Tag Archives: MPSC decision found unreasonable

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DECEMBER 16TH, 2017 – WE STILL NEED HELP!!!  Two months ago we made an appeal for donations to cover our ongoing costs for flyering, educational efforts and possible newspaper ads. A few of you contributed generously and we appreciate that. But we need more of you to step up and help with this – by donation or by volunteering.

Again, how much we can do will depend on your generosity in donating to us at this time.

If you are angry at what DTE, Consumers Energy and their cronies in state offices are doing to Michigan utility customers, and you appreciate all that we are doing to fight these injustices, then PLEASE HELP US by donation or by volunteering your time!

click to Donate

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September 20th, 2017 – In a newsletter to his constituents in Michigan’s 7th Senate District, Senator Colbeck reports that he is receiving huge numbers of complaints about unreasonable shutoffs of electric service because of smart meter disputes. Many of these shutoffs are happening even when there has been no locking of meters or attempts to block installers.

Colbeck beautifully sums up the whole issue with this “The MPSC says citizens have a choice. But choosing between having electricity or not having electricity, as hundreds of people in the 7th District and across the state are finding out, is no real choice at all. It is coercion.”

Read his whole opinion in his newsletter HERE.

Please also check out our home page here.

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MARCH 14TH, 2017 – A THIRD HEARING ON THE METER CHOICE BILL AND A GREAT PRESENTATION ON ELECTRIC CHOICE BY THE MACKINAC CENTER FOR PUBLIC POLICY.   Because there had been concerns expressed by committee members about possible shifting of costs from opt-out customers to smart meter customers, today’s hearing in the Michigan House Energy Committee began with a special presentation by Richard Meltzer, a retired PhD statistical researcher and consultant to the U.S. Department of Energy. Dr. Meltzer had also participated as an intervener in the MPSC case U-17053, the case in which the present opt-out fees for DTE were determined. Key testimony included Meltzer’s assertion that the opt-out fees determined in that case were punitive, designed not to recover costs but to discourage opt-outs, and that DTE has been very selective in attaching certain costs to classes of customers while not doing so in other cases, in order to suit its own purposes. He provided specifics in the form of exhibits from the U-17053 case to back up his assertion that the net cost shift between smart meter customers and opt-out customers had been overwhelmingly in the direction of burdening the opt-out customers.

A decision was made to defer voting on the merits of the meter choice bill to allow more time to address concerns of some committee members. Rep Glenn offered an amendment to modify the text of HB 4220,  primarily to remove water meters from this bill thereby limiting this bill to energy utilities (electric and gas) that are regulated by the Michigan Public Services Commission. The definition of “traditional meter” was also improved to remove any ambiguity that “traditional meter” could mean anything other than an analog meter. The amendment of the bill’s text was approved unanimously, with understanding that a separate bill will be introduced for the smart water meters.

The Mackinac Center presentation, by Jason Hayes, was a plea for free market principles in the electricity markets. Examples were given that in states where electric provider choice was not capped at 10% (including Michigan between 2000 and 2008) electric rates were much lower than in states where there was no choice or choice capped. In the questions following this presentation Rep Kivella asked if Mr. Hayes believed it was appropriate for smart meter opt-out rates to be set at an arbitrary figure by this legislative committee of “largely non experts” or by the Public Service Commission. The response was that “just at a gut level I don’t like the idea of trusting a Public Service Commission except where you have to, and in this case, setting electricity rates you have to.” He indicated that he would prefer a market based setting of all rates but that the PSC is the system we have.

After the Mackinac Center presentation there were more public comments on the meter choice bill. Complete video of this hearing here.

 

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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.