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My request to Pennsylvania residents who care about meand other electrosensitive individuals:
1. To please, sooner than later, contact your PA state representative and urge him or her to vote for the smart meter opt out bill (HB 1564), presently in the PA House of Representatives Consumer Affairs Committee which is chaired by Rep Godshall, stating the reasons your representative should vote in favor of this bill. I have stated my reasons here, which you are free to repeat as a friend of someone who is negatively affected by microwaves, but you may have your own reasons, as well. (Attachment 1 is the wording of HB 1564 that we need our PA representatives to support);
AND ALSO
2. To file a conflict of interest ethics complaint regarding PA House Representative Godshall, who has quashed all former smart meter opt out bills in the Committee he chairs, so they never see the light of day. (Attachment 2 is the form for filing a complaint with the PA ethics committee, and Attachment 3 is the code of ethics [with my highlights of relevant portions] which Rep Godshall has violated, in my opinion). I do not know if any action will be taken against Rep. Godshall if anyone files an ethics complaint, but without any ethics complaints filed against him at all, there is absolutely no way any smart meter opt out bill will be brought up for vote, unless or until Godshall is replaced by someone else. It is worth a try. HB 1564 is sitting in his Committee right now, as it has been since June 16, 2017.
Why these actions are important:
You know that I rarely take public political action of any type. But this Bill is near and dear to my heart, and the heart of every single PA resident who suffers from electrosensitivity or other health impairments which can be worsened by exposure to smart meters. You and your family personally may not experience adverse health consequences from microwaves, but for those who do, the effects can be life threatening, as they are to me.
Smart meters and other sources of microwaves have affected my health and the health of many people around the world.
I and others have spent thousands and thousands of dollars remediating my home environment to be as safe as possible from PECO's meters and tower gateway basestations, which bombard homes and the countryside 24/7, every 30 seconds at least, with microwaves.
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I and others whose health is similarly negatively affected by microwaves, have sued PECO in the PA Public Utility Commission (PUC) court, after PECO sent us 10 day shut off notices for refusing smart meters on our homes. My case is in the briefing stage now. It has not been adjudicated yet. Even if I win my case, there is no general opt out, and many PA residents cannot afford to spend thousands and thousands of dollars on expert witnesses and lawyers.
PA must pass smart meter opt out legislation, since the PA PUC has not made any exceptions to the PA smart meter bill PA Act 129, which the PA PUC alone decided years ago mandated universal deployment of smart meters. PECO experts have admitted that their smart meters emit microwaves every 30 seconds, and PECO experts admitted that the flexnet component of their smart meters emits microwaves that are much stronger than a cell phone.
I know this microwave bombardment to be a fact, since I and others have spent a fortune suing PECO in PUC court to attempt to stop having an advanced smart meter placed on my and their homes. The PECO expert witnesses testified in court, that the advanced smart meters do "emit" microwaves, (PECO experts' word is "emit"; my and my experts' word is "pulse"), into the house, every 30 seconds just from the zigbee component of the smart meter (or "smart meter whole house wifi"), that is, every 30 seconds 24/7, and the flexnet component of the smart meter pulses out microwaves, for more than 2 miles, every 90 minutes, at a power of 2 watts, which is much stronger than a cell phone. PECO experts have testified that there is no way for a customer to shield him or herself from these microwaves. We didn't have the time or money to pursue the PECO experts in court about the strength and frequency of the PECO microwave transmissions onto customer's properties and into their homes coming from PECO's 179 tower gateway basestations, which both "read" the microwaves coming from the smart meters, and also send microwaves to the smart meters on customers' homes. These basestations send signals at least 2 miles, and those microwaves scatter, too.
There is no way for an electrosensitive person to turn off a smart meter, like an electrosensitive individual can turn off wifi, and hardwire her computer, and she can choose not to use a cell phone or a microwave oven.
Virtually every other state in the United States which has smart meters has opt out laws, so that electrosensitive individuals and others can opt out of having smart meters on their homes. Pennsylvania does not allow opt outs from smart meters, even with physicians' notes.
