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.

California Wildfires and EMF radiation pollution


In Sonoma County California we’ve had 3 major wildfires in the past two months, evacuations, and weeks of toxic smoke. This deadly scenario has played out for several years in a row and the damage to lives, homes, nature, and towns throughout California is unprecedented.  California’s investor owned utility, PG&E, has been found guilty for the majority of the previous fires, including many lives lost.

In 2019 Business Insider reported, “Over 1,500 California fires in the past 6 years — including the deadliest ever — were caused by one company: PG&E.” 

National Geographic reports on the science connecting wildfires to climate change, stating: “Increasing heat, changing rain and snow patterns, shifts in plant communities, and other climate-related changes have vastly increased the likelihood that fires will start more often and burn more intensely and widely than they have in the past.”

What if there are other unexamined reasons for the intensity of these wildfires? Or maybe a combination of reasons? How might the following be a factor? 
 
  • Smart grid equipment that emits microwaves was installed on utility power lines starting around 2013 throughout California.
  • Utility smart meters have caused fires at the meter or in an appliance. Smart meters transmit pulsed radiation every few seconds have dramatically increased microwave pollution. 
  • Trees and plants are stressed, drier, and more fire prone from years of microwave radiation pollution from cell towers, cell phones, smart meters, etc. 
  • Stressed trees and plants emit terpenes which makes them more fire prone.
Scientists conclude plants are stressed by microwave radiation. Here are a few studies:
  •  Eklipse Report: The impacts of artificial Electromagnetic Radiation on wildlife (flora and fauna) “Terpene emission was reported to be enhanced by EMR and could also be considered as a marker of stress perception.” https://www.eklipse-mechanism.eu/documents/15803/0/EMR-KnowledgeOverviewReport_FINAL_27042018.pdf/1326791c-f39f-453c-8115-0d1c9d0ec942

  • Radiofrequency radiation injures trees around mobile phone base stations “Statistical analysis demonstrated that electromagnetic radiation from mobile phone masts is harmful for trees.” https://www.researchgate.net/publication/306435017_Radiofrequency_radiation_injures_trees_around_mobile_phone_base_stations

  • Influence of microwave frequency electromagnetic radiation on terpene emission and content in aromatic plants “There was a direct relationship between microwave-induced structural and chemical modifications of the three plant species studied. These data collectively demonstrate that human-generated microwave pollution can potentially constitute a stress to the plants.” https://pubmed.ncbi.nlm.nih.gov/25050479/

  • Plant Responses to High Frequency Electromagnetic Fields “Indeed, numerous metabolic activities (reactive oxygen species metabolism, α- and β-amylase, Krebs cycle, pentose phosphate pathway, chlorophyll content, terpene emission, etc.) are modified, gene expression altered (calmodulin, calcium-dependent protein kinase, and proteinase inhibitor), and growth reduced (stem elongation and dry weight) after low power (i.e., nonthermal) HF-EMF exposure.  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4769733/

Fairfax Town Council letter to PG&E “Comply with our Ordinances”

Thank you to the Town of Fairfax CA who sent a letter to PG&E asking then to “cease the impending roll-out of SmartMeter installations in Fairfax.”

Fairfax writes, “By PG&E’s actions to proceed with the SmartMeter program in Fairfax, in essence, PG&E is effectively attempting to render the CPUC rehearing review process moot. Furthermore, by continuing forward on installations, PG&E will be in violation of the Town of Fairfax’s Ordinance and would therefore be potentially subject to Code Enforcement Violations.”

2-14-17 Fairfax letter to PGE – SmartMeter Installation

PG&E has threatened both Sebastopol and Fairfax with smart meter installations even though there are appeals pending at the California Public Utilities Commission, and both cities have laws banning smart meter installation.  EMF Safety Network has been quoted in three newspapers recently.

Marin Independent Journal:

Santa Rosa Press Democrat:

Sonoma West Times and News:

We have asked the City of Sebastopol to enforce the ban on smart meters and they have not responded. However, Sebastopol Mayor Una Glass opened public comments at the last city council meeting with a statement referencing the Marin Independant Journal article,“that basically said that this council doesn’t care about smart meters anymore.” She affirmed Sebastopol still has an ordinance that is not repealed and she stated, “We are concerned with the health of our citizens.”

