20120118Decision Memo.pdf

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DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DANIEL KLEIN AND NANCY HYLTON
DATE:JANUARY 9, 2012 If C ~ E - J J- -ó 4
RE: FORMAL COMPLAINT OF BONNIE MENTH AND VICKY DAVIS
AGAINST IDAHO POWER OBJECTING TO THE INSTALLATION OF
AMI METERS.
On January 5, 2012, the Commission received two separate "formal" complaints
(attached) from Bonnie Menth and Vicky Davis against Idaho Power. Mrs. Menth and Ms.
Davis do not want smart meters installed at their respective residences. They are asking the
Idaho Public Utilties Commission to order Idaho Power Company to remove their new smart
meters and replace them with analog meters. Mrs. Menth also indicated that she would be
wiling to purchase an analog meter and have a certified electrician install it at her expense. She
also would like assurance that if she moves to another location she can have an analog meter
there also regardless of which utilty serves that area. In her complaint, Ms. Davis wants the
Commission to establish an "opt-out" form and procedure for customers who do not want a smart
meter. Bonnie Menth and Vicky Davis were unsatisfied with the outcome of the informal
procedures to resolve theh' complaints and have fied formal complaints.
BACKGROUND - MENTH COMPLAINT
Mrs. Menth fied an informal complaint at the Commission on December 13, 201 i. She
was upset because Idaho Power (JPC) had come out and replaced her old meter with a new smart
meter that day. Mrs. Menth contacted IPC to object to the installation right after she received
notice of the impending meter change in August. Mrs. Menth and IPC have communicated
through e-mail, letter and in person during that time. Finally, on December 13, IPC came out to
DECISION MEMORANDUM - i -JANUARY 9, 2012
~.
talk to Mrs. Menth one more time and replace the meter, but Mrs. Menth was not at home. The
new meter was installed in her absence.
Staff has explained to Mrs. Menth that the Commission approved the installation of the
smart meters and encouraged IPC to move forward with all deliberate speed. Mrs. Menth was
provided with a link to Case No. IPC-E-08-16, where the Commission issued CPCN to IPC to
install AMI technology throughout its service territory, Order No. 30726. Mrs. Menth is
concerned about possible health issues that could be caused by having a smart meter, as well as
feeling it is a "surveilance" device.
BACKGROUND - DAVIS COMPLAINT
Ms. Davis filed an informal complaint on August 3 I, 20 i I. She did not want the smart
meter installed at her home, and wanted to know if the Public Utilties Commission had
mandated it. She was concerned that Idaho Power was recording her usage and reporting it
somewhere. She asked about an opt-out for the installation of the smart meter. Staff informed
Ms. Davis that there was no opt-out provision for smart meters in Idaho. Staff also explained
that the Commission had approved the installation of the smart meters by Idaho Power and
encouraged them to do it. Ms. Davis was not happy with the job the Public Utilties Commission
was doing. Order No. 30726 in Case No. IPC"E-08" i 6 was also provided to Ms. Davis.
Ms. Davis noted in her formal complaint letter that the Commission operates under the
authority of U.S. Code as well as Idaho law. She claims that although Idaho Power is regulated
by the Commission it is also subject to U.S. Code. She quoted the National Energy Policy Act of
2005, Section 1252, "Smart Metering" and stated it allows customers to opt-out. In particular
she quoted 16 U.S.C § 2621 (d)(l4)(attached).
She is concerned that the Smart Meter is "always on" and is always collecting and
transmitting data violating her privacy and the sanctity of her home. She claims to have been in
a continual state of distress and mental anxiety since the installation of the smart meter.
She offered to go on level pay and only have her meter read once a year to reduce
operating expenses. Alternatively she offered to read the meter once a month and call in the
reading allowing Idaho Power to read the meter annually to verify usage.
Ms. Davis provided a copy of a December I, 201 I letter (attached) from Idaho Power to
her requesting that she contact Riek Astley no later than December 9, 201 I to schedule the meter
DECISION MEMORANDUM - 2-JANUARY 9, 2012
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exchange. She also provided a copy of her December 6,2011 response (attached) to Idaho
Power declining the exchange of meters.
Ms. Davis is requesting the Commission to issue an immediate Order to establish an opt
out form and procedure and Order Idaho Power to remove the Smart Meter from her premises
and to install an analog meter without communications and '~smart device" technology and
software.
STAFF RECOMMENDATION
Mrs. Menth and Ms. Davis were not satisfied with the outcome of their informal
complaints. Consequently, they filed formal complaints. See Rules 23,25 and 54, IDAPA
31.01.01.023, .024 and .054.
Staff recommends that the Commission consolidate the two complaints into a single case
and direct the Company to fie a response to the complaints. Idaho Power finished the
installation of the smaii meters throughout its sei)Vice territory on December 21, 201 I.
COMMISSION DECISION
Does the Commission wish to accept Mrs. Menth's and Ms. Davis' formal complaints?
Does the Commission wish to issue a Summons or proceed under Modified Procedure?
Does the Commission desire to consolidate the two complaints into a single case?
O~/,K.,Daniel Klein
~1J4ß~Nancy Hylto
i:udniemoslMelih Davis formal cOlnplaiiil dec memo
DECISION MEMORANDUM - 3 -JANUARY 9, 2012
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Bonne Menth
306 Shadetree Tral
Twin Falls, il 83301
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January 2, 2012
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Idaho Public Utilities Commission
P o Box 83720
Boise, Idaho 83720-0074
Complaints: Idao Power Company forcful instaation of an unwanted time-based
meter and communication device known as smar meter agaist customer
request.
Idaho Power Company misrepresentation of product referred to as
a sma meter.
