20220707Petition.pdf

Soft USftts
Foundatlon
;i:i-li:iVEt)
1lj; ":;_l_ -J f,it g: h5 9450 SW Gemini Drive
PMB '14671Beaverton, OR 97008
Mark Baker
President
Soft Lights Foundation
www.softlights.ors
mbaker@softliehts,ore
234-206-L977
luly 6,2O22
BY EMAIT
Jan Noriyuki, Secretary
ldaho Public Utilities Commission
secretary@ puc.idaho.gov
Re: Petition forthe Regulation of Light Emitting Diodos
Dear Jan Noriyuki,
Please find attached our initial filing "ldaho PUC tED Filing.pdf which petitions the ldaho PUC to
regulate LED streetlights.
Sincerely,
An*.eb-
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Mark Baker
President
Soft Lights Foundation
9450 SW Gemini Drive PMB 44671
Beaverton, OR 97008
Phone: [phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the matter of the Petition for the
Regulation of Light Emitting Diode
Streetlights case No. (rfle - F - 2a-o2-
Petition to Require FDA Approval of
LED Streetlights
I. INTRODUCTION
The US Food and Drug Administration has not approved Light Emitting
Diode products and has not developed regulations for LEDs. LED light has been
shown to be toxic, dangerous, and discriminatory. LEDs emit a directed beam
of non-uniform energy and is thus a low-quality light. LEDs are not energy
efficient because they do not provide the same quality of light as previous
technologies.
II. STATEMENT OF FACTS
A. Regulation of Electromagnetic Radiation
In 1968, Congress passed the Radiation Control for Health and Safety Act
which directed the Food and Drug Administration to regulate electronic products
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and the electromagnetic radiation emitted by those products, including visible
light. The FDA issued Title 21, Paft I, Subchapter J, Part 1040 in the Code of
Federal Regulations which is titled Performance Standards for Light-Emitting
Products. The FDA has issued 21 CFR Paft 1040.10 Laser products., Part
t040.20 Sunlamp products and ultraviolet lamps intended for use in sunlamp
products., and Part 1040.30 High-intensity mercury vapor discharge lamps.
In 2018, the FDA posted the statement on the FDA's website, "LEDs
(Light Emitting Diodes) are different from laser diodes and are not subject to
the Federal laser product performance standard."L This statement does not
clarify whether LEDs have never been regulated by the FDA, or if the FDA had
been previously regulating LEDs under Paft 1040.10 but has now stopped
regulating LEDs within Part 1040.10. In eithercase, this lack of regulation of
LEDs violates Congress'mandate in the 1968 Radiation Control for Health and
Safety Act to regulate electromagnetic radiation.
LEDs were invented in the 1960s, so FDA regulation of Light Emitting
Diodes should have occurred long ago. As we can see, however, Part 1040
Performance Standards for Light-Emitting Products is missing Subpart tO4O.40
Light Emitting Diode products.
The significance of these statements is that any utility company that sells,
installs, or operates LED streetlights is doing so without FDA approval. The FDA
I https://www.fda.eov/radiation-emitting-products/home-business-and-entertainment-products/laser-oroducts-and-
instruments
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has not published studies on the health impacts of LED light and has not
published regulations to protect the health and welfare of the public. The
installation and operation of unapproved, unregulated LED streetlights
endangers public health and safety.
B. Light Emitting Diodes
There are two types of light sources: point sources and surface sources.
Point source: A point source emits light from a curved surface which
results in spatially uniform energy, and which can be modeled as a
mathematical point. Brightness is measured with luminous intensity in candela.
Examples include the sun, a candle, an incandescent light bulb, fluorescent, and
High-Pressure Sodium.
Surface source: A surface source emits light from a non-curved, flat
surface which results in spatially non-uniform energy, and which creates a 3D
Lambertian mathematical shape. Brightness is measured with luminance in nits
(candela per square meter). An example is a Light Emitting Diode,
Cellular organisms and viruses have evolved with the uniform energy of
point source light. The introduction of non-uniform energy from surface source
devices has created new type of light. For humans and other biological
systems, this surface source LED light is a low-quality light because of its spatial
non-uniformity, piecewise spectral power distribution, and square wave flicker.
The diagram below shows a comparison of the spatial, spectral, and temporal
properties of point source versus surface source light.
