cellphones and Wi-Fi routers pose significant risks to mitochondrial function, necessitating practical steps to reduce exposure.”  He points to telecom industry lies. “They promote the idea that non-ionizing radiation is safe because it doesn’t cause immediate thermal damage. This misleading narrative ignores the long-term, chronic effects of EMF exposure, which accumulate over time and contribute to a host of health problems, including cancer, neurological disorders and reduced cellular energy.”
https://media.mercola.com/ImageServer/Public/2024/October/PDF/cellular-health-pdf.pdf

CHD POSTS INFORMATIVE OVERVIEW OF STUDIES GIVING EVIDENCE OF CELLPHONE–BRAIN CANCER LINK

New article includes a recent report from South Korea (posted here previously) “Peer-reviewed studies showing a link between brain cancer and cellphone radiation are piling up — contradicting a recent World Health Organization (WHO)-led study that claimed there’s no evidence of a link. South Korean researchers — who analyzed 24 studies and published their report on Oct. 10 in Environmental Health — found significantly higher risks for malignant brain tumors, meningioma and glioma on the side of the head where cellphones were held.” Childrens Health Defense: cellphone radiation & brain cancer

EMF EXPERT KEITH CUTTER EXPLAINS WHY WIFI IS UNIQUELY HARMFUL

Cutter can be counted on to present EMF technology and effects clearly and carefully. In his introduction to this attention-getting discussion, he says, “I’ve developed a profound appreciation for the uniquely destructive force known as WiFi.

From his sobering conclusion: “The harm it causes may extend far beyond the expected effects of measured RF intensity. At its core, WiFi is more than just an RF emitter—it introduces a complex set of additional stressors that amplify its impact. The continuous beacon signal, pulsing at 10Hz, mimics the brainwave fr equencies that govern our natural rhythms, like alpha waves, raising concerns about how this constant exposure could disrupt the brain’s normal functioning. In addition, the pulse-modulated nature of the RF transmission carrying data compounds the potential harm through a multiplier effect. These modulated emissions do not just affect the brain; they can leave an imprint on the body’s tissues, creating lasting trauma stored in the structured water that composes much of the human body.” Cutter: Why Is WiFi so uniquely harmful

Technology

T-MOBILE GIVES UP SOME OF ITS 5G SPECTRUM BECAUSE “IT’S USE IS SO LIMITED”

Short article concisely explains why 5G hype was just that. “T-Mobile was one of the US carriers that never fully bought into the 5G mmWave hype and instead focused all of its early 5G efforts on using the mid-band 5G it acquired when it bought Sprint. As it turns out, that was the proper play for 5G, as mid-band 5G is both fast as hell, can reach large areas, and isn’t given a stiff-arm from a see-through window. The rest of the industry has since followed T-Mobile’s lead, most recently when everyone tried to buy as much C-Band spectrum (which is mid-band 5G) as they possibly could, while backing it up with all of the low-band 5G available. The spectrum that T-Mobile is giving up includes county-size areas around Los Angeles, San Francisco, Santa Clara, Atlanta, Miami, Brooklyn, Dallas, and Fort Worth. They’ll still keep some 5G mmWave areas active in those cities (mostly in downtown sections), but the areas are a fraction of the size.”

https://www.droid-life.com/2024/10/22/t-mobile-5g-mmwave-spectrum-release/?

Thank you for your ongoing interest!

Page with earlier editions of the EMF Safety Network News coming soon!

Stop the proposed faux watertower Cell Tower at 9300 Mill Station Rd., Sebastopol

Stop Fake Watertower Cell Tower- 9300 Mill Station, Sebastopol

On Oct. 8, 2024,, the Sonoma County Board of Supervisors approved a 70 ft., T-Mobile cell tower for 9300 Mill Station Rd., Sebastopol.

The installer (Vertical Bridge) plans to make this twelve antenna T-Mobile cell tower look like a faux water tower to “blend in with the neighborhood.” The vote was 3-2, with Supervisors Lynda Hopkins and Susan Gorin voting against it. Now neighbors plan to take this to court!

This proposed tower first came before the Bureau of Zoning Adjustments (BZA) in March 2023. The BZA made a careful and in depth analysis over four public meetings and on June 13, 2024, they unanimously denied the tower, and for good reason!