Idaho Public Utilty Commssion failme to address custmer concerns
regardig the instaation of sma meter and failure to provide an
opportty for customer to opt out of the device.
Dear Idaho Public Utilities Commssion:
In August 2011, I contacted Idao Power Company requesting that they do not install a smar
meter on my home because of health, privacy, and safety issues and to please provide an opt out
form and a form for reading my meter. I was told that because their smar meter technology was
wied and used low frequency 60Hz power line communication (T ACS- PLCIPLT) it was
secure and had no health risks they would not be providig an opt out.
Durig a visit by two Idaho Power representatives I asked if their device would allow
conuuncation onto the interior electrical wig of my house to 'ta' with smart appliances.
The anwer I received was, "What's a smart appliance? I've never heard ofa smar appliance"
and then I wa promised the device would never allow communication on the wirg in my
home.
I was also told by Idaho Power that their new meterig device would transmit data only when
queried by the substation which consisted of one register read per day and a retrieval of hourly
consumption data 3 ties per day. If this were tre, then why is the meter on my house
indicatig that it is communcating approxitely every 30 seconds?
I have received two letters from Idao Power, and both ties I responded that I did not want this
tye of metering on my house. In their last letter they stated that if I did not allow them to instal
it, they may ternate my service, or will seek an order from the Idaho Public Utilities
Commission to exchange the meter and wm enforce it in District court. On December 13, 2011,
twelve days after that letter was wrtten, I arrived home and was inormed by a neighbor that
while I was out of town a Idaho Power representative accompaned by a police officer, along
with a meter installer, came to my house, climbed over the fence and installed a smar meter (no
IPUC or District Cour order, or any notice was posted on my propert or has since been
provided to me).
The smar meter is a time-based meter with modem enabled communcation. It does not just
measure energy usage. It has the capacity to trck niute by nñnute household activity, control
household devices, and as stated on one of its softe provider websites, it can generate profi1es
to target customers for other programs and services based on whatever inormation is available
about them, including their rate class, usage patterns, location, and energy profie that may liave
been collected from the customer. This would include knowig the household occupancy at
given ties. Ths is a surveilance device.
Idaho Power is using deceptive language to convince customers that ths AM technology will
only communcate between the meter and substation and that communcation will never enter
their house or be able to control their devices. As recorded in the 2003 IPUC Order NO.29362 to
Idaho Power Company, the goal of ths smart grid technology is to control customer appliances
and even customer generation. However, Idaho Power is telling customers that it has no plan toever do ths; it wil cost too much. .
Idao Power states that t,heir smar meter technology using power line communications is safe
because it uses a 60Hz low :fquency signal and a wired meter.
I have atthed information written by an engieer who gives an easy to understd explanation
of smart meter technologies. In summar, he explains that PLC technology, especially the low
frequency TW ACS, is one ofthe worst technologies in regards to possible negative health
effects.
He states that when intentional pulses (communication) are put onto electrcal wires which were
never designed for communcation as ar the shielded and twsted wires used by cable TV,
computers, and telephones, it will generate electromagnetic fields of dir power, from 120 hert
to 660 hertz plus a lot of higher frequency haronics, which follow the house wires wherever
they trvel throughout the whole house. PLC is to be used cautiously because the di power
generated by neighborig houses wil travel on electrical wires from one home into the next
home's wirng in every direction not just back to the receiver. It should only be used in remote,
sparsely populated areas. I, as well as thousands. of customers where this IPUC approved PLC
technology is being used, live in densely populated subdivisions where tranformers ar shared,
neighborhoods with nearby homes, or in aparents. These are not remote areas.
PLC is of great concern not only to people who have EMF sensitivities, such as me, but also to
the long term health effects of the general population. (Attached: Expressions of Concern frm
Physician, Scientists, and Heath Policy Experts)
The IPUC and Idaho Power Company (IACORP) operate under the authority of U.S. Statues as
well as Idaho law. According to IPUC approved Idaho Power Company Meterig Rule D, it is
indicated that a meter is a device which measures power and energy supplied to the customer. It
does not indicate that a meter includes a communication and sureilance device.
hi fact, if this tye of device is to be used, it should be according to the National Energy Policy
Act of2005, Section 1252, "Smar Meterig", law 109-190 amendig 16 USC 2621 -
Item 14(A)
"each electric utilty shall offer each of it cusomer classes, and provide individual
customers upon customer request, a tie-based rate schedule.... The time-based
rate schedule shall enable the electrc consuer to mange energy use though
advanced metering and communcations technology.
Item 14 (C)
Each electric utilty subject to subparagraph (A) shall provide each customer
requesting a tie-based rate with a time-based meter capable of enablig the utilty
to and customer to offer and receive such rate.
Accordig to ths law, I did not need to as for an opt out to ths tye of meter. I never requested
and repeatedly notified the utilty that I did not wat a time-based rate schedule with a tie-based
meter and communcation technology referred to as a sm meter.
Idaho Power Company has disregarded the law and my civil liberties by forcing this unwanted
technology upon me which ha resulted in emotional distress and an exacerbation of my medical
problems.
I am asking the IPUC to order Idao Power Company (IACqRP) to imediately remove tlùs
tie-based meter and communcation technology device from my house, to retu the anog
non-communicating meter for installation, and to allow a certified electiician of my choice to
inpect the analog meter before and durig the installation process, or that the IPUC allows me to
purchase an analog meter and the services of a certied electrician of my choice to inl it.
