SDG&E Says Smart Meter Opt-Out charge is a “Penalty Fee”

Sent from Susan Foster

Dear CPUC Commissioners and Judge Amy Yip Kikugawa:

I am an SDG&E customer writing in opposition to the $75.00 fee I must pay to SDG&E to keep my analogue meter that was never removed when smart meters were originally installed in my neighborhood in Rancho Santa Fe, CA. I wrote to SDG&E prior to installation, advising them of my medical condition along with a letter from my cardiologist, as well as a scientific study linking RF radiation to cardiac arrhythmia. SDG&E eventually decided to label my home as a “bypass”, and therefore I have retained my original analogue meters.

When I called SDG&E on April 24 to ask why I needed to pay $75 since there would be no actual work done at my home because I had retained the original meters, I was informed that for me the $75 was a “penalty fee.” I was surprised at this terminology, as I read Judge Amy Yip Kikugawa’s rulings with respect to the opt-out, and I do not see where a “penalty fee” is to be assessed. I thought we had the freedom to choose whether or not to accept a smart meter. Nowhere in the Administrative Law Judge’s ruling do I see justification for penalizing a customer with a medical condition for opting to bypass a meter that would cause harm to my health when that customer requires no work to be done on her property.

In fact, it is my understanding that I have already paid SDG&E through increased fees for installation of smart meters I never had installed, as well as through my Federal tax dollars for stimulus funds that have funded this smart meter program, at least in part. Where is the logic in a penalty fee under such circumstances?

I asked the SDG&E employee who said I was being assessed a “penalty fee” to check and see if she was using the right terminology with me. After a short time on hold, she returned to the phone to tell me her original statement was correct.

Could you please explain SDG&E’s justification for assessing a “penalty fee” when I am simply asking to protect my health, which I have every right to do.

Thank you for your prompt reply, as I must respond via certified letter before June 15, 2012.

Respectfully Yours,

Susan Foster

4 thoughts on “SDG&E Says Smart Meter Opt-Out charge is a “Penalty Fee””

  1. Ron – great post – I just read this for Colorado – since a lot of people looking into the illegal fees and forced installs.

  2. California Public Utilities Code Section 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. A person who has exhausted all administrative remedies with the commission may institute a suit for injunctive relief and reasonable attorney’s fees in cases of an alleged violation of this subdivision. If successful in litigation, the prevailing party shall be awarded attorney’s fees.”

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