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lncandescentra. Light Emittins Diode (LED)
Spatial
Spectral
Temporal
High Quality Light
lncandescent
Uniform Luminance
Low Quality Light
LED
+
Non-Uniform Luminance
fi
\
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2.
aI
!i
Low Blue
Continuously I ncreasing
rii-*ir.
Analog Sine Wave DigitalSquare Wave
W.narll'ieil,
Blue Spike
Piecewise
t,.t
t.
t,.t
I.
Figure I - Incandescent vs. LED
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The Institute of Electrical and Electronics Engineers has published a peer-
reviewed afticle by Dr. Nisa Khan that details the calculus mathematics used to
describe the Lambertian shape of a flat-surface source.2 Figure 2 from the IEEE
article shows how light from a flat surface LED chip does not produce spatially
uniform energy. This view is a 2D cross-section of 3D space.
viewer
lr"r= dOdA(L)
I 0)=dA
dA
Figure 2 - I-ambert's Cosine Law
This mathematical proof that LED light is spatially non-uniform is of
utmost impoftance for the installation and operation of LED products. LED light
has different energies and characteristics at every point in 3D space which
httrs ://ieeexplore.ieee.ore/docu ment/8879542
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means that previous formulas, calculations, and regulations that assumed
uniform luminance cannot be used with LED products.
C. Health, Safety, and Comfort
The low quality of LED light has been shown to have significant negative
impacts on human health, safety, and comfoft, including causing epileptic
seizures, migraines, panic attacks, nausea, loss of balance, reduced visual
perception, anxiety, anger, agitation, and eye injury.
1. Neurological Health, Safety, and Comfoft
The FDA has not set standards to protect all members of the public,
including those who are especially sensitive to LED light. It may be that LED
light is so toxic that it cannot be used for the purpose of illumination. lust
because there are already hundreds of millions of LED sources already in the
environment does not justify continuing to allow harm to members of the
public who are sensitive to LED light.
The study Dailv blue-liqht exposure shortens lifespan and causes brain
neurodeqeneration in Drosophila was published on October t7, 2OL9.3 The
study concluded that "b/ue light may cause brain degeneration as well as
https://www.nature.com/articles/s4 I 5 I 4-0 I 9-003 8-6
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retinal damage and reduce the lifespan."4 This is extremely significant as
many LED products emit excessive amounts of blue wavelength light.
There is a lack of formal, supervised study of the impacts of the
spatially non-uniform energy of LED light on humans. However, there is
significant documented evidence via personal stories of serious negative
reactions to LED light that cannot be explained by the square wave flicker or
blue wavelength light alone. LED light is very dense and yet within that
density, the energy is non-uniform. Exactly how this effects our nervous
system has not been formally studied in detail, and yet we already know the
consequences from the telling of personal experiences.
MarieAnn Cherry testified to the New York State Public Service
Commission on May 16, 2022.s Ms. Cherry opened her testimony by saying,
"I have epilepsy and migralepsy. I cannot neurologically tolerate any LED
exposure, and I am thrown instantly into violent seizures from the briefest
strike of LED light." Ms. Cherry does not experience these seizures when
exposed to incandescent or High-Pressure Sodium light. The difference is
the spatially non-uniform energy from LEDs that trigger Ms. Cherry's
seizures. These LED lights are currently used in public streetlights,
preventing Ms. Cherry from using the public roads when these LED
a https://www.news-medical.net/news/20191018/Blue-light-and-fruit-flies-a-warnins-for-humans.aspx
5 httos://documents.dps.ny.eov/public/MatterManagement/CaseMaster.aspx?MattercaseNo=21-
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streetlights are turned on. The FDA has not regulated LED products so that
people like Ms. Cherry are protected from life-threatening seizures. This
means that the FDA has not set health, safety, and comfort requirements for
spatial uniformity, peak luminance and peak radiance, spectral power
distribution, and square wave flicker.
Elaine Dennehy testified to the Irish Parliament on February 3,2022.6
Ms. Dennehy opened her testimony by saying, "I thank the committee very
much for this oppoftunity. I also hope that this can help, in many ways, the
others who are suffering around the world from light emitting diode, LED,
sensitivity and artificial light sensitivity. I have been made ill from LEDs since
2007. It is more than a sensitivity; it is a disability. I am disabled by my
environment, like so many others, and excluded from society. This is also an
accessibility issue." The fact that the use of LED light excludes Ms. Dennehy
from society is a serious concern. Utility companies must understand the
toxicity of spatially non-uniform LED light and its impacts on human nerves
and consider these factors in the installation and operation of LED products.