I would also request that if I should move to another area in Idaho where IPUC reguates the
utilty which uses the smar meter, that I may retain the right to either be provided with an analog
non-communicating meter or that I may purchae my own analog meter and the servces of a
certified electrcian of my choice to install the device. I should not be charged any additional
fees for the right to retain and use an analog meter if I should partcipate in the meter self-read
option or if I use the level pay service.
Sincerely,
Bonne Menth
tBi,'J)~i::/.JAttlichments: Household wireslPLC
Expressions of Concern from Physician, Scientists, and Health Policy Exper
Magnetic Fields May hicrease Asthma Risks
. The Smar Meters: What people who are sensitive need to know Page 1 of2
5.S The household wires
When electrcal pulses trave~ on an electrcal wie~ it will radiate as an antenna. Wires that are
intended to car communcation signals are usually twsted or shielded, as is done with
telephone cables~ computer networks and cable TV. This greatly limits the radiation from the
wires.
Household electrcal wig was never intended to be used for high-frequency signals, so it is
not twisted or shielded and therefore radiates more than telephone lines caring DSL~ computer
network lies and cable TV connections.
The dir electrcity created by the meter's electronics uses the household wig as
untentiona antennas. However, in some homes ths will be indistinguishable frm dir power
from other household gadgets (TV, computer, battery charger, etc.) and those used by neaby
neighbors.
The real concern is when the electrcal wirs intentionaly ca communcation signals, as these
are much stronger and wil radiate much more powerflly from the wirs thoughout the hous~.
The signals var greatly in frquencies, depending on which Power Line Communication (PLC)
technology is used. The low-frequency method wil produce a range offrequencies~ from 120
hert up to 660 her, plus a lot of higher fruency haronics that ar not intentional, but an
indirect result of how they produce the pulsing signals. .
The mediunFfrequency method uses signals around 50 to 100 kilo hert, whie the high~
frequency broadband method uses yet higher frequencies.
The problem with all these technologies is that they follow the electrcal wir wherever they go.
It is not just a queson of stayig away from the electrcal meter~ as it is with the wieless
technologies. One would have to stay away from all wires in the entie house, or disconnect
them totally. .
6. Health effects
Almost al the meterig systems descrbed here radiate~ which is a health concern for the general
population and may cause acute symptoms in people with severe electrcal hypersensitivity
(EHS). For a comprehensive review of the literatue~ see the BioInitiative report
(ww.biointitive.org).
Millions of people aleady live with these systems and do not have acute symptoms. The
concern for the general population is more any long..tenn health effects, which wil be diffcult
to identitY the cause of and even more diffcult to prove. The effect may be an_increase in those,
diseases that have been lined.to electronic exposures and "dir power"~ such as headahes,
ADD/ADHD, aneties, chidhood leukemia, various cacers and electro hypersensitivity. Some
people may feel more restless, have problems sleeping and be more irtable.
The amount of energy radiated from a wirless smart met is simar to that of a cell phone~
htt://ww.eiwellprî.orglsmareterISmar_Meter_overview.htm 1/212012
The Smar Meters: Wht people who are sensitive need to know Page 2 oI;¿ .
sometimes much less. Unlike a cell phone, they may transmit constatly, but are usuay also
some distce away from people. .
The wireless meters that tranmit fruently can be compared to a household wireless computer
network (typically Wi~Fi) in a number of ways:
. they trsmit most of the tie
. the trsmitters are several feet (meters) away from people, at leat most of the day
. radiation also comes from the neighbors, especially in apartents and dense
neighborhoods
The energy radiatig from household wirg caring PLC-signals is much less than that from a
wireless meter. However, all the wir in the house are acing as antennas, so it is everyhere
and often ver close to a person.
Some people are more bothered by cert frequencies than others. A person who can use a cell
phone may be bothered by the lower frequencies from PLC-signals, or it may be the other way.
The long-term health effcts from smar meters wil be nealy impossible to distinguish from the
effects from cell phones, cell towers, neighbors' wireless networks, and the myriad of other
wireless devices that are yet to come.
6.1 The worst technologies
For people who are paricularly sensitive to electromagnetic fields (EMF), the effect of smar
meter technologies can be devastating. But it may not. There are many people with EHS who
have not notice any difference after their meter was upgraded. However, there have also been
several cases where they got severe symptoms and sometimes could no longer live in their
home.
In the opinon of ths author, the most benign technologies are, in order of safety:
. mechancal, non-communcatig meters
. pre-paid meters using a cable to communcate with the in-house display
. meters using dialup telephone lies
. meters read though a communication port~ by a peron
. ERT meters that are only transmitting when prompted by a passing utity vehicle
.. meters that only transmit once a d~y, using cellular or radio
The worst technologies are:
. any form of frequently communcatig network
. all tyes of wirless networks
. all types of power lie communcation (PLC)
htt://ww.eiwellrig.orglsmaeterISmar_Meter_overiew.htm 1/21012
-..
Power Line Filters
Communcatig by sendinp; pulses or high fruency sign acss the poWer distbution lies,
as well as the houshold wi (pLC) is problemac.
The Eurpean multitional utity company, E.ON, ha developed a line :flter which dapens
power lie signs in the kilohert rage. It is intãed next to the electrca meter on customer
reidences where there haye been problem. The :flter ar not intaled elsewhere, due to their
substatial cost.
It is unely th fiters wi work for low-fteque puling PLC syst such as the TWACS
and Hunt"s Tu~ since the problemc freqences an haonics ar close to th powe
fruecy~
The fiters do not help on effects from the redential power lines along the roads (which act as
git untentiona antennas), nor do they help hypensitive people when going to grcer
stores or visitiR other people. With wieless mers the other end of a buidi ma be fie, but
with PLC syst some peple may be 1rpe in their homes. Ther do not appea to be wholly
satsfary solutions to the problem wi PLC technlogies, and they should be used with gr
cauton.
