Victory in 16-month Standoff as PSREC Drops Fees and Restores Electric Service

IMG_1024At the appeal court hearing on June 29th, after it was revealed that Superior Court Judge Ira Kaufman has a no-cost self-read analog meter at his home, and after PSREC’s legal arguments defending their “opt out” program fell apart, the utility’s General Manager Bob Marshall agreed to reconnect our electricity, drop all past fees and provide self-read analog service at no charge.

Electricity was restored at our home on Thursday afternoon, and the analog meter remains in place.

Thank you to our attorney Michael Jackson, and everyone who has supported us and kept us going through our 16-month stand. It has not always been easy.  However, when push comes to shove, it is clear that utility company bullying just does not stand up in court.

In the end, PSREC did not want medical experts testifying about the health hazards of their smart meters.  Their desire to “have their cake and eat it too” significantly undermined their case.  For example, they claimed their AMR meters were not “smart meters” but then insisted that the recent CPUC smart meter decision justified their ability to charge residents fees for avoiding them.  They proclaimed their independence–as a cooperative–from CPUC regulations, but then leaned heavily on the CPUC’s December opt out decision–limited to the four main investor owned utilities in California, to justify the legality of those fees.

The takeaway? For customers of municipal or cooperative electric utilities not regulated by a state utility commission, small claims and superior courts are able and often willing to take an independent look at the legality of utility policies, unencumbered by state regulatory decisions. Don’t just go along with a forced smart meter or unjust fees- take them to court!

Here are the legal briefs submitted for the appeals phase of our case, available for download:

Hart Response Brief

Hart v. PSREC is officially still an open case pending the signing of a written agreement this week. We reserve the right to a superior court trial if PSREC fails to carry out any of the agreed actions.

This entry was posted in California, Citizen rebellion, Electro-Hyper-Sensitivity, legal issues, Plumas County, PSREC. Bookmark the permalink.

12 Responses to Victory in 16-month Standoff as PSREC Drops Fees and Restores Electric Service

  1. dreth says:

    I bet PSREC was pissed they had to re-connect your power.
    I bet they will intentionally try to pay someone to crash their car into the pole to dis-connect your power once more.

  2. Terri says:

    Congratulations! Your patience and courage are so inspiring, and have resulted in a BIG win, for people around the world. Thank you for leading the way by example, when it was not an easy thing to do. Please accept a donation as an offering of appreciation to both of you. You’ve been through so much, and your actions will make such a positive difference as we continue to fight this worthy battle.

  3. WestPointGrandma says:

    Josh, I am so happy for you. You have fought the good fight and won!!!!

  4. Well done Josh and family!
    You stood firm and have won a victory which helps all people who have been harmed by smart meters.
    You are an inspiration to others who are still fighting against dangerous electrical meters.

  5. Jennifer Wood says:

    Congratulations, Josh and family. Thank you for your patience and intelligence, standing firm and refusing to be bullied. If everyone of us does this, the situation will change.

  6. Gloria Frank says:

    Josh and family, I am elated for you and it has been a long wait, but worth getting everything that you deserve during this long drawn out ordeal. My, you must be so relieved.

    Take good care, Gloria

  7. Robert Riedlinger says:

    GOOD FOR YOU JOSH-The whole world must follow your foot steps and get sanity back in our governments.We need you up here in Canada ,BADLY!!

  8. John says:

    Well Fortis is threatening to cut our power in a week or so if we do not take the $mart Meter. We’ll see if their bark has bite. For now, preparing my family, wife and 3 children, to have the lights go out 🙂 Looking forward to the challenge. If we don’t take a stand, who will? Hats off to you Josh!

  9. Tanya says:

    Josh, I’m so pleased for you. Well done for hanging in there while doing it tough.

  10. Dafna Tachover says:

    Dear Josh. So happy for you and joining the comments here to say that you are an inspiration and the “real deal”.
    When I went to study law, I put a quote from the movie “Philadelphia” on my notebooks: “Andrew Beckett: It’s that every now and again – not often, but occasionally – you get to be a part of justice being done. That really is quite a thrill when that happens.” As we know from our cause all too well, Justice is rarely found in Court (and in life). But I’m happy you got to be part of it being done…You deserved it.

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