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Movie Producer Offers False Hope to Thousands
by David Sheldon
Revised August 8th, 2017

Most of us were very impressed with the quality of the film ‘Take Back Your Power’ by Josh del Sol. It has been effective in motivating people whenever it has had a showing. This movie producer undoubtedly has a talent for dramatizing the smart meter issue.

In December of 2014 Mr. del Sol came to speak following a showing of his film at the Royal Oak Art Theater. He and an associate, Cal Washington, used this time for an illustrated presentation in some detail, of a process for (supposedly) stopping utilities from installing smart meters. Documents to be used were presented on the big screen and discussed in some detail. In these documents, liberally punctuated by biblical references, there was much about holding individual utility executives and politicians personally liable financially by using merchant law, and sending them a series of letters which would ‘notify them of their liability’.  At the end of this meeting some 20 or so individuals were persuaded to attend a follow-up meeting for the purpose of putting the process to work in their own situations.

Now Mr. Del Sol has sent out an email indicating his intention to go nationwide and perhaps even worldwide with this process. He has also setup a web site where he is soliciting funds to support his activities. He indicates the process has been tested with three “seed groups”. Apparently the Michigan group he formed in 2014 is one of those three seed groups.

There is a problem with all this: the process does not work. Despite my own visibility in the smart meter choice movement through this website and in many other ways, I have not heard from even one of the 20 people in that Michigan seed group stating that, after following del Sol’s process, they were successful in keeping a smart meter off their home.

The process is inherently flawed because it is based on the assumption that officials can be forced to deal with us on our terms and become individually liable just because we assert in letters that they are individually liable. The process also assumes that one can form a binding contract with officials by making an offer which they refuse or neglect to answer. Contract law does not work that way. A valid contract requires an offer and an acceptance. Ignoring an offer does not constitute acceptance. And for the process to mean anything there would have to be some real concern by the officials that courts would, in fact, hold them personally liable for their actions.

There is a problem with that as well. From what we have seen so far, the courts here in Michigan are not about to rule against the utilities no matter what arguments are presented to them. We have had four cases now reach the Michigan Court of Appeals. Issues such as property rights, privacy, health, the Fourth Amendment, the Fifth Amendment (takings clause) and Michigan’s own felony surveillance law, and others have been argued with thorough support from the Constitution, the statutes and case law. But the appeals court has ignored all of that and ruled against us at every turn. We have seen similar disregard of the law in some other states and in the federal court system.

Smart meters are clearly a world wide threat, being forced on people in every industrialized country. This, despite the fact these meters are not “green” but actually increase overall energy usage and add to the amount of carbon dioxide being produced. There is clearly an agenda in play, emanating from policy makers at the international level, through our federal government to our state government. Policy makers at the federal and state level are driving the agenda, essentially bribing utilities by creating vast opportunities for the utilities and the technology companies that supply them to participate in this bonanza. And our judges are not going to get in the way of that agenda. Perhaps they have been bribed or warned of consequences to themselves if they side with us.

All that said, there may still be opportunities for individuals whose very lives have been placed in jeopardy to obtain limited relief from our courts – providing they seek remedies that only carve out very narrow exceptions to the program, leaving the overall agenda intact.

Now if our courts are not going to uphold the Fourth Amendment, or the Fifth Amendment, or Michigan’s own felony surveillance law because of an agenda from on high, then why on earth would they enforce merchant law when it conflicts with the same agenda? It makes no sense whatever. The officials who are supposed to be scared straight by the various documents and letters in this process will simply laugh at them.

I believe it is important for me to publish an article exposing this process, which is akin to the Emperor’s Clothes in the old fable, because I believe that otherwise many in our Michigan smart meter resistance movement will be tempted to sign on, invest heavily of their time, and make donations to a process that is not going to help them in their individual situations and certainly not help our movement.

Why is Mr. del Sol promoting a process that he must know does not and cannot work? Who can say? His intentions may be the best but perhaps he has been misled in some way.

Our focus as a movement now needs to be on getting meter choice legislation passed. Those who can afford to make a donation or do volunteer work should be directing their time and money to help the various Michigan groups that are working toward that goal.

Those groups are:

Smart Meter Education Network                           smartmetereducationnetwork.com

Michigan Stop Smart Meters                                  michiganstopsmartmeters.com

Analog Meter Choice                                              analogmeterchoice@gmail.com

Utility Meter Choice 4 Michigan                           mysmartmeterdoeswhat.com

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FIRST MEETING OF THE
MICHIGAN HOUSE ENERGY COMMITTEE

February 7th, 2017 – On this day the first (organizational) meeting took place for the Energy Committee of the Michigan House of Representatives, mich-house-energy-policy-committee-2017Chaired by Rep Gary Glenn. This is a new day for meter choice legislation because the new chairman, unlike his predecessor, strongly supports our cause and the cause of energy consumers generally.