Steen Hvid, M.S., Engiee
September 4, 2011
htt://ww.eiwellsprlg.orglsmareterlBetter_SmarCMeter.htm
Comments on Smart Meters Page 4 ot6
.. ..~..~
The Tier 2 policy must be paricularly flexible, as the situations can pe complex. The solution
can be diffcult where- there are close neighbors, for instace.
Using a non-communcatig mechancal meter must be one of the options available. In Sweden,
a countr of 8 milion people, about 800-900 people had to be accommodated by keeping their
.old meter. They self-read their meters and mail it on a postcard monthy, which rual ratepayers
in the U.S~ have done for man decades.
Other options may work as well. The experiences from Sweden show that when the utilties
showed open-minded ingenuity, solutions were usually found.
A Tier 2 accommodation may need to include the neighbors, if close by. hi areas where PLC
communcation is used, it may not be possible to accommodate, thus PLC technology should not
be used.
Relocation of the person must be the last resort. So is removing the home from the grid, which is
much more complex than it seems, as today's standard off-grd technologies are unikely to be
usable (contact author for details).
Vl. Recommendations
· Disallow any form of powerlie/power carer communication (PLC) except where
contaned within a consentig household. The PLC signals must not be enterig other
homes, nor the distrbution system.
· Direct APS to use the most benign technologies, as outlined in the attched document.
· Direct APS to develop a two-tiered. opt-out progr:
· Tier 1 - for people who object .
· Tier 2 - for people with a documented health need
· The optMout program should not extact any puntive cost from-the rate payer. The cost
must be minal for qualifin low-income ratepayers.
· The opt-out program must include people who rent houses or apartents.
· The opt-out program must include when moving to a new location that aleady has a smar
meter inaled.
· The Tier 2 opt-out program must be flexible with a rant of options, including using a
non-communicating mechancal meter.
Vl. About the author
Steen Hviid holds two engieerig degrees, including an MS in computer engieerig. He lives
in northern Niona in a solar powered house of his own design.
htt;/Iww.eiwellsprig.org/smareter/ACC_SmarCMeter__comments_Sep2011.htm 1122012
Expressions of Concern from Physicians, Scientits and Health Policy Kwerts
Andrew Well MD.: "Electromagnetic follution may be the most significant form of pollution
human activity has produced in this (20 L century." htt://www.drweiL.com/drw/u/idlQAA6193.
Robert Becker, Ph.D Nobel Pre nominee noted for decades of research on the effects of
electromagnetic radiation says, "I have no doubt in my mind that, at present time, the greatest
pollutig element in the earth's environment is the proliferation of electromagnetic fields."
The following quotations are available at:
http://www.stralingsl.isicos.nl/index.php?option;=com content&view=article&id=23&Itemid=6
. Willam Rea, MD Founder & Director of the Environmental Health Center, DaUasPast President,
American Academy of Environmental Medicine
fCSensitivíty to electromagnenc radiàtion is the ~merging liealthproblem of the 21st centu. It is:'
imperative health practitioners, governents, schools and parents learn more about it. The human
health stakes are significant".
Martin Blank, Ph.D Associate Professor, Departent of Physiology and Cellular Biophysics,
Columbia University, College of Physicians and Surgeons; Researcher in Bioelectromagnetics;
Author of the BioIntiative Reports section on Stress Proteins.
"Cells in the body react to EMFs as potentially harful, just lie to other environmental toxins,
including heavy metals and toxic chemicals. The DNA in living cells recognes electromagnetic
fields at very low levels of exposure; and produces 8: ~iochemical stress response. The scientific
evidence tells us that our safety standtidsoare-inadequãte ancithat we must protect ourselves from
exposue to EMF due to power lies, cell phones and the like, or risk the known consequences. The
science is very strong and we should sit up and pay attention." .
One Johansson, Ph.D. Associate Professor, The Experiental Dermatology Unit, Department of
Neuroscience, Karolinkalnstitute, Stockholm, Sweden; Author of the BioInitiative Reports
section on the Imune System.
"It is evident that various biological alterations, including imune system modulation, ar present
in electrohypersensitive persons. There must be an end to the perasive nonchalance, indifference
and lack of hearelt respect for the plight of these persons. It is clear something serious has
happened and is happeniig. Ever aspect of electrohyperSensitive peoples' lives, including the
abilty to work productively in society, have healthy relations and fmd safe, pennanent housing, is
at stae. The basics of life are becomig increasingly inaccessible to a growig percentage of the
world's population. I strongly advise aU govemients to tae the issue of electromagetic health.,
hazds seriously and to take action while there is stil tie. Thereis too great a risk that the ever
úicreasing RF-based communcations technologies represent a real danger to humans, especially
because of their exponential, ongoing and unchecked growt. Governments should act decisively to
protect public health by changing the exposure standards to be biologically-based, communcatig
the results of the independent science on this topic and aggressively researching lin with a
multitude of associated medical conditions."
David Carpenter, MD Professor, Environmental Health Sciences, and Director, Institute for Health
and the Envionment, School of Public Health, University of Albany, SUNY Co-Editor, the
Biolntiative Report (ww.BioIntiative.org).
Electromagnetic fields are packets of energ that does not have any mass, and visible light is what
we know best. X..ays are alo electromagnetic fields, but they are more energetic than visible light.
Our concern is for those electromagnetic fields that are less energetic than visible light, including
those that are associated with electricity and those used for communications and in i:crowave
ovens.
The fields associated with electrcity are commonly called "extremely low frequency" fields (ELF),
while those used in communcation and microwave ovens are called "radio frequency" (RF) fields.
