A Message to All of Our Michigan Friends, from the Cusumanos – Two of Our Strongest Fighters!!!

Everyone’s hard work has been incredible and awareness to the smart meter issue is continuing to grow!  But once again, your help is needed!   Our work is not done! 

Numerous individuals have stood up and reported their adverse health affects since the smart meter deployment.  This came from many citizens and ratepayers alike.  Numerous individuals went before the “Public Service Commission” and observed them turn a blind eye to your concerns, and it all fell on deaf ears.

That’s not the case any longer.  We have watched you in different avenues present your concerns and you have been great spokespersons for “the people”.


Please ASK EVERYONE to mark and set this date on your calendar…

September 1, 2013

This is the DATE where all advocate groups will have their followers send out an email!

…. It is time once again to bombard your Legislatures (in your district) with hard evidence by all parties experiencing an episode of adverse health effects, AND, IT MUST BE SUPPORTED BY YOUR MEDICAL DOCTOR WHO WILL CORROBORATE YOUR ILLNESS in writing.  Without a letter from your doctor, our lawmakers, will not have the necessary tool to take on the energy providers. Doctors have the expertise to make a diagnosis, we as patients do not. It is not enough to simply assert a cause and effect; we need the medical documentation to be taken seriously.

Your doctor needs to write a letter for you and you need to attach that letter along with your personal letter to your Representative & Senator.  Be sure your doctor knows what you are doing and he has consented to do so. That is important!!!  If the doctor is called upon, they can support your health claim and this will greatly assist with abating the smart meter and keep your analog meter!!  We can’t wait until people die!

When you send a letter or email to your representative, please email us a blind copy us so we can keep track of how effective this campaign is!!!

As these letters are being supported by your doctors and are sent to your Representatives and Senator, plausible deniability NO LONGER EXISTS.  These health claims are substantiated and documented by medical doctors.  This is the “date” that WE KNOW  the public is being heard once again….It is a date known in all states by all advocates and awareness groups that they have been heard.

Leadership can not assist us unless we assist leadership with our statements of fact in objection, corroborated by their doctors, and the ill-effects they have had since being exposed to the smart meter installation!!

Will you help???  Please respond to us and let us know that you can help and consolidate everyone’s efforts across the USA.. “WE the People, BY the People, and FOR the people.

Please feel free to share this email to other website advocates who can help support this need.  We can’t wait for the abusive deployment, and then try to fix this problem with a band-aid.   NOW IS THE TIME TO STOP IT!

Thank you and Blessings to All,

Dominic & Lillian Cusumano,  (586) 738-5271



February 21st, 2013 – Muskegon Smart Meter Meeting – Standing Room Only!  Ond hundred twenty five people came to hear our program on the dangers of electric “smart meters” currently being installed in Muskegon and Oceana counties by Consumers Energy.

IMG_2570A Our meeting at the Muskegon Community College in Muskegon MI, featured historical overview and privacy presentations by David Sheldon and a very detailed discussion of the radiation and health issues by Diana Ostermann.


Dennis McKee and a colleague were in attendance representing Consumers Energy and made a brief statement following the formal presentations.  The meeting ended with a lively question and answer period with questions both for the speakers and the Consumers representatives.



November 7th, 2012 Update – At the hearing today the judge came very close to dismissing the entire case Detroit Edison had brought against the Addison Township couple for changing their own meter.  She suggested the possibility of a dismissal of the DTE case “without prejudice” that would leave the door open for Detroit Edison to refile its complaint in 6 months if they still felt that other developments (in the MPSC opt-out case) had not resolved the issue.  The DTE attorney would not agree to this plan and the couple did not want a 6 month stay because they have no expectation that the MPSC case is going to resolve this dispute.  In the end the judge decided to give Detroit Edison another month, until December 5th, to come up with a meter that would be acceptable to the couple and to resume normal meter reading practices.  We now think there is a fair chance Detroit Edison will offer to put an analog meter back on the house as an interim solution, in order to avoid the jury trial the couple asked for, until the MPSC completes its opt-out case and enacts an opt-out plan.  The earliest that could happen would be next May, though it could be much later if there is an appeal of the MPSC decision.  If Detroit Edison shows no inclination to compromise then the Court, on December 5th, will likely order the case to proceed to trial.

November 7th, 2012, 10 am – Detroit Edison Smart Meter Case Coming to a Head – On this day there will be what is called a “Motion Hearing” in the case of Detroit Edison versus the couple from Addison Township, in the courtroom of Oakland Circuit Judge Shalina Kumar.   

This hearing will likely determine whether or not the case will proceed to trial next March.   The case was brought by the utility because the couple replaced what DTE is pleased to call a ‘smart meter’  with an analog meter.  This they did because, they maintain, the device was both harmful and illegal, and they had exhausted all other remedies.  At this hearing there will be four motions, three brought by the couple against Detroit Edison, and one by Detroit Edison seeking what amounts to a ‘time-out’ of the entire case.  Here are the motions the judge is expected to hear and rule on:

(1)  Motion for Summary Dismissal – In this one the couple are seeking to have Detroit Edison’s entire case thrown out because, they say, the utility never had any legal authority to install ‘smart meters’ on non consenting customers in the first place.  There was, apparently, nothing in the MPSC approved tariff that ever authorized smart meter installation, nor was there any rule lawfully issued under the Commission’s rule-making authority.

