PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE
STATE OF CALIFORNIA
ADMINISTRATIVE LAW JUDGE AMY YIP-KIKUGAWA, presiding
Application of Pacific Gas andElectric Company for Approval ofModifications to its SmartMeter™Program and Increased RevenueRequirements to Recover the Costs ofthe Modifications. (U39M)
And Related Matters.
))))))))))
EVIDENTIARYHEARING
Application11-03-014;A.11-03-015;A.11-07-020
REPORTERS' TRANSCRIPTSan Clemente, California
December 18, 2012Pages 904 - 981
Volume - 9
Reported by: Ana M. Gonzalez, CSR No. 11320Michael J. Shintaku, CSR No. 8251
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
905
STATEMENTS
MR. JINBACHIAN 911
MS. HOFFMAN 914
MS. DUELKE 916
MS. LUBBRES 917
MS. RAWLINS 919
MS. SHELDON 921
MR. SCHWAEBE 923
MS. BRINCHMAN 925
MS. BEARD 927
MR. FRANK 928
MR. FRANCIS 930
MR. HOLTZMAN 931
MS. BERCICH 933
MR. DONOVAN 935
MS. MYCENA 937
MS. LEWIS 939
MS. TAAR 940
MS. HOMAN 942
MR. SAVILL 944
MR. BERECZKY 947
MR. WILSON 948
MR. BLACK 951
MR. CORRIGAN 952
MS. SCHLICHT 954
MR. STEWART 956
MS. RAMSEY 958
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
906
MS. GEERLINGS 959
MS. LINSKY 962
MR. SCHALLER 962
MS. PLOURDE 964
MR. TYLER 965
MR. MASON 967
MR. SMITH 968
MS. MALLON 970
MR. MAYALL 971
MS. ANDERSON 972
MR. McCULLOH 974
MS. PERATA 977
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
907
SAN CLEMENTE, CALIFORNIA
DECEMBER 18, 2012 - 6:00 P.M.
* * * * *
ADMINISTRATIVE LAW JUDGE YIP-KIKUGAWA:
We'll be on the record.
The Commission will come to order.
This is the time and place set for the
Commission for the Public Participation
Hearing in Applications 11-03-014, 11-03-015,
and 11-07-020 addressing cost and cost
allocation issues related to providing an
option for gas and electric utility
residential customers who do not wish to have
wireless smart meters installed in their
location.
And good evening, everyone. I am
Administrative Law Judge Amy Yip-Kikugawa.
The assigned commissioner for this proceeding
is President Michael Peevey.
And to start off with, a Public
Participation is exactly what the name
suggests. I'm here to hear from all of you.
I do want to hear your comments. And if you
do wish to speak, you should have signed up
with the Public Advisor's Office in the back.
If you haven't done so, please do so now.
UNIDENTIFIED WOMAN: I don't
understand.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
908
ALJ YIP-KIKUGAWA: Okay. So I will be
calling for you to make a statement. We will
have everyone who has signed up will have an
opportunity to speak.
A couple housekeeping matters before
we begin. I do have two reporters here
today. They will be taking down everything
and preparing a transcript. That transcript
will be given to the commissioners. And they
will be reading it.
So I do ask that when you are called
up to please speak slowly and clearly into
the microphone. Please as audience members
do not interrupt the speaker. It's very
difficult for our reporters to get an
accurate record if there's a lot of
background comments from people as the
speaker is speaking.
This hearing is scheduled to last
for two hours. And each speaker is going to
have two minutes to speak. We will also be
taking a short break about halfway through.
And, again, please be sure all of you who
wish to make a comment will have an
opportunity to do so.
And, again, since this is a Public
Participation Hearing and to hear comments
from all of you, there are no questions and
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
909
answers. I'm not here to answer any
questions that you may have. It's really I
want to hear from all of you.
So just a little background on how a
decision will be made in this proceeding and
what the process is. For the three
utilities -- Pacific Gas & Electric Company,
Southern California Edison Company, and
San Diego Gas and Electric Company -- they
were ordered earlier this year by the
Commission to modify their advanced metering
infrastructure programs to include an option
for customers who did not wish to have a
wireless smart meter.
As part of that order, there were
interim fees that were adopted. And a second
phase was kicked off to consider what the
permanent fees should be and also what costs
should be recovered from the utilities.
So that is where we are today. For
Southern California Gas Company, they do not
have an opt-out option for their advanced
metering program yet. That is something that
is currently pending before the Commission.
A decision will be issued on that in the near
future.
The utility, however, SoCalGas, is
participating in this proceeding. And we're
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
910
also as part of phase two looking at
SoCalGas's cost and cost allocation issues.
In terms of how a decision is going
to be made, we have had evidentiary hearings
in this proceeding already. For utilities as
well as various consumer groups have
submitted testimony. We have had the
witnesses subject to cross-examination. And
the evidentiary hearings have been concluded.
And we are now also going to be receiving
briefs from all parties.
And when I talk about the consumer
groups, that includes the Commission's own
Division of Rate Payer Advocates as well as
outside consumer groups such as The Utility
Reform Network and Aglet Consumer Alliance.
The briefs and the evidentiary
hearing testimony from the evidentiary
hearings -- that makes up part of the record.
Another part that we do consider is public
input. And that is what we're here for
today, is to hear from all of you.
When I conclude all the information
that is submitted to me, when the briefs are
filed, I will be looking at the evidence. I
will be preparing a proposed decision for the
Commission to consider.
The commissioners may vote out my
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
911
decision. Or if one of the commissioners
wishes to have an alternate outcome, they can
provide -- they can write what's called an
alternate proposed decision. Whatever
decision is voted out by the Commission is
the final say.
So that's the process that we have.
And before we go into public comment, what
I'd like to do is just make a few quick
introductions. And first is to my right is
Varoujan Jinbachian, who is from our Public
Advisor's Office. And I'd like him just to
give a couple words about what the Public
Advisor's Office does.
STATEMENT OF MR. JINBACHIAN
MR. JINBACHIAN: Thank you, your Honor.
Good evening and welcome. My name
is Varoujan Jinbachian. I'm with the Public
Utilities Commission with the Public
Advisor's Office. Our office helps the
public to participate in PUC proceedings. We
facilitate hearings such as this. And our
staff was outside signing up speakers.
In addition to making verbal
comments here today, you could also send us
written comments. We have our agenda
outside. And I know a lot of you were
picking them up. On the backside of the
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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agenda, there's our contact information, both
our mailing address and email address. If
you send us any comments, we'll route them to
the judge and also to the offices of the
commissioners so they will see your written
comments.
We also have a free subscription
service where you can sign up electronically
and you will receive updates on this
proceeding or any other proceeding. Again,
on the back of the agenda, there is a link
for the subscription service. You could just
follow the link, and you could enter this
proceeding number to get updates.
If you have any questions, please
see our staff outside, or you could talk to
me after the hearing and we'll try to help
you as best as we can. Thank you and
welcome.
ALJ YIP-KIKUGAWA: For the other
introductions, what I would like to do is
introduce you to individuals that are from
the various utility smart meter programs.
And they are available to answer any
questions that you may have about the opt-out
costs or their proposals after the hearing.
Or you can just step outside during the
hearing if you wish to speak to them.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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And if I could have Mr. Cave from
San Diego Gas and Electric Company just wave
and identify yourself, okay. We also have
Mr. Nicolatte (phonetic) from Southern
California Edison Company. And we also have
Mr. Healy from Southern California Gas
Company. So those individuals you may speak
with them after the hearing.
We also have outside in the entrance
area representatives -- customer service
representatives from the three utilities.
And they can help you with customer billing
information that you may have or even if you
wish to sign up for the opt-out program. So
if you wish to do either of that, you may
also go out into the entry area and speak
with them.
Okay. I'd like to just proceed with
the public comment period. When I call your
name, please come up. I'll be calling two
names at a time so that we can move a little
faster.
The other thing is we do have a
timer here. She will be our timekeeper.
There's two minutes. And she will give a
warning at the one-minute mark, and she will
also note when the time is up.
Off the record.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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(Off the record)
ALJ YIP-KIKUGAWA: Back on the record.
One other thing before we proceed is
there is a request that all cell phones also
be turned off at this point. So if you do
have a cell phone on, please turn that off.
Okay. So let's begin with our
public comment period. We have first Cindy
Hoffman followed by Ann Duelke.
STATEMENT OF MS. HOFFMAN
MS. HOFFMAN: Wireless technology is
efficient, cheap, and it's fun. I don't want
wireless technology to be dangerous to our
health. But after reading the many
independent research studies, I don't see how
anyone can honestly come to any other
conclusion but that wireless causes illness.