Studies of people have shown that both ELF and RF exposures result in an increased risk of cancer,
and that this occurs at intensities that are too low to cause tisse heating.
Unfortnately, all of ow' exposure standards are based on the false assumption that there are no
hazardous effects at intensities that do not cause tissue heating. Based on the existig science; many
public health expei1s believe it is possible we wil face an epidemic of cancers in the futue resulting
from uncontrolled use of cell phones and increased population exposure to WiFi and other wiless
devices.
Thus it is importt that all of us, and especially children, restrct our use of cell phones, liit
exposure to background levels ofWi-Fi; and that governent and industr discover ways in which
to allow use of wireless devices without such elevated risk of serious disease. We need to educate
decision-makers that 'business as usual' is unacceptable. The importance of this public health issue
can not be underestimated."
Eric Braverman, MD Brain researcher, Author of The Edge Effect, and Director of Path Medical
in New York City and The PATH Foundation. Expert in the brain'g global impact on illness and
health.
"There is no question EMs have a major effect on neurological functionig. They slow our brain
waves and affect our long-term menta clarty. We should miize exposures as much as possible
to optimize neurotransmitter levels and prevent deterioration of health".
Abraham R. Libofi, PhD Research Professor Center for Molecular Biology and Biotechnology
Florida Atlantic University, Boca Raton, Florida Co-Editpr, Electromagnetic Biology and Medicine
"The key point about electromagnetic pollution that the public ha to realize is that it is not
necessary that the intensity be large for a biological interaction to occur. There is now considerable
evidence that extremely weak signls can.have physiological consequences. Thes interactive
intensities are about 1000 times smaller th the threshold values formerly estiated oy otheoose
knowledgeable theoreticians, who, in their vainglorious approach to science, rejected all evidence to
the contrry as inconsistent with their magnificent calculations. These faulty estiated thresholds
are yet to be corrected by both regulators and the media.
The overall problem with environmental electromagnetism is much deeper, not only of concern at
power lie frequencies, but also in the radiofrequelcy range encompassing mobile phones. Here the
public's contiuig exposul' to electromagnetic raiation is largely connected to money. Indeed the
tens of billions of dollars in sales one fids in the cell phone industr makes it mandatory to
2
corporate leaders that they deny, in knee-jerk fashion, any indication of hazard.
There may be hope for the futu in knowing that weakly intense electromagnetic interactons can
be used for good as well as har. The fact that such fields are biologically effective also implies the
lielihood of medical applications, something that is now takig place. As this happens, I thin it
wil make us more aware about how our bodies react to electromagnetism, and it should become
even clearer to everone concerned that there is reason to be very, very carefiu about ambient
electromagnetic fields."
Lennart Bardell, MD, PhD Professor at University Hospital, Orebro, Sweden. World-renowned
exper on cell phones, cordless phones, brain tuors, and the safety of wireless radio frequency and
microwave radiation. Co-authored the BioInitiative Report's section on Brain Tumors by Dr.Hardell .
"The evidence for risks from prolonged cell phone and cordless phone use is quite strong when you
look at people who have used these devices for i 0 year or longer, and when they are used mainly
on one side of the head. Recent studies that do not report increased risk of brain tumors and acoustic
neuromas have not looked at heavy users, use over ten years or longer, and do not look at the part of
the brain which would reasonably have exposure to produce a tuor."
Samuel Miham MD, MPB Medical epidemologist in occupational epidemiology.
First scientist to report increased leukemia and other cancer in electrcal workers and to
demonstrate that the childhood age peak in leukema emerged in conjunction with the spread of
residential electrification.
"Ver recently, new research is suggestig that nearly aU the human plagues which emerged fu the
twentiet centu like common acute lymphoblastic leukema in children, female breast cancer;
malignant melanoma and asthm, can be tied to some facet of our use of electrcity. There is an
urgent need for governents and individuals to tae steps to miiijrnize community andpersónalEMF exposur." .
James S. Turner, Esq. Chairan of the Board, Citizens for Health Co-author, Voice of the People:
The Transpaitisan Imperative in American Life Attorney, Swank- Turner, Washigton, DC
"According to the Biolntiative Report: A Rationale for a Biologically-Based Public Exposure
Standard for Electromagnetic Fieldsfrom electrcal and electronic appliances, power lines and
wireless devices such as cell phones, cordless phones, cellular antenas, towers, and broadcast
transmission towers-we live in an invisible fog of EMF which thir years of science, includig
over 2,000 peer reviewed studies, shows exposes us to serious health risks such as increased " .
Aleimer's disease, breast cancer, Lou Gehrg disease, EMF immune system hypersensitivity and
disrption of brai fuction and DNA. The public needs to wake up politicians and public offcials
to the need for updating the decades old EMF public health standards. This report tells how."
L. Lloyd Morgan, BS Electronic Engieering Director Central Brain Tuor Registr of the United
States, Member Bioelectromagnetics Society, Member Brain Tumor Epidemiological Consortum
*"There is every indication that cell phones cause brain tumors, salivaiy gland tumors and eye
cancer. Yet, because the cell phone industr provides a substatial proportion of research fudig,. . .
3
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August 1, 2011
Author Insights: Magnetic Fields May Increase Asthma Risks
Filed iwder: Asthma,OCcupational and Enviroiimental Medicine, Pregnancy and Breast
Feediiig, Public Heallli, Piilinoiiaiy Diseases - Rebeca Voelker (! 3:01pm
J)Ki Li, MD. Ph, an iû eoll""cs sho
mal materna! expoS' 10 magnic fiel du
pr ca incr~ ti rilc of asa inoffpring. (Ie: Kase Pem8l)
Electric and niagnelic fields ar evryhere. They' re generated by thunderstomi, microwave
ovens, power lines and even hybrid ears. Scientiss for year have exined their impact on humau
health, but reults have been contlcting.
