Michigan Administrative Judge Shows His True Colors!

January 8, 2013 – Michigan Administrative Judge Shows Bias – Today, at a hearing of the Michigan Public Services Commission (MPSC), administrative judge Dennis Mack excluded nearly ALL opposition evidence from being considered in the smart meter opt out case, U-17053.  Nearly all evidence that had been offered by multiple intervenors has been stricken from the record on the transparently false claim that health, safety and privacy issues are “outside the scope” of this proceeding.  This, despite the fact that the MPSC had been ordered to hear evidence on these issues by the Michigan Court of Appeals, and had already refused to hear such evidence in its general rate case, U-15768.  Administrative judge Theresa Sheets in that newly reopened case also denied rights to 4 people who sought to intervene to raise health and privacy issues the original intervenors had waived.  All on the theory that it was three years too late to intervene, even though the case had just been reopened to hear the very issues these intervenors wanted to raise.

Administrative law judges in Michigan are assigned to MPSC cases by another state agency and they are supposed to function independently in making their determinations.  Today we saw that this was not the case.  Some had initially taken false comfort from the judge’s pleasant and patient manner in dealing with the intervenors, many of whom had little prior experience representing themselves in a legal setting.  But at the end of the hearing, when it really mattered, nearly every one of his many rulings favored the exclusion of evidence, just as he had been asked to do by Detroit Edison’s attorney and by an attorney representing MPSC staff.

The evidence that was excluded in this case would have established the harm that smart meters are causing our entire society and also the particular hardship suffered by people who are entitled to protection under the Americans with Disabilities Act (ADA).

The point was well established that this entire opt out case was begun prematurely since the Commission has yet to hold an evidentiary hearing on whether smart meters should even be legal in this state.  The judge was not even willing to consider health testimony as it might relate to the type of opt-out meter to be allowed.

Much of the health testimony offered by Linda Kurtz and Cynthia Edwards was specifically designed to show, based on the personal experiences of at least 5 witnesses, that a smart meter with its radio turned off causes nearly as much trouble for the electro-sensitive people as a smart meter with the radio turned on.  This goes directly to the type of meter that should be allowed as part of an opt-out policy and is very clearly within the scope of this case.  None of this testimony was allowed.

The reason a smart meter with its radio turned off causes so much mischief has to do with the switched mode power supply contained in all the new electronic meters, but not contained in the old analog meters.  The Cusumanos were offering an expert electrical witness who would explain what it is about the new meters that causes this problem.  That witness was excluded along with the personal testimonies.

A very young attorney, representing Michigan’s Attorney General, sat mute through the entire proceeding, never objecting to anything that was done or making any contributions of a positive nature.  We were appalled today, just as we were in the U-15768 case, by the failure of the Attorney General to protect the interests of the people of this state.

This judge also ruled that five people who had submitted personal sworn testimony concerning how their lives have been diminished by smart meters were “not expert witnesses” and therefore not qualified to speak as lay witnesses even as to their own health and to their personal experience and observations as to how their health had been affected by smart meters.

Finally the judge refused to grant expert witness status to a Red Seal electrical consultant from Canada who has testified before numerous legislative bodies on matters within the scope of his professional competence.  These testimonies included the Texas Senate, Oregon Senate and the Parliament in British Columbia, Canada

Today’s developments were not entirely a surprise since we have encountered dishonesty and foul play at almost every turn in dealing with this state agency.

We need to launch an appeal of what happened here today.  We are fighting a battle, not just for ourselves, but for the people of the State of Michigan.  Dishonesty in state officials makes us angry!  Does it make you angry too?  We need your HELP!


We at Michigan Stop Smart Meters have, in concert with others, been struggling for nearly two years now to raise health, safety and privacy issues with respect to so called “smart meters” now being deployed by Detroit Edison on the east side of state, and by Consumers Energy on the west side.  In concert with others we petitioned city and county governments to endorse our cause and got the backing of 24 local governments.  This resulted in a pretend MPSC investigation, but also led to the introduction of two proposed new laws.  We sponsored this website and public educational meetings in Ferndale, Plymouth, Holland and soon in Muskegon.  We have been interviewed by Macomb Daily, Oakland Press, Detroit News, Hometown Newspapers, by Holland radio’s “Talk of the Town” program, Fox17 News in Grand Rapids, and by Channel 13 in Grand Rapids.

We have been closely following two cases in Oakland Circuit Court where Detroit Edison has sued local couples who changed their own meters when they became ill and could get no relief from the utility.  One of these cases is going well.  In the other case the couple has suffered an unjust decision and is in need of our help to mount an appeal.

Appeals are also needed for the two MPSC decisions that muzzled us from presenting necessary evidence on the record.

The decision has been made to proceed without legal representation, unless we can find an attorney to help us pro bono.  If we had an attorney on the clock at usual commercial rates the utility could easily bankrupt us.  Even though our members have enough experience to manage these cases without being represented by an attorney (if we must), we still need money for filing fees, for transcripts, for travel expenses of expert witnesses and for legal consultations.

If you are angry at what Detroit Edison and its cronies in state offices are doing to Michigan utility customers, PLEASE HELP US by donation or by volunteering your time!

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9 thoughts on “Michigan Administrative Judge Shows His True Colors!

  1. Dear Reader/s,
    Please see also,”The World Charter of Human Rights 1948 which was drawn up in England my old home just before we as a family emigrated to Australia also in 1948. This same Charter after being passed in Parliament in both the Houses of Commons and the House of Lords in London was then Law, and it was also sent to Holland in the Hague where it was also passed as Law and it LEGALLY protects all citizens in the Free Countries of Earth from all forms of Tyranny which the wicked imposition of Smart Meters is one of the Most Heinous Crimes being visited on the so-called free people of the Free World, which includes……..the whole of the United Kingdom…England, Scotland, Wales and Ireland as well as the whole of America and Canada and all the States of Australia and all Free Countries on Earth.

    We here in Victorian Australia also have the following……The Victorian Charter of Human Rights and Responsibilities Act 2006.
    These two Charters of Human Rights have many clauses therein which effectively show that nobody can force you to accept any goods or services at any time at all, if you feel or even suspect that those goods or services not WILL but you so much as even SUSPECT that those goods or services MAY possibly do you any physical harm at any time. Also incumbent in these laws is the fact that you cannot be forced to take any goods or services that you SUSPECT may do your goods or chattels….in this case your private electrical goods any possible damage at all.

    You in America it seems are beset by a number of Very Wicked Judges who it seems have been, or have been Bought by these Corrupt and Evil Electric Power Companies treating you their customers with ridicule and downright disrespect. All of these Judges should be stripped of Office and then Disbarred, never to be allowed to practice Law again.

    My Final Plea is this……….Please Everybody Padlock your Electricity Meter Boxes so your Analogue Meters Are Not Stolen.

    Yours Faithfully,

    Richard Leschen.


  2. Dear Shelley,
    You could do what a number of people here in Victoria Australia are doing, and that is to put ALFOIL around the smart meter to keep the microwaves from bombarding you when you are both outside and inside your home.
    I read of a case in America where a woman who had a bee-hive down at the bottom of her garden found that whilst she still had the safe and Passive Analogue Electric Meter on her house the bees were happy and buzzed around the hive and went out searching for pollen, and returned to their hive when they wanted to.

    As soon as the Passive Analogue Electric Meter was taken away and the Electric Microwave Smart Meter ( read here deadly smart meter) had been installed the bees literally buzzed off, or went away and did not return until this American Woman cleverly put the ALFOIL cooking foil shaped like a big cooking dish over the so-called but deadly Microwave Smart Meter. As well as that, she put sheets of ALFOIL at the back of the wall inside her home and directly behind the dopey deadly Smart Meter covering around the same area of say three feet wide by three feet deep to stop the Microwave Rays entering her house. This use of the ALFOIL on the front of the Microwave Meter outside the house also stopped the Microwaves getting out into the garden, then the bees returned to their hive at the bottom of the garden before this Deadly Electric Microwave Smart Meter had been installed. It is a good idea to ground the outside alfoil with a strip of aluminium foil running down the outside wall and into the earth. See some of your friends and tell them this which I have here written.


    Richard Leschen.

  3. Research proves smart meters are dangerous to people. This is just another govt. intrusion to take away our rights as U.S. citizens. We must defend our rights and stand together, getting petitions signed and sent to our elected officials, calling these officials and getting Judicial Watch involved to help us. I would bet my bottom dollar this administration is behind these smart meters. People need to wake up and realize the govt. wants what they feel is good for them and not the people they represent.

    • You are right! This administration is behind smart meters. Obama’s “Stimulus bill” in 2009 appropriated 3.5 billion dollars of our tax money to fund smart grid roll out. However President George W. Bush was also behind it as there were smart meter provisions in the 2005 Energy Policy law and in the 2007 Energy Independence law. The disaster really had its beginnings under President H.W. Bush who “informally committed” this nation to something called “Agenda 21”, a commitment maintained by every President since.

  4. We received a comment today from Shelley as follows:

    Submitted on 2013/01/12 at 12:19 pm
    Being someone that has just had a run in with DTE, I have been awoken to the dangers of the smart meters. I never realized my health problems were related to the installation of the smart meters in my neighborhood. It is getting to the point that I can barely stand being in my home because of the buzzing in my ears, and the insomnia. I have stopped sleeping in my bedroom because the meter is on the other side of the wall, as well, as my neighbors. I am very upset about this and will now do what I can to educate everyone I know. I don’t think most people even know the dangers that are involved. Perhaps, it is time to start a petition. As far as the judge, I am not surprised. They are all bought and paid for. Anyways, I am on board. Keep me posted as to what I can do to help.

  5. Hey, DAve. Good article and glad you put it up there. I think there’s one thing that wasn’t brought out that’s very important, and i hope you can add it in and highlight it. We submitted the health testimony in large part to show that digital meters of all kinds and the smart meter with the RF turned off is just as dangerous and causes as many healht problems in sensitive people as the smart meter. This info is so important to get out there, and it is getting lost everywhere. Can you put that in your article. Linda

  6. Dave,

    IMO, that this kind of crap reminds me of Grover Norqists’ (sp?) stranglehold on the Republican congress.

    Our Commission is holding a “special open meeting” on January 22nd and basing it around the “Societal Test Cost & Energy Efficiency Cost Effectiveness” as it’s first order of business for 2013. The program will feature a presentation by representatives of Lawrence Berkeley National Laboratories in Northern California. LBL is a federal scientific research institution, under the U.S. Department of Energy. LBL has been advising the California Public Utilities Commission and State Legislature on the smart meter issue. See http://www.lbl.gov/.



  7. Dear Readers,
    I am both shocked and truly appalled at the Truly Wicked Way you have been so mistrusted by this so-called Judge, who seems to me to be in the back pocket of the Electric Power Company regarding “The smart meter opt out case, U-17053.” This is a travesty of major proportion. You obviously need to get a Judge who is not seemingly beholden to Corrupt Business Tycoons !

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