LAW OFFICE OF MARTIN HOMEC P. O. Box 4471 Davis, California 95617 (530) 867-1850 (530) 686-3968 Fax martinhomec@gmail.

com April 30, 2012 Energy Division Attn: Tariff Unit California Public Utilities Commission 505 Van Ness Avenue, 4th Floor San Francisco, CA 94102 Subject: Protest of Center for Electrosmog Prevention to San Diego Gas and Electric Company Advice Letter 2348-E/2109-G and Advice Letter 2346-E/2107-G The Center for Electrosmog Prevention (CEP) opposes the subject advice letters because they propose to include costs that are not related to the Smart Meter Opt-Out authorized by Decision (D.) 12-04-019. D.12-04-019 orders San Diego Gas and Electric Company (SDG&E) to file one advice letter implementing the interim smart meter optout program. CEP has further concerns and objections to the SDG&E Advice Letter issued. This protest is timely because it is filed within 20 days of the date that Advice Letter 2348-E/2109-G and Advice Letter 2346-E/2107-G were filed. Advice Letter 2346-E/2107-G was not served on the Application (A.) 11-03-015 service list as required by D.12-04-019 Ordering Paragraph 2. We request that this CEP protest not interfere with the immediate and prompt offer of analog meters to SDG&E customers. CEP protests the SDG&E Advice Letter on the following basis: Costs unrelated to the Smart Meter Opt-out appear to be included in Advice Letter 2346-E/2107-G without an explanation of why the costs are those described by Ordering Paragraph 2 of D.12-04-019 section d. The Commission allows SDG&E to record
CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

costs associated with the Opt-Out but SDG&E has not explained why the costs proposed are associated with ratepayers deciding not to accept a smart meter on their homes. The subject advice letters describe a function not related to allowing SDG&Es ratepayers to decide to keep or acquire an analog meter. The computer systems supporting the program will not be used for reading analog meters. The analog meter doesnt use communications equipment and can be read by the ratepayer opting to have their electric use measured and recorded by an analog meter. For example, the Plumas-Sierra Rural Electric Cooperative allows its customers to read their meters and report the readings to their electric service provider for billing purposes: https://www.psrec.coop/meter_read.php 1. CEP would like to know exactly the type of analog meters that will be used, by which manufacturer, for both gas and electric, with assurances that there will be no RF emissions from said meters and that these will be electromechanical. 2. CEP requests that all the exact procedures and timelines for removal of smart meters and installations be provided. For instance, what will be said, exactly, to the customer and how long might it take for smart meter removal and replacement with analog? Will the option of both gas and electric smart meter opt-outs be described to the customer? 3. CEP notes there is no provision for appropriate fees for those who still have the analog meters - minus the change-out fee of $75 (for non-CARE) / $10 (for CARE) customers. There would be no reason to charge for changeout of meters. This week, SDG&E has told one customer who still has an analog meter that SDG&E had allowed her to keep for medical reasons, that this is a "penalty fee". SDG&E should not be allowed to "make up the rules as they go along". Customers with analogs should not be charged the change-out fee. 4. There is no provision for assuring CPUC and customers that when customers call in to any of the SDG&E telephone numbers requesting opt-out information or help with an opt-out that they will be satisfactorily handled. Customers may not know the correct number to call for opt-out and all SDG&E personnel should be able to confirm there is an opt-out and transfer the customer to the opt-out line. We are getting reports that this week customers are calling in to opt-out and repeatedly being told, by multiple SDG&E personnel that there is not an opt-out and it is just for PG&E customers. Customers calling in to the general SDG&E numbers should be immediately transferred to the opt-out line. Customers we have heard from are very upset about this.
CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