Tn today's Archives of Pediatrics & Adolescent Medicine, researchers present IIle fist study to
show aii association between matenial exposure to magnetic fields (M) during pregnancy and an
incre risk of astlima in their offpring. The study included 801 pregnant womeii whose clii1dren
were followed up for 13 years. To me-aure their:M exposures, the women wore 24.hour meters.
The reseachers found tbat fur eacli i.miligauss (mG) increase m exposure per day, children had a
signifcat 15% incread risk ofastJima. What's more, children born to women wit the highest
MF exposures durmg their prenancy had a 3.5.fold incred risk of asthma compaed witb
ehildren whose mothers had the lowes expslll. (As a point of reference, oiher studies have
linked increased cacer rates with workday exposures above 4 mG.)
The study could live important implications for astbna prevention. The condition affects more
tlian 9 inillon children in tbe United States, and it carries a $30 bilion annual price tag.
nelV~A.MA spoke will lead author DeKun Li, MD, PhD, a reproductive and perinatal
epidemiologist at tlte Kaiser Pennnente Division ofResearcli in oakland, Calif, to learn more
about the findings.
mhtm:fie://C:\Users\Bonne\Documents\Author Insights Magnetic Fields May Increase As... 1/2/2012
it_. _.~_- or,b
Vicky Davis
145 Avenida Del Rio
T'win Falls, ID 83301
HfCEIVEL
2DI2 JI:N -4 AM 8: 46
January 2, 2012
,.-, "H:'¡ ,;o¡ J'~l ('¡Uti '-_ \ . ,.. _.J
U.ilL1TlES C:(JfL.l~~ SS¡Or~;
Idaho Public Utilties Commission
POBox 83720
Boise, Idaho 83720-0074
. Dear IPUC:
Complaints: Idaho Power Company forced installation of a Smart Meter over my objections
Idaho Power Company for product misrepresentation as it pertins to the
advanced metering AND conuunications device known as a Smart Meter
Idaho Public Utilities Commission for failure to require utilty to obtain informed
customer consent for installation of advanced metering AN communications
device known as a Smart Meter
On August 31, 2011 au Idaho Power subcontractor asked permission to install a Smait Meter on
my property. I refused permission foi' that access. After several phone calls in which the Idaho
Power Customer Service Representatives were unsuccessful at convincing me to accept the
Smar Meter, Idaho Power sent a letter that contained 8 bullet points that summarized their
program and technology ending with the instruction for me to contact Chris Bell to schedule a
meter change.
My response to that letter was:
I received your letter dated September 19, 2011 regarding my refusal to allow the
installation of the Smar Meter. I have not changed my position on the Smait Meter.
The analog meter that currently meters my electrc usage is suitable to the task. The
additional fuctionality of the Smart Meter is unwelcome at this household.
As an accommodation, I wil change to level pay biling so that my CUlTent meter wil not
need to be read more than once per year. Alternately, you can send a representative out
to show me how to read the meter and I wil read it monthly and call in the usage to you.
On December 2, I received another letter from Rick Astley of Idaho Power that instructed me to
make an appointment for installation of the Smart Meter. If! did not respond by a given date,
they would seek a Declaratory Order from the IPUC and would use law enforcement if necessai)r
to enforce the Order. I responded to that letter again with my refusal to allow instalation oftlie
Smart Meter. Both letters are attched.
On the morning of December 13,2011, an Idaho Power Customer Service Representative arived
at my home with Twin Falls Deputy Sheriff Scott Bishop and an Idaho Power meter .installer.
The Deputy Sheriff allowed the installer to trespass on my propert over my strenuous objections
to install the advanced metering device AND communcations technology known as a Smaii
Meter.
The authority presented by Idao Power tlU'ough the Offcer was Idaho Public Utilties
Commission Rule D Metering with Item 1 highlighted and Rule C with Item 7 highlighted.
Rule D - Metering .
1. Meter installations. The Company wil install and maintain the metering
equipment required by the Company to measure power and energy supplied
to the Customer. Meter installations wil be done at company's expense
except as specified below or otherwise specified In a schedule.
Rule C - Service and Limitations
7. Rights of Way. The Customer shall, without cost to the Company, grant
the Company a right of way for the Company's lines and apparatus across and
,upon the property owned or controlled by the Customer, necessary or
incidental to the supplying of Electric Service and shall permit access thereto
by the Company's employees at all reasonable hours.
Notice that Rule D says "Metering Equipment". It does not say "advanced metering AND
communications technology". I am not a paricipant in a net metering progr, nor did I
subscribe to any of the programs that Idaho Power m.arkets as "benefits" so the Smart Meter is
not a required component in the provision of basic electric service to my home.
Idaho Power claims authority to install the Smart Meters though IPUC Orders 29362; 301 02 and
30702. Order No. 30702 contains the statement that Idaho Power is relying on to force
jnstallation of the Smart Meter on my propert:
IT is HEREBY ORDERED that the Application of Idaho Power Company for a
Certificate of Public Convenience and Necessity authorizing the Company to install AMI
technology throughout its service telTitory, accelerate the depreciation of its existing
metering instructure, and include the cOlTesponding operation and maintenance
benefits as they occur is approved.
The IPUC operates under authority of U.S. Code as well as Idaho law. And Idaho Power is
regulated by the IPUC but they also are subject to U.S. Code. The following language was
placed into law in the National Energy Policy Act of2005, Section 1252, "Smart Metering". It
became law 109-190 amending 16 USC 2621.