Their final determination stated that the tower was “inconsistent with the surrounding neighboring residences and the character of the community….” The project was also “considered detrimental to the health, safety, peace and comfort or general welfare of the persons residing or working in the neighborhood or to the general welfare of the area in particular.”

Vertical Bridge was not happy with the decision.  They filed an appeal before the Board of Supervisors and had the BZA denial overturned. It was obvious to all of us in attendance that the Supervisors already had their minds made up to approve the tower prior to the public meeting on Oct. 8th. They had enough good evidence to deny the tower, but they ignored it all.

If this tower is allowed to be built, will our local governments ever stop a cell tower ANYWHERE for ANY REASON?

We have to stand up to this injustice and stand behind the neighbors to protect their right to privacy, safety, and quality of life.

You can help the court case for the Mill Station neighbors by making a tax deductible donation to EMF Safety Network, a 501(c)(3) organization. We have now become a NON-PROFIT ORGANIZATION and all donations made directly to the EMF Safety Network are tax deductible to the full extent of the law!

Please send your donation to EMF Safety Network, PO Box 342, Windsor, CA 95492 or use the Donation button on this page. Any amount would be greatly appreciated! Thank you!

The EMF Safety Network team

 

Health Hazards of Wireless Technologies by Dr. Joel Moskowitz

Dr. Joel Moskowiz webinar

WEBINAR LINK: ACCESS TO ALL PRESENTATION SLIDES BY DR. MOSKOWITZ:

WEBINAR HIGHLIGHTS FACT SHEETS: 

Introduction to webinar: 
Wireless technologies, including cell phones, wireless internet, and Bluetooth devices, have become ubiquitous in our lives. Most adults in the US own a cell phone, and cell phone use is widespread among children and adolescents. New cell antenna sites are being deployed widely. Wireless technologies and equipment designs also change rapidly.

The preponderance of scientific evidence shows adverse biological and health effects from the radiofrequency (RF) radiation, or electromagnetic fields (EMFs), used and generated by these devices. A number of studies have considered the mechanisms of biological harm from RF radiation, and federal studies have documented increased incidence of certain tumors in laboratory animals associated with RF exposure. Epidemiological studies have found increased risk of certain tumors associated with long-term use of wireless phones. Read more and watch webinar. 

Sebastopol: Rethink smart water meters

Years of support for reducing EMF’s in Sebastopol evaporated in October 2021, when the city council unanimously approved smart water meters.

We hired attorney Ariel Strauss and he presented the city attorney with a compromise to only install the digital readers without antennas. The council rejected the compromise claiming the meters were a public good because of the drought. The council later approved a FREE opt out for anyone who doesn’t want the smart water meter. The meters are planned to be deployed in January 2023. 

Beware of Climate Washed Smart Water Meters!

Why did Sebastopol, who banned smart meters in 2013, do this?  Syserco, a registered contractor for PG&E, sold the 2.2 million dollar project to Sebastopol as a water and energy savings initiative. Council members promoted the meters as a climate action solution. When asked to provide clarifying information on the purported savings, Syserco wrote:

“…there has never been a claim that the new meters “save energy, save water and reduce greenhouse gas emissions”.

The real reason for the new meters according to Syserco is money.  However, Syserco did claim the meters would save water and were energy efficient, and the staff report called the meters a “green initiative”. This is climate-washing, the use of deceptive marketing spin.  Read more here. 

 

FCC LOSES lawsuit to EMF safety advocates!

Today the US Court of Appeals remanded the case against the Federal Communications Commission (FCC) back to the FCC to provide a “reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radio frequency radiation unrelated to cancer…”

More info commentary from Environmental Health Trust: https://ehtrust.org/in-historic-decision-federal-court-finds-fcc-failed-to-explain-why-it-ignored-scientific-evidence-showing-harm-from-wireless-radiation/

New study calls for EMF regulation to protect wildlife

There’s a new study by Blake Levitt, Henry Lai and Albert Manville: “Effects of non-ionizing electromagnetic fields on flora and fauna, part 1. Rising ambient EMF levels in the environment” https://pubmed.ncbi.nlm.nih.gov/34047144/

It is time to recognize ambient EMF as a novel form of pollution and develop rules at regulatory agencies that designate air as ‘habitat’ so EMF can be regulated like other pollutants. Wildlife loss is often unseen and undocumented until tipping points are reached. Long-term chronic low-level EMF exposure standards, which do not now exist, should be set accordingly for wildlife, and environmental laws should be strictly enforced.