We think all Michigan smart meter activists will be heartened to watch the entire first meeting under Rep Glenn’s leadership. Clearly he intends to fight for energy consumers at all levels – residential customers, school systems and large industrial users of electricity. He makes the point that school systems, for example, will be able to hire more teachers with the money they save when they have a choice of energy provider.

Rep Glenn believes the whole matter of whether DTE and Consumers should have a full monopoly in their respective service territories should be re-evaluated, notwithstanding the legislation that was passed in December of 2016.

Glenn stresses that the smart meter issue is basically one of property rights and a monopoly utility being able to force new and unwanted technology on its customers. Smart meter activists will find his remarks on that subject 12 minutes and 30 seconds into the meeting, which can be viewed HERE.

PLEASE CHECK OUR HOME PAGE FOR OTHER NEW ARTICLES!

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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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UPDATE ON MICHIGAN COURT OF APPEALS DECISIONS

by Vigilant Dave
July 26th, 2015

Justice iconsThis past week we saw first an unfortunate decision in the Sheldon smart meter appeal. That was the case in which the Court had found in April of 2012 that a Michigan Public Service Commission (MPSC) decision on smart meters did not have any substantial factual support. The Court had ordered the MPSC to do the case over and this time to consider all aspects of smart meters, including the “risks and burdens” on customers and the ”experience in other states.” But the Commission chose to defy the court’s order and consider only the effect of smart meters on utility rates. The Commission also chose to exclude the very interveners who could have presented evidence on the issues the appeals court wanted considered.

David Sheldon brought an appeal as one of the excluded interveners, essentially arguing that the Commission was in contempt of court. A panel of three judges heard the case, which was not the panel that had earlier ordered the Commission to consider all the aspects. This panel actually found no problem with the Commission’s conduct! They failed, in their written opinion and order, to state any logical basis for finding that the Commission had carried out the earlier order and should not be found in contempt.

That decision may be read here.

A second decision this week was on a Motion for Reconsideration filed by the MPSC on the Consumers Energy case. This was the case, known as Rison et al, filed by a group of 16 Consumers customers from the Muskegon area. The Commission had been ordered back in May to redo a contested case involving their decision to approve funding and an opt-out plan for Consumers Energy customers. The scope of the remand was  limited to rate issues, with no indication that the Commission need consider health or privacy concerns. And no requirement that the Commission need allow the Consumers customers who brought this case to participate in the remand hearings.

The MPSC wanted the Court to reverse that decision on grounds they had already thoroughly examined smart meter issues and there was no need for further inquiry. In this matter the majority of the justices simply denied the motion, so that the earlier order remained in effect and the majority made it clear that the scope of the case would remain limited as earlier ordered.

But this time something happened that was not business as usual. Judge O’Connell, who had participated in that earlier decision, filed a dissenting opinion in which he actually expressed his view that the scope of the earlier order should be expanded to specifically include health and privacy issues. He stated that due process requires that customers who have smart meter concerns have a forum in which to present evidence to back up their concerns. He also questioned the justice of charging opt-out fees, questioned the objectivity of the MPSC, questioned the propriety of the Attorney General representing both sides in a contested case and opined that it was time for the Michigan Supreme Court to get involved. It must be stressed this was a dissenting opinion and in no way was it the order of the court. But at least it gives us some reason for hope that we are beginning to change minds.

 That colorful dissenting opinion can be read here.

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Analysis by David Sheldon
(July 19th, 2015)

On July 15th, 2015, a decision was handed down by the Michigan Court of Appeals that, if not appealed, will severely constrain the rights of all Michigan utility customers. This article is written, in part, as a response to an inaccurate and misleading article published a few days ago on another smart meter website. Sadly that article unfairly characterized the efforts of a couple to defend themselves against utility bullying and implied that, if only they had hired a good lawyer, the outcome would have been different.

We know there are thousands of you, in southeastern Michigan alone, who have resisted the forced installation of a “smart” electric meter. Many of you have locked your meter enclosures or otherwise limited access by utility installers bent on replacing your traditional meters.

Thousands of others who have the new smart meters are now suffering serious health effects that limit them in the use and enjoyment of their homes. The universal experience has been that, once a smart meter is installed, the utility will not remove it for any reason. At least 20 families that we know of have found it necessary to resort to self help in order to rid themselves of an intrusive and life limiting device.

Such was the case for Ralph and Donna Stenman of Farmington Hills. In early 2012, after pleading with DTE to remove a smart meter that was making Donna ill, the couple finally resorted to removing the offending device themselves and replacing it with an industry standard calibrated analog meter. The smart meter itself was in no way tampered with. It was simply removed from the meter housing (owned by the homeowner) and safely returned to DTE.