5. CEP also requests that the Advice Letter provide assurances that neighboring smart meter signals will not be enhanced (signal turned up), nor that "repeaters" or other RF-emitting devices and infrastructure will be added at the street level to make up for the missing smart meter when a customer opts out, as this would defeat the purpose for those wishing to reduce RF exposure levels. 6. CEP objects to the initial fee and extra monthly charges as illegal, on the basis of property rights and state law. Therefore, CEP requests that these fees be waived. 7. Utility customers (aka Ratepayers) did not provide permission to install smart meters to begin with and were not informed about any negative aspects, such as exposure to pulsed RF radiation, nor that the smart meters contained radio transceivers, which constitute telecommunications equipment. Customers were not told that there would be data collecting on their energy habits and usage, provided to third parties. Customers were not told that safety and environmental testing was waived for these meters by the CPUC, nor have that health and other complaints been pouring in wherever smart meters were installed. Customers were not told that smart meters measure the energy use differently, and that billing typically is higher, sometimes by a large amount, such as 200-300%, following smart meter installation. Customers were not told that smart meters cause dirty electricity on the wiring, or that they are incompatible with older wiring. Customers were not told that smart meters can cause house fires. Customers were not told that smart meters have caused shocks. Customers were not told that there is not a single way for them to verify their energy usage. They were not told about future TOU (Time of Use) rating and billing, or the excessive cost of these smart meters and their short life span. Customers received the smart meters forcibly, with no notice in nearly all cases. Therefore, customers did not make a choice, and certainly not an informed choice. Those who were told anything were falsely told that there was a state and federal mandate. All of these were fraudulent reasons for installation. Therefore, charging customers to receive the original type of meters that are covered in their contract is illegal and these fees must be waived. 8. Customers who reported health effects, safety issues, billing problems, interference with appliances, and overbilling were falsely told that there was a CPUC mandate to install smart meters. In fact this was not true, as CPUC approved - not mandated - installation and wireless is not required as the standard metering in any law, nor does any law mandate smart meters (aka AMI). Therefore the wireless smart meters were fraudulently installed. Smart meters are supposed to be opt-in, if offered at all, according to federal law. Wireless smart meters are not required by state law and all equipment used must be safe for
CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

customers, which smart meters have been shown not to be, overwhelmingly, in practice. Therefore, charging customers for returning to that which they are entitled to is wrong. 9. Smart metering involves installation of telecommunications equipment on private property, for which there is no contract, agreement, nor easement. California Public Utilities Code sections 6001 et seq. allows local governments to grant franchises for electric and gas service to ratepayers but does not allow the CPUC authority to install wireless devices such as smart meters. Neither the CPUC nor the state nor the utility can affect a standard based on illegal installations. Accordingly, the fees for opt-out must be waived. Therefore, customers should pay nothing to have that which they are entitled to legally, to begin with. 10. It would be unjust and unreasonable to require a customer and/or property owner to grant access to SDG&E, to install an on-premises smart meter without prior, fully-informed permission (a) offering to compensate them for SDG&E's use of the Smart Meter to transmit third-party data, (b) requiring SDG&E to indemnify the customer and/or property owner against any damages caused by the smart meter including any violations of FCC operating regulations, and (c) authorizing the customer and/or property owner to shut off the smart meter transmitter if it is operating in violation of Federal Communications Commission (FCC) regulations -- all of which conditions are the norm in other contracts for the placement of radio transceivers. 11. Customers will not choose to opt-out of smart meters for "any reason", but for personal reasons, and some of these will include medical condition, disability, or health, some of which are directly supported or ordered by their physicians. The CPUC and SDG&E cannot legally order the customers or control their reasoning or physician recommendations, to force choosing analogs for no reason, and if they choose it for any reason that includes medical condition, customers are entitled not to pay extra, per California state law, California Public Utilities Code and federal disability laws. It is overwhelmingly obvious that charging extra fees for analog service is against California state laws, and therefore, illegal, to "make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage"1 ..."prejudice, disadvantage, or require different rates or deposit amounts because of medical condition"2, ie. charge customers who make a personal choice for any medical reason, to have analogs due to medical condition, disability, or health reasons, including, but not limited to health impacts, per California Public Utilities Code Section 453, which states:
1 2

California Public Utilities Code Section 453. Section a. California Public Utilities Code Section 453. Section b.