All wireless devices emit radiation
which builds up in the body over time. It's
called time-weighted. The FCC states that
wireless devices are safe on a thermal basis
because the radiation they emit is too weak
to thermally heat our tissue.
Industry and the utilities hang
their hat on this. They blatantly ignore the
nonindustry research that shows serious
damage from a nonthermal biological effects
at a cellular level.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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Everybody's different. But when
your radiation bucket's full, you get sick.
It may take 10, 20, 30 years. But how fast
did your last 20 years go?
Smart meters emit radiation every 20
to 30 seconds every hour every day. I know
this because I don't own a meter. And I've
metered many of these. As a consumer, you
are powerless to stop it unless you pay for a
safer meter.
I've talked to folks in apartments
with banged up meters on the wall. And
they're despairing because they might opt out
but the other four, five, six, ten are still
there.
I talked to business owners. They
don't understand. They've opted out of their
residence. But they can't opt out of their
business? Doesn't make sense.
I've talked to many folks who don't
want a smart meter. And they can't afford
the opt-out already. To charge more is
unconscionable.
The CPUC's mission statement states
"The CPUC serves the public interest by
protecting the consumer and ensuring the
provision of safe, reliable utility
services." I don't think the CPUC is meeting
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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their own mission statement. Most people are
here tonight because they're taking on the
job to protect the people that the CPUC
should be doing.
We implore you please recommend
approval for community opt-out, business
opt-outs, and no increase in the opt-out
fees. Or, better yet, let anyone who wants
to opt out do so at no cost. That would be
the moral and a just decision for the people
of California.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Ann Duelke followed by Marie
Lubbres.
STATEMENT OF MS. DUELKE
MS. DUELKE: Hi. My daughter has
lustemic (phonetic) Lyme disease. She was
doing much better until October of last year
when six smart meters were installed in her
unit in Turtle Rock Condo.
At that time, her health
deteriorated rapidly. She became extremely
dizzy. She's had two MRIs. They're
perfectly fine. Everything is fine on the
MRI. But her eyes were so heavy during the
month that these smart meters were installed
that she couldn't see straight. She had to
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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keep other eyes closed. I had to take care
of her during that week.
She has weakness in her arms since
October when they were installed. She walks
with a shuffling gait at times. She's had
nausea, headaches, insomnia -- a gamut of
neurological symptoms. I'm a nurse. And I
started to research what the damage from
these smart meters could do. And she did,
also.
My daughter is going to be forced to
relocate because of the neurological symptoms
she still has off and on. And, frankly,
after I read the literature, I had my smart
meter removed from our home. So I hope the
powers that be will take this into
consideration.
ALJ YIP-KIKUGAWA: Thank you.
Marie Lubbres followed by Sharon
Rawlins.
STATEMENT OF MS. LUBBRES
MS. LUBBRES: I'm a nursing resident.
I opted out of the smart meter program out of
concern for my health. I have to pay $195 a
year in addition to my electricity bill. I
strongly object to these fees. I consider it
as unlawful to ask opt-out people to pay when
opting out when the federal government never
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made smart meters mandatory.
CPUC Code Section 745(d) says
residential customers have the option to not
receive service pursuant to time-variant
pricing and incur no additional charges as a
result of the exercise of that option. It
appears then that making people pay for
opting out is a violation of the law.
The electricity company pretends
that the opt-out people costs them money, but
we actually save money and energy. The
traditional meter has a longer lifespan than
the smart meter and uses less electricity to
function.
Connecticut has asked to terminate
its smart meter program after a pilot study
showed that there were no energy saving.
Many families' electricity bill is extremely
low. We do not need a smart meter to know
how to keep our energy consumption low.
People can be educated about that. They
don't have to be forced into an unhealthy
system.
I want no special fee for opting
out. I'm not prepared to bear additional fee
next year. I demand that the opt-out option
should be extended to local governments and
communities and that business should be
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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allowed also to opt out. Besides it's very
discriminatory if you have to pay to opt out
because some people cannot afford it. That's
it.
ALJ YIP-KIKUGAWA: Thank you. ]
Sharon Rawlins followed by Dorothy
Sheldon.
STATEMENT OF MS. RAWLINS
MS. RAWLINS: I'm not going to talk
about the meter itself, because I don't have
one. I'm going to talk about how aggressive
the electric company has been to come into my
property and force them on me.
I had to call the police finally.
The first time they came into my backyard, my
backyard is fully fenced with locks on them.
They come early in the morning. They come in
your backyard. They pound on your windows
and wake you up, and I'm in the bathroom in
my robe. I come out, and I look to see who
is in my backyard, and he ran away and
disappeared on -- a gate we didn't have a
lock on. I didn't know who it was. So I
called the electric company they said nobody
was sent to your house, which was a lie.
Anyway, they came again later. And
they squeezed through a gate that we had a
fifth wheel pushed up against and broke the
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gate because the pushed it in backwards. And
I did hear him, and he pounded on my window
again, woke me up out of a dead sleep, scared
me. And I went out and I saw him taking the
glass off my meter. I told him to stop. I
was calling the police. He was behind the
locked gates in my property. The police came
and told him he had to leave. He said my
name was on a list for him to come and change
the meter. And I told him no, I don't want
my meter changed. They have been very
forceful.
Then they sent me a letter a week
and a half ago saying thank you for joining
the opt-out program. I never joined the
opt-out program either verbally or in
writing. And the whole letter was nothing
but lies. And I wrote back to them and told
them that I did not join verbally or in
writing. I just mailed that yesterday.
So they've been extremely aggressive
to me the whole way. And trying to force
this on me and breaking into my yard and
saying that they weren't sent. And it is
just has been ridiculous and scaring you
early in the morning coming and your
property. So that is about all.
ALJ YIP-KIKUGAWA: Thank you. Dorothy
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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Sheldon followed by Michael Schwaebe.
STATEMENT OF MS. SHELDON
MS. SHELDON: Why were these smart
meters deployed without customer consent.
Increased fees, unjust, and punitive,
arbitrary, and unreasonable which violates
the California Public Utilities Code 451.
What is the price of our families'
health, safety and privacy? This infringes
our constitutional privacy and property
rights. It is wrong to charge extra rate
increases for customers to choose the
healthful, analogue electric meters. Isn't
this called legalized thievery?
I did not want a smart meter on my
home. Both my husband and I have pacemakers
that are affected by radiofrequency
radiation. My doctor warned both of us to
use cell phones with care. We have been
extra cautious to keep away from radiation
from all sources such as WiFi, cell phones,
et cetera.
As a senior citizen living on a
fixed income, we do not have the luxury in
our budget to spend hundreds of dollars to
maintain this opt-out program. Why are we
being forced to spend our precious little
funds of protecting our health from these
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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smart meters. The analogue meter that is
currently on my home works just fine. By
billing me for a meter a higher rate than
those without my disability, some would call
this discrimination. My husband and I are
forced to pay higher rates due to our
disability. Unjust and illegal. Everyone
should pay the same.
It is criminal that a United Nations
request, not a U.S. federal mandate, has
forced all homes in a America to get the new
smart meters which are hazardous to our
health, an invasion of privacy, and can be
hacked. This has been stealthily done.
People were given no prior
information that the new meter causes health
problems. There was no information about
radiofrequency microwave emissions every six
to seconds, eight to 10 times a minute,
14,000 times a day, 24/7. How can all these
RF signals not destroy our health? People
will be sick and will not know it, will not
know why. There will be an increase of
childhood leukemia. This will destroy our
health at the cellular level. This is
dangerous, invasive, expensive. What we are
doing to people should not be done? It is
not just health, but our bills will go up
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
923
four or five times higher than it has been
shown already.
This is disaster killing by smart
meters. NASA published a 1984 report.
ALJ YIP-KIKUGAWA: Ma'am, you need to
end.
MS. SHELDON: Okay. Thank you.
ALJ YIP-KIKUGAWA: Michael Schwaebe
followed by Susan Brinchman.
STATEMENT OF MR. SCHWAEBE
MR. SCHWAEBE: My name is Michael
Schwaebe. I'm a professional engineer.
UNIDENTIFIED SPEAKER: Microscope,
please.
UNIDENTIFIED SPEAKER: Microphone.
MR. SCHWAEBE: My name is Michael
Schwaebe. I'm a professional engineer. I'm
from Encinitas, California where I've resided
for more than 30 years.
I worked for Southern California
Edison in the San Onofre Nuclear Generating
Station for more than 20 years. There I had
a head bump. I hurt my head. From that
point more than 15 years ago I became
environmentally sensitive, that includes
electric.