Overview of PG&E/CPUC emails on smart meters

SMARTtower100PG&E deployed over nine million utility “smart meters” on homes and businesses in California. The California Public Utilities Commission (CPUC) supported the multi-billion dollar deployment despite lawsuits and complaints about overcharges, privacy and security risks, fires and explosions, and health problems from the electromagnetic radiation (RF) smart meters emit.

The CPUC is responsible for regulating the utilities to ensure safe and reliable utility service. Instead, they partnered with PG&E and marketing companies on a smart meter propaganda campaign. CPUC President Michael Peevey intentionally delayed the legal process for years so PG&E could complete their deployment, despite knowing smart meters were overcharging and harming customers.

Thousands of emails between PG&E and the CPUC made public this year, illustrate their collusion and corruption. Together they concocted a punitive pay to opt out program, and ignored substantive complaints. The CPUC must address these issues by holding safety hearings, and restoring analog meters without coercive fees.

READ THE REPORT:  http://emfsafetynetwork.org/wp-content/uploads/2015/04/Overview-of-PGECPUC-emails-on-smart-meters.pdf

Smart meter health problems compared

SMARTeffects-v2-100Thanks to Ronald Powell Ph,D for placing two reviews of smart meter health impacts side by side.  He compares the EMF Safety Network Survey results (USA 2011 ) to an Australian peer reviewed study by Dr. Frederica Lamech (AUS 2014).  The results are astoundingly similar, especially when you account for the different methods for gathering the raw data. Network’s survey was distributed online with boxes of symptoms to check off, and Dr. Lamech’s study tallied written responses.

Symptoms after Exposure to Smart Meter Radiation

Structure Report: Smart meter conflict of interest and cover up

www.briannarelle.com

Emails between utility giant PG&E and the California Public Utilities Commission (CPUC) expose conflict of interest and cover up of skyrocketing smart meter bills.  The consultant the CPUC hired in 2010 to investigate the complaints, Structure, had worked for PG&E for the previous five years, and was not “independent” (as claimed in CPUC and PG&E’s misrepresentations).  CPUC President Peevey knew the results of Structure’s investigation long before it was complete, and shared that information with PG&E.  CPUC’s Peevey was aware smart meters were overcharging through personal experience.

The coordinated propaganda campaign between the CPUC, PG&E and marketing firms that resulted in the smart meter deployment couldn’t tolerate news such as the fact that 500,000 smart meters were at risk for overcharging in hot weather.  Peevey’s own bill doubled when a smart meter was installed on his vacation home, causing  him to joke about making The Sea Ranch a smart meter free zone.

The CPUC and PG&E used the Structure report to cover up smart meter problems, and to defend the deployment at the customers’ expense.  These emails suggest that returning to the tried and true analog meters is a viable remedy to avoid future skyrocketing utility costs, and that observant meter readers are a cost-effective way to ensure public and environmental safety.

READ MORE:  http://emfsafetynetwork.org/smart-meters/structure-report-smart-meter-conflict-of-interest-and-cover-up/

We agree with San Bruno: Remove CPUC President Peevey

Recently the City of San Bruno released emails showing the illegal relationship between The California Public Utilities Commission (CPUC) and Pacific Gas and Electric (PG&E).

The City of San Bruno demanded the immediate removal of CPUC President Michael Peevey and substantial penalties against PG&E after it was exposed that top CPUC and PG&E staff engaged in repeated and illegal private conversations in the ongoing CPUC penalty proceeding related to the deadly 2010 PG&E gas pipeline explosion in San Bruno.