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

(a) No public utility shall, as to rates, charges, service, facilities, or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. (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 Code3... (c) No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities, or in any other respect, either as between localities or as between classes of service. CA Civil Code (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (6) "Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation" includes a perception that the person has any particular characteristic or characteristics within the listed
http://www.spb.ca.gov/civilrights/documents/CALIFORNIA_CODES_11.pdf. 11135. (a) No person in the State of California shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, color, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (b) With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions. (c) (1) As used in this section, "disability" means any mental or physical disability as defined in Section 12926. CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G
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categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.4 (Unruh Civil Rights Act, California Civil Code 51) 12. Some customers with analogs who have not received smart meters, on the Delay list or not, who are not choosing to opt-out for reasons of their own, including their inability to afford the fees, or being upset at being asked to pay fees for that which they are entitled to, or those who may not be at home when the company determines it is time to install a smart meter, or those who do not "affirmatively opt-out" should not be DEEMED to join the opt-out program and be billed. Neither should they receive a smart meter. 13. Therefore: The CPUC's decision does not authorize SDG&E to make any determinations with respect to the wishes of those customers who do not affirmatively opt-out, does not make any determination whatsoever with respect to access to customer premises or the locations where smart meters are placed (including whether they are placed on or off customer home or premises), limits the authorized SDG&E action in the absence of an opt-out to "scheduling" the customer to "receive" a smart meter, and does not authorize imposition of the optout tariff on anyone who does not affirmatively opt out by indicating that they "do not wish to have a smart meter". SDG&E has never previously proposed, and the Commission has never considered, in what circumstances it might not be "reasonable" for a customer to provide access for this purpose. To the extent that SDG&E proposes to include a requirement for customers to "provide reasonable access to SDG&E to install a smart meter" as a criterion of assignment to a particular tariff and/or the assessment of additional fees associated with such a tariff, this requires and CEP hereby requests a formal proceeding including an evidentiary hearing and full consideration of what, if any, provision of access by customers to SDG&E for this purpose is "reasonable", including the factual criteria, the procedures, and the designation of the adjudicator for making such determinations of "reasonableness" in the cases of individual customers. To the extent that SDG&E claims that all such customers "do not wish to have a smart meter", that is also a "material error" of fact5. It would also be unjust and unreasonable to impose a requirement of "reasonable access" without clear
4

"Pursuant to Decision 12-04-019, a customer must affirmatively elect to opt-out of the Smart Meter Program, and shall default to Smart Meter-based utility service absent such an election. If SDG&E makes a field visit to a customers residence for purposes of installing a Smart Meter and the customer does not provide reasonable access to SDG&E to install a Smart Meter after being provided notice of eligibility for service under this Opt-Out Program and not electing to opt-out, the customer shall be deemed to have elected service under this Opt-Out Program." (p.9, SCHEDULE ESMOP Sheet 2, RESIDENTIAL ELECTRIC SMART METER OPT-OUT PROGRAM, SDG&E Advice Letter)

Unruh Civil Rights Act, California Civil Code 51. http://law.onecle.com/california/civil/51.html