And it took a long time to figure
out my life, and I did. And it caused me to
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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learn about electric and how it affects me,
how to measure it. The smart meters affect
me. I wasn't home, I was away when the smart
meters were installed. I would have never
given permission. The smart meter is gone
now, but I had to live with it for more than
a year. It hurts my head. It hurts a lot of
people's heads.
So if we look at the smart meter, if
you look at the whole radiation industry, it
looks like they've never been proven safe.
They have never been proven safe. The smart
meter never had an environmental impact study
and said it was safe. I consider it to be a
criminal nuisance. And everyone should have
a right not to have a meter at no cost to
them.
Here I have a book, it is called
Cellular Telephone Russian Roulette by Robert
Kane. He worked in the industry for 30
years. He died of brain cancer. And he
writes in here that the microwave was known
to be a health hazard, and known to cause
cancer four years ago. So this is what we
are up against, long-term health and
neurological consequences.
I urge you to represent this and the
others in just this way of like it is not
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
925
right. We need to have the options without
fees. Thank you.
ALJ YIP-KIKUGAWA: Susan Brinchman
followed by Sarah Beard.
STATEMENT OF MS. BRINCHMAN
MS. BRINCHMAN: Hi. My name is Susan
Brinchman. I live in La Mesa, California.
And I'm here representing myself and also a
party to the opt-out proceedings, but I'm not
representing my organization, the Center for
Electrosmog Prevention at this time.
I'm a person who has been profoundly
affected by the smart meters. Before the
smart meters were put on my property I had a
gas smart meter and an electric smart meter.
Before they were put on my property where
they remained for two years, I had no
symptoms of electrosensitivity. I didn't
even really know what that was. And I was
able to use other devices without any problem
problems that I could detect, such as cell
phones or computers or, you know, microwave
ovens, et cetera.
Now since the smart meter was put on
my home, within six months I became sensitive
to cell phone radiation to, computer emitted
radiation, to any form or RF radiation that
is in a microwave range. I cannot use
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926
microwaves anymore.
It has completely disrupted my life.
They gave me headaches dizziness, heart
palpitations. I listed 15 different symptoms
that came from the smart meters. Now I can't
be on WiFi. All the buildings have WiFi now.
So it ruined my health and my life. The
quality of life is destroyed.
Also a company can save money on
meter meters and gouge us. I want no fees.
I think anyone who wants to get rid of this
disastrous device until they are all banned.
I think they should be all banned. I think
they should not pay a dime. Not one.
(Applause)
MS. BRINCHMAN: They should be removed
immediately. It is a menace to public
health.
And Judge Kikugawa, you can do
something about this. I ask as a mother, you
are a mother, you wouldn't want your children
to end up like I am. And believe me, it can
happen to them. It can destroy their lives.
Children are more susceptible. Don't listen
to anyone except these people and make the
right decisions. Thank you.
ALJ YIP-KIKUGAWA: Thank you. Sarah
Beard followed by Bill Frank.
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927
STATEMENT OF MS. BEARD
MS. BEARD: CPUC, do your job. Your
job is to protect, defend our God-given human
rights from privacy violators, safety
violators, health violators. Your job is --
the Legislature finds California Public
Utilities Code Section 328, no customer
should have to pay separate fees for
utilizing services that protect the public or
customer safety.
I cannot be charged money for a
benefit of exercising any of my God-given
human rights. Smart meters are not safe, not
healthy, not private. That threaten my life,
my liberty. As such, they are
unconstitutional. I never gave up any of my
rights, of any of those rights. It is my
duty and my right to defend my life, my
privacy, my safety, my health against smart
meters. As such, I should not be charged for
the benefit of exercising any of these
God-given human rights treating them as a
benefit.
The 9th and 10th Amendment of the
U.S. Constitution states, a certain rights
should not be construed to deny or retain --
others by the people. We never gave up any
of these rights. You can't take them away
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
928
from us and charge us for them. That
is immoral.
I already gave this all to you. So
that is basically it. I hope you will judge
in the correct way and not judge like the
Supreme Court Judge as Dred Scott, blacks
can't be citizens. There has been a lot of
judges that have judged wrong. Follow your
own laws, protect the people. We are not
going to stand up to this. This is a joke.
It is sick, and we were not doing it. We
have the right to opt out for nothing. It is
our human rights.
ALJ YIP-KIKUGAWA: Bill Frank followed
by Dave Francis.
STATEMENT OF MR. FRANK
MR. FRANK: I live in Santa Ana with my
wife. We purchased a home there about 18
years ago. And at that time I wasn't aware
of the fact that previous owners had
installed on the air conditioner some kind of
regulator that Edison put on where they could
control the electricity going to that air
conditioner.
So we ended up with -- during that
hot streak that we had like four days of
triple digit weather, my wife cannot handle
that kind of heat. The air conditioner
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
929
worked fine like for the first day or two,
and the next day it would not come on.
So obviously I called the tech. The
tech came out and said you got this gadget on
there that Edison is controlling. They shut
the power off, so we had no air-conditioning.
I'm really afraid that the smart meter has
that capability to shut it off when it is
needed most, in our case for the
air-conditioning. That is wrong. We should
not be subject to that.
So I opted out of the program,
excuse me, I'm paying $195 a year for
something that was mandated, that I didn't
want, don't need, and I think it is illegal.
What gives the CPUC the right to force me to
pay money that I shouldn't have to pay? It
is extortion, pure and simple.
(Applause)
UNIDENTIFIED SPEAKER: The people don't
want it. The people don't need it. Listen
to the people.
MR. FRANK: The other thing we are
susceptible to is hackers, cyber hackers. It
is all over the world. I can be on the smart
meter too so some kid or the adult can shut
our power off, if they are smart enough to do
it. It can be done.
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930
It is wrong. I don't want to pay
the extra fee of $195 dollars a year. It
should be free. I didn't ask for it. I
don't want it. I don't want to have to pay
money for it. Thank you.
ALJ YIP-KIKUGAWA: Dave Francis
followed by Joe Holtzman.
STATEMENT OF MR. FRANCIS
MR. FRANCIS: It is my turn, Dave
Francis?
ALJ YIP-KIKUGAWA: Yes.
MR. FRANCIS: My name is Dave Francis.
I initially refused to have the
meters put on my house, mainly out of respect
and concern about the meter readers, being a
working guy myself. I've worked all my life
since I was a little kid. ]
And then I got started thinking
about it because of my last 20 years of
employment with the government, I realize
they could program our keycards to open since
9-11 for security.
From a building to three stories up
away, if it quit working on the doors in our
building, they could hit a few keys on a
keyboard to open another building. All of a
sudden my keycard worked. I thought holy
mackerel this thing can be remotely
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
931
controlled.
And then I found out about the
health concerns. I went to couple meetings
with some of these people before, which I
kind of suspected. And it's kind of like
other things in my life I found out that the
more I find out and get knowledgeable of a
subject, I realize the more I really don't
know.
And these -- as some of these
people have pointed out, they can be -- thank
you. Little warning thing there -- they can
be hacked by these computer guys without a
doubt.
And health concerns are definitely
bad buggy. And also the fact that they can
be remotely shut off for whatever reason is
not good. Thank you.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Joe Holtzman followed by Gayle
Bercich.
STATEMENT OF MR. HOLTZMAN
MR. HOLTZMAN: Yeah, Joe Holtzman,
Mission Viejo. I'm a ham radio operator. I
have been since 1956. So I know the dangers
are RF. And I know the part 97 reads. And
it's much more restrictive than what they put
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
932
on these meters. So there is a health issue.
I'm also a solar guy. And I've had
solar on my house for three years. And I'm
going to provide you this document. I've had
ten straight months where I provided excess
energy to the grid.
Why should I have to pay a monthly
fee to have my meter read? It's ridiculous.
There is a yearly true-up period when they
come out and they say okay, this is what you
owe us or what I am owed by Edison. Right
now I'm owed by Edison $236. Why should I
pay a monthly opt-out fee?
(Applause)
MR. HOLTZMAN: In addition, there's
some other things that I'd likes to go over.
It's an invasion of privacy. If you don't
think it's an invasion of privacy, when they
start selling the data that you're up at 2:30
in the morning maybe to go to the bathroom
and turn your lights on, you'll know about
it.
The health issues have been covered
tonight. And Cindy Sage has written
dissertations. And I got a copy of this in
here -- a report. And it defines it very
well.
There's no siting rights for an
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
933
antenna on my property. It is an invasion.
I have written the CPUC on this, and I've got
nothing but nonsense back.
Now, in addition, there's firmware
problems in the present Edison meters. I
know this because there is a whole bevy of
people every day, every morning, leaving the
Holiday Inn at Lake Forest to go out and
change the meters. Here's a picture of the
trucks. I'm going to give this to you.