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PECO has advised those who have filed formal complaints in PUC court filings, to seek a legislative solution, instead of filing complaints against PECO, if we want an opt out. Yet, PECO has neatly wrapped us out of a legislative solution by hiring Rep. Godshall's son to work for PECO, first in the smart meter roll out sector, now in an apparently different PECO position.
Rep. Godshall has vowed publicly in 2015 (and quite inappropriately, I might add), that he would never allow any opt out from smart meters under any circumstance. This is a complete about face from his discussion on the record in 2008 regarding opt outs from smart meters when Act 129 was being debated (See Attachment 4, Godshall's 2008 comments on the record regarding opt out, and Godshall's 2015 letter to the PUC against granting Susan Kreider a hearing on whether the PECO smart meter harmed her).
Susan Kreider fought valiantly in PUC court, but without the funds to hire a lawyer or expert witnesses, she was initially ruled against by the PUC judges, even though they ruled that she presented a prima facie case for harm caused to her by the PECO smart meter. I had the pleasure of meeting Susan in person at her hearing in March 2016, after talking with her on the phone many times. We corresponded often. Unfortunately, she passed away in the Fall of 2016, while she was hospitalized for a broken leg, and the PUC decided that it did not have jurisdiction to finally rule on her case, since Susan's estate declined to pursue the matter further. I had spoken with Rep. Mike Reese's office last year. Mr. Reese is the PA House Representative who has sponsored other smart meter opt out bills which died in Godshall's committee, and Rep. Reese is the one who is sponsoring the current opt out bills. His office staff's advice last year was to get my congressman to cosponsor Reese's opt out bills. The most important of these opt out bills is of course, House Bill 1564, permitting PA utility customers to opt out from smart meters. The other two of the smart meter opt out bills are just window dressing, in my opinion, but you may feel differently.
I cannot tell you who your representative is in the PA house, but you can look him or her up easily on line:
How to Contact Your Member of the PA House (General Assembly)http://www.house.state.pa.us click on “Find My Representative” on the left-hand side, and enter your street, town and zip code, and it will pull up your state representative's name, your state senator's name, and also your U.S. congressman's name. My representative is Eric Roe. I have already contacted his office, and spoken at length with one of his staff members named Nita. I am going to follow up my conversation with her with a letter and email, too.
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I thank you so much for your time and your action.
Believe me, this is a matter of life and death for me; either life and death, or moving out of the state I was born in, and in which I have lived almost all of my life. If I don't win my case against PECO and there is no opt out for anyone, it means moving far away from the home and farm I and my husband have lived in and cared for the last 27 years.
Going off grid is not an option for us. Our farm uses well water, we have no access to any alternative source of power, and estimates for us to go off grid are over $200,000.
My husband and I are elderly, and both of us have highly complex medical conditions. My husband had been hospitalized and in nursing homes for more than four months in the last two years. He has been home for a few weeks now following his latest emergency hospital admission. I have been spending much of my time for the last three and a half years at home, leaving for short periods of time to go to doctor's appointments and therapies. Moving out of state would mean not only selling our farm, finding a new farm out of state which we could afford which was not near cell phone towers and similar microwave emitting devices, packing up all our belongings and animals and leaving our home of 27 years, but also leaving our friends, our doctors, our animal vets, my horse farrier, all our local service contacts… everything, all because I have become highly allergic to microwaves... and in my supposedly "golden years". This is not right. It would be a daunting task even for a couple who is young and vigorous.
Laura Sunstein Murphy
I would be happy to discuss why I am sending this letter with anyone who cares to call or email. Thank you very much.
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Attachment 1, PA House of Representatives Smart meter Opt Out Bill No. 1564
House of RepresentativesSession of 2017 - 2018 Regular Session MEMORANDUM
Posted: December 29, 2016 03:17 PMFrom: Representative Mike Reese To: All House members Subject:
Consumer “Opt Out” of Smart Meter Usage
In the near future, I plan to introduce legislation to amend Title 66 (Public Utilities) to permit consumers to “opt-out” of having smart meter technology deployed at their premises.