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

criteria for what access is reasonable, the procedures for making such determinations of reasonable, and who will make such determinations. It would certainly be unjust and unreasonable to allow such determinations to be made by SDG&E itself. Further, it would be unjust and unreasonable to impose additional fees or a higher tariff on a customer, on the basis of their not granting access to SDG&E to install an on-premises smart meter, when such customers may have no authority to grant access for that purpose, and may even be specifically be forbidden from doing so by existing contracts. 6 14. CEP objects to SDG&E's insertion of an additional type of electric meter, a non-communicating, solid-state meter, to be used for Time-Of-Use or other reasons in the Advice Letter's Special Conditions7 This type of meter was specifically excluded from the SDG&E options and also other utility options, such as PG&E, due to its RF emissions, which customers have never been informed about. It is inappropriate of SDG&E to insert another type of meter when this is contrary to the ALJ order. 15. Billing. SDG&E is not being specific enough about the costs involved with electric rates deriving from the "Otherwise Applicable Rate Schedule (OAS)"8. Customers need to know ahead of time what these rates will be for the future. Further, customers must not be forced or tricked into agreeing to future (or any) costs or rates when signing up for smart meters on an interim basis. The rates should not deviate from the current, normal rates used for all customers with analog and smart meters, based on a tiered system of total energy usage, where customers pay more for using more energy, being allocated
Items # 9-14 referenced from Protest by Pacific Gas and Electric Company customer Edward Hasbrouck and request for evidentiary hearing regarding Advice Letter 3278-G/4006-E (Pacific Gas and Electric Company ID U 39 M) , "Approval of Electric Rate Schedule E-SOP, Residential Electric SmartMeterTM, Opt-Out Program, and Gas Rate Schedule G-SOP, Residential Gas SmartMeter Opt-Out Program, in Compliance with D.12-02-014 (7 March 2012) 7 "1. Metering Equipment. A non-communicating meter will be used to provide electric service for residential customers who elect this option. For the majority of residential customers, these meters will be analog meters. For a small number of residential electric customers that require special meters, these meters will be non-communicating solid-state digital meters. For example, analog meters are not available to support electric time-of-use service, such that analog meters may not be used for electric service under time-of-use rate schedules. Customers served under time-ofuse rate schedules may elect to have an analog non-communicating meter installed and take service under any nontime-of-use schedule for which they are eligible, or, alternatively, may remain on their current time-of-use rate schedule and choose to elect service under this Opt-Out Program using a non-communicating solid state digital time-ofuse meter."(p.9, SCHEDULE E-SMOP Sheet 2, RESIDENTIAL ELECTRIC SMART METER OPT-OUT PROGRAM, SDG&E Advice Letter)
8 6

Ibid p.9

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

a base amount. This is in compliance with California's Energy Policy, which encourages energy conservation, no matter what time of day it is used. If customers with analogs are asked to conserve during periods of energy shortage, they can be informed, encouraged through media, and comply voluntarily. This has been shown to be extraordinarily effective with water conservation, for example. 16. With regards to the gas smart meter opt-out portion in Advice Letter (SCHEDULE G-SMOP Sheet 2, RESIDENTIAL GAS SMART METER OPT-OUT PROGRAM), SDG&E is not clear enough when it refers, on page 14, to: "Metering Equipment. At SDG&Es discretion, the Smart Meter module will be removed from the gas meter, or the gas meter will be exchanged for an analog gas meter, at premises where SDG&E provides gas service." Simply removing the smart meter module does not ensure that an analog module will be replacing it, if these exist. Nor is there a reason given for the discretionary decision by SDG&E as to how gas meter opt-outs will be handled. More information is needed. On page 14, once again, the billing refers to OAS (Otherwise Applicable Rate Schedule) for charges apart from initial fee and monthly charge. CEP reiterates its objections as with the electric billing charges, noted above. With regards to the last paragraph on p. 14, referring to customers who do not affirmatively elect to opt-out or are not present when a smart meter is to be installed on their gas meter and are "deemed" to elect the gas opt-out, CEP reiterates its objections as with the electric opt-out and access statements above. 17. Procedure for Residential Customers to Select the Opt-Out Option (p. 18) CEP objects to the following, in Section 1: "By signing and returning the form, the customer will be considered as having accepted the opt-out program terms."
CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

The terms are not all explained and are written as if they are final. The customer may be signing in order to get the meter off his/her home due to medical or health issues, and may be forced to sign as the only way to survive or be well, thus agreeing to the program terms only under severe, and at times, life-threatening conditions and duress. The customer may not agree at all with the terms and may feel unjustly forced to decide between health and life or doing the only thing that SDG&E and CPUC are willing to let him/her do to get the smart meter off. This is not accepting terms. This is called being forced, under duress. Further, all the terms are not apparent or clear and one cannot agree to a "blank check" for SDG&E. Customers should not be forced to agree to interim pricing or any pricing as if it is permanent and a contract, especially, before being allowed to opt-out. 18. Section 2. The comments for Section 1 apply also to section 2, when applying online. The SDG&E advice letter does not specify whether their personnel will ask a customer why they wish to opt-out, or how that might be handled if a customer volunteers the information. This needs to be clarified. If a customer is opting out for medical reasons of any type, then it will be illegal to charge fees. In that case, this legal option should be explained and the customer allowed to check that box, without being made to explain details. 19. With regards to: Procedure to Inform Residential Customers that the OptOut Option is Available (p. 18): CEP concurs with the concept that all customers should be notified of the opt-out. CEP requests that this should be on an ongoing basis, including when people first move into a residence. They should be informed when they contact the utility to start services, and if there is an analog meter on the residence, they should not be billed a changeout or startup fee. When they call to start services if there is a smart meter on the home, they should be offered an analog immediately that can

