October 6, 2016
Substituting his own words for those of the SMUD Board of Directors, Sacramento County Superior Court judge David I Brown dismissed Mark Graham’s lawsuit on Thursday.
You can download copies of key documents from the lawsuit from this page. The are the judge’s orders dismissing the case, the Plaintiff’s and the Defendants’ Memorandum of Points and Authorities, the Defendants’ Reply to the Plaintiff’s memorandum, Resolution 07-08-10 and Attachment E to Resolution 07-08-10:
Customer sues SMUD over smart meter opt out charges:
wanted to avoid microwave and RF radiation from SMUD smart electric meters
Sacramento – January 12, 2016
SMUD customer owner Mark Graham filed suit in Sacramento County Superior Court Friday to recoup charges he paid for switching from a smart electric meter to an analog electric meter. The suit alleges that the smart meter program was never approved by the Board of Directors and therefore customers who never “opted in” to having a smart meter should not be charged extra to “opt out”.
Plaintiff filed a claim against SMUD last year using the Government Claims Act and said that SMUD should not have charged him $127 for a new analog meter plus $14 per month to read the meter because the Board of Directors never authorized SMUD to install a smart meter on his house.
“The Board approved an ‘opt in’ smart meter policy in August, 2007. I never opted in and never requested a time-based rate. How can they charge me ‘opt out’ charges when I never opted in?” Graham asked.
The only resolution the Board approved authorizing electric meter replacement, Resolution 07-08-10 and Attachment E, said that “each customer requesting a time-based rate” was to be provided with a time-based meter, a smart meter. The Board quoted from the Time-Based Metering and Communication Standard found in the Energy Policy Act of 2005, section 1252.
“The Board approved one policy and management implemented another, disregarding the Board and eliminating the customer’s choice” says Graham. “That is a violation of the Municipal Utility District Act and Board policies regarding the Board’s relationship to management.”
The Board of Directors has the sole authority in Sections 11883-11885 to make policy decisions for SMUD. Apparently SMUD management led by CEO and GM John DiStasio made their own decision to remove and replace all 620,000 customers’ analog meters with smart meters.
Smart meters are biologically experimental and transmit hazardous microwave and radio frequency (RF) radiation 13,381 times per day on average and up to 240,000 times per day according to SMUD. Hundreds of published peer reviewed scientific studies have found that wireless radiation causes a wide range of adverse health impacts even at radiation levels thousands of times lower than smart meters, cell phones and other wireless devices transmit.
In May, 2015 190 scientists from 39 countries signed the EMF Scientist International Appeal, calling on the World Health Organization, the United Nations and its member states to make wireless radiation exposure limits much stronger so as to protect public health.
In 2012 29 authors from ten countries published the BioInitiative 2012 Report, an update covering about 1,800 new studies reporting bioeffects and adverse health effects of electromagnetic fields (powerlines, electrical wiring, appliances and hand-held devices) – and wireless technologies (cell and cordless phones, cell towers, WI-FI, wireless laptops, wireless routers, baby monitors, surveillance systems, wireless utility meters (‘smart meters’), etc.
On December 7, 2014 the California Medical Association, representing 40,000 California doctors, approved a resolution stating that scientific research clearly shows that wireless radiation is harmful to human health and calling for a re-evaluation of current policies and practices regarding wireless radiation exposure.
SMUD removed and replaced all customers’ analog meters between late 2009 and early 2011, part of a $360 million program. Many SMUD customers began to experience headaches, tinnitus (ringing in the ears), insomnia, brain fog and other health effects after SMUD installed smart meters on their homes. About two dozen SMUD customers have delivered sworn declarations of their health impacts from smart meters to the SMUD Board.
In March 2012 the Board created an “opt out” policy which allowed SMUD customers living in single family homes to exchange their smart meter for a non-transmitting digital meter. The charges were $127 for the meter plus $39 per month, which deterred many customers. In March 2013 the Board amended the opt out policy to allow customers to receive an analog meter and lowered the monthly fee to $14.
By comparison PG&E customers are allowed to opt out and pay $75 for the new analog meter plus $10 per month, but only have to pay the $10 for 36 months. PG&E puts a notice on page 1 of the bill to inform its customers that they can opt out. PG&E also has a drawing
To this date SMUD has not notified its customers that they can have their smart meter removed and have an analog meter installed. Graham has repeatedly asked SMUD to notify customers.
The case number is 2016-00188891.
For more information about SMUD’s smart meters and policies: http://www.sacsmartmeters.org/
Graham is a member of Sacramento Smart Meter Awareness. He has spoken at dozens of SMUD Board meetings, presented scientific research on wireless radiation, and delivered proposals on the hazards of and ways to reduce the customer’s exposure to microwave radiation.
Sacramento Smart Meter Awareness, founded and led by its Director Eric Windheim, has been working since June 6, 2012 to raise awareness about the risks of smart meter and other wireless radiation, how people can reduce their exposure, and make SMUD policies on analog meters and smart meters less hazardous and more responsive to customer needs.