Act 129 of 2008 requires electric distribution companies to develop energy efficiency and conservation plans. The Act also requires electric distribution companies to deploy smart meter technology throughout their service territories according to a 15-year depreciation schedule. Smart meter technology transmits usage data to an electric distribution company and to the consumer on an hourly basis.
I and other legislators have been contacted by constituents that have expressed their desire to not have smart meter technology at their homes or businesses. Their concerns range from securing sensitive and personal information to the health impacts of radio frequency (RF) waves. My perspective is one that questions if a government mandate was appropriate at all.
This legislation, one of three bills addressing smart meter technology that I intend to introduce, would provide consumers the ability to “opt-out” of having a smart meter and require the Pennsylvania Utility Commission to create a fair surcharge system that would be paid by these consumers.
During the 2015-2016 Legislative Session, this bill was introduced as House Bill 394. The following members served as co-sponsors:
REESE, BENNINGHOFF, BISHOP, BLOOM, V. BROWN, DeLUCA, DIAMOND, DUNBAR, DUSH, EMRICK, EVANKOVICH, GABLER, GRELL, GROVE, A. HARRIS, JAMES, KAUFFMAN, LAWRENCE, MALONEY, MARSHALL, METCALFE, METZGAR, MUSTIO, PETRARCA, PICKETT, REGAN, SACCONE, SAYLOR, SNYDER, SONNEY, TALLMAN, TOPPER, KRIEGER, TAYLOR, ORTITAY, R. BROWN, BARRAR, PHILLIPS-HILL, B. MILLER and WENTLING
Introduced as HB1564
PRINTER'S NO. 2043THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILLNo. 1564 Session of2017INTRODUCED BY REESE, BOBACK, R. BROWN, V. BROWN, DUNBAR, EMRICK,GABLER, GILLEN, GROVE, A. HARRIS, PHILLIPS-HILL, JAMES,KAUFFMAN, LAWRENCE, METCALFE, METZGAR, B. MILLER, O'NEILL,ORTITAY, PETRARCA, PICKETT, READSHAW, ROTHMAN, SACCONE,SONNEY, STAATS, WALSH, WARD AND WARNER, JUNE 16, 2017
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REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 16, 2017
AN ACTAmending Title 66 (Public Utilities) of the PennsylvaniaConsolidated Statutes, in restructuring of electric utilityindustry, further providing for duties of electricdistribution companies.
[Here is the language of HB 1564]:
The General Assembly of the Commonwealth of Pennsylvaniahereby enacts as follows:
Section 1. Section 2807(f)(2)(iii) of Title 66 of thePennsylvania Consolidated Statutes is amended to read:
[The following is the current PA smart meter law abbreviated]
"§ 2807. Duties of electric distribution companies.* * *(f) Smart meter technology and time of use rates.--* * *(2) Electric distribution companies shall furnish smartmeter technology as follows:* * *(iii) In accordance with a depreciation schedule notto exceed 15 years."
[Here is the new opt out language contained in HB 1564:]
" Customers may opt out of receiving smart meter technology under this subparagraph by notifying, in writing, the electric distribution company.
The following shall apply:(A) The electric distribution company shallprovide an opt-out form to consumers upon request andmay provide a method for consumers to opt outelectronically through the electric distributioncompany's publicly accessible Internet website.(B) The commission shall create and regulate asurcharge for consumers who elect may provide a method for consumers to opt out electronically through the electric distributioncompany's publicly accessible Internet website.(B) The commission shall create and regulate asurcharge for consumers who elect to opt out ofreceiving smart meter technology under this
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subparagraph. The surcharge may include a one-timefee and a monthly fee reflective of the actual costsincurred by an electric distribution company toinstall, read, maintain or service the meters ofcustomers who elect to opt out.
Section 2. This act shall take effect in 60 days."