Additional References :
a. NYSPSC Case Number 2L-O26237
b. Soft Lights Foundation Documented Stories of LED Harmg
6 https://www.oireachtas.ielen/debates/debate/joint-committee on disabiliw matters/2022-02'03/2/
7 https://documents.dns.ny.sov/public/MatterManasemenUCaseMaster.aspx?MattercaseNo:21-
02623 &CaseSearch=SearchI http ://www.softliehts.ors/stories/
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c. LightAware Charity Documented Stories of LED Harms
d. Soft Lights Foundation Collection of Research Articleslo
2. Eye Health, Safety, and Comfoft
The energy from LEDs is measured both with luminance and radiance.
The FDA has not set maximum safety standards using either metric. The
FDA has not set standards for preventing eye damage or discomfort.
The company Fireflier published the afticle What is Photobiological
Safety Standard? in April zOzLLL. The article concludes, "the risks posed by
these new sources of light are also rooted in their intrinsic characteristics:
high optical output in a small package (producing a high radiance
level) associated with significant blue light emission. The combination of
these two factors can potentially increase the risk of photochemical damage
of the retina, in comparison with the incandescent lamp and the fluorescent
lamp." FDA regulation of LED light is a necessity.
The operator's manual for the Ryobi PTOS Flashlight includes the
following: "WARNING: Do not direct the light beam at persons or
animals and do not stare into the beam yourself (not even from a
distance) Staring into the light beam may result in serious injury or
e https://l i ehtaware.ore/about/individual-stories/
r0 https://www.soft lishts.orq/resources/
I t https://fi refl ier.com/what-is-photobioloeical-safety-standard/
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vision loss." The warning also refers to children, who along with infants are
an identified high-risk population vulnerable to LED-exposure harm. Babies
often lack an adult's automatic, self-protective aversion response to bright or
intense light, and will stare directly at the source. The parenthetical "(not
even from a distance)" indicates a high level of danger.
Ryobi's decision to include "not even from a distance" is significant.
LEDs emit very dense light that can travel long distances with very little
dispersion, so Ryobi is correct about the dangers. Utility companies that sell,
install, or operate LED streetlights that are known to be dangerous and have
no FDA approval and no FDA regulations are liable for the injuries caused by
LED streetlights.
D. Existing Standards for Illumination
Existing standards for illumination are based on point source light. These
standards assume that the light is spatially uniform. An example is the
Illuminating Engineering Society RP-8-18 Recommended Practice for Design and
Maintenance of Roadway and Parking Facility Lighting was written for point
source light such as High-Pressure Sodium. Because LEDs emit spatially non-
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A wnnNNG:
Do not dilect the li11ht bean at p€rsons or animals md
do not stare intothe light beam yoursetf (mt even ftom a
dtstance). Staring intothelightbeam mayrcsult ln sariorrs
injury or vision bss.
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uniform light, utility companies cannot use standards such as IES RP-8-18 for
LED streetlights. A new standard must be written that accounts for the spatially
non-uniform light.
Cree Lighting is the first company in the industry to admit that the
industry has been measuring LED tight incorrectly.12 Cree states, "Not one of
the existing metrics takes into account the non-uniform emitting surface of a
LED luminaire." This statement is very important for utility companies to
understand. Cree is stating what no utility company has so far admitted, which
is that LED light is spatially non-uniform and that there are no measurement
standards that are taking this spatial non-uniformity into account. Cree also
writes, "We also bring a call for urgency to this work. Without a speedy
agreement on metrics for measuring LED intensity, photometry, and LED
spacing, we will be installing millions of LED luminaires for sfreef lighting
that are not suitable for use, could even be described as dangerous,
and that will be costly to replace."
Existing devices that measure light in far-field cannot be used to measure
sutface light due to lack of precision and lack of firmware and software designed
to process spatially non-uniform light.
E. Energy Efficiency Claim
I 2 https://online.fl ippinebook.com/view/702884488/
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The definition of energy efficiency is providing the same quality of
service using less energy. This means that when LED light is compared
against High-Pressure Sodium light, the light quality must be equivalent in order
to state whether LED is more energy efficient than High-Pressure Sodium.
Since LED light is spatially non-uniform, has a piecewise spectral power
distribution shape, and has square wave flicker, the light quality of LED is much
lower than the light quality of High-Pressure Sodium. Therefore, the claim that
LEDs are more energy efficient than High-Pressure Sodium cannot be made
because the two sources are not providing the same quality of service. LED
light is simply a low-quality light.