In addition, the health issues are
covered by the Sage report. And the people
talked about this. And I have measured them.
And it's measured in milliwatts per meter
squared. Okay. And I have taken measures
where their excess background is 0.003. When
you get up to 0.3, you've got problems. I've
seen where it's gone up to 1.7. That will
fry your brains. So I'm going to provide you
these details, and it's all in here all
specified. Thank you.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Gayle Bercich followed by Louis
Donovan.
STATEMENT OF MS. BERCICH
MS. BERCICH: Hi. I'm Gayle Bercich.
I live in a retirement community. And the
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
934
houses were built in the 70s. And all of the
Edison meters are attached to bedroom walls.
I've had the smart reader for my neighbor
read inside my bedroom. And it spikes every
minute to the caution and danger zone. If a
smart meter were installed on my bedroom
wall, it would be six inches above my head.
I have written three letters to
Edison and CPU with suggestions for my
reading the meter on a monthly basis. I
could enter it on the website. I could email
it in. I could call it. I could mail a
form. They could read the meter on a
quarterly semiannual annual basis and then
mail me the difference or credit me.
They have never addressed --
answered or addressed my suggestion on any of
my repeated paragraphs in each letter
repeating their rights and comparisons of
their meter to my microwave and cell phone
usage. Excuse me. I choose when to use
those, and I don't sleep with either one of
them.
Now Edison wants to increase our
monthly fees. I feel this is an extortion.
The meter reading fees were always included
in our monthly rates.
If they are so desperate for
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
935
revenue, they might take a look at the
salaries of their CEO, which is 11 million,
some of their high-paid executives. And what
happened to the money that they're gaining
from firing all the meter readers?
I respectfully request that they
discontinue any meter reading fees.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Louis Donovan followed by Myra
Mycena.
STATEMENT OF MR. DONOVAN
MR. DONOVAN: Your Honor, ladies and
gentlemen, my name is Louis Donovan. I'd
like to share with you my health and smart
meters. Smart meter radiation interfering
with my heart's electrical system.
Cardiac arrhythmia began after
electrical smart meter was installed on my
home alongside my bedroom window. I was
hospitalized with cardiac arrhythmia and
stabilized on 8-17-10 to 8-20-10.
Then eight months later, I was
hospitalized with cardiac arrhythmia again.
I was stabilized 4-23-11 to 4-26-11.
Angiogram performed on me found
unblockages in any arteries of the heart.
Defibrillator and pacemaker installed 4-26-11
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
936
to 4-29-11.
Six months later, smart meter
stopped my heart completely. Defibrillator
shocked my heart back to life. Smart meter
turned off my defibrillator pacemaker.
Created arrhythmia again. Hospitalized.
Restabilized 10-26-11 to 10-20-11.
At this time, I was informed about
smart meter's effect on heart's electrical
system, cardiac arrhythmias and the smart
meter's effect on defibrillators pacemakers.
I moved from my bedroom to sleep in
the garage to get away from the smart meter.
I thought it was safe. Did not know
radiation from the smart meters radiates
throughout the whole house.
Two months later hospitalized with
cardiac arrhythmia V-tach again. Stabilized
12-24-11 to 12-28-11.
Then informed Southern California
that their smart meter was killing me. Sent
them medical information and legal documents
to have the smart meter changed.
Edison informed me that their smart
meters were not responsible for my cardiac
arrhythmias or any other medical problems.
They did nothing.
I then had the smart meter changed
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
937
back to the original analog meter. Felt much
better after the change. But the next door
neighbor's smart meter was ten feet away from
my house. Radiate from the smart meter
affected me nine months later.
Hospitalized with cardiac arrhythmia
V-tach again. Stabilized 9-16-12 to 9-20.
Southern California Edison now has
an opt-out program with smart meters back to
analog meters. Both my neighbors have
changed back to original analog meters.
My heartbeat is now better. And I
thank you for this chance to talk.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Myra Mycena followed by Jeannie
Lewis.
STATEMENT OF MS. MYCENA
MS. MYCENA: Your Honor, I'm Myra
Mycena. And I would just like to say that
for every individual here, if the public had
been as well informed as we are now right
here, we would have a thousand people for per
person right here. The reason why you don't
have more opt-out people is because they
don't know about the dangers. The public was
not well informed.
You know, I'm a PhD in clinical
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
938
psychology. And I'll tell you why that is
important. I deal with people that have
problems that are invisible. They're
intangible, emotional problems, psychological
problems, spiritual problems began very
invisibly. Nobody knows they have them until
they get to a point where it becomes
intangible and it starts intruding in on
their personal and professional lives.
And why is that important? Because
the nature of EMS, these electrical magnetic
forces, is you cannot see them. So by and
large, people don't feel threatened by
something that really is so damaging to them.
And by the time it is damaging, it's too
late.
So let me just bring something up
about it. In the 50s and 60s, there was a
thalidomide tragedy. I'm going to bring this
up because thalidomide was a drug that was
presented as harmless. And it was given to
pregnant women. It was a sedative drug.
And over 10,000 babies were
deformed. Many were killed. And the women,
the mothers who took this drug -- they had
these symptoms. They had numbness. They had
coldness. They had all kinds of tingly
feelings.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
939
And they were told, you know, that's
just a side effect of the drug. Everything
is okay. Well, many of those mothers -- they
did not recover from these effects. And look
at the babies. We know because we can see.
You understand EMS you cannot see.
But the tragedy of so many things
that were said on this thalidomide we know
now: deformities, arms that range -- that
stem out from their shoulders, deformed eyes
and ears, so many things.
We should not have to pay for
something that is going to kill us. Thank
you.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Jeannie Lewis followed by Mireille
Taar.
STATEMENT OF MS. LEWIS
MS. LEWIS: Yes. I'm just repeating
what you've already heard everyone else say
on guess the opt-out -- the fees that are
charged. Most of the time these opt-out
fees, the people who really need to opt out
the most are the people who can't afford to.
They can't and yet they have to do it because
like the defibrillators, and that's the kind
of things are so harmful to them.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
940
And I wonder why this is that we
have to pay that when the federal government
hasn't even made these meters mandatory.
Also, I have a big concern -- I've
been in data management for years -- of the
privacy issue because when we're at home, the
hackers can go in and tell -- even though
Edison wouldn't do it, I'm sure. The CPU
wouldn't do it. But there's hackers that
know when we're home and when we're not home
just due to these meters. They know and they
can sell this information to anyone who pays
them the right price.
So they know when to come in and
to -- they know when to come in and to do
harm to our homes when they can come in and
steal when we're not there. They know when
we're asleep and when everything is quiet.
And this is just an issue that I don't think
is right for the public to know. We should
feel free behind our own closed doors.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Mireille Taar followed by Maureen
Homan.
STATEMENT OF MS. TAAR
MS. TAAR: My name is Mireille Taar.
I'm a resident of Irvine. Frankly, your
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
941
Honor and members of the CPUC, I do not see
what else I can add to what people have been
talking about since the beginning and what
anybody else can add further except bring
personal testimony to this situation.
I really feel that it is time for
big companies to start listening to the
people. For years and years, we have plied
under. We have opened up all that we could
do to listen and to follow. And I think
those times are over.
So I would like to tell the
California Public Utilities Commission and
the Edison Company that they had better start
listening because you can see from the events
that we've had yesterday -- I mean, the few
days ago in Connecticut that people are on
the action. And they are not going to quit.
So it's time for this other side to
start thinking about what it is that they're
doing to the world, which is being followed
by other nations. We are the teachers of the
world that we are at this time getting very
very bad example around us. But we are
starting to wake up and not take what it is
that we are being thrown under without our
will and for the wrong consequences.
In my case, I found out about it.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
942
And about three or four days later, when I
called, I found out that they had already
been put in my home. And the idea that I
would have to then go back -- I have a
husband who has cancer, and it is very bad
thing for him to be under this kind of
situation. I live in a condo, and I know
that one foot away from me left and right
they're all there.
So I've been thinking about whether
it's even worth taking it out -- me,
personally. However, I am going to be doing
this. But for us to be paying for this is
incredible.
I think everything has been
mentioned so far: extortion, thievery, lies.
Whatever you want to call it, it's there.
And it's enough, and it's time to stop. And
I think you're going to be hearing about it
and it's not going to go away. So,
hopefully, you will.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Maureen Homan followed by Ben
Savill.
STATEMENT OF MS. HOMAN
MS. HOMAN: Thank you, your Honor, for
these hearings. We appreciate that.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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My name is Maureen Homan, and I'm a
certified public accountant from Tustin.
I've been researching smart meters in the
smart grid for over a year now. And I'm
disgusted that these devices have been forced
on homes, schools, offices, without anyone's
consent.