(2) Motion to Allow Counter-Claim – In this one the couple is seeking an injunction against the utility to prevent the latter from terminating electrical service to the home for refusal to accept a ‘smart meter’.  An earlier attempt to bring the counter-claim had been denied for highly technical reasons.  The couple is hopeful that this second attempt will prevail.  So far the utility has refrained from carrying out an earlier threat to disconnect power.

(3) Motion for Protective Order on Discovery – In this one the couple has asked the judge to limit the scope of a deposition to proper subject matter and to impose some conditions on the manner in which the deposition can be taken.

(4) Detroit Edison’s Motion for Stay of Proceedings – In this one the utility is asking the court for a time-out until next May in order that any decision made by the MPSC in the opt-out fee case can be considered, at least in part, as a basis for deciding this case.  The couple will be opposing this stay in the belief that, whatever the outcome in the MPSC case, this case should be decided on its own merits and sooner rather than later.

Persons who would like to follow this case are encouraged to attend the hearing.  We would also welcome comments from our readers in the “Comments” window below.



by Vigilant Dave

August 24th, 2012 – The Michigan Public Service Commission recently opened up a new docket No. U-17053 for the announced purpose of hearing evidence and public comment on Detroit Edison’s proposal to charge fees for opting out of smart meters.  I am seeing a flurry of activity by people who somehow feel they can make a difference by giving up their time to travel to Lansing to express their opinions in this matter.

The Detroit Edison proposal was that those opting out of smart meters would be charged $86 up front plus $15/month indefinitely – or until next year when fees might be still further increased.  Also Detroit Edison has proposed that people opting out and paying these extortionate fees only be allowed a smart meter with the radio turned off.  Nobody is to be allowed to keep or get back their analog meter.  Most of us who have studied these matters consider the Detroit Edison proposal unacceptable.  It is not acceptable to make people pay fees to avoid a known harm to their health or to make them pay fees to exercise their Fourth Amendment rights to privacy.  To add insult to injury the alternative meter still invades privacy and still endangers health by putting dirty electricity on home wiring.

I would remind our readers that we are talking about a state regulatory agency that has already ignored over 400 passionate and, in many cases, very well written pleas that smart meters violate our rights and are unacceptable.  We are talking also of an agency that has brazenly ignored the pleas of 24 city governments, most of whom called upon that agency to at least put a temporary halt on further smart meter installations until a proper investigation could be completed.

We are talking about an agency that refused to halt the installations and that on June 29th, without holding any hearings, issued a staff report saying that health effects are “negligible” despite mountains of evidence to the contrary.  We are talking about an agency that never addressed the privacy threat at all.  We are talking about an agency that concluded that it was appropriate to make people who have already paid to build the smart meter system pay again to get out of it – in direct contradiction to the conclusion reached by Michigan’s Attorney General and quite a number of our state legislators.

Now we are asked to believe that these hearings, beginning with one on September 10th, are being held so that the Commission can hear our views and hear and evaluate real evidence about the opt-out fee question.  I think it is time someone called this agency for what it is.  The agency has already decided that it is going to approve the Detroit Edison fee proposal – either exactly as written, or perhaps with some minor tweaking.  Perhaps they will knock the monthly fees from $15/month down to $12/month.  That way it will appear that they are working for the public.

What is the real purpose of these hearings under Docket U-17053?  The purpose is precisely in order to create an illusion of due process, so that when the Commission ultimately rubber stamps the DTE proposal their decision will not be highly vulnerable to reversal by the Michigan Court of Appeals, as was their decision to allow smart meter costs to be charged to customers.

All that said, it may still be worthwhile for some of us to travel to Lansing and take part in this charade.  The reason would not be based on any realistic hope that MPSC is going to do the right thing.  The reason would be rather that if we are going to appeal the inevitable bad decision they will make, we need to get some evidence into the record.

The way to get evidence into the record is to register as an “intervener”, then call witnesses to the witness stand under oath, examine those witnesses, and cross-examine any witness that is called to support Detroit Edison.  You do not have to be a lawyer to do this, but some courtroom experience is probably going to be necessary to be effective.  To merely “enter an appearance” so you can express your opinion is probably going to be fruitless – unless all you want is a chance to vent.  The MPSC is not interested in your opinion.

If you wish to be an intervener you need to register with MPSC by September 3rd.   The Notice of Hearing specifies that “Any person wishing to intervene and become a party to the case shall electronically file a petition to intervene with this Commission by September 3, 2012. (Interested persons may elect to file using the traditional paper format.) The proof of service shall indicate service upon Detroit Edison’s attorney, Michael J. Solo, Jr., One Energy Plaza, Detroit, Michigan 48226.”

The other point that needs to be made is that when an appeals court sits in review of an MPSC decision it can only consider those kinds of issues that the MPSC itself had jurisdiction to hear.  The MPSC has no jurisdiction to hear Constitutional issues; therefore an appeals court sitting in review of an MPSC decision would also have no jurisdiction to hear Constitutional issues.

Only a judicial branch court hearing the Constitutional issues as an original case, not an appeals case, would have the power to grant us meaningful relief from the violation of our rights.  That is why I am organizing a lawsuit to be heard in a Michigan Circuit Court where we will raise Fourth Amendment and Takings Clause arguments.  I need people to join with me in that effort.  If you are willing to be a plaintiff, please contact me at (248) 604-7545. 



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