This Opt Out Bill had 29 Co Sponsors when introduced in June 2017
PA legislators co-sponsoring HB1564:
The Honorable Mike Reese<[email protected]>,
The Honorable Karen Boback<[email protected]>,
The Honorable Rosemary M. Brown< [email protected]>,
The Honorable Vanessa Lowery-Brown<[email protected]>,
The Honorable George Dunbar<[email protected]>,
The Honorable Joe Emrick<[email protected]>,
The Honorable Matt Gabler<[email protected]>,
The Honorable Mark M. Gillen<[email protected]>,
The Honorable Seth M. Grove<[email protected]>,
The Honorable Adam Harris<[email protected]>,
The Honorable Kristin Phillips-Hill<[email protected]>,
The Honorable R. Lee James<[email protected]>,
The Honorable Rob W. Kauffman<[email protected]>,
The Honorable John A. Lawrence<[email protected]>,
The Honorable Daryl D. Metcalf<[email protected]>,
The Honorable Carl Walker Metzgar<[email protected]>,
The Honorable Brett R. Miller<[email protected]>,
The Honorable Bernie O'Neill<[email protected]>,
The Honorable Jason Ortitay<[email protected]>,
The Honorable Joseph A. Petrarca<[email protected]>,
The Honorable Tina Pickett<[email protected]>,
The Honorable Harry Readshaw<[email protected]>,
The Honorable Greg Rothman<[email protected]>,
The Honorable Rick Saccone<[email protected]>,7
The Honorable Curtis G. Sonney<[email protected]>,
The Honorable Craig T. Staats<[email protected]>,
The Honorable Justin M. Walsh<[email protected]>,
The Honorable Judy Ward<[email protected]>,
The Honorable Ryan Warner<[email protected]>
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Attachment 2 is the form for filing a complaint with the PA ethics committee, which applies only to elected officials to PA state government positions. The complaint form is on the next page. I copied the instructions and the complaint form from the following link:
http://www.ethics.pa.gov/Documents/Forms%20Library/Ethics%20Complaint%20Form/SEC%20-%203%20Ethics%20Complaint%20Form.pdf
They warn you in the instructions not to file frivolous complaints. Mine is not a frivolous complaint.
Commonwealth of PennsylvaniaState Ethics CommissionSEC – 3 REVISED 08/09INSTRUCTIONS1. Complete all sections of the complaint form. Incomplete forms will not be processed.2. Give the specific name and home address of the person about whom you are complaining. If you are complaining about more than one person, use a separate complaint form for each person. You may photocopy or reproduce this form if you need more forms.3. Provide a detailed account of the activity that is alleged to be in violation of the Ethics Law. The Commission’s jurisdiction extends solely to alleged violations of the Public Official and Employee Ethics Law. 65 Pa.C.S .§ 1101 et seq. Please insure that all allegations relate to specific individuals. If you are not sure that the Commission has jurisdiction over the conduct or individual in question, visit the Commission website; refer to the Ethics Law; the Guide to the Public Official and Employee Ethics Law; or contact the State Ethics Commission.4. Enclose records, documents, minutes, etc., that support your allegations.5. Sign the form and have a notary sign, date, and note the date their Commission expires. If using the on-line form, you can complete the requiredinformation on-line, however; when finished you must print it out and manually sign it in the presence of a notary.6. The Commission may only investigate activities within five (5) years after the occurrence of the alleged violation of the Act.IMPORTANTAny person filing a complaint with the State Ethics commission should be aware of the following provisions of the Ethics Law:Prohibited RetaliationNo public official or public employee shall discharge any official or employee or change his official rank, grade or compensation, or deny him apromotion or threaten to do so for filing a complaint with or providing information to the Commission or testifying in any Commission
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proceeding.ConfidentialityThe Commission will keep information, records, and proceedings relating to preliminary inquiries and investigations confidential (this includes the identity of the Complainant, unless there has been a wrongful use of act as defined below).The Commission may disclose information or records regarding a preliminary inquiry or investigation in relation to:• Final orders of the Commission which become public.• Hearings conducted in public, as provided by law.• Appeal of Commission orders.• Seeking the Advice of Legal Counsel.• Consulting with a law enforcement official or agency for the purpose of initiating, participating in or responding to an investigation or prosecution by the law enforcement official or agency.• Testifying under oath before a governmental body or a similar body of the United States of America.• The provision of discovery materials to the subject of an investigation, as required by law.• When necessary or incidental to the conduct of on-going investigations or inquiries.PenaltiesAny person who engages in retaliatory activity proscribed by Section 8(j) is guilty of a misdemeanor and, in addition to any other penalty provided by law, shall be fined not more than $1,000 or imprisoned for not more than one year, or be both fined and imprisoned. Any person who willfully affirms or swears falsely in regard to any material matter before a Commission proceeding pursuant to Section 8 is guilty of a felony and shall be fined no more than $5,000 or imprisoned for not more than five years, or be both fined and imprisoned.Wrongful Use of Act(a) A person who signs a complaint alleging a violation of this act against another is subject to liability for wrongful use of this act if:1. The complaint was frivolous*, (filed in a grossly negligent manner without basis in law or fact), or without probable cause and made primarily for a purpose other than that of reporting a violation of this act, or(b) A person who signs a complaint alleging a violation of this act has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based and either1. Reasonably believes that under those facts the complaint may be valid under this act, or2. Believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information.(c) If a complainant is found to have engaged in a wrongful use of the Act, his identity may be disclosed to the subject of the complaint who may initiate proceedings to recover expenses, fees, losses and damages.
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Commonwealth of PennsylvaniaState Ethics CommissionSEC – 3 REVISED 08/09-FO
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R OFFICIAL USE ONLY
ETHICS COMPLAINTSend completed form to:State Ethics Commission309 Finance BuildingP.O. Box 11470Harrisburg, PA 17108-1470(717) 783-16101-800-932-0936www.ethics.state.pa.usINSTRUCTIONS – Please see Page 1 of this form
1. Identify the person you are complaining about.Name:Address:Position or Title:Work Phone Number:Home Phone Number:
2. Explain in detail why you believe that the individual named above may have violated the Ethics Act.Attach an extra sheet of paper if necessary.
3. Attach or make reference to any documents, materials, minutes, resolutions or other evidence which support your allegations.
4. Sworn to and subscribed before me this__________ day of ____________________________, 20_______________________________________________________Notary PublicMy Commission expires:I swear or affirm, under penalty of perjury, that the facts set forth in thiscomplaint are true and correct to the best of my knowledge and belief. I alsoswear and affirm that I have read and understand the prohibited retaliation,confidentiality, and wrongful use of act provisions on the first page of this form.
SignaturePrint/Type your name:
Home Address:Work Phone Number:Home Phone Number:
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Attachment 3 is the PA Code of Ethics with my highlights as to Rep. Godshall violations of the Ethics Code.
The entire PA Code of Ethics (which applies to elected PA officials to state government positions only) can be accessed at: http://www.ethics.pa.gov/Ethics-Act/Ethics-Act/. I am only interested in the definitions and conflict of interest sections, below:
PA.Gov ETHICS
§ 1101.1. Purpose
(a) Declarations.-- The Legislature hereby declares that public office is a public trust and that any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust. In order to strengthen the faith and confidence of the people of this Commonwealth in their government, the Legislature further declares that the people have a right to be assured that the financial interests of holders of or nominees or candidates for public office do not conflict with the public trust. Because public confidence in government can best be sustained by assuring the people of the impartiality and honesty of public officials, this chapter shall be liberally construed to promote complete financial disclosure as specified in this chapter. Furthermore, it is recognized that clear guidelines are needed in order to guide public officials and employees in their actions. Thus, the General Assembly by this chapter intends to define as clearly as possible those areas which represent conflict with the public trust. [Emphasis added]. (b) Recognition.--It is recognized that many public officials, including most local officials and members of the General Assembly, are citizen-officials who bring to their public office the knowledge and concerns of ordinary citizens and taxpayers. They should not be discouraged from maintaining their contacts with their community through their occupations and professions. Thus, in order to foster maximum compliance with its terms, this chapter shall be administered in a manner that emphasizes guidance to public officials and public employees regarding the ethical standards established by this chapter. (c) Legislative intent.--It is the intent of the General Assembly that this chapter be administered by an independent commission composed of members who are cognizant of the responsibilities and burdens of public officials and employees and who have demonstrated an interest in promoting public confidence in government.
§ 1102. DefinitionsThe following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
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"Advice." Any directive of the chief counsel of the State Ethics Commission issued under section 1107(11) (relating to powers and duties of commission) and based exclusively on prior commission opinions, this chapter, regulations promulgated pursuant to this chapter and court opinions which interpret this chapter. ......... "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular public office or position of public employment. [Emphasis added]. "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit. [Emphasis added]. "Business with which he is associated." Any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. [Emphasis added, Grey Godshall, Rep. Godshall's son, is or was employed by Exelon, PECO Corporation.] .......
"Commission." The State Ethics Commission.
"Conflict" or "conflict of interest." Use by a public official or public employee the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. [Emphasis added.]
"Contract." An agreement or arrangement for the acquisition, use or disposal by the Commonwealth or a political subdivision of consulting or other services or of supplies, materials, equipment, land or other personal or real property. The term shall not mean an agreement or arrangement between the State or political subdivision as one party and a public official or public employee as the other party, concerning his expense, reimbursement, salary, wage, retirement or other benefit, tenure or other matters in consideration of his current public employment with the Commonwealth or a political subdivision.
.....
"Executive-level State employee." The Governor, Lieutenant Governor, cabinet
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members, deputy secretaries, the Governor's office staff, any State employee with discretionary powers which may affect the outcome of a State agency's decision in relation to a private corporation or business or any employee who by virtue of his job function could influence the outcome of such a decision. [Emphasis added. As Chair of the very influential House Consumer Affairs Committee since 2007, Rep. Godshall gets to decide what bills will be voted on and what bills will be quashed in his committee. He has commanded a huge influence on our PA legislation passage for many, many years. See below for excerpts of the posted official biography of Rep. Robert Godshall. He has pioneered many innovations and protected many, but he has used his power to quash all smart meter opt out bills that have been presented in the past, so no voting is allowed on the bills, and he will do so with the current smart meter opt out bill unless he is forced to allow discussion and a vote on the bill.]...................
"Findings report." An initial report containing findings of fact as determined by the State Ethics Commission's investigation.
....................................
"Immediate family." A parent, spouse, child, brother or sister. [Emphasis added].
§ 1103. Restricted activities (a) Conflict of interest.-- No public official or public employee shall engage in conduct that constitutes a conflict of interest. [Emphasis added] (b) Seeking improper influence.--No person shall offer or give to a public official, public employee or nominee or candidate for public office or a member of his immediate family or a business with which he is associated, anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror's or donor's understanding that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby. (c) Accepting improper influence.--No public official, public employee or nominee or candidate for public office shall solicit or accept anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment, based on any understanding of that public official, public employee or nominee that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby. ,,,,,,,,,,.......
(f) Contract.-- No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into
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any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. [Emphasis added]. This paragraph is arguably applicable to Rep. Godshall's son, Grey Godshall, and his recent employment with PECO's smart meter roll out division, and Rep. Godshall's so far successful efforts to quash all PA smart meter opt out bills from being voted on, but more facts are necessary to verify this position. Grey Godshall did post on Linkedn that he was a project manager for Exelon; PECO is an Exelon Company.
Grey Godshall
Project Manager at Exelon
,,,,,,,,.
(j) Voting conflict.-- Where voting conflicts are not otherwise addressed by the Constitution of Pennsylvania or by any law, rule, regulation, order or ordinance, the following procedure shall be employed. Any public official or public employee who in the discharge of his official duties would be required to vote on a matter that would result in a conflict of interest shall abstain from voting and, prior to the vote being taken, publicly announce and disclose the nature of his interest as a public record in a written memorandum filed with the person responsible for recording the minutes of the meeting at which the vote is taken, provided that whenever a governing body would be unable to take any action on a matter before it because the number of members of the body required to abstain from voting under the provisions of this section makes the majority or other legally required vote of approval unattainable, then such members shall be permitted to vote if disclosures are made as otherwise provided herein. In the case of a three-member governing body of a political subdivision, where one member has abstained from voting as a result of a conflict of interest and the remaining two members of the governing body have cast opposing votes, the member who has abstained shall be permitted to vote to break the tie vote if disclosure is made as otherwise provided herein. [Emphasis added]."
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Connect with Grey
From Rep. Godshall's posted biography: "Bob Godshall was elected to represent the citizens of Montgomery County’s 53rd Legislative District in the Pennsylvania House of Representatives in 1982. He is now the most senior Republican member in the House with 34 years of service to the citizens of Pennsylvania.
Throughout his lengthy career in public service, Godshall has worked to encourage business development, job creation and quality of life in the Commonwealth. He has guarded the interests of taxpayers and vulnerable populations such as the elderly, children and the less fortunate.
As chairman of the House Consumer Affairs Committee since 2007, Godshall has worked to ensure consumers are informed and protected. He championed legislation to phase in electric rate increases when rate caps were lifted. He also supported measures to ensure the safety of natural gas pipelines and the expansion of benefits for senior citizens through the Property Tax/Rent Rebate program and the PACE/PACENET prescription assistance programs.
A former member of the House Tourism and Recreational Development Committee, Godshall crafted legislation to invigorate the state’s $39 billion travel and tourism industry, which provides jobs for about 479,000 Pennsylvanians. Godshall was chairman of the committee during the development of the National Constitution Center and served 12 years on its board of directors with such notables as presidents George H. W. Bush and Bill Clinton, each of whom served a term as chairman of the board.
A member of the House Insurance Committee, Godshall has worked to ensure that breast cancer patients have reasonable coverage for reconstructive procedures. He also supported a law guaranteeing in-patient care for new mothers and an HMO patient bill of rights, which establishes consumer protection and managed care accountability measures that give Pennsylvanians access to quality, affordable health care.
Godshall has been recognized for his pro-taxpayer votes in the Legislature. His legislation to require unannounced inspections of child care facilities aims to protect small children, and he has expended significant effort to increase state funding for basic education. An avid hunter and fisherman, Godshall also is widely recognized as one of the premier advocates for sportsmen’s issues in the General Assembly.
Throughout his career, Godshall has received numerous awards, citations and special recognition, but none more personally satisfying than the 2011 American Hero Award from the National Kidney Registry. The recipient of a life-saving bone marrow transplant, Godshall’s groundbreaking legislation to provide tax breaks to employers who grant workers time off to donate an organ or bone marrow was intended to increase donations by living donors. His legislation is being used as a national model to encourage similar measures in other states.
Godshall received the first ever Government Award from the “Water Resources Association of the Delaware River Basin” for his 20-year effort to bring a viable surface water supply to the drought-prone North Penn and Indian Valley areas. In fact, 85 percent
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to 90 percent of the water supply in this area is a result of this effort. Godshall’s family roots in the North Penn area of Montgomery County date back more than 250 years. He was raised on the family farm near Souderton and attended Souderton schools. After graduating from Juniata College, he attended the University of Pennsylvania, Wharton School of Business, before returning home to help run the family’s poultry business. He was soon drawn into public service. He served 17 years on the Souderton School Board. He is a long-time member of the Hatfield, Indian Valley and North Penn Chambers of Commerce; and he is past president and former board member of the Perkiomen Valley Watershed Conservancy where he worked on the development of the Montgomery County park system along the Perkiomen Creek. Godshall also served on the boards of trustees of the National Constitution Center, the Philadelphia Convention and Visitors Bureau, the Legislative Budget and Finance Committee, the Harleysville Senior Adult Activity Center, the American Red Cross (North Penn Branch), and as a member of the Indian Valley Public Library Steering Committee. He was serving as Montgomery County comptroller when he was elected to the House."
Attachment 4:
Godshall 2008 testimony on Act 129 debate, and Godshall 2015 letter to the PUC urging the PUC to deny Susan Kreider a hearing as to whether the PECO smart meter harmed her.
