(your street address)
(your city, state, zip)
(date you will send letter)
Advanced Metering Team
DTE Energy Company
One Energy Plaza,
Detroit, MI 48226
This letter is in response to your letter describing the “opt-out” program DTE has established with respect to “smart” electric meters.
We understand that the Michigan Court of Appeals (COA), in January 2015, declined to reverse the decision of the Michigan Public Service Commission (MPSC) with respect to your “opt-out” program. But the MPSC decision itself did not make smart meters a condition of service, but merely asserted that MPSC had no jurisdiction to specify the types of meters you could use. The COA decision, in turn, merely agreed with MPSC that it had no jurisdiction in this area. Hence neither decision actually made smart meters a requirement of law or a condition for receiving electric service.
Please be advised we do not choose to enroll in the opt-out program as described in your letter because it does not provide a true opt-out as was demanded by over 400 customers and 35 city governments. Your letter states that a “non transmitting digital meter” will be installed, but it is our understanding this meter is an “advanced meter” or “smart meter” with the radio turned off.
We believe your company does not have the right to force installation of any “advanced meter” which will cause customers health problems or invade their privacy. Your tariff, MPSC regulations and state law all give you the right to install a “meter” as that term is defined in the law. The definition of meter does not encompass a surveillance device or a device that may be injurious to health. We insist on the right to have our electricity usage monitored by the traditional analog or electro-mechanical meter, at least until such time as another acceptable alternative can be made available.
We will refuse installation of any “advanced meter”. To that end we have posted a sign next to the meter denying such installation, and may take further steps such as the placing of a lock on the meter housing or maintaining a locked gate to deny entry to your installers.
Any retaliatory action by your company, including termination of electrical service, will result in our bringing or joining a lawsuit in defense of our rights as utility customers.
(your signature(s) )
(your printed name(s) )