20220816Final_Order_No_35504.pdf

ORDER NO. 35504 1
Office of the Secretary
Service Date
August 16, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

TAMI THATCHER,

COMPLAINANT,

vs.

PACIFICORP, d/b/a ROCKY MOUNTAIN
POWER COMPANY,

RESPONDENT.
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CASE NO. PAC-E-22-09

ORDER NO. 35504

On May 2, 2022, the Commission received a formal complaint filed by Tami Thatcher
(“Complainant”) against PacifiCorp d/b/a Rocky Mountain Power Company (“Company”).
Complainant objects to the installation of a smart meter at her residence, and requests to opt-out
of the smart meter program.
On June 15, 2022, the Commission issued a Summons directing the Company to file an
answer to the complaint within 21 days of issuance of the Summons. The Company filed its answer
on July 6, 2022, objecting to the Complaint and asking that the matter be dismissed.
The Commission now issues this Order dismissing the Complaint.
FORMAL COMPLAINT
Complainant represented that a Company representative assured her she could opt-out of
the smart meter program, but subsequently informed her that opting-out is not available to Idaho
residents. Complainant would like to opt-out of the smart meter program, because she believes the
Company’s smart meter handouts obscure and minimize the consumer health risks of smart meters.
Complainant criticized current studies on smart meter safety as being incomplete and failing to
adequately protect consumers. Complainant alleged that smart meter radio frequency emissions
have caused or aggravated her health problems—including insomnia, increased tinnitus, and heart
palpitations. Finally, Complainant criticized the Commission’s formal complaint process as being
onerous and for deterring the airing of consumer grievances.
COMPANY’S ANSWER
The Company filed its answer objecting to the Complaint and asking that the matter be
dismissed. Answer, 1. The Company provided a factual background of its smart meter program
and an overview of the prevailing scientific research on smart meter technology—all of which
ORDER NO. 35504 2
show that smart meters are safe for consumers. Id. The Company is opposed to establishing a smart
meter opt-out program. Id. The Company acknowledged that Complainant may have received
information about a Utah smart meter opt-out program that is unavailable in Idaho. Id. at 2-3. The
Company expressed regret to the Complainant and the Commission that providing the incorrect
state-specific materials to the Complainant did not meet their high customer service standards. The
Company has since provided Complainant with the correct smart meter materials, including four
authoritative studies that address the Complainant’s personal and public health concerns. Id.
The Company strongly disagreed with Complainant’s assertions that the smart meter
studies are not scientifically sound and that smart meters could cause heart fibrillations or
negatively impact the Complainant’s health. Id. at 3. The Company presented that industry
research and agencies have all determined that smart meters are safe and provide no threat or harm
to the public. Id. at 4-5. The Federal Communications Commission (“FCC”) has jurisdiction over
smart meters and regulates the safety of equipment that produced radio frequencies and has
approved smart meters as safe for consumers. Id. at 3-4. By illustration, smart meters emit 100
times less radio frequency density than a laptop computer, 300 times less than a cell phone, and
50,000 times less than standing next to the microwave oven while in use. Id. Further, the Company
argued that the Complainant has not presented any persuasive evidence that would warrant
disregarding the prevailing research. Id.
The Company also asserts that its Idaho smart meter presentations do not represent that an
opt-out option is available. Id. at 5. Consistent with Commission precedent, a public utility’s smart
meter project is not required to include an opt-out provision under administrative rule, order,
statute, or applicable provision of the Company’s tariff. Id.; See Case No. IPC-E-12-04, Order
32500; Case No. AVU-E-17-11, Order 33979. Finally, the Company asked that the matter be
dismissed.
COMMISSION DISCUSSION AND FINDINGS
The Commission has jurisdiction over this matter under Title 61 and IDAPA 31.01.01. The
Commission has had previous opportunities to review smart meter technology, and the prevailing
scientific research on consumer safety, and concluded that smart meters are allowed in Idaho. See
Case No. IPC-E-12-04, Order 32500; Case No. AVU-E-17-11, Order 33979. Although we do not
question the sincerity of Claimant’s beliefs on the matter, her assertions do not establish a
persuasive causal relationship between the smart meter program and her health concerns. Further,
ORDER NO. 35504 3
Complainant has not cited any precedent where a public utility’s smart meter project in Idaho is
required to include an opt-out provision. See Case No. IPC-E-12-04, Order 32500; Case No. AVU-
E-17-11, Order 33979.
The Commission addresses informal and formal complaints through the process outlined
in its administrative rules, and does not provide preferential treatment to any party participating in
the process. IDAPA 31.01.01.054. In this case, Complainant seeks an outcome that is not required
under the law, and for reasons that go against well-established evidence on smart meter safety.
Again, the FCC has jurisdiction over the approval and use of radio frequency devices, such as
smart meters, and has approved smart meters as safe for consumers. Complainant has not provided
sufficient demonstrable, credible evidence to support a finding that the smart meters present
legitimate safety concerns or that an opt-out program is required. The Commission therefore
dismisses the complaint.
ORDER
IT IS HEREBY ORDERED that the Complaint filed by Complainant is dismissed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. Idaho Code § 61-626.

ORDER NO. 35504 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day of
August 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

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