Item 14 (A)
"each electric utilty shall offer each of its customer classes, and provide
individull customers upon customer request, a time-based rate
schedule... The time-based rate schedule shall enable the electric consumer to manage
energy use and cost through advanced metering and communications technology.
Item 14 (C)
Each electric utilty subject to subparagraph CA) shall provide each customer
requesting a time-based rate with a time-based meter capable of enabling the
utilty and customer to offer and receive such rate respectively.
Notice something else about Item 14 (A). It says, "advanced metering AND communications
teclinolog)' .
Inside the Smar Meter case is a circuit board that includes a modem for two-way
communications. The circuit board includes the capabilty to detect and record, moment-by-
moment electrical activity through the electric wiring of a person's home. The electrical activity
includes device on/device off conditions through volume of electricity used and to record and
retain that activity for transmission through power line carrier communications (PLCC) protocol
to the utilty company. The utilty company retains that information and once in their
possession, may sell or give it to other external interested parties for marketig, law enforcement
and a plethora of other purposes umelated to the provision of electric service.
If there are "smart devices" in the home that have circuit boards with similar capabilties, those
"smar devices" can communicate with the Smart Meter via PLCC over the wiring in my home
and the Smait Meter can not only record the type of device, it can issue instructions to the "smar
device" to execute any function built into it - or any function loaded onto it as in the case of a
computer. The implications of that are hOlTifying when all the known possibilties areconsidered. .
Idaho Power is marketing the Smart Meters as a benefit that allows them to offer enhanced
customer services, which includes being able to monitor my electric usage moment by moment.
I'm not interested in those services and especially not at the price of loss of security and privacy
in my home. Once the Smait Meter device is installed, my option to decline those "benefits" is
negated. The Smart Meter is "always on" and is always collecting and transmitting data
violating my privacy and the sanctity of my home.
Since the day of the installation, figuratively at gunpoint, I have been in a continual state of
distress and mental anxiety over the unlawful installation of a two-way communications,
surveilance, data collection and control device that also happens to have an electric metering
capabilty buil into the same case.
In the order authorizing Idaho Power to install advanced metering AND communications devices
throughout their territory, the Idaho Public Utilties Commission neglected to include provision
'., l"
for a customer opt out as other states like Arizona, Florida and most recently, Californa have
done.
I am therefore requesting the Idaho Public Utilties Commission to issue au imediate order to
establish an opt out f01ID and procedure and an order for Idaho Power to remove the Smart Meter
from my premises and to install an analog meter without communÍcations and "smart device"
technology and software.
Attchments:
Idaho Power Letter, Dated December 1, 2011
Letter from me to Idaho Power (2 locations, Boise and Twin Falls), Dated December 6, 2011
,.'k 1 ; .
December 6, 2011
Idaho Power
273 Blue Lakes Blvd. South
Twin Falls, il 83301
Idao Power
1221 W. Idaho St.
P.O. Box 70
Boise, il 83707
Dear Mr. Rick Astley,
Mr. Chrs Bell,
Ms. Lisa Nordstrom
On Decmber 3,2011, I received two duplicate letters from Mr. Rick Astley with Mr. Bell and
Ms. Nordstrom listed as recipients of carbon copies. I intend to had deliver ths response lettr
to Mr. Chrs Bell at the Idaho Power offce in Twin Fals with the expectation that it will be
faxed to the recipients who are located in Boise. I will however, mai a copy to Mr. Astley and
Ms. Nordstm via regular maiL.
This letter is the response to Mr. Astley's leter dated December 1,2011 concernig my refusal
to allow an Idaho Power employee/contrtor acss to my propert to replace my curnt power
meter with an AM Smar Meter. I have never refued to allow the Idao Power meter reader
acces to the propert to read my meter nor have I ever refused access to any other Idao Power
employee/representative who made a reuest for acss for any purose other than for exchange
of the meter. It wa misleading to imply otherwse.
As I made clear in conversations with the Tru-Check contractor and Idao Power Customer
Servjce Representatives both verbally and in wrtig, I do not want a smar meter inled.
Smart Meter technology - regaress of the method of communcations, is a sureilance,
detection, monitorig, data collection, and communcations and control device. Those
capabilties are outside the scope of a public utility charered to provide electrc serce. IfyoUI
chaer has been changed to Idaho de-Power and Spy, then please advise me of the law that
reui me to submit so that I can venfy it with the Sherifs offce and my attrney.
In Mr. Astley's December 1,2011 letter, he states, "Once instled, this intrctue wil enable
Idaho Power to provide enhanced customer servces and reduce its operating expenses to keep
customer rates as low as possible". In my response to the fist letter from Chrs Bell, as an
accommodaton to Idaho Power's desire to reduce operatig cost, I offered to go on a progr .
oflevel pay so that the meter will only have to be read once per year. Alterntely, I offered to
red the meter once a month and ca in the readg which would also give Idao Power the
savings of only a once a yea reading to verify usage.
..
My understadig is that the enhanced customer servce you wih to provide ar optional. The
followig is 16 USC 2621 (d) obtaed thugh Internet accss to the Libra of Congss,
database of US Code.
(14) Time~based metering and communications
(A) Not later than 18 months after August 8, 2005, each electric utilty shall
offer each of its customer classes, and provide individual customers upon customer
request, a time-based rate schedule under which the rate charged by the electric
utilty varies during different time periods and reflects the variance, if any, in the
utilty's costs of generating and purchasing electricity at the wholesale level. The
time~based rate schedule shall enable the electric consumer to manage energy use
and cost through advanced metering and communications technology.