“Today’s disclosure demonstrates an ongoing, illicit and illegal relationship between the CPUC and PG&E,” said Mayor Jim Ruane, who released more than 7,000 pages of documents received after San Bruno filed a Public Records Act lawsuit against the CPUC.

ralphBased on our experience with PG&E smart meters and our work at the CPUC, we know this unethical, illicit relationship first hand.  The case against “Ralph Florea” aka Bill Devereaux, the head of PG&E’s smart meter department (who spied on us; circulated private emails to corporate PG&E, the CPUC and others; and sent a spy to photograph our protest) revealed the CPUC and PG&E were discussing our work via emails and held private meetings while our smart meter proceeding was still open.

Emails exchanged between PG&E’s EMF program manager and the CPUC illustrate collusion.  PG&E did not file mandatory exparte legal paperwork. The attached document is redacted by PG&E but you can see the emails are between PG&E and the CPUC.  They are discussing the EMF Safety Network, a conference call, and a letter from the FCC.  See attached: 096SmartMeterInquiry

PG&E created a Technology Advisory Panel (TAP) on smart meters that included members of the CPUC Energy Division, CPUC Division of Ratepayer Advocates (DRA), The Utility Reform Network (TURN), and others, and held meetings at PG&E, but the public was not invited to attend. See one meeting example here: 093SmartMeterInquiry

PG&E trained the CPUC Consumers Affairs Branch (CAB) how to respond to smart meter complaints.  When people called to complain to PG&E about smart meters, then called the CPUC they got the same answer which left customers feeling frustrated and intimidated. See page 281-282

PG&E “Increased frequency of meetings with CAB staff. In addition to regular monthly meetings, met more on as needed basis as Smart Meter concerns began to increase, so CAB staff could provide more accurate and timely responses to customers (2010)”. “PG&E upgraded their phone system to give CAB priority call queue, and provided CAB a Smart Meter Overview to educate and support CAB.”

The EMF Safety Network received many complaints about the CPUC’s response to complaints.  We sent a freedom of information request and asked them “Who tells the Consumer Affairs Branch, and the public advisors office what to tell people who call with complaints about Smart Meters?  Who, or what authority instructs these two divisions on how to respond to ratepayers?

The CPUC attorney responded with: “Phil Enis, a Program Manager with the Commission’s Consumer Service and Information Division, advises the Consumer Affairs Branch regarding responses to customers with complaints about Smart Meters.  Karen Miller, the Public Advisor, also of the Commission’s Consumer Service and Information Division, advises the Public Advisor’s Office staff regarding responses to customers with complaints about Smart Meters.”

No mention of PG&E’s intimate involvement instructing CAB how to respond to Smart Meter complaints.

Thousands of smart meter complaints and the CPUC has never investigated the health risks of pulsed radiation smart meters. Not once has the issue of smart meter safety been addressed in evidentiary hearings.

The CPUC rubber stamped PG&E’s safety claims, based on a declaration from one PG&E employee.

President Michael R. PeeveyAt the core of the debacle is President Michael Peevey who has been the Commissioner for all the major smart meter proceedings. Remember the reassurances the CPUC gave about how the opt-out proceeding would be completed over a year ago?  Nothing has happened in the proceeding since January of 2013.  The CPUC has filed five delays since last December.

The CPUC is promoting smart meters, they are not regulating the utilities to ensure safe and reliable utility service.

This casual culture is also evidenced by CFEE meetings where CPUC Commissioners and utility representatives meet.  At this meeting Commissioners Nancy Ryan, President Peevey and PG&E’s Bottorff are present. It’s business as usual that former Commissioner Loretta Lynch says is illegal and should not be happening.

  • We support the demands by the City of San Bruno to establish a culture that prioritizes “safety first” at the CPUC.
  • We support the immediate removal of Michael Peevey.
  • We support immediate legislation requiring the removal of any and all CPUC employees who have previously been employed by utilities.
  • We condemn the CPUC for repeated delays in the current smart meter proceedings where fees for opting out are being challenged on the basis of safety and medical needs.
  • We demand the CPUC hold evidentiary hearings on smart meter safety.

PG&E's smart pig Peevey
PG&E’s smart pig Peevey

A cultural change focused on safety first should be the CPUC’s highest priority.  Join San Bruno residents and others and demand the removal of CPUC President Peevey. (Petition now closed)

Tell Governor Brown to remove Michael Peevey too: