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February 20th, 2017
by Lola Killey

We are nearing a moment in history that we have all been waiting for – hearings at the Michigan House of Representatives Energy Committee on an analog meter choice bill that could move the bill out of committee and onto the House Floor for a vote. The bill is HB 4220. The hearing is this coming Tuesday, February 21, at 9:00 AM in Lansing in the Anderson Building, 5th Floor. The positive momentum is due to the efforts of several of our legislators, legislative staff, and the legislative service bureau. In particular, we are very grateful to Representatives Glenn, Lucido, Howrylak, McCready, Barrett, Liberati, Zemke, Runestad, Hernandez, Allor, Kelly, Canfield, Noble, Hornberger, Hoitenga, Wentworth, Garrett and Robinson for supporting and sponsoring the bill. We are also grateful to Nancy Bareham, aide to Representative Kelly, for her hard work, and to Senator Colbeck for his support on the prior bill, HB 4916.

HB 4220 is the replacement of HB 4916. The text of HB 4220 is exactly the same as HB 4916. A new number was assigned to the bill because of the new committee being formed this year. Analog meter choice advocates have pushed hard to get an analog meter choice bill out of committee for years. The beginning of the bill states:

A UTILITY CUSTOMER MAY CHOOSE BETWEEN THE

PLACEMENT OR USE OF A TRADITIONAL METER OR AN ADVANCED METER REGARDLESS OF THE UTILITY THAT PROVIDES SERVICE TO THAT CUSTOMER.

Near the end, the bill states:

“TRADITIONAL METER” MEANS AN ANALOG OR SIMILAR METER THAT IS UNABLE TO TRANSMIT USAGE INFORMATION AND IS ONLY INTENDED TO BE READ BY AN INDIVIDUAL THROUGH A VISUAL DISPLAY. A TRADITIONAL METER IS NOT DESIGNED TO BE AND IS NOT CAPABLE OF TRANSMITTING USAGE DATA BY USING RADIO WAVES OR BROADBAND OVER POWER LINES, ALLOWING 2-WAY COMMUNICATION BETWEEN THE METER AND THE UTILITY OR ITS AGENTS, OR ALLOWING A UTILITY OR ITS AGENTS TO CONTROL A CUSTOMER’S THERMOSTAT, APPLIANCE, OR SERVICE. A TRADITIONAL METER DOES NOT INCLUDE AN ADVANCED METER THAT HAS CERTAIN FUNCTIONALITY TURNED OFF OR DEACTIVATED.

We interpret above sections together as giving utility customers the analog meter choice we want for the meters placed on our homes.

Please join us in the effort to get this bill passed. We need every voice to support this bill in its entirety at this moment in time. We cannot afford at this moment in time to pick and choose different language, or interpret it negatively. We need positive support, positive momentum, and a positive outcome. For that to happen, we need every voice to support our legislators and those who are helping them. Please call your representative and tell them that you support HB 4220, and either thank them for their support, or ask them to support it as well – 100%! THANK YOU!

 

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(Editor’s note: Rep Gary Glenn, sponsor of
the new bill is also now Chairman of the
House Energy Committee and promises
a hearing this session)

by Clayton Cummins, WILX News 10, Lansing
(full article linked below)

February 8th, 2017 – “There’s a move in the state legislature to get rid of fees that utilities charge to customers who want to keep their “old meters”.

This bill hasn’t been formally introduced just yet and Representative Gary Glenn (R-Midland) is working to get support for it.

… In addition to waiving the opt-out fees, the legislation would allow home owners to self-read their meter by just taking a picture of it and sending it in.

The utility could check the meter quarterly to confirm they’re not being misled.

Rep. Glenn tells News 10 the choice should be up to the home owner.”

“As long as those utilities are a state privilege monopoly given the right exclusively to deliver electricity, then we are going to protect homeowners from that kind of monopoly policy,” said Rep. Glenn. “Trying to force certain technology on homeowners against their will or if they refuse to have it installed, charge them.”   More

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by David Sheldon
Revised November 14th, 2016

November 13th, 2016 – On November 10th the Michigan Senate debated Senate Energy Bills 437 and 438, a pair of bills that have been urged by Michigan’s major utilities and our Governor for nearly two years now. The Senate waited until this lame duck session to pass unpopular legislation that would impose new requirements for renewable energy, change approval procedures for new plants, generally raise utility rates, usher in time-of-use pricing, allow for “revenue decoupling” and limit the availability of alternative energy providers to serve the 10% of the electric market they now serve.

The bill is premised on Obama EPA regulations forcing closure of existing coal-fired generating plants and ordering states to re-organize their electric power grid systems (which President-elect Trump has promised to repeal). It would essentially replace a market-driven process for new power plant capacity and site decisions with a centralized state process. Revenue decoupling is a regulatory standard under which, as customers use less electricity in response to higher prices or other incentives, the utilities are guaranteed that their total revenues will not be hurt.*

Before this disastrous bill passed, Senator Patrick Colbeck, R-Canton, on November 10th introduced, on the floor of the Michigan Senate, his Amendment No. 4 to Senate Energy Bill 437. He sought to achieve by amendment something positive for Michigan energy customers. His floor speech outlined very effectively the case, based on homeowner property rights, that customers must be allowed a choice of meter type, in order to avoid having a device forced on them by the utilities. Property rights has always been implicit in the case we have been making these last 5 years for health rights and privacy rights, though we have not always stressed property rights as clearly as the Senator does here:

Unfortunately Colbeck’s amendment was defeated. This was done on a voice vote. The Senate that then went on to approve the two bills, 437 and 438, wanted by the utilities and our Governor. Senator Colbeck voted against passage of this energy legislation, as did quite a number of other Republican Senators. All but one Democratic Senator voted for the bills. An article discussing Sen Colbeck’s reasons for voting no on this bill can be found here. Check the voting of your Senator on SB 437 here, and on SB 438 here.

There will be an attempt made to introduce companion bills in the Michigan House – also in this lame duck session. Such legislation faces uncertain prospects. Please write your House rep and urge defeat of the energy package backed by the Governor.

We owe a vote of thanks also to Senator Colbeck for his letter to the Michigan Public Service Commission supporting meter choice and opposing some of the draconian shutoff rules being discussed there.

Although the Colbeck amendment failed this time, the fact that it was even raised on the Senate floor, and that we have House Bill 4916, are signs our issue is getting increased attention in Lansing. A new bill, to replace HB 4916, will have to be introduced in the House in the new legislative year. There are some indications the leadership of the House will likely be more favorable to us in the new year.

“First they ignore you, then they laugh at you,
then they fight you,then you win.”

Mahatma Gandhi

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*For an analysis of what the new energy bills will do see the Free Press article here:

 

 

 

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TWO MORE SMART METER APPEALS
MAY ANSWER THE QUESTION

by David Sheldon
May 31st, 2015

Early in 2015 the Michigan Court of Appeals (MCOA) handed smart meter resisters what can only be regarded as two major setbacks, denying nearly all claims against the DTE “opt-out” plan and the Consumers Energy Justice icons“opt-out” plan. We have analyzed these decisions in earlier articles on this site. Suffice it to say we think that, in the DTE case at least, it is very clear that the three judge panel hearing that case did not follow existing case law and chose instead to make new law to suit the needs of the smart grid political agenda.

Image above courtesy of digitalart.

Early in June we have oral arguments for two more smart meter appeal cases. Since different panels of judges will hear these cases we remain hopeful that we will finally see a just outcome. We are hopeful that this time the Court will finally rule according to the statutes and the existing body of case law. We encourage all of you who can to attend. We would like to pack the courtroom for both of these events. Location details and maps for both events, including parking information, can be found at this link: http://courts.mi.gov/Courts/COA/clerksoffice/Pages/Locations.aspx

 Stenman Appeal
Oral argument Tuesday June 9th at 10 am
Detroit branch of MCOA
3020 West Grand Boulevard
Suite 14-300

Sheldon Appeal
(Two errors corrected below)
Oral argument Wednesday June 10th at 11 am
Lansing branch of MCOA
Hall of Justice
925 West Ottawa Street
2nd Floor

 (1) Stenman Appeal: This case is unique among our cases in that it is the first appeal to be heard of a case that originated in a circuit court. All our other appeals have been cases that originated in the Public Service Commission. The Court of Appeals has much more latitude when reviewing a circuit court case than it does when reviewing the actions of an administrative agency.

For those of you who have changed your own meter, or have a plan to do so or have suffered a disconnection of service, this case is particularly relevant. If this appeal goes well we may finally have a way to stop DTE from forced installations all over their service territory!

Early in 2012 Ralph and Donna Stenman, of Farmington Hills, pleaded with DTE to remove a smart meter that had caused health problems for Donna, who is a cancer survivor, and was concerned, not only for her immediate symptoms, but also because the World Health Organization had rated in 2012 the type of microwave radiation that cellphones and smart meters produce “a possible carcinogen”. Their pleas to DTE were also based on a smart meter being a hazard for Ralph because the atrial fibrillation in his heart, put him at risk for blood clots and a stroke. The cause of Afib, per WebMD.com, is “rapid, disorganized electrical signals”. Smart meters put out very brief but high energy pulses about every 15 seconds that cause many people to experience irregular heartbeats.

Pleas were first made by letters to DTE – to no avail. In March of 2012, following a method that had been encouraged by Jerry Day and using a modified version of his suggested form, the couple sent DTE a document titled “Affidavit Notice and Demand for Removal of all “Smart Meters”, radiation emitting and surveillance devices.” The document stated that if DTE would not remove the smart meter within 21 days, the couple would do so, replacing it with a “safe and legally compliant meter, rated and calibrated to common metering standards”.

Upon refusal of DTE to remove the offending meter the couple found it necessary to take that action themselves. A licensed electrician was engaged for the job, readings of the smart and analog replacement meter were duly recorded and the smart meter safely shipped back to DTE. The utility responded first with threats and intimidation. Then a letter indicating that power would be disconnected, but ultimately sued the Stenmans instead in the Oakland Circuit Court. Attempts were made to find an attorney for their defense, but every attorney contacted stated that if he took on the case DTE would bankrupt him.

Ultimately the Stenmans found it necessary to represent themselves in court. Michigan Stop Smart Meters was pleased to arrange some assistance for them in the drafting of needed documents. In the fall of 2012 the case was heard by Circuit Judge Rudy Nichols.

The essence of the case was a demand for a “Partial Summary Judgment” which would include an injunction forcing the Stenmans to allow DTE employees back on their property to reinstall a smart meter. The injunction was to be permanent but the judgment would be considered partial only in the sense that a DTE claim against Stenmans for money damages would remain open to possibly be determined by a trial later.

A “Summary Judgment” is a judgment made without allowing for any trial or evidentiary hearing. There are long established legal principles that allow for this type of judgment when there are no material factual issues in controversy and the judgment can be rendered purely as a matter of law, based on facts agreed to by both sides.

We agree with the Stenmans that there were facts that had been explicitly placed in controversy that should render Judge Nichols decision contrary to law. They are:

  • Whether a “smart meter” is actually a lawful device that conforms to the definition of meter in the statute and in the regulations.
  • Whether the “digital meter” then being offered as an alternative would be any more lawful than the smart meter.
  • Whether either a smart or digital meter would threaten the Stenmans privacy. Preliminary evidence was offered in the form of a document authored by the National Institute for Science and Technology (NIST) to establish that smart meters are a threat to customer privacy and that they should only be installed on request of the customer.
  • Whether either a smart or digital meter would threaten the Stenman health. Preliminary evidence was offered in the form of an affidavit from Dr. Donald Hillman, retired MSU professor, relating the story of a little girl whose health had been severely compromised by the installation of a DTE smart meter.

Judge Nichols, in his Order of November 11th 2012, stated that the Hillman affidavit was irrelevant because it described what happened to another family, not what happened to the Stenmans. He ignored the other three arguments entirely, granted DTE’s motion for partial summary judgment and ordered the Stenmans to permit DTE employees to enter their property for the purpose of reinstalling a smart meter.

We agree with the Stenmans that Judge Nichols order was outrageous.

An appeal was filed. Again this had to be done with the Stenmans representing themselves as no attorney could be found willing to take on DTE. Again Michigan Stop Smart Meters was able to arrange some needed assistance in the preparation of an appeal brief and the drafting of other documents.

By agreement of both sides Judge Nichols put a stay on his order pending a decision by the Michigan Public Service Commission (MPSC) regarding an “opt-out tariff” proposed by DTE where the only “opt-out meter” to be provided was a smart meter with one of its two transmitters turned off. In May of 2013 the MPSC approved DTE’s proposal that opt-out customers must pay an initial fee and monthly fees and receive only a “non-transmitting meter”.

Following this DTE moved to have the stay lifted. This might have made the installation of a smart meter follow in short order. Stenmans argued that there was an appeal of the opt-out plan before the Michigan Court of Appeals and other appeals also pending. They brought in letters from their doctors to establish the harm a smart meter would cause them. Mr. Stenmans cardiologist provided a signed letter stating that installation of a smart meter “could lead to a bad outcome” for Mr. Stenman. They brought in evidence that DTE had accommodated other families in their neighborhood with analog meters. Yet Judge Nichols lifted the stay.

As it happened DTE did not enforce the court order. We suspect the company was more interested in the legal precedent this case established than in actually getting a smart meter installed.

As the time for oral argument began to draw near the Stenmans were finally able to find an attorney to file a reply brief and take on the job of oral argument.

Those interested in more details on this case will find the most important documents and briefs here: https://michiganstopsmartmeters.com/the-stenman-case/

It has taken nearly two years, including an initial period where both sides filed briefs, for this appeal to reach the stage where oral argument will be heard.

Please come and show, not only your support for the Stenmans, but your support for the principle that nobody should be forced to have a health damaging surveillance device on their home. Pack the courtroom in downtown Detroit on Tuesday, June 9th.

(2) Sheldon Appeal: This case, while originating in the MPSC, is also unique in that it is the first case in which the Court of Appeals (MCOA) is being asked to hold the MPSC in contempt of court for failing to carry out a previous order of MCOA. It is also the only case to reach MCOA where the overall funding of smart meters in DTE’s service territory is called into question.

This is the case for those of you who have been appalled that the MPSC, without ever holding an evidentiary hearing on the privacy or health implications, would give DTE permission to charge back the costs of 2.4 million smart meters to its customers!

Some of you may recall that in April of 2012 the Court of Appeals issued a decision remanding the case that allowed this funding back to the MPSC for a redo. That appeal had been brought by ABATE (an association of large business users of electricity) and by then Attorney General Cox. In the remand order to the MPSC the court directed as follows:

“… we remand this matter for the PSC to conduct a full hearing on the AMI program, during which it shall consider, among other relevant matters, evidence related to the benefits, usefulness, and potential burdens of the AMI, specific information gleaned from pilot phases of the program regarding costs, operations, and customer response and impact, an assessment of similar programs initiated here or in other states, risks associated with AMI, and projected effects on rates. In other words, a real record, with solid evidence, should support whatever decision the PSC makes upon remand. “ (Emphasis added)

This order went beyond what the appellants had asked of the court. Does it sound like the Court of Appeals was instructing the MPSC to just consider the rates that utility customers would have to pay to fund smart meters? Incredibly that is all the MPSC did, in complete defiance of the court’s order. Not only that but four smart meter resisters who wanted to participate as interveners in the reopened case were denied that right – mainly on the basis that we wanted to raise issues having to do with the risks of AMI technology which the administrative judge said were “beyond the scope” of the remand proceeding. I was one of those who tried to participate and was shut out. The others were Linda Kurtz and Dominic and Lillian Cusumano. Three of us then protested the decision of the administrative judge to the Commission and were denied again.

On October 17th 2013 the Commission issued its final decision in the reopened case. To nobody’s surprise they only re-justified the decision they had made the first time around. With no new kinds of evidence being allowed, how could the outcome be any different the second time? Michigan’s current Attorney General Bill Schuette did not appeal this decision nor did ABATE.

On November 16th 2013 David Sheldon did appeal that MPSC decision. He asked the appeals court to find that MPSC should be held in contempt of court for failing to carry out the court’s previous order, and that the case should again be sent back to MPSC for another redo – but this time allowing for the scope of the case to include the health, privacy and safety issues, and allowing new interveners to join the case and introduce evidence concerning the issues that had previously been neglected.

The issues that will be argued in this case are:

  • That it was wrong of MPSC to limit the scope of the case to just determining the amount of cost recovery for DTE on this investment and thereby denying the opportunity for anyone to introduce evidence regarding health, privacy and safety issues.
  • That it was wrong for MPSC to exclude the very interveners in the remanded case who would raise the issues the Court of Appeals required MPSC to address.
  • That even if the MPSC’s authority be limited to setting rates (as some have argued) the Commission could still have used that rate setting authority to deny rate recovery of smart meter costs after a finding that the technology harms the customers and the public. Denial of rate recovery would almost certainly have meant no smart meter program in Michigan.
  • Moreover the MPSC had jurisdiction from the legislature to directly order DTE to correct health and privacy abuses when acting in response to written complaints. And there were written complaints from 35 city and county governments and from over 400 utility customers.

As with the Stenman case, it has taken nearly two years, including the time for filing briefs, for this case to reach the stage of oral argument.

Please come and show your support for a case that seeks to have MPSC “held in contempt” for its dereliction of duty in approving the entire smart meter program without hearing the evidence. Pack the courtroom in Lansing on Wednesday June 10th.

 

 

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Cut power wires at pole(1) HAS YOUR POWER BEEN CUT? Meeting of those whose power has been cut by DTE over a smart meter issue, or those who are facing imminent threats of shutoff. Of the thousands who have refused smart meter installation, a small number of families had their service cutoff. We have been asked to setup this meeting so that folks who are facing this situation can share experiences and options for how to cope and for next steps. There will be information about generators and solar panels and also about your legal choices.

If this is your situation we need to hear from you. Please email: fdshel@gmx.com or phone: (248) 604-7545. Let us know if you are interested in attending such a meeting, what city you are in, and whether you are currently without power. When we get an idea how many are interested we will determine a meeting time and suitable location. We will try to schedule this meeting for April 28th, 29th, or 30th.

Law
(2) LEGAL CLINIC:
Meeting for those who will consider representing themselves in court, if that is what it takes to keep a smart meter off your home. Will cover:

  • Why the recent appeals court decision upholding the decision of MPSC with respect to DTE opt-out program does NOT foreclose other legal avenues of resistance.
  • Why it is so hard to find a lawyer who will take a smart meter case and provide competent representation for a fee you can afford.
  • Why smart meters are illegal in Michigan, and existing laws that are not being enforced.
  • Your right to represent yourself in court protected by order of U.S. Supreme Court.
  • How to prepare a Complaint that states a cause of action for which a trial court can give relief, how to obtain a summary judgment against DTE resulting in a court order that DTE may not make their smart meter a condition for receiving electrical service.
  • How to obtain money damages if you have been without electric power for a considerable length of time.
  • Issues triable by jury and those not triable by jury.

If you are interested in attending such a meeting, presented by someone who has successfully represented himself in court on many occasions, please email: fdshel@gmx.com or phone (248) 604-7545. Let us know what city you are in and what day of week works best for you. When we get an idea how many are interested we will determine a meeting time and suitable location. We are shooting for first or second week in May.

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LET’S MOBILIZE OUR FORCES

Hall of Justice - large front viewWho Should Come? All of us who are angry about ‘smart’ meters and DTE’s unconscionable threats to turn off power to those of you who have been defending your homes!

What We Will See Tuesday: A hearing in front of a three-judge panel of the Michigan Court of Appeals. The issues are whether DTE’s ‘opt-out’ plan is legal and whether the Public Service Commission (MPSC) did its job properly in evaluating that plan. There will be oral arguments presented by an attorney on our side and by attorneys representing DTE and MPSC. Most interesting will be questions that some of these judges will pose to the attorneys. This may give us an early indication, which way the wind is blowing. For a more detailed discussion of what these appeals are all about see our earlier post: Appeals of DTE Smart Meter ‘Opt-Out’ Will Be Heard!

Just Added: Full brief of the Cusumano Appeal!

Where? The Michigan Hall of Justice, 2nd Floor. This building, shown above, is at 925 West Ottawa Street, in Lansing between Ottawa Street on the north, Allegan Street on the south and Martin Luther King, Jr., Boulevard on the west. It is on the opposite end of the mall from the Capitol Building.

When? Tuesday, January 13th at 10 am. This session of court runs from 10 am until noon. It is likely that other appeals will be heard before ours is called.

Why Should We All Come? This will not be a forum for us all to express our discontents. It is a legal proceeding in a courtroom in which only the named parties may take an active role. But it is important the judges see that there is strong public support for the parties who have brought this case. People watching in courtJudges are supposed to rule strictly according to law, but judges are human. And judges are often feeling pressure from the political establishment and from powerful special interests to uphold policies and programs we find unacceptable. If they look out upon a mostly empty courtroom their courage to buck the establishment may falter. But if they look out upon a courtroom that is jammed with people who CARE about the issue before them, and SUPPORT those who have brought the complaint before the Court, it may make a difference!

Who Has Brought This Issue Before the Court? There are actually two appeals. One was brought by Cynthia Edwards, Linda Kurtz and Leslie Panzica-Gloppa. The other by Dominic and Lillian Cusumano. Both appeals are by people who took part, two years ago before the MPSC, in the so-called DTE ‘opt-out’ case. Both appeals argue that DTE’s ‘opt-out’ plan, as approved by that Commission, is illegal and needs to be retooled so that people have a real CHOICE.

Map, Directions and Parking: The travel time from Detroit is about 1- 1/2 hours. Longer during rush hour or if there are adverse road conditions. Parking can be a challenge for first timers. Much helpful information at this link: http://www.michigan.gov/documents/gtfcj/Directions_to_the_MI_Hall_of_Justice_184038_7.pdf

Appropriate Attire: We have been advised that we will make a better impression if we are conservatively dressed. For the men a suit and tie is recommended. Blue jeans are out!

What Can We Hope For? A decision overturning the DTE ‘Opt-Out’ plan that was approved by the Public Service Commission. The case would then likely be remanded to the MPSC for a do-over, but with specific instructions as to issues that must be considered and evidence that must be heard. The forced installations and threats we are seeing now would stop until a new plan is approved. Alternatively, the Court might uphold the DTE ‘opt-out’ plan, in which case forced installations would continue and we would have to seek a remedy by starting a new action in a trial court.

There is a tentative plan for us all to go out to lunch at a restaurant within walking distance of the Hall of Justice. Meet after hearing in rotunda, outside courtroom.

 SEE YOU THERE!

 

 

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Michigan Smart Meter Appeal Hearing

Court of Appeals RotundaMark Your Calendar! The long awaited appeals of the DTE smart meter opt-out plan will be heard by the Court of Appeals in Lansing on January 13th, 2015 at 10 AM! It is important that we have as many as possible attend!

 Two appeals were filed June 14th, 2013 of the DTE opt-out plan approved by the Michigan Public Service Commission. Dissatisfaction with this opt-out plan focused on two primary issues:

a) the plan did not allow anyone to keep (or get back) their analog electric meter, and

b) the plan requires payment of extortionate “opt-out fees” which will prevent many from opting out and are only likely to be increased in future years.

Analog electric meters are the only kind that is accepted by most smart meter protesters. The reasons are that they cannot invade privacy by tracking household behavior minute by minute, because they do not emit microwave radiation and because they do not put low frequency “dirty electricity” on home wiring. DTE would have us believe that they are addressing our concerns by offering a “non-transmitting” smart meter as the opt-out meter. They are NOT. Two appeals were filed on June 14th, 2013 to try to overturn the May 15th, 2013 decision of the Michigan Public Service Commission (MPSC) that approved DTE’s “opt-out” program. These appeals have taken 19 months to reach the point where they can be heard and decided. They are:

The Edwards/Kurtz/Panzica appeal – issues as follows:

  • The MPSC effectively did mandate smart meters by its opt-out decision and lacked statutory authority to make such a mandate.
  • The opt-out decision cannot stand because there was no consideration of what benefits, if any, the so called opt-out meters provide the opt-out customers in exchange for the fees being imposed.

For a more detailed discussion of the issues raised by this appeal see the discussion at: http://smartmetereducationnetwork.com/optout-status-appeal-mpsc-decision.php.

The Dominic and Lillian Cusumano appeal – issues are as follows:

  • The scope of the MPSC hearings of DTE’s opt-out proposal was improperly limited by the administrative judge. No consideration was given to the type of meter to be offered opt-out customers, no attention to privacy concerns and no attention to the fact that many opt-out customers would be paying fees just to maintain the health they had before smart meters were deployed.
  • The administrative judge incorrectly applied a doctrine of “managerial prerogatives” to limit the jurisdiction of the MPSC regarding issues profoundly affecting the welfare, health and privacy of utility customers and the public.
  • Issues ruled “beyond the scope” in this case based on the notion they had been addressed in earlier MPSC cases had not, in fact, ever been addressed at all.
  • Appellants were denied the opportunity to establish an evidentiary foundation for their complaint that both the ‘smart meter’ and the ‘non-transmitting’ opt-out meter violate the Fourth Amendment to the U.S. Constitution.

The two above appeals were consolidated into one for hearing purposes.

What will happen at this appeal hearing: A three judge panel will hear oral arguments for and against these appeals. Typically the judges take turns throwing questions out to be answered by the parties. In this case there will be attorneys representing DTE, attorneys representing the MPSC and attorneyKurt Koehler will be representing appellants in the first case (above). The second appeal was brought by the Cusumanos without benefit of an attorney and they will not be eligible to participate in oral argument. They must stand on their written briefs. It is likely however that some argument will be heard about their briefs since judges may wish to question the attorneys for DTE and MPSC with regard to the Cusumano appeal. Sometimes the type of questions judges pose give a clue, which way the judge is leaning. Sometimes not. A good way to get a sense of how this might go is to watch the video of the Maine Supreme Court hearing on smart meters on this website: https://michiganstopsmartmeters.com/2013/03/29/maine-supreme-court-hears-smart-meter-case/

What Are the Possible Outcomes:

1) The court may uphold the decision of the MPSC and deny both appeals.

2) The court may find that the decision was illegal because the MPSC exceeded the authority granted it by the legislature.

3) The court may find that the decision must be reversed because the scope was improperly limited by the MPSC so as to prevent building a record of competent evidence to support the decision. In this case the court would likely remand the case back to the MPSC for a do-over, with specific instructions about issues they must consider and types of evidence they must hear the second time around.

4) The court may find that the decision must be reversed and remanded to MPSC with instruction to consider what benefits, if any, the opt-out plan provides the opt-out customers.

 PLEASE COME AND SUPPORT US! THIS COULD BE A DAY OF VICTORY FOR ALL OF US WHO HAVE RESISTED THESE METERS! YOU WILL BE GLAD YOU WERE THERE TO SEE IT FIRST HAND!!!

Court Address:
2nd Floor, Hall of Justice
925 West Ottawa St.
Lansing, MI