The utility objected that the meter the couple installed was not an approved device. The couple responded that DTE was welcome to replace it at any time with an analog meter of their own specifications. The utility responded with threats and repeated attempts to re-install the smart meter. The Stenmans believed they had no choice but to notify the utility that any access to their meter would have to be by appointment only and under supervised conditions. The result was that DTE sued the Stenmans seeking, among other things, an injunction that would command the couple to allow DTE installers to enter upon their property for the purpose of re-installing the smart meter.

The lawsuit was heard by Oakland Circuit Judge Rudy Nichols in the fall of 2012. The couple wound up representing themselves after approaching a number of attorneys who refused to take the case, stating either that it was hopeless to go up against a utility or that DTE would bankrupt them if they took the case. A preliminary hearing was scheduled with DTE asking for a summary judgment.

In preparation for that hearing much research was done on the law to determine what sort of evidence the couple would need. Michigan Stop Smart Meters provided assistance. The couple filed a formal response to the suit, explaining why the smart meter had to be removed, and providing an affidavit from a doctor that an identical smart meter installed on another home had caused severe illness. Also presented was a government document explaining how these meters would invade privacy and that they should be installed only with consent of the homeowner. The couple fully expected that this preliminary evidence would be enough that the judge would schedule a trial. Instead, in December of 2012, the judge granted DTE a summary judgment with no opportunity for the couple to present any further evidence.

Judge Nichols stated in his decision that the Stenmans had not met their burden to present evidence showing that, if a trial were held, they had a reasonable chance to prevail. Yet another Oakland Circuit Judge had heard an identical lawsuit by DTE against another couple a month earlier, been presented with the identical evidence, and found that evidence sufficient to warrant scheduling a trial. Judge Nichols also ignored the fact that DTE had not presented any evidence that their smart device had ever been authorized by either the legislature or the Michigan Public Service Commission. The law is clear that a summary judgment is only legal when there are no material facts in controversy. The law is also clear that any ambiguity in the factual situation must be resolved in favor of the non moving party – in this case the Stenmans. Judge Nichols decision was clearly contrary to law.

An appeal was filed. The Stenmans filed their appeal brief without benefit of an attorney. The wheels of justice turn slowly. It took from December of 2012 until June of 2015 for oral argument to be scheduled. The Stenmans finally found an attorney to represent them at the oral argument. Some of you had the opportunity to hear that.

On July 15th a decision was finally issued that upheld Judge Nichols’ decision in all respects and provided no relief to the Stenmans. In reaching this conclusion the Court of Appeals found that:

  1. That even though the burden of proving the necessary elements of a complaint always (by law) falls on the plaintiff, that burden can be cast, when convenient, upon the defendant.
  2. That, although DTE had never presented any evidence, or even an assertion, that their smart meters were lawful, these meters were nonetheless lawful.
  3. That, even though the Michigan Public Service Commission (MPSC) had no jurisdiction to tell a privately owned utility what kind of meters to use(*), the MPSC nevertheless had the authority to authorize the new smart meters, and the utility could rely on that authority to force installation of the new meters.
  4. That, even though a private utility is required to have its rules and conditions of service approved by the MPSC, and no such approval had actually been given for the utility to make smart meters a condition of service, that the utility could, nonetheless, mandate smart meters.
  5. That, even though the MPSC has consistently refused to hold any evidentiary hearings on the possible health dangers of smart meters, they were entitled to conclude, as a matter of law, that health effects of smart meters are negligible.
  6. That, even though the “opt-out” plan offered by DTE allows nobody to avoid having a smart meter and was not even an available plan when the Stenmans resorted to self help, this plan is cited as one of the reasons Judge Nichols was justified in his ruling.
  7. That even though there is no practical alternative to DTE service for most people in southeastern Michigan, nonetheless being a DTE customer is “voluntary”.
  8. That even though evidence was provided the court that an identical smart meter had made a child severely ill, this did not constitute evidence that it might endanger the lives of an elderly couple.
  9. That even though the issue of the “opt-out” plan being an opt-out in name only was fully discussed in the Stenmans’ original pleadings before Judge Nichols, the Court of Appeals finds that this issue was not raised in the trial court.
  10. That, although the Stenmans provided an official publication of the U.S. government in which the National Institute for Standards and Technology concluded that smart meters will violate the privacy of homeowners wherever they are installed, the Court of Appeals finds that such concerns with privacy are merely “conjectural and hypothetical”, and that there has been no showing of “actual or imminent harm”. Therefore the Stenmans “have no standing” to raise the Fourth Amendment issue.

Whether one reaches this point fully represented by an attorney or reaches it through one’s own efforts makes little difference in the end.

What we see in this Appeals Court decision is not respect for or observance of law. What we see is a politically motivated decision based on the idea that nothing should get in the way of the smart grid agenda. Or that nothing should get in the way of powerful interest groups.

