EMF Safety Network Legal filings
1. CPUC Application A.10-04-018: EMF Safety Network filed an application with the California Public Utilities Commission (CPUC) on Smart Meters in April of 2010. This application was in response to two previous CPUC Decisions: D.06-07-027 and D.09-03-026 All documents related to this application can be found on the CPUC website, click on the documents tab. A.10-04-018 proceeding documents.
In this proceeding, although the CPUC and Consumer Affairs Branch (CAB) refer to it as proof they addressed Smart Meter health and safety complaints; no pre-hearing conference, no testimony, and no hearings were held. None of PG&E’s claims of Smart Meter safety were ever cross examined. EMF Safety Network filings in this proceeding:
- 4/06/2010 Application filed with the CPUC A. 10-04-018
- 5/27/2010 Response to PG&E’s Request for Dismissal
- 9/14/2010 Exparte Meeting at CPUC and Smart Meter Briefing by Sage and Carpenter
- 11/15/2010 Comments on Proposed Decision
- 11/22/2010 Reply Comments
- 12/02/2010: the CPUC dismissed our application D.10-12-001
- 1/05/ 2011: EMF Safety Network filed an: Application for Rehearing A.10-04-018
- 6/07/ 2012: the CPUC denied the rehearing request: D.12-01-017
2. Lawsuit against the CPUC and PG&E: Following the CPUC denial of the rehearing request we retained Best Best and Kreiger who filed the lawsuit in CA 1st Court of Appeals.
- 7/11/ 2012: Best Best and Krieger filed a Petition for writ of review
- 8/15/2012 CPUC response: CPUC Answer to Petition
- 9/10/2012 Best Best and Kriegers reply: Reply to Answer to Petition for Writ of Review
December 14 2012- The CA appeals court’s ruling denied the lawsuit. There was no written order provided.
3. CPUC Smart Meter Opt Out Proceeding A. 11-03-014: In March 2011 CPUC President Michael Peevey ordered PG&E to create a Smart Meter opt out program. Documents related to this proceeding, which is now consolidated to include all CA investor owned utilities can be found here: A.11-03-014 proceeding documents. Click on the documents tab, and note there is more than one page of filings. EMF Safety Network filings in this proceeding:
- 3/24/2011 Protest of PG&E’s Application
- 4/25/2011 Motion for Reassignment
- 12/12/2011 Comments on Proposed Decision
- 12/16/2011 Exparte- Letter to the Commissioners, Attachment
- 12/19/2011 Reply Comments
- 1/30/2012 Exparte Letter to Commissioners, Attachment
- 5/14/2012 Pre-Hearing Conference Statement Begin Phase 2
- 5/14/2012 Response in Support of Motion of Marin et al
- 7/16/2012 Legal Brief
- 7/24/2012 Motion to Accept Declarations in Brief
- 7/30/2012 Reply Brief
- 8/10/2012 Motion to Defer Smart Meter Deployment in Sebastopol, and attached Sebastopol Resolution
- 10/05/2012 Testimony of Sandi Maurer served
- 10/26/2012 Rebuttal Testimony of Sandi Maurer served
- 1/11/2013 Opening Brief
- 1/25/2013 Reply Brief
4. CPUC Investigation of PG&E for Spying I.12-04-010: The CPUC opened an investigation of PG&E for spying on “anti Smart-Meter” customers: CPSD Staff Report and Attachments to CPSD Staff Report. Documents related to this Investigation can be found on the CPUC website, click on the documents tab: I.12-04-010. Commentary can be read here: PG&E’s spying may cost them and PG&E “Ralph” Investigation. In addition to discovery and settlement meetings, EMF Safety Network filings in this proceeding:
- 6/5/12 Motion for Party Status
- 6/5/12 Protest to Protective Order
11/26/2012 PG&E, Consumer Protection and Safety Division (CPSD) and The Utility Reform Network (TURN) filed a Joint Motion For Approval of Settlement and Joint Settlement Agreement . EMF Safety Network, Stop Smart Meters and EON are involved in this proceeding and oppose the settlement. EMF Safety Network Comments and Opposition
5. Civil court case against PG&E for spying
- 11/5/2012 Civil case against PG&E
6. CEQA Lawsuit Sebastopol Verizon 4G cell tower: In January of 2012 the EMF Safety Network filed a petition against Verizon and the City of Sebastopol (they have a hold harmless clause with Verizon) alleging California Environmental Quality Act (CEQA) violations in for exempting the addition of 4G radiation to existing cell tower downtown Sebastopol, on city property. Environmental attorney Rose Zoia is handling this case.
- 9/21/2011 EMF Safety Network Tower Appeal 3 attachments: Bioassay, Cell Towers Effects on Wildlife, Property Devaluation Cell Towers
- 1/11/2012 Petition (amended)
- 7/2/2012 Sebastopol – Joint Answer to Petition
- 7/16/2012 Opening Brief
- 8/23/2012 Joint Opposition Brief of Real Parties
- 8/23/2012 City’s Opposition Brief
- 10/1/2012 Reply Brief
The court hearing was held on Friday December 7, 2012 in Superior Court for Sonoma County. The preliminary judgement favored federal preemption, which our lawyer argued against in the hearing, A final decision will be rendered by March 2013.
If the “contract” between the customers and PG&E originally applied to analog meters, and if changing the contract involved withholding information, ignoring science and testimony and dismissing legitimate concerns, then isn’t the contract for “smart” meters in violation of the law and the public trust that the PUC should safeguard?
When we “Opt-Out”, aren’t we agreeing…by submitting to and participating in the contract…..to the legitimacy of an otherwise illegitimate contract??? Doesn’t that therefore give PG&E the power to say that we consumers who refuse the smart meters have agreed to their terms? By agreeing to opt-out now, we are postponing the installation of smart meters, not refusing them outright, according to PG&E.
I have been given notice that I must accept the smart meters on my home or sign the opt-out before the end of the month…..no other choice. As a result, I’m facing having my power shut off and the potential of punitive fees if power is restored at a later date.
Such sad events for humans, and all living things, in California
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