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, for A.10-04-018 proceeding.
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:
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- 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.
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- 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. All documents related to this application can be found on the CPUC website, for A.11-03-014. 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
- 11/18/2014 Comments on Proposed Decision
- 11/24/2014 REPLY Comments
The CPUC adopted a Decision in December 2014, after a year of delays. It’s available here: https://web.archive.org/web/20160708061103/http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M143/K904/143904205.PDF
- 1/22/2015 Network Rehearing Request D.14-12-078
- 1/31/2019 CPUC denies rehearing
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 websitefor 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.
4/4/2013 Decision available here: https://web.archive.org/web/20160708115711/http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M063/K801/63801628.PDF
5. Civil court case against PG&E for spying
- 11/5/2012 Civil case against PG&E This case was eventually dropped.
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, and “The Impact of Cell Phone Towers on House Prices in Residential Neighborhoods”
- 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, The final decision was in favor of Verizon based on federal preemption.
7. FCC 2013 Reassessment of Federal Communications Commission Radiofrequency Exposure Limits and Policies EMF Safety Network FCC Comments 13-84
8. CPUC Investigation of PG&E Safety I.15-08-019
I have a bank of 32 smart meters installed on the other side of my condo living room wall. They are in the “electric room.” In recent years, I have developed stage 2 lymphoma and vascular disease. My sleeping has been difficult without pills. Since I am 68 years old, I can’t tell if any of these or other maladies are related to sitting next to the wall for many years in my reading chair. Are there any studies dealing with banks of meters like the ones on the other side of my living room wall? If I can find at least one, I may be able to sue my condo association to have the electric room relocated. Thanks.
I live near USC in los angeles and there is EMF and radiation being used on low income residents here it seems to move us out if the area to let more University students replace the area inatead of low income housing. Please help im experiencing symptoms of EMF and i have reported electronic Harrsement to law enforcement and city officials since may 2018. Please help me i need help the perp has construction site next door.
I am a direct target for EMF”s or “microwave”. Unable to find a way to get it turned off again. Public simply unwilling to share needed info to put a stop to this. It took minutes to turn it on;want the same in reverse. HOW? And who can help? So much voltage;can barely move a lot of the time.
I am a direct target for EMF”s or “microwave”. Unable to find a way to get it turned off again. Public simply unwilling to share needed info to put a stop to this. It took minutes to turn it on;want the same in reverse. HOW? And who can help? So much voltage;can barely move a lot of the time. Seems to be an agenda of some kind;no clue what it is.
Maybe doing a survey is too uncomfortable for you? Perhaps just taking a one page handout with some info about the tower and what the science says about health risks, and what your concerns are, plus then what you want them to do about it. If you can get together 3-4 others then you can work together and decide what to do next.
Since this is an elderly community I have been but not alerting the residents because they are older and stress is not good for them and I don’t want any of them to worry themselves to death but I guess it’s about time that I to talk to them I am also afraid of the owners coming down on me I’m sure that they would not like me to organize anything that would make their mobile home park look bad. Presently I am working with Joshua Hart Director of Stop the SmartMeters Organization. I will be conducting a door to door Health survey and I’m scared to death. This is an awful lot to take on. I wish there was a non-profit I could work with locally or a mentor. Someone to hold my hand, truthfully. Thank you for your interest.
You have a terrific collection of posts and graphics on your site. Without resources for legal help, seems like it would be helpful to reach out to more people. Maybe consider putting a couple of your info graphics onto a paper flyer and pass them out to wake more people up to the dangers.
I think we need legal help. Oakley California Cell Tower. Elderly low income community. 7 dead in 7 months. Dead broke too.
https://plus.google.com/116469825263275018168
My wife had went home early the April 21 and an electric department worker had a smart meter in his hands and said we are changing your meter out because of low usage. My wife and I have no kids at home, we have energy conservative bulbs in every light socket in our house, we are not at home during the day. We heat with a top of the line wood burning stove and we sit in the dark watching TV for an average time of 3 hours per day. Our utility bill is an average $75.00. I told them that was not an acceptable reason to change my meter to digital. It does not benefit anyone to conserve, when you conserve they fine ways to extort by raising rates or by using the so called smart meters to spy on you to fine your peek times of usage so they can charge a higher rate. Remember when people start losing power because they can’t pay there bill the Power Companies lose money also. We are on a strict budget and doubling our utilities is not in it. So don’t feel alone, because “YOUR NOT. Stand up and let your voice be heard
We are still opposing these fees in CA too. Until the legal process is exhausted at the Commission,pro bono lawyers are not (so far)stepping in. In case you are not already working with the Maryland group http://marylandsmartmeterawareness.org/
I have run around circles between the Maryland Public Service and Attorney General’s Office to try to get their $75 one time fee and $17 each additional month opt out fee revoked by Delmarva Power. Now I am faced with the first bill of it on. Is there any lawsuit in Maryland, and if not, is there anyone who will probono work with me to get these fees removed? It is extortion to have to pay for someone’s service, or my lack theirof, and neither Public Service Commission nor attorney general’s office seems to think so even with the safety concerns you have found, or issues I had with one month of having a meter on. I am opting out, but want these fees paid back to me and all Marylanders who choose to opt out.
Hi, Which picture are you referring to? Was there a fire?
It is my apartment that is pictured on your home page, and I would like to seek any assistance on what steps I should take to file a small claims lawsuit. It was my home for 22 yrs. It is also a rental complex who will probably settle with the Electric co. and the heck with the tenants. I just need to know what to do without any litigation and extra lawyers fees. They never contacted any one, I really should not be surprised.
I am just a little guy trying to recover something for all I lost, and I lost all my furniture in 3 out 5 rooms, plus a lot of things I could never replace.
I had no insurance, but that still should not mean I am okay with it. PECO is at fault here.
There was a settlement between PG&E and attorney David Kyle over a smart meter fire that killed a man in Vacaville CA. http://stopsmartmeters.org/2013/06/21/when-smart-meters-kill-the-story-of-larry-nikkel-details-emerge-of-vacaville-ca-smart-meter-fire-death/
Please file a complaint with the CPUC. This should be investigated! Its important that they have a record of it.
https://appsssl.cpuc.ca.gov/cpucapplication/
I had a fire on April 21st 2011 at an apartment I rented in Eureka, CA. The meter housing for the 5 unit apartment (old Victorian divided into 5 units) was located right outside my front door. When we first tried to escape the house after the fire started, two of the recently installed smart meters were on fire. Soon after all five of the smart meters were engulfed in flames. They were shooting out arcs or what looked to be fire balls. We were unable to exit through the only door and had to exit the bldg out the rear bedroom window. I have already started a suit with pge and Landis Gry, Inc. the manufacturer of the smart meter. I do not feel that I am being represented fairly as they are trying to get me to settle for a ridiculous amount of money. The fire has already been determined by the property’s owners insurance company to have originated on the smart meter. After their investigation the pge paid the property owner a settlement. There is a lot more I have left undisclosed. Are there any law firms in Northern California that are already familiar with fires like mine?
Contact Brad Leigh at the Leigh Law Firm (281) 419-3476.
centerpoint adjuster says i was late paying my bill , so when they shut my power and two hours later turned it back on , my refrigerator made some weird noises fried mother board , $440.00
same thing on my $2700.00 G.E. Refer.
my microwave came back on but with a very dim light..
I just replaced two compassores in my two air conditioning units , after the smart meter came back on it blew out another compassador .
the CENTERPOINT ADJUSTER IN HOUSTON TEXAS SAYS …
ITS MY FAULT….
Such sad events for humans, and all living things, in California
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.