My electric meter is five foot from
headboard. My gas meter is two feet from my
daughter's headboard. I have a right to be
safe in my home. Smart meters directly
assault this right to my family's safety.
They're not healthy, and they emit microwave
radiation, which is a known Class 2B
carcinogen. The U.S. military has known this
since the 70s.
They are not secure and can be
hacked, as professed by former CIA director
James Woolsey. He's stated this. They catch
fire. They're not even UL certified.
They collect private data as far as
living patterns on how we live our lives, as
professed by CIA Director Petraeus in a
recent interview. This private data will be
collected and permanently stored and sold to
big corporations like IBM, Siemens, and
Microsoft. They call this the big data
revolution. It's valueless, priceless.
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Now I'm forced because I don't
consent -- I'm forced to pay a fee. This is
extortion. These fees are unjust. They're
arbitrary. They're unreasonable, which
clearly violates the Code 451.
I will pay for a billing system that
delivers electricity to my home. However,
opt-out fees make me pay for two billing
systems. Electricity, gas, and water are
basic essentials, and those essentials are
provided by a monopoly service provider. I
can't go anywhere else.
Because the price is so expensive,
this opt-out option is only for the rich.
What about the poor? What about apartment
dwellers that can't get away from banks of
meters? This is a debacle. And we shouldn't
be forced to pay for it. Thank you.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Ben Savill followed by Emil
Bereczky.
STATEMENT OF MR. SAVILL
MR. SAVILL: Ben Savill from Tustin. I
have some photos of the bank of smart meters
on my neighbor's wall. I've written to the
CPUC and the Public Advisor about this
several times. I've never had a straight
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reply. I'd like to disseminate these photos
to you.
This is not my home, fortunately.
It's my neighbor two doors down. And I'm
here on behalf of a little boy name Vincent
who lives in that home. He has 11 smart
meters underneath his bedroom. He has five
gas meters that will no doubt soon have smart
meters in their place.
Soon after the installation of
Southern California Edison's smart meters, he
started waking up in the middle of the night
repeatedly crying, screaming, banging his
head, hitting his head against the side of
his crib.
His parents had to take him away.
And as soon as he went to stay with
relatives, the problem went away. As soon as
he came back home, the problem reemerged.
The opt-out doesn't help Vincent.
His parents opted out. You'll see in the
picture there are two out of the eleven
meters have the orange opt-out symbol.
One is mine. The only reason I was
able to opt out is that I have a disabled
son, so I qualify for the discount. But I
won't be able to if you allow Southern
California Edison to increase the fee.
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I'm not aware of any research in the
long-term health effects of having banks of
smart meters outside a children's bedroom.
But I suspect if the research was done, it
would not be good.
I really think the CPUC has got to
take this issue seriously. You've ignored my
letters. You've probably ignored hundreds of
other letters already. You need to institute
a moratorium immediately on the installation
of banks and multiple smart meters and waive
all fees to customers whose smart meters are
part of a bank of smart meters.
You can't leave it to the policy and
the inaction of neighbors to opt out when
they have no incentive to do so. They're not
directly affected by these banks of smart
meters, so they don't see the need to pay for
it, even if they have the ability to pay.
And your failure to take action on
this issue is potentially very discriminatory
against people on a low income, people with
disabilities, and minority communities who
tend to live in apartment communities and
condo communities such as ours, which is
designed for people on a low to moderate
income.
I really urge you to take action.
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We can choose not to use the smart phone. We
can choose not to use WiFi in our homes.
But, as everybody said, this is a monopoly
utility. We have no choice in the matter.
You have to give us a choice, and it has to
be a free choice.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Emil Bereczky followed by Eric
Wilson.
STATEMENT OF MR. BERECZKY
MR. BERECZKY: I'm Emil Bereczky. And
my wife is with me in the audience because
she shares my concerns as well as several
members of our family who have their own
homes in Orange County.
We have been concerned and objected
to having these smart meters forced on us
first because of concerns -- health concerns
and then -- so the other thing we were
concerned about is the cost later on because
there are several ways that the utility
actually is collecting money unfairly from
us.
First of all, to the best of our
knowledge, these smart meters are more
accurate. And when new equipment turns on,
they draw extra current for a extremely short
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time. And the old analog meters did not pick
these up. But these do.
So we were kind of surprised that we
had to pay $75 and $10 a month. And now
we're even more surprised that the utility
has the nerve to ask us now for more money
for opting out. And I believe $24, in other
words more money, for every month. This is
really plain highway robbery. They're saving
money, and they're charging for us.
They're also saving money on doing
away with a lot of meter readers, for
example. So I was looking -- naively,
looking for a reduction of my electric cost.
Instead we are getting paid more.
So I request that the Public
Utilities Commission summarily reject any
increased monthly or opt-out fees for those
who are concerned because of health effects
or whatever good reason they want to opt out.
Thank you very much.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Eric Wilson followed by John Black.
STATEMENT OF MR. WILSON
MR. WILSON: Okay. I want to thank you
for letting us speak. I don't really have
anything prepared. Everyone here has pretty
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much covered the same thing that I came up
with.
But I just want to say that
personally I've been worried about these
smart meters for a long time because I
studied all the technology. And this WiFi
way that we're going -- everything's going
WiFi. It's not going to stop with the
electric company, the gas company. Then it's
going to be the water company. Then it's
going to be smart appliances in your house.
And they're all going to -- I mean, this is
just going to go on and on and on.
And this WiFi -- it goes off into
the ionosphere. I mean, it's going to
change -- it could change the weather, the
weather pattern. You know, we're having all
this crazy weather, earthquakes. I mean, I
think we're going to new technology when we
really don't know what the long-term effects
are going to be and what we're doing to the
environment.
You know, they talk about global
warming and all this stuff. What about this
stuff that's going off into space? I mean,
this is just the wrong way to go.
And it's all about the dollar.
These companies -- they -- (applause).
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They want to switch to time of use.
They're going study the patterns of everybody
when they use their power, and then they're
going to go place them in this rate structure
where it's paid time of use. And it's just
going to keep going up and up and up.
And they've sold it to everybody
that they're going to save money because they
can get on-line and view their -- you know,
when do they use electricity. That is just a
bunch of bull.
And, you know, I have so much
information that I'd like to tell you, but it
would take hours. We've wrote several
letters to you guys, to Michael Peevey. And
we just get this standard bull crap letter
back saying "Tough luck. You're going to
accept this one way or another down the
line."
You know, I followed Edison. I
don't have a smart meter, but it doesn't
matter because my neighbors have them. And
the one points right at my daughter's
bedroom. And just last week -- she's
fifteen years old -- we thought she had the
flu. She had the flu for like three days.
She's throwing up and everything.
Take her to the hospital. Type 1
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diabetes just like that. A switch got turned
on. I don't even have it in our family. And
it's like the DR3, DR4 gene. Something
turned it on.
And I think it's this WiFi because
it goes right through your body. And it
splits the DNA. That's it.
(Applause)
ALJ YIP-KIKUGAWA: John Black followed
by Matt Corrigan.
STATEMENT OF MR. BLACK
MR. BLACK: Hi. John Black from North
Tustin. I think the testimony here by
different people has already covered just
about everything including the fact that the
federal government did not mandate these
meters.
So this whole facade that we have to
pay fees and all that -- where does the CPUC
get off on doing that? What authority do
they have to charge us fees and try to keep
up this game that the meters are mandated
when the feds didn't have it mandated?
And I appreciate what Marie Lubbres
had to say about the corporations better wake
up because we're not going to roll over
anymore. This is getting old. We shouldn't
even have to have these meters. They should
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be banned. And definitely no fees. But we
shouldn't even have these meters. The health
effects are unacceptable. Thank you.
(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Matt Corrigan followed by Kathy
Schlicht.
STATEMENT OF MR. CORRIGAN
MR. CORRIGAN: Good evening, your
Honor. And Matt Corrigan. I'm a 20 year old
from Mission Viejo. I do have a smart meter,
but I've opted out. I haven't quite
understood that yet how I have a smart meter
but I've opted out. They put an orange
sticker on my meter. Don't know whether I'm
not getting a signal or whether I'm not
on-line, but that's another issue altogether.
I have two concerns -- two major
concerns. The first one is the opt-out
customer is taking the brunt of the economic
impact on this. That should not be.
Economic class -- whatever, unemployment,
inability to pay that fee, whatever it might
be, it began with the $75 fee and $10 a
month. Now I understand it's higher.
So we have a mandatory agreement,
and we're supposedly a voluntary opt-out
customer. I don't quite understand the
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enigma of that language. I don't quite
understand that.
My second concern -- and I stated
this. I have two concerns -- is security.