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

be installed before occupying the residence, within 24 hours. All customers should be continually reminded of the opt-out option, in perpetuity, as long as there are smart meters, on a regular basis. Bill insert does not notify customers with automatic or online payments, an ongoing solution to this should be added. The bill insert (insert?) should be utilized each month for print billed customers, indefinitely, as should ongoing paid media ads in print and on television. Website information should be readily available and all information related to the opt-out, whether in print, online, or spoken, presented in a supportive, neutral manner. Customers should be alerted to the reasons the opt-out is being offered, and these include concerns about RF (radiofrequency) radiation exposure, safety, billing, privacy, and security concerns. The notices related to the opt-out prepared by SDG&E should be written and prepared, attached to the Advice Letter. 20. Re: Procedure to Inform Residential Delay List Customers of the Opt-Out Option (p. 19): CEP is concerned that SDG&E has not specified how the customer should receive notice if the certified letter cannot be delivered or picked up (as with people who are at work and may or may not have the opportunity or transportation to go to a post office to pick up the undeliverable certified mail), or the time frame for contacting them, number of attempts, whether the recipient must sign, etc. Another person might sign for the letter and then not communicate to the account holder, for instance. CEP suggests that account holders sign for the certified letter, and a follow-up phone call be made to those account holders who are not able to be reached by certified letter, with multiple attempts made at various times, to allow for work hours. 21. Re: Procedure for Residential Customers that do not Provide Reasonable Access to Install a Smart Meter (p. 19)

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

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CEP, as noted above, objects to the assumption that a customer must affirmatively elect to opt-out but then will default to a smart meter service absent such election, as there are circumstances in between which are a "gray" area, where customers, for reasons or circumstances of their own, may not affirmatively elect to opt-out or may not be able to affirmatively opt-out, and should not be forced to receive a smart meter. Being forced to pay for the opt-out is a reason for some to not be able to affirmatively select it, yet these customers may not want nor cannot have a smart meter, due to medical conditions or strong concerns. Wireless smart meters are not the default in state or federal law, and must not be the default in these circumstances. In fact, CEP asserts that analogs are legally and should be, therefore, the default. Pursuant to Decision 12-04-019, a customer must affirmatively elect to opt-out of the smart meter program, and shall default to a smart meter based utility service absent such an election. If SDG&E makes a field visit to a customers residence for purposes of installing a smart meter and the customer does not provide reasonable access to SDG&E to install a smart meter after being provided notice of eligibility for service under this opt-out program and not electing to optout, the customer shall be deemed to have elected service under this opt-out program." Based on all of the above, it is the recommendation of Center for Electrosmog Prevention that the SDG&E Advice Letter be improved, immediately, with respect to the above areas, and be placed on "hold" until then, for contested areas, such as charging and pricing - however, customers should still receive the analog opt-out within the same timeline as previously established. Respectfully submitted by ______/S/ ______________ Martin Homec P. O. Box 4471 Davis, CA 95617 Tel.: (530) 867-1850 E-mail: martinhomec@gmail.com Attorney for Center for Electrosmog Prevention April 30, 2012

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

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Cc: Attn: Megan Caulson Regulatory Tariff Manager 8330 Century Park Court, Room 32C San Diego, CA 92123-1548 Facsimile No. (858) 654-1879 E-mail: mcaulson@semprautilities.com

CEP Protest to SDG&E AL 2348-E/2109-G and AL 2346-E/2107-G

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