In general, the utility companies have falsely equated luminous efficacy
with energy efficiency. When two lighting products emit the same quality of
light, then luminous efficacy is equivalent to energy efficiency. For example, for
two LED products, one with a luminous efficacy of 60 lumens per watt and the
other at 100 lumens per watt, the 100 lumens/watt LED is more energy
efficient. However, for two lighting products that have different output
qualities, such as a comparison between High-Pressure Sodium and an LED,
luminous efficacy does not equate to energy efficiency. Utility companies
cannot truthfully claim that LED streetlights are energy efficient when compared
to HPS because the two products provide different quality of service and
therefore no energy efficiency comparison can be made.
Figure 3 shows LED streetlights on the left and HPS streetlights on the
right. The photo shows the excessive and dangerous glare, the toxic blue/purple
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wavelengths, the zebra pattern on the ground from the non-uniform luminance
and the exceedingly high peak luminance.
Figure 3 - LED vs. HPS Streetlights
F. Conclusion
Light Emitting Diodes emit an entirely different type of light than
incandescent because the light is emitted from a flat suface, thus creating non-
uniform luminance. In addition, LEDs have a piecewise spectral power
distribution and square wave flicker. The quality of LED light is much lower
than the quality of High-Pressure Sodium light. The low quality of LED light
causes serious negative health effects, including seizures, migraines, and
emotional trauma, as well as a high risk of eye injury. LED devices are not
energy efficient because they don't produce the same quality of light as HPS.
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In just the past two decades, LEDs have proliferated across the world in
almost unimaginably large numbers, almost entirely without regulation. This
has led to very serious negative consequences for the health, safety, comfoft,
and civil rights of the public.
Congress has mandated that the FDA regulate electromagnetic radiation
from electronic products, including visible light. Therefore, utility companies
must either petition the FDA or wait for the FDA to issue CFR 21 Part 1040.40
LED products which will regulate spatial uniformity, peak luminance and peak
radiance, spectral power distribution, and square wave flicker to ensure the
health, safety, comfort, and civil rights of the public, especially those who are
LED light-disabled.
III. UTILITY COMPAI\Y REBUTTALS
We anticipate that the utility companies will attempt to rebut the facts.
In this section we provide responses to their anticipated rebuttals.
A. Health Studies
A utility company may respond that they are unaware of any formal peer
reviewed studies that show negative impacts on human health from LED lights.
The counter to this argument is that the utility companies have installed LED
products without waiting for the FDA to study the health effects of LED light.
The FDA has not published studies on how spatially non-uniform LED light
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affects the neurological system. The FDA has never stated that LED light is
safe.
In addition, there are many studies which show that the blue wavelength
light from LEDs is unsafe and that the square wave flicker from LEDs is unsafe.
Many of these studies are available on the Soft Lights Foundation website.13
Also, because LEDs have been released into society without waiting for
the peer reviewed studies, we have all now become subjects in a giant real-life
experiment. The personal stories of harm from LED light now form the basis of
a study. Many documented stories of harm can be found on the Soft Lights
Foundation website.14
B. Illuminating Engineering Society
A utility company may claim that the IES is studying the health effects of
LED light and is collaborating with the American Medical Association. This claim
is untrue. The IES is making no effort that we are aware of to study the health
effects of LED light and the AMA stopped investigating LED light after
publication of their 20tO repoft on the harms of blue wavelength light.ls
The IES also falsely claims that LEDs are point sources and that LED light
has the same characteristics as High-Pressure Sodium. The IES has failed to
l3 https://www.soft liehts.orsJresources/
ra http://www.soft liehts.ore/stories/
ls httos://www.ama-assn.ors/sites/ama-assn.ore/files/corp/media-browser/public/about-
ama/councils/Council%o20Reports/council-on-science-public-health/al 6-csaph2.pdf
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create a version of IES RP-8-18 that accounts for the spatial non-uniformity of
LED light. The IES has no standards that can be used for the photometric
layout of LED streetlights.
C. Industry Standards
A utility company may claim that they are simply using industry standard
equipment and that LEDs are what is available. The counter to this argument is
that utility companies are part of the industry, and it is their own decision to
switch to LEDs. The decision to switch to LED was a financial decision for utility
company which brought in new revenue. The claim that the utility company is
essentially forced to use LED streetlights because LEDs are what is available is
unsupported. As soon as the utility companies inform their suppliers that they
need High-Pressure Sodium or Low-Pressure Sodium streetlights, the supplier
will provide.