The third-party analysts that are involved in
analyzing the data -- that can go just about
anywhere as we found out with privacy issues
that are predominant in our society right
now.
The second issue is when the power
goes, whether through a mandatory shutdown or
through the opt-out program, that power is
the only thing in most cases that controls
the burglar alarm. And so when there's an
automatic shutdown, everyone knows that
anyone with a burglar alarm system is
automatically a new candidate. So that
hasn't been answered. So there's a lot of
questions that haven't been answered about
this.
The other thing about privacy is
seems to be a main concern of a lot of people
here tonight. And I think it's a pertinent
one and one that needs to be answered. So
it's an economic issue, a privacy issue. And
I think those are the main concerns that
almost everyone in this room shares. And
thank you, your Honor.
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(Applause)
ALJ YIP-KIKUGAWA: Thank you.
Kathy Schlicht, after which we're
going to take a short five-minute break.
STATEMENT OF MS. SCHLICHT
MS. SCHLICHT: Good evening. My name
is Kathy Schlicht. An opt-out option is a
full choice if the fees are unaffordable.
Why should any ratepayer have to pay a dime
towards opting out? Maybe the ratepayers
should have been given the opportunity of
opting in. Why should a ratepayer pay for
something we do not want? Why should a
ratepayer have to pay an extortion fee to
protect one's privacy and security?
As these smart meters are to control
the usage, why should a smart meter ratepayer
be penalized for opting out of conservative
incentive by not reducing power usage during
peak billing cycles?
How our businesses and commercial
centers able to take advantage of
conservation incentives and not negatively
impact its bottom line? Either way,
businesses lose by either loss of business
hours or penalty for operating during peak
high hours. ]
This is government institution at
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its worse.
My analogue meter works fine. As a
smart meter ratepayer I haven't seen any
significant decreases in their bills. I've
read accounts where utility bills have
doubled. Is this true? I have read accounts
where smart meters have started fires. Is
this true? I have read accounts where smart
meters have interfered with household
devices, garage door openers, security
sensors. Is this true? Pacemakers, we just
heard.
PG&E is replacing thousands of its
smart meters because they are not working
properly and are not giving proper readings.
SCE is quitely replacing due to firmware
problems. Why should ratepayers be punished
for not wanting problems from smart meters
that are not safe and are a hazard, that are
not properly functioning and given that they
are an intrusion to personal lives?
This is unjust, unreasonable, needs
to be rescinded and our fees refunded. Smart
meters are unconstitutional unless ratepayers
want to opt in.
It is the duty of CPUC to ensure
that we all have fair equal, access to the
grid. Not punish those of us who wish to
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protect our constitutional rights. If
Americans are fully aware of Agenda 21, we
would all rescind these smart meters.
ALJ YIP-KIKUGAWA: Off the record.
(Recess taken)
ALJ YIP-KIKUGAWA: Let's go back on
record.
Our next speaker is Gary Stewart
followed by Bernie Ramsey.
STATEMENT OF MR. STEWART
MR. STEWART: Your Honor, thank you for
the opportunity to come speak before you.
I'm Gary Stewart, I live in Mission
Viejo. I would like to voice my objection
smart meter installation and to the fees
involved in this application.
We currently have a multitiered
phone, or billing system which penalizes you
quite severely for over tier usage of your
utility. I realize that is not my real-time
application, but it does in some part make
people think about their electrical usage and
perhaps moderate the usage, especially when
they know there is a time of fee.
The newspapers and the radio system
are real clear when we have a brownout
situation so a prudent person shut down the
application, washing their clothes, whatever
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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needs to be done.
Because most of the items have
already been mentioned, there is one thing I
would like to touch on, and that is the
mechanical device itself that transfers the
information to the electric company.
Now, in reading the information on
the website, it says that the whole house is
going to be wired, your radios, your
refrigerators, all of these appliances are
eventually going to have this type of system
on it. Well, the question is who created
this little magic little black box? I mean
did Edison do it, or are they picking up the
technology from another utility, another
resource, another application?
The point is if this technology is
transferred to all these other appliances,
this costs money. We already know it is
costing us money. It is costing us $70 a
month plus 10. That means all of these
appliances that are purchased in the future
are going to have to be more sensitive
because all this new technology is going to
have to be sold on it.
This is not like a computer system
where, you know, they are going to sell 10
million, 6 million. Wow, that is quick.
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I object to the increase in prices.
Thank you.
ALJ YIP-KIKUGAWA: Thank you. Bernie
Ramsey followed by Barbara Geerlings.
STATEMENT OF MS. RAMSEY
MS. RAMSEY: Yes, your Honor. Good
evening. My name is Bernie Ramsey. I live
in Corona, obviously I'm opposed to the smart
meter installation.
I think everyone before me has
spoken my passion, and my ideas. What I want
to suggest to you is that somehow we get some
feedback as consumers as to how you guys make
your decisions, and what part of what all has
been said at these meetings was taken into
consideration on the part of the consumers?
Also, to the outcome of the CPUC meetings.
The smart meter that was installed
on my house was done so without my
permission. I have a locked gate. I was on
the phone talking to a friend telling him
about these smart meters and saying, well,
mine isn't done yet. But I go out the next
day, sure enough it is on my wall. I said
who went into my property to install the
smart meter?
The meter that is on my house is
attached to my bedroom wall. The gas meter,
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they should install one, would be attached to
my daughter's bedroom wall against the bed
which she sleeps. For obvious reasons that
we've already heard here, I don't want that
to happen. I want it removed. I prefer
analogue meter. I don't have a smart phone,
cable TV.
(Applause)
MS. RAMSEY: To not be given a choice
whether or not I want this smart meter is
just insulting to me and undemocratic to, say
the least.
So I hope that we are not just
exercising our lungs here tonight, and that
you take our considerations and our concerns
back to the Commission and, you know, make a
just decision based upon -- we are
representative. We are not just here, one or
two people speaking from one or two
organizations. We are representative of a
lot of people that are not here able to speak
for themselves. I hope you take that into
consideration. Thank you.
ALJ YIP-KIKUGAWA: Barbara Geerlings
followed by Patricia Linsky.
STATEMENT OF MS. GEERLINGS
MS. GEERLINGS: The smart meter program
was initially projected to cost $1.5 billion
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but a reports the actual budget was 5
billion. Quite a short fall.
We were told electric bills would go
down, but in fact those who have analogue
meters replaced by smart meters have had
higher electric bills, in some cases
substantially. Was this to make up the 3.5
billion shortfall in Edison's initial budget
estimates? It certainly does not have
anything to do with the opt out, since the
original budget or plan did not did not
include an opt out.
Is the move to overcharge those who
opt out merely a ploy to force them into the
program? In any case, the proposed fees are
unreasonable and pricing for essential
service from a monopoly should not be based
on the type of meter that is on their home.
Edison is a monopoly and forcing us
to either comply with their wishes or have
services disconnected. Since they are a
publicly funded entity, they do not have that
right in a free society. That is tyranny.
The CPUC's purpose is to regulate
this monopoly. If Edison cannot handle
running two programs side by side the smart
meter opt out, then break the monopoly and
let other companies bid to do their job.
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(Applause)
MS. GEERLINGS: Edison needs
competition. Are they incompetent, inept? I
don't know, but if they can't run these
programs, either is a possibility. Or is it
just a money grab from them?
The public needs to be protected
from the oppressive tactics being used by
these out-of-control entities. We look to
you to correct this and stand up for us, not
promote agenda.
My husband wanted to be here but
works until 5:45 near John Wayne Airport.
Unfortunately, a location that was selected
that would prohibit him and most from
attending forcing us a day before Christmas
during rush-hour traffic?
(Applause)
MS. GEERLINGS: CPUC is doing whatever
possible to discourage public comments and
information.
Finally, perhaps they can fully fund
the opt-out program by printing their
advertising in smart meter promotional
literature on other than four color very
pricey glossy stock.
ALJ YIP-KIKUGAWA: Patricia Linsky
followed by Eric Schaller.
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STATEMENT OF MS. LINSKY
MS. LINSKY: Patricia Linsky from Costa
Mesa. I'll be short and sweet, because we
have heard a lot from everyone.
Basically I have a smart meter
installed. I was given no choice. The
reason I came to be involved because my
Edison bill increased by as much as 20
percent per month for the same usage.
The opt-out program came after the
smart meter was installed to only protest --
sorry. I not only protest those latest
opt-out increases, but the fact that there
should be an opt-out penalty at all.
I am the sole support of my
96-year-old mother who lives with me. As you
may guess, health of a woman that age is very
fragile. I do not want her health
jeopardized because I cannot afford to pay an
inflated Edison bill.