Yon offere and I declined. My declination begins with refusal of the installation of the smart
meter technology that provides the capabilty for the enhanced services and communcations
because once the smar meter is ined, my right of refual of the offer is effctively nullified.
Your letter sttes that you wish to keep your operating costs low. I wish to keep the costs of .
your infrastrctu low because as you know, all expenditues for intaed equipment and
facilties are diect pass through costs to the ratepayers. Replacing perfectly good equipment is
an unecessar expenditu that increases my costs and I object to the expense and the waste of
it.
Sincerely,
Vicky L. Davis
145 Avenida Del Rio
Twin Falls, il 83301
CC: Lar D. Parke
830 Colfax
Boise, il 83706
esIDA~PO~
M IDACRPcoøany
Dec 01,2011
Vicky Davis
145 Avenida Del Rio Dr.
Twin Falls, /D 83301
Re: AMI Meter Exchange
Dear Ms. Vicky Davis:
As previously explained in my letter to you dated 9/1912011 Idaho Power must replace existing
'.'meters wit; Achianced Metering Infrastructure pursuant to Idaho Public Utilties Commission
Order Nos. 29362, 30102, and 30726. Once installed, this infrastructure wil enable Idaho
Power to provide enhanced customer servces and reduce Its operating expenses to keep
customer rates as low as possible.
Idaho Power personnel or its exchange contractor, Tru~Check, recently attempted to exchange
the meter at 145 Avenida Del Rio Dr., Twin Fal/s, /D on 0811/2011; however, you refused the
Company access to its meter. Under the terms of service outlined in Utilty Customer Relations
Rule 302.05 (IDAPA 31.21.01.302.05), a utilty may terminate servce to a customer that "denied
or wilfufly prevented the utilty's access to the meter." Although Idaho Power does not wish to
terminate your electric service or take legal aotlon against you, Idaho Power oannot Ignore the
lawful order of the Idaho Public Utilities Commission to exchange the meter. The Company
must be given brief access to its meter to avoid these outcomes. Idaho Power anticipates it wil
need only five minutes to exchange the meter and that your power wil be interrupted for just a
few minutes at most. You need not be present at the time the exchange occurs.
Idaho Power requests that you contact Rick Astley at (208)' 736-3284 no later than
, 12/9/2011, to schedule the meter exchange. If the Company has not received a response
from you by that date, Idaho Power will seek a declaratory order from the Idaho Public Utilties
Commission to exchange the meter and enforce it in District Court If neoessary. To the extent
Idaho Power must involve the Commission; the court andlor law enforcement to exchange the
Company's meter, Idaho' Power may seek court-ordered reimbursement of Its expenses from
you.
lions Manger
CC: Usa Nordstrom, LeadLegal Counsè/, Idaho Power Company
CC: Chris Bell, Customer Representative
1221 W.ldaho St. (83702)
P.o. Box 70
Boise. 1083707
16 U.S.C. § 2621
(a) Consideration and determination
Each State regulatory authority (with respect to each electric utilty for which it has ratemaking
authority) and each nonregulated electric utilty shall consider each standard established by
subsection (d) .of this section and make a determination concerning_ whether or not it is
muinriate to imI!lement such standard to carry out the purposes of this chapter. For purposes of
such consideration and determination in accordance with subsections (b) and (c) of this section)
and ,for pll-poses. of any review of such consideration and determination iii any court in
accordance with 'section 2633 of this title, the puroses of this chapter supplement otherwise
applieable. State law. Nothing in this subsection prohibits a.! State regulatory authority or
nomegulated electric utilty from making any determination that it is not appropriate tQ
implement any such standard, pursuant to its authority under otherwise applicable State law.
(d) Establishment
The following Federal standards are hereby established:
. . . (1-13)
(14) Time-based metering and communications
(A) NO.i later than 18 months afer August 8, 2005, each electric utilty shalLn1Treach 9t its
custQller classes, and provide individual customers upon customer reqyest.. a time-based rate
schedule. under which the rate charged by the electric utilty varies duriiig different time
. periods and reflects the variance, if any, in the utilty's costs of gencrating and purchasing
electricity at the wholesale leveL. The time-based rate schedule shall enable the electric
consumer to manage energy use and cost through advanced meteiing and communications
technology.
(B) The types of time-based rate schedules that may be offered under the scIiedule referred to
in subparagraph (A) include, among others--
(i) time-of-use pricing whereby electdcity prices are set for a specific time period on 811
advance or foiward basis) tyically not chaging more often than twice a year, based on the
utilty's cost of generating and/or purchasing such electricity at the wholesale level for the
benefit of the consumer. Prices paid fOl; energy consumed during these periods shall be pre-
established and known to consumers in advance of such consumption) allowing them to vary
their demand and usage in response to such prices and manage their energy 'costs by shifting
usage to a lower. cost period or reducing their consumption overall;
(ii) critical peak pricing whereby time-of-use prices are in effect except for cei1ain peak days,
when prices may reflect the costs of generating and/or purchasing electrcity at the wholesale
level and when consumers may receive additional discounts for reducing peak period energy
consumption;
(ii) real~time pricing whereby electricity prices are set for a specific time period on an
advanced or forward basis, reflecting the utility's cost of generating and/or purchasing
electricity at the wholesale level, and may change as often as hourly; and
(iv) credits for consumers with large loads who enter into pre-established peak load reduction
agreements that reduce a utilty's planned capacity obligations.
(C) Each electric utility subject to subparagraph (A) shall provide each customer requesting a
time-based rate with a time-based meter capable of enabling the utilty and customer to offer
and receive such rate, respectively.
(Emphasis added).
M:smartmeter.dh