This is not to say that our legal system is hopeless or that we shouldn’t try to defend our rights through lawful means. Not every panel of the Court of Appeals will be as unreasonable as this one, and not every trial judge will be as unreasonable as Judge Nichols.

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* Another panel of this same Court of Appeals so ruled in March, 2015 in the case of Cusumano v. MPSC.

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Dr. David O. Carpenter to Testify Against “Smart Meters”
in Utility Rate Case
before
Michigan Public Service Commission.

David_O_Carpenter_from_the_University_at_AlbanyDr. Carpenter’s position is that the current smart meter technology
poses health risks both because of the microwave radiation and
because of the low frequency “dirty electricity” these meters put
on the wiring of homes and businesses.

Cross Examination of Dr. Carpenter
Michigan Public Service Commission
7109 West Saginaw Highway
Lansing, MI

Monday July 6th, 9 AM

Dr. Carpenter is currently Director of the Institute for Health and the Environment, State University of New York at Albany. He has published some 350 papers in peer reviewed journals.

We would like to see as many as possible attend the above
hearing before the administrative judge to show support for
Dr. Carpenter and for the testimony he is providing that will
be so helpful to our cause.

Directions from Detroit area: Follow I-96 from Detroit to Lansing and continue up the west side of Lansing, then exit to Saginaw Highway
and proceed
about 3 blocks east.

If you care about putting the brakes on this harmful technology, consider making a donation of $100, $50, $25 or whatever you
can afford to cover Dr. Carpenter’s travel expenses.

The doctor is, apart from reimbursement of out of pocket expenses, receiving no payment for his testimony. It is costing about $1,000
for air fare and rental car to bring him to this hearing.
This money
has been advanced by
Michigan Stop Smart Meters. Any money
raised
in excess of these travel expenses will go toward our ongoing
legal efforts and toward cost of
travel to put on smart meter
lectures
all over the state.

Please send contributions by check or money order to:

Michigan Stop Smart Meters
215 West Troy #4004
Ferndale, MI 48220

 

 

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February 28th, 2012 – Representative Paul Opsommer (R) of Dewitt introduced today a bill in the Michigan House, HR 5439, to allow utility consumers to opt out of “advanced meters” otherwise known as ‘smart’ photo of Michigan Capitol buildingmeters.  This bill, like the McMillin bill before, has been referred to the House Energy Committee.  If either bill passes we will have reached a real landmark in our fight against an abusive technology.

This latest bill does go even further than the first one to protect us:

  • Respect for community moratoriums.
  • Utility requested to remove an ‘advanced meter’ must do so within 15 days
  • Compromise on fees:  A $50 removal fee – but only if there had been previous consent by present or previous owner.  No ongoing monthly fees for opting out!
  • Utility may not offer a discount or rebate to anyone for accepting an advanced meter.
  • Except where customer explicitly requests an “advanced meter”, the utility must send letter out 6 months prior to install explaining what an “advanced meter” is and explaining opt-out procedure.
  • Where customer has formally requested opt-out, utility must acknowledge in writing.
  • Covers municipal energy utilities as well as those regulated by MPSC.
  • Customer may opt-out of later generation advanced meter even if first generation one was accepted.
  • Advanced meter data transmissions must be encrypted and may not contain the customer’s name or address.  Only a customer identifier number is allowed.
  • Customer data may not be posted on internet except with a secure protocol and a password.
  • Customer data may not be given to law enforcement except under court supervision.
  • Shutoffs shall require an in person visit at least 48 hours in advance to verify address.
  • Secure system and audits by Commission concerning shutoff procedures.

There are only two provisions we can think of that we would like to see added to this bill.  One would be to redefine “advanced meter” to include any meter that is capable of recording and storing usage in intervals of an hour or less, can act as a gateway between appliances in a home and the utility and also has two way real time communication with the utility to support demand-response programs.

While wireless radio transmissions are one of the major objections to the present variety of ‘smart’ meter, such wireless communication should not be viewed as an essential or defining attribute of a ‘smart meter’.  After all, in some other nations, all the objectives of a smart meter program have been achieved by fiber optic or other hard-wired means.  The definition matters if consumers are to be protected from ALL violations of their privacy and Fourth Amendment rights.  No utility customer should ever be forced to accept a meter that is a surveillance device but sends the customer data over a phone line or over the power line itself.

The other provision we would like is a strong community opt-out.  It is not clear if the community moratorium provision in this bill would afford more than temporary protection.  Any city or township should be able to enact a zoning ordinance that would establish certain safe zones for those citizens who are concerned about the possible long term health effects of being bombarded 24/7 with radio waves from their neighbors meters as well as their own.  Individual opt-out alone won’t be enough to save the health of susceptible individuals.

Read the full text of the Opsommer bill by clicking here.