ALJ YIP-KIKUGAWA: Eric Schaller
followed by Elizabeth Plourde. Mr. Schaller,
S-c-h-a-l-l-e-r.
STATEMENT OF MR. SCHALLER
MR. SCHALLER: I think that is me. I
can't walk up to the front. I don't know if
you can hear me from back here?
ALJ YIP-KIKUGAWA: Ladies and
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gentlemen, I want you to be very quiet
because our reporter does need to hear as
well and take down what he has to say.
MR. SCHALLER: Over five years ago I
decided to get rid of my cell phone. I
haven't had a cell phone in five years. The
reason why I got rid of my cell phone. It
was disastrous to my health. I got rid of
it. I haven't had one since.
Over five years ago I got rid of my
microwave oven. I got rid of the microwave
oven for the same reason that I got rid of
the cell phone, it was not good for my
health.
I also got rid of all wireless in my
home. I don't like people to use the cell
phones when they were around me because it
emits dangerous radiation.
I've never heard of a smart meter
until about a month or two ago, and I found
out that there were 12 of them against my
bedroom wall, 12, and that they have been
there for a year half. During that year half
my health came screeching down where I can't
even walk anymore all because of the smart
meter.
So I'm -- I don't think that these
utilities should be a monopoly. They don't
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deserve it. And they should take care of the
people. And it is not right to -- I mean
they could have told me. I could have
avoided it, you know. It is like a cell
phone. I can choose not to do a cell phone,
but you can't choose not to do the smart
meter. They put it in there on you, and that
is it. That is all I have to say.
ALJ YIP-KIKUGAWA: Thank you.
Elizabeth Plourde followed by Dale Tyler.
STATEMENT OF MS. PLOURDE
MS. PLOURDE: My name is Dr. Elizabeth
Plourde. I'm a medical researcher. I've
written three books. I'm a menopause
practitioner. I do health consulting around
the nation.
I became aware of smart meters when
PG&E started putting them in in Northern
California several years ago, because I got
insomnia, headaches, heart palpitations, skin
rashes. People are totally miserable, unable
to stay in their houses, having to leave
their houses. In working with those people,
I realized I didn't want them in Southern
California, and I did my best to try to stop
them from coming in Southern California.
Well, now my awareness is absolutely
increased again because it is all the same
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965
symptoms to the people here, the migraines,
the insomnia, the skin rashes, it goes on.
So I decided to start in -- looking
at it, because I've been a researcher looking
at biochemistry of our hormones. I am
appalled. I spent four months, and there is
absolutely no doubt that the chemical effect
on every cell in the body, the blood cells,
every single cell, the gut lining are
responsible for. The absolute increase
in autism, increase in Alzheimer's, the
increase in obesity, the increase in asthma.
This is absolutely proven. I've
submitted a portion of my book to you,
because there is just no doubt. And these
costs to our society are absolutely tearing
our fabric of our families apart. The autism
is absolutely destroying us. The Alzheimer's
is destroying us. And these all have been
rising since electromagnetic radiation has
been around. There is no doubt that they
have studies now, 13-year studies of
following children on the obesity epidemic.
So anyway, electromagnetic
radiation, they should be banned completely.
ALJ YIP-KIKUGAWA: Dale Tyler followed
by Mark Mason.
STATEMENT OF MR. TYLER
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MR. TYLER: Yes, my name is Dale Tyler.
I live in Mission Viejo.
I kind of think that the fees
associated with opting out from the smart
meters are unconscionably large. There
doesn't seem to be any support for the
amounts that they are charging much less the
increased proposed.
I'd offer you a couple of
suggestions. One suggestion is the day I
believe all the electric companies in the
state offer a level pay system where you
settle once a year based on your total usage
for that year. That means that effectively
they can read the meter physically once a
year. That physical reading should cost very
little, but maybe $50 if you want to use
that. That should be the only charge to the
customer is that single reading for the year.
It has also been pointed out to me
what Southern California Gas, I believe,
offers self-reading where you can go in and
read your own meter and send a little
postcard and send you a bill based on your
reading.
In addition to all of this, I've
been in contact with San Diego Gas and
Electric, because I believe that I've been
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experiencing harmful interference with
telemetry equipment in my home. And I've not
received any information from Southern
California, San Diego Gas and Electric
rather, or their representatives regarding
the exact mechanisms their meters use to
communicate with frequencies, and so forth.
I think that -- I've reported a Part
15 violation to the FCC, and I think San
Diego Gas and Electric should be responding,
but they are not. Thank you.
ALJ YIP-KIKUGAWA: Thank you. Mark
Mason followed by John Smith.
STATEMENT OF MR. MASON
MR. MASON: Hello, your Honor. My name
is Mark Mason from Nuevo, California, which
is in Riverside.
I have a smart meter, and I also put
on solar panels on my house to reduce my
electricity usage. Since they put the new
smart meter in, my electricity usage has gone
up considerably. And I couldn't understand
why that was. Why would it go up just
because of a new meter? I asked my
neighbors, their usage went up.
And what is happening is the way
they -- when they use the analogue meter, you
would get 16 units in the summertime for
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968
every day times 30 days in a month. Well,
now they -- you get the 16. If you don't use
that full 16 units, they reduce it for that
day. So before you know it you don't get any
of that portion back again. The next day you
turn your air-conditioning on, you are 9
tier, and they charge you 32 cents for that
unit. The next day when I sell units, they
pay me 13 cents. So that is how they are
raising the rates without raising the rates.
So people don't understand how that is
happening.
I think that no one should have to
opt out of the smart meter; and if they do
opt out, they shouldn't have to pay a fee.
ALJ YIP-KIKUGAWA: Thank you. John
Smith followed by Sarah Mallon.
STATEMENT OF MR. SMITH
MR. SMITH: Hi, John Smith. I'm here
to address specifically the gas company's
proposed fees for an opt out.
My gas bill is only about 20 bucks a
month. Their opt-out fees, they want to add
an additional $24 to my gas bill.
In addition to that, they want to
charge one-time penalty fee of $179 which is
almost a year's worth of gas. Somehow this
is a reasonable rate for an opt-out fee? I
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mean these numbers, if you look it, it is
almost abusive. It is really, really bad.
I have a reasonable solution for
people that want to opt out. In lieu of
paying any fees whatsoever, why not -- why
doesn't the CPUC endorse any kind of
self-metering program? You guys have done
nothing to this effect. You guys have been
told about it, and there has been no push to
endorse this whatsoever. I mean people can
report their readings either via website or
phone system. They can report their meter
readings. The company already has
statistics.
If the meter reading sounds
abnormally low, they can send somebody out to
verify the reading. But I mean that would be
a reasonable compromise in place of paying
any penalty fees whatsoever for an opt out.
Just have customers enroll in self-metering
program. It sounds like a reasonable
solution. I don't know why you guys are not
pushing it.
UNIDENTIFIED SPEAKER: They just
average it anyways. They don't read the
meter.
MR. SMITH: I've seen the utility
companies make up readings when they don't
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have them. These numbers are not that
necessary for them. At the end of the day
people are billing the utility.
And the other issue is, you know,
utility companies are supposed to be in the
business of providing utilities gas, water,
and electric, not selling people's personal
information. This is not something they
should be able to do. They should be in the
business to provide power, electricity, et
cetera, safely. Thank you.
ALJ YIP-KIKUGAWA: Thank you. Sarah
Mallon followed by Bruce Mayall.
STATEMENT OF MS. MALLON
MS. MALLON: My name is Sarah Mayall.
I was engaged to a national security
councilman that runs the Rain Corporation.
Since then I have been able to contact people
that are the top scientists of this nation
and other nations, and they are saying how
dangerous this is.
It was the U.N. that pushed the USDA
to write a tag bill and put it on the
Baylor's (phonetic) bank out, which us the
taxpayers are paying for. We are paying for
these murder readers to be put on our homes.
Folks, wake up. This is the biggest
fraud. And on top of it, you know, the NASA
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report that this lovely woman back here was
talking about, they have mountains of
documentation of how dangerous this radiation
is for our health, our children.
And for God sake -- I'm part of the
niche and bitch society, we can find out
where people live, who works on your car,
what you are doing, who is dating who. And
honey, we can make your lives horrible. I
want all these politicians that are pushing
this stuff, they better wake up, and they
better wake up quick up.
ALJ YIP-KIKUGAWA: Bruce Mayall
followed by Linda Anderson.
STATEMENT OF MR. MAYALL
MR. MAYALL: I've lived in the same
house using the same analogue meter for 27
years. The meter served Edison quite well,
and now I'm having to pay $10 a month, plus
$75 initial fee just to use the same meter in
the same house. I find that fundamentally
wrong.