 

Global EMF Monitoring Call for volunteers

Can you BRAG about your city?

Dr. Magda Havas has initiated a Global EMF Monitoring project, calling for volunteers to measure EMF’s in their city.  So far there are almost 200 volunteers from 16 countries.  Here’s short breakdown of what’s required of volunteers.

    1. You will need to either have or purchase a Safe & Sound Pro RF meter (either Pro I or Pro II) available at www.slt.com . If you volunteer for the Global EMF Project they will give you a discount code.
    2. You will be measuring at 4 corners of 5 main intersections in your city which will take about 2 hours. Because this is a science project, it’s important to follow these instructions carefully.
    3. Watch this video below for how to measure a location.

4. When you’re measuring people might ask you questions about what you’re doing. You can give them this fact sheet which will explain why you are measuring and help to educate people.

5. To learn more details about this project go to their website at globalEMF.net  and if you would like to volunteer please send a quick email to:  info@globalEMF.net

PG&E refunds smart meter “opt-out” fees to EMF disabled customer

On April 16, Pacific Gas and Electric refunded Smart Meter “opt-out” fees paid by the family of Nina Beety who is disabled by electromagnetic sensitivity. Beety requested disabled accommodation from PG&E to have analog electromechanical meters on her family’s home when the company initiated its wireless Smart Meter roll-out in her community. She explained that EMF-emitting devices cause her disabling health effects. PG&E ignored Beety’s requests for disabled accommodation, and refused to allow residential customers to have analog, non-digital meters without paying a so-called “opt-out” fee. The family was forced to pay $415. in fees to avoid Smart Meters on their home. The Americans with Disabilities Act prohibits surcharge fees for disabled people.
When PG&E filed for bankruptcy in 2019, Beety’s family then filed a proof of claim with the Bankruptcy Court for the “opt-out” fees they paid, stating the claim basis as “Smart Meter opt-out fees that were unlawful surcharges against a disabled person (ADA Title II Technical Assistance Manual, II-1.3000 Relationship to title III)”
PG&E objected to this claim, and on February 25, 2021, asked the court to expunge it. “The simpler Customer Bar Date Notice made clear that Customers were not required to file Proofs of Claim for ordinary and customary refunds, overpayments, billing credits, deposits, or similar billing items. The Customer No Liability / Passthrough Claims listed on Exhibit 1 arise from either (1) Customer Security Deposits or (2) Claims that arise from Customer Billing Disputes…Accordingly, for the reasons set forth herein, the Customer No Liability / Passthrough Claims should be expunged because, in accordance with the Bar Date Order, they will be resolved in the ordinary course.”
On March 24, 2021, Beety submitted this timely Response to the Bankruptcy Court: Our claim is not an “ordinary and customary” customer billing item. We have a special type of billing claim dispute that rises on the fact that I am disabled, and unlawful charges were placed on the household account that interfered with my disabled accommodation. Those unlawful charges were surcharges that are not allowed under the ADA/ADAA and FHAA. This is a meritorious disabled rights claim that was never resolved. It should be resolved by a full and complete refund. Closing my claim would be yet another burden, abrogating my civil rights. Please ensure that my rights are protected.
Faced with a federal judge who had read Beety’s response, PG&E withdrew its objection to the family’s claim to the Bankruptcy Court and did not further contest it (recorded in Judge Dennis Montali’s ruling, April 5, 2021).
On April 20, Beety’s family received a full refund check from PG&E for the $415. surcharge fee, plus $24.17 interest which they had not requested. It is noteworthy that this refund was not a percentage of claim or pennies on the dollar which bankruptcy claims often receive, but a complete refund with interest.
It took facing a bankruptcy judge in court for PG&E to quit fighting and refund fees that were unlawful surcharges under the ADA and that discriminate against disabled people.
Beety said, “With this action, PG&E and other utilities must now halt their practice of charging unlawful “opt-out” surcharge fees to customers disabled by electromagnetic sensitivity or who have other EMF-sensitive medical conditions, and the companies must refund all unlawful surcharge fees already paid by these disabled customers. Utilities must allow the simple, readily achievable, and reasonable disabled accommodation of analog, electromechanical, non-digital utility meters for all disabled persons who require them.”
Remember in 2015 when PG&E was threatening to turn off power to customers refusing to pay their “opt-out” fees.