Excerpt of Rep. Godshall 2008 testimony in Act 129 debate, when the PA House was debating an amendment to make smart meters mandatory. Rep. Godshall was vociferous in his opposition to force smart meters on all consumers in 2008. (By way of background, the PA Senate later adopted its own smart meter legislation, which deleted the mandatory requirements, and the PA House later adopted the Senate version with no changes which became Act 129, but that is an argument for a different venue):
By Rep Godshall: “In this case are we not taking the choice away from the consumer by saying you have to put this in service in your district rather than you may or you have a choice? Are we not saying that you must do it? We are taking that choice away from the consumer, I believe, and I would have no problem with this if we do it on a choice basis, as you used the word “choice” before. We are taking that choice away.”> > Source: February 11, 2008 as published in PA House Journal PN 3218, page 390
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October 2015 Letter from Rep. Godshall to the PUC advocated that neither Susan Kreider nor anyone else should get a hearing as to whether the smart meter harmed her.
This letter clearly shows Rep. Godshall’s bias and attempted abuse of his power against the PUC and against Susan Kreider, who alleged that the PECO smart meter had harmed her health. The PUC had already ruled in Susan Kreider’s favor and against PECO’s motion to limit Susan’s testimony. PECO had appealed the PUC decision against it, in a motion for reconsideration. It was at this point, when the PUC was reconsidering its original ruling that Susan Kreider be permitted to testify as to how the PECO meter harmed her, that Rep. Godshall wrote the letter reproduced below. Rep. Godshall took it upon himself to voice his opinion to all the PA PUC Commissioners plus the PUC’s Director of legislative affairs. The second page of Rep. Godshall’s attempt to intervene in the PUC complaint of Susan Kreider is quite informative, saying that he is not a lawyer, but cannot imagine any law contradicting another law, that PECO is required to deploy smart meters pursuant to Act 129, with no exceptions, and the PUC should review Act 129 and carefully reconsider ruling against PECO in the Susan Kreider hearing matter. If you want a more legible copy of both pages of Rep. Godshall's letter to the PUC in the Kreider matter, please use this link, which is where I pulled the Godshall letter: http://www.puc.state.pa.us/pcdocs/1386475.pdf
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The PUC replied quite appropriately to Rep. Godshall’s inappropriate ex parte entreaty on PECO's behalf: here is a link to the PUC's reply (reproduced below): http://www.puc.state.pa.us/pcdocs/1386478.docx
COMMONWEALTH OF PENNSYLVANIAPENNSYLVANIA PUBLIC UTILITY COMMISSION400 NORTH STREET, HARRISBURG, PA 17120
IN REPLY PLEASE REFER TO OUR FILEC-2015-2469655P-2015-2495064
October 7, 2015
Honorable Robert W. Godshall, ChairmanHouse Consumer Affairs CommitteePennsylvania House of Representatives150 Main Capitol BuildingPost Office Box 202053Harrisburg, Pennsylvania 17120
RE: Susan Kreider v. PECO Energy CompanyDocket Numbers C-2015-2469655; P-2015-
2495064
Dear Representative Godshall:
Thank you for your letter dated October 7, 2015, to Chairman Gladys Brown, and copied to the members of the Pennsylvania Public Utility Commission, regarding the Formal Complaint of Susan Kreider and the Petition for Reconsideration filed by the PECO Energy Company (PECO). Since this matter is still pending a final decision by the Commission, and Chairman Brown and the Commissioners will be voting on the final adjudication of these matters, they are prohibited from responding to your letter due to the statutory prohibition on ex-parte communications at 66 Pa. C.S. Section 334(c). Please be advised that your comments will be served to all parties in this proceeding, and will be made public in the Commission’s record at the above docket numbers.
Sincerely,
Rosemary ChiavettaSecretary of the Commission
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cc: All Parties of RecordChairman BrownVice-Chairman ColemanCommissioner WitmerCommissioner PowelsonCommissioner PlaceJune Perry, Director of Legislative AffairsOffice of Special Assistants, PUC
Enc.
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