I do not approve of that at all.
There should be no rate at all. Whatever
that has been paid should be returned to
people that have paid them. We are talking
about the opt-out rate.
The thing that bothers me, first of
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
972
all, I'm sort of a techie, an old techie
would be the way to put it, I guess. I would
love to be able to monitor the energy use of
my house very closely minute by minute. But
that is my business, that is nobody else's.
I do have an 8 kilowatt solar system
on my home. So it actually applies to me a
whole lot, because for the most part I
generate the energy that I use plus a little
extra sometimes. If I generate extra and I'm
using a smart meter, am I going to get a
better deal from Edison because of the fact
that I put energy back into the grid? Will
they give me a better price for having done
that?
I'm very much opposed to that. And
the violation of privacy I think is
absolutely terribly. If you accept this,
then the next thing the government gets in
and you were really controlled.
I have M.S., a heat-sensitive
disease. If you shut off my air conditioner
in the middle of the summer because of the
smart meter, I'm going to be one unhappy
camper. Thank you very much.
ALJ YIP-KIKUGAWA: Thank you. Linda
Anderson followed Terry McCulloh.
STATEMENT OF MS. ANDERSON
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
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MS. ANDERSON: This is not easy for me
public speaking, but I became homeless
because Edison came in and installed a grid
of 5 smart meters on the apartment building
I'm moving in, and there is another five
right in front of me, another five. Lots of
apartment, so 20.
I felt it immediately when it
clicked into the building. And then I told
the guy, please take that off right now. He
took off one, and he left on the other four.
I said I can feel it in my head, I feel it in
my feet.
Anyways, I had to move out of my
apartment and put everything in storage. It
took me 10 months to find somewhere to live
because everywhere you go, there are smart
meters everywhere. I have sensitivity to it.
I've worked on the computer many hours. I
didn't know the things at my feet were
radiating me. So now I know all about it.
It is unbelievable that people do
not listen. And I have clients that have
actually died. I'm a travel agent. I
believe people that have decide in their 30s
from cell phones, from radiating themselves
and they don't know it, the headaches, the
heat, all the symptoms.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
974
It is really a terrible thing. So
I'm, you know, 10 months I was homeless. I
finally found somewhere that doesn't have
cell phone towers around it. They are
everywhere. If you look on antennasearch.com
everywhere you look they were putting more
and making people ill and making people die
of cancer, little children, all ages,
teenagers, 20 year olds, 30 your olds, people
don't have a clue. It is an extremely
serious problem. People need to listen.
Thank you.
ALJ YIP-KIKUGAWA: Thank you.
STATEMENT OF MR. McCULLOH
MR. McCULLOH: I guess I'm last. Good
to see you again.
I wanted to finish up where I
started off last time. I just wanted to
reiterate a couple of things I heard here.
The health effects, notwithstanding, but they
are scary, that is not really my beef. My
beef is really the justification the
utilities' have done to justify the cost and
actual opt-out fee.
I would like to say I'm a retired
communications network engineer, semiretired
because I still have two kids in college.
I've installed communications with military
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
975
and commercial customers. And then utilities
are using the FCC radiation when -- that is
kind of a joke, it is not a task, neither the
NTIA or FCC for biological radiation limits.
Their main task is interference between
services, that is their main.
Anyway, in terms of the costs
associated -- the network operations costs,
it is a mesh network that should not be even
considered because networks inherently -- so
that is not an issue. There is some
development costs that are associated with
it. Something is going on there.
The O&M, Legacy with the old billing
system they mentioned -- the billing system,
the billing record for a analogue meter, it
is small subset. The new billing system
should easily incorporate the old Legacy
system without any overhead or any headaches
for migrating or integrating.
The biggest cost, the only one that
is legitimate is the meter reading. And I've
communicated this with my utility over the
years. They can be easily handled with
innovative Web techniques. Almost everyone
has a cell phone, Internet.
Most of those, I mean those costs
$30-40 dollars, 1.4 percent of the population
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
976
that they didn't say are opt-out customers.
This just doesn't -- that really doesn't pass
the smell test.
And then, you know, the self-read
could easily be done. They talk about how
inaccurate it is, but I have data to share
with you. I put another chart in for the
record for this one, basically my own
personal experience with a couple of
properties -- I know it is up. I'm the last
one, sorry.
In one case it is formation of a
dispute. I had smart meter, and June I opted
out and had to put the analogue back in.
They came and couple of weeks, two weeks
apart and then stopped estimating. It
stopped reading and started estimating way
higher than even historical.
ALJ YIP-KIKUGAWA: Mr. McCullough, you
are going to have to conclude.
MR. McCULLOH: Okay. I've heard in the
past somehow these meters are overcharging.
I figured it has to do with them estimating
high, way high. And then basically on
estimates on top of estimates it gets -- and
then when I push back, it gets paid for what
I actually use, and late fees on charges that
was never really clear.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
977
So basically I'm going to use a
formal dispute. I have similar properties
very similar situation. Thanks.
ALJ YIP-KIKUGAWA: Thank you,
Mr. McCullough.
That is all the speakers who have
signed up for comment. Is there anybody else
who has not signed up who wishes to
commitment at this point?
STATEMENT OF MS. PERATA
MS. PERATA: Yes.
ALJ YIP-KIKUGAWA: Ma'am, if you would
like to make a comment you can come up.
Please state your name, spell your last name.
You will be given two minutes.
MS. PERATA: I'm Virginia Perata.
I propose that you ban them totally.
You are destroying people's health. It is
evident. My daughter who runs five miles a
day, very active, exercises. And she is a
real estate broker. She was showing a house,
and all of a sudden she couldn't climb the
stairs. Her heart was pounding, she just
couldn't catch her breath. So that happened
a couple more times, she said, gees, I've got
to do something.
She went to the heart doctor. The
heart doctor put her on the MRI, checked her
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
978
out, no problems. Put her on a monitor for
two days, no problem, and told her she was
probably stressed out.
Well, when I was talking to her I
said did you have a smart meter put in? She
said gees, I don't know. Then she found out
she did. She got on the Internet. She found
out they could affect your health, your
heart.
And so she said she called up Edison
and she said you know what, come take it out.
They said you've got to pay $75. She said I
don't care. I don't want. She is fine now.
So if it is that and all the things
that you heard that these people said, how
can you even think about leaving them there
if they are there --
(Applause)
ALJ YIP-KIKUGAWA: Ma'am, I'm sorry, if
you need to say anything, can you please come
up.
UNIDENTIFIED SPEAKER: Yes, I just
wanted one more minute. ]
ALJ YIP-KIKUGAWA: No, we're not. We
are off the record.
(Off the record)
ALJ YIP-KIKUGAWA: We will go on the
record.
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PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIASAN FRANCISCO, CALIFORNIA
979
We are concluded with this hearing.
We are now off the record.
(Whereupon, at the hour of 7:37p.m., this matter having been continuedto 2:00 p.m., December 20, 2012, atSanta Rosa, California, the Commissionthen adjourned.)
* * * * *
980
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE
STATE OF CALIFORNIA
Application of Pacific Gas andElectric Company for Approval ofModifications to its SmartMeter™Program and Increased RevenueRequirements to Recover the Costs ofthe Modifications. (U39M)
And Related Matters.
))))))))))
Application11-03-014;A.11-03-015;A.11-07-020
CERTIFICATION OF TRANSCRIPT OF PROCEEDING
I, Michael J. Shintaku, Certified Shorthand
Reporter No. 8251, in and for the State of California
do hereby certify that the pages of this transcript
prepared by me comprise a full, true and correct
transcript of the testimony and proceedings held in
the above-captioned matter on December 18, 2012.
I further certify that I have no interest in the
events of the matter or the outcome of the proceeding.
EXECUTED this 18th day of December, 2012.
_________________________Michael J. ShintakuCSR No. 8251
981
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE
STATE OF CALIFORNIA
Application of Pacific Gas andElectric Company for Approval ofModifications to its SmartMeter™Program and Increased RevenueRequirements to Recover the Costs ofthe Modifications. (U39M)
And Related Matters.
))))))))))
Application11-03-014;A.11-03-015;A.11-07-020
CERTIFICATION OF TRANSCRIPT OF PROCEEDING
I, Ana M. Gonzalez, Certified Shorthand Reporter
No. 11320, in and for the State of California do
hereby certify that the pages of this transcript
prepared by me comprise a full, true and correct
transcript of the testimony and proceedings held in
the above-captioned matter on December 18, 2012.
I further certify that I have no interest in the
events of the matter or the outcome of the proceeding.
EXECUTED this 18th day of December, 2012.
_________________________Ana M. GonzalezCSR No. 11320