CPUC Hangs PSREC’s Marshall Out to Dry in News Article

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Yesterday’s front page article in the Portola Reporter about our case revealed the fact that the California Public Utilities Commission (CPUC) is increasingly distancing itself from the legal debacle that PSREC brought upon themselves when they illegally disconnected our electricity on Feb. 19th, 2014.

This is certainly a change of tune from a CPUC response to a legislative request soon after our disconnect, when they proclaimed that PSREC was fully within their rights to disconnect us. It’s clear they don’t want our victory here in Plumas County to “infect” the rest of the state and its millions of investor-owned-utility (IOU) customers, though laws like §453b (prohibiting charging more to people with disabilities) and §451 (prohibition of charging more to protect safety) are equally valid elsewhere in the state. Thus it was that the CPUC hung Mr. Marshall out to dry in this week’s local paper, simultaneously undermining PSREC’s entire legal strategy.

Bob Marshall claims that he restored our electricity “in good faith.”  Why then couldn’t he have used that “good faith” to turn on our electricity when he received a (second) doctor’s letter in June 2014 that my wife was home alone for weeks with an injured arm and couldn’t even carry water from the stove to the sink, and that her temporary disability required that she have the electricity needed to cook and shower?

The truth is that PSREC turned on our electricity only under pressure from a superior court judge, and to avoid further facts coming out that would embarrass them publicly.

Here in Plumas County, wealthy people with long driveways are given analog meters that are less risky to health and less of a fire and explosion risk, and they are permitted to self-read these analogs at no extra charge.  Meanwhile PSREC is continuing to attempt to charge the rest of us a significant fee for the same service, and to avoid the riskier meters.  PSREC needs to drop the fees altogether and provide analogs at no charge to anyone regardless of the reason. If they refuse to do the reasonable thing, people should take them to court. After all, their policy is built on very shaky legal ground, as the CPUC themselves have confirmed.

Posted in California, Citizen rebellion, CPUC, Democracy, Electro-Hyper-Sensitivity, health effects, legal issues, Physicians, Plumas County, PSREC | 2 Comments

Californians: Oppose AB57: Cell Tower Fast Track Legislation

Screen Shot 2015-07-13 at 2.25.41 PMOppose Industry- Backed Cell Tower Fast Track Legislation
Speak Out Against California Assembly Bill AB 57

We are alarmed about the latest attempted takeover by the wireless industry, California State Assembly Bill AB 57.  This bill would give wireless companies “super-rights,” not intended by either Congress or the FCC, and special state-level rights intended to prevent the public using the local planning process to stop cell sites detrimental to community aesthetics, property values and health.  The reason the wireless industry needs this bill is the widespread and growing rebellion in California against wireless installations, caused in part by awareness raised over the past five years’ smart meter debacle & health crisis.

URGENT: Contact your State Senator TODAY!

For more info, links, and to take action, go to our AB57 Page

Posted in California, Citizen rebellion, Democracy, health effects, neighborhood organizing | 2 Comments

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:

PSREC Brief
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.

Posted in California, Citizen rebellion, Electro-Hyper-Sensitivity, legal issues, Plumas County, PSREC | 12 Comments

Maine Coalition to Stop Smart Meters! Challenge to Ruling that Smart Meters are “Safe Enough”

MAineStopSMartMeter LogoLegal update from Maine Coalition to Stop Smart Meters!:

After a 3 year PUC investigation into the health and safety of smart meters following a Supreme Court remand, the Commission ruled smart meters were basically “safe enough.” There was no vote held by the two commissioners and one of them recognized RF could probably cause adverse health effects and thought no cost opt outs [using a smart meter with transmitter disabled] should be available when suggested by a physician. Because the opinion made little sense and Central Maine Power never met their statutory burden to show safety was ensured with smart meters, opponents have appealed the decision, once more to the Maine Supreme Judicial Court.

You can read the text of the legal brief here.  Well worth a read for anyone fighting smart meters, it lays out the arguments and evidence nicely. Now let’s hope the Maine Supreme Judicial Court is independent enough to make a just decision.

Posted in Citizen rebellion, legal issues, Maine, radio-frequency radiation | Leave a comment

Indiana Regulators Reject Duke Energy Smart Meter Plan

smart-meter-deniedThanks to SmartGridAwareness.org for this encouraging update:

“State regulators have rejected a proposal from Duke Energy to raise customers’ rates (to install “smart” meters).  The Indiana Utility Regulatory Commission said in early May in a ruling that the company didn’t provide enough details for its $1.9 billion, seven-year plan.”

Read full post here.

Posted in Smart Grid | Leave a comment