D. Light Quality
A utility company may claim that light quality is only subjective and
cannot be quantified. This is an untrue claim.
Spatially, light can be quantified as uniform or non-uniform and the
luminance in 3D space can be graphed. The higher the degree of uniformity,
the higher the quality.
Spectrally, light can be quantified in terms of whether the energy
distribution is the same across all wavelengths, or if the energy is smoothly
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increasing from low blue to high red, or if the energy distribution has peaks and
valleys. Blue wavelength light is the most toxic in a nighttime environment, so
the more blue wavelength energy, the lower the quality of the light.
Temporally, sign wave flicker is higher quality than square wave flicker.
E. Energy Efficiency
A utility company may claim that LED streetlights are necessary for
saving energy. This is an untrue claim. High-Pressure Sodium streetlights are
already efficient. Replacing a 1O0-watt HPS with a 50-watt HPS would be a
50o/o energy savings without sacrificing safety and without introducing the
toxicity of LED light. Switching to Low-Pressure Sodium would save even more
energy.
Figure 4 is a luminous efficacy comparison of different lamp types. Notice
that LEDs are the only lamp type shown in the chart that emits non-uniform
luminance. Also notice that LEDs are similar in luminous efficacy to High-
Pressure Sodium. Not shown on the chart is Low-Pressure Sodium which has a
luminous efficacy approaching 200 lumens per watt, which is better than
LEDs.16
r6 https://ieeexplore.ieee.ore/abstract/document/605090
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200
tlo
160
aL"oI ,.to
Ir loo
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to
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Uniform luminance
D*ilfttt Co.E trn ltb. llohn Eaoqldl
Erit 5.r llli- UD tu- Ea..q frhSCrl, 5J lla,ri lO Lafrd 14 gfoq frr[
Non-uniform luminance
t{!t-tLI.!adr-llilcno
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lic..tlE. XdoFt CFL ea. Fldr. rl2 Fbrr. lt Flqr. ll I.EI'
h: Cd!.it"tqr - l@Jihn-GEF.|@oivFcdhroG/hd,@b.{U.tt a.@.}rl
Figure 4 - Energt Eficiency Comparison
F. Color Rendering
A utility company may claim that LED streetlights provide superior color
rendering. This is a claim that only serves to distract from the actual issues. At
night, the key concern is contrast. Rod cells in the eye are 7 times more
efficient than cone cells at convefting light to signals, although with a loss of
color determination. However, at night it is psychologically disturbing to see
green grass when the surrounding environment is not illuminated by sunlight.
CRI is useful for indoor lighting, during daytime hours, when the goal is to
emulate sunlight, such as in a classroom or office setting. However, at night
when streetlights are in use, using high CRI lighting is counterproductive and
unwanted.
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TV. REGULATORY AUTHORITY
The Idaho Statutes Title 61 provides authority to the Idaho Public Utilities
Commission to regulate the actions of the utility companies.
61€02 Maintenance of Adequate Service
Every public utility shall furnish, provide and maintain such
service, instrumentalities, equipment and facilities as shal-I
promote the safety, health, comfort and convenience of its
patrons, employees and the public, and as sha11 be in all
respects adequate, efficient, just and reasonable.
614348 Gommission Supervision and Authonty
(2) The commission shal-l have power to issue authorizations
and orders requested under this act, or to refuse to issue the
same, and may attach to any authorization and order as a
condition of approval such terms and conditions as it
determines are consistent with the purposes and provisions of
this act.
As described in section 61-302 and 61-3348, every public utility must
provide services that promote public health, safety, and comfort and the Idaho
PUC has the power to issue orders to protect this health, safety, and comfort.
The Idaho PUC therefore has authority to regulate the quality of light emitted by
streetlights to ensure the protection of the public health and welfare.
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V. RELTEF
The Soft Lights Foundation respectfully requests the Idaho Public Utilities
Commission to take the following actions:
A. Require Idaho utility companies to wait for FDA approval and
regulation of LED products prior to the sale or installation of any LED
streetlight.
B. Direct Idaho utility companies to inform consumers via their website
that:
i. LEDs have not been approved by the FDA and that the FDA has
not developed regulations for LEDs;
ii. LED light is a low-quality light, not an energy efficient light;
iii. LED light has been shown to cause significant negative health
effects.
/s/ Mark Baker
President
Soft Lights Foundation
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