Challenge A Smart Meter Mandate

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Depending on your state, it may be possible to opt out of having a smart meter on your home or other private property. Individuals and communities may also use legal and policy grounds to fight smart meters.

STEP 1
Find Out If An Opt-Out Is Available

An "opt-out" for a smart meter allows consumers to choose not to have a smart meter installed at their property and to continue using a traditional analog or non-communicating digital meter instead. Opt-out laws for smart meters vary by state, with some states offering opt-out programs and others not. The status of these laws may change over time due to legislative updates or regulatory changes.

Take advantage of any opportunities that are available to opt out, pay fees, or utilize other options.

According to the National Conference of State Legislatures, the State Smart Meter Opt-Out Policies are as follows (As of August 20, 2019):

  • Opt-out programs vary among participating utilities. One-time fees range from $38 to $50, while monthly charges range from $5 to $26. At least one utility company prohibits solar customers from opting out while allowing other customers to take part in the program.

  • Standardized opt-out fees were implemented by the Public Utilities Commission for all the state’s IOUs. The fees consist of a $75 one-time fee and a $10 monthly charge, which is limited to three years. For qualifying low-income customers, these opt-out costs are reduced to a $10 one-time fee and a $5 monthly charge.

  • Utilities can choose whether to allow opt outs. However, if a utility company wishes to impose additional opt-out charges, it must receive approval from the Public Service Commission. The Commission has approved several opt-out plans, with one-time fees ranging from $89 to $96 and monthly charges ranging from $13 to $21.

  • The Public Service Commission leaves the decision to offer opt-out programs up to the discretion of the utility companies, but any associated fees or charges must first receive Commission approval. The Commission has approved at least one opt-out program with a $19 monthly charge.

  • Most IOUs allow customers to opt out at an additional cost, which typically consists of a one-time fee around $50 and a monthly charge of $15.30 or less. The Hawaii Electric Light Company began offering an opt-in plan in 2017.

  • In February 2019, the Iowa Utilities Board ruled that Interstate Power and Light’s residential customers must be allowed to opt out of smart meter installation at no extra charge, keep their analog meters until the meters need replacement, and receive non-transmitting digital AMI options upon request. The ruling does not preclude the company or any other utility providers from submitting opt-out fee proposals for the board to review in future rate cases.

  • The Illinois Commerce Commission currently allows Ameren and Commonwealth Edison customers to opt out for a roughly $20 monthly charge. However, the Commission ruled that Commonwealth Edison’s opt-out and deferral program will end in 2022, at which point the utility’s customers will be required to have smart meters installed in their homes.

  • The Indiana Utility Regulatory Commission has approved an opt-out program with a $75 one-time fee and a $17.50 monthly charge. The one-time fee is waived if customers notify the utility company of their intent to opt out prior to installation.

  • The Public Service Commission approves opt-out programs on a case-by-case basis, though the Commission has stated its general opposition to these programs in the past. The Commission has approved an opt-out program consisting of a $100 one-time fee and a $25 monthly charge. Customers notifying the utility company of their decision to opt out prior to installation can have the one-time fee waived.

  • The Public Service Commission has approved an opt-out program for Entergy Louisiana. Customers choosing to opt out pay a $14.35 monthly charge, with an additional $12.42 monthly charge levied against ratepayers in New Orleans.

  • Following the passage of Maine Rev. Stat. 35 §3143, which provided for the deployment of smart meters, the Public Utilities Commission ordered utility companies to offer opt-out provisions for customers. The opt-out programs are standardized across all IOUs and include three options for customers electing not to have smart meters installed in their homes:

    1. A $40 one-time fee and $15.66 monthly charge to retain an analog meter;

    2. A $20 one-time fee and $13.98 monthly charge to install a smart meter with the two-way transmitter turned off;

    3. Ratepayer-covered installation fees for smart meters requested to be installed off-site.

  • In 2013, the Public Service Commission ruled that utility companies must offer opt-out provisions. The Commission established a standardized $75 one-time fee and authorized monthly fees ranging from $11 to $17 depending on the utility.

  • The Public Utility Commission directed all electric distribution companies in the state that plan to install smart meters to present opt-out program proposals for the Commission’s approval. The proposals would need to detail any associated opt-out fees as well as the utility’s plans for implementing a customer communication program.

    The Public Service Commission has approved opt-out programs with one-time fees between $67 and $124, and monthly charges of around $9.80. One utility offers a reduced one-time fee for customers who give notice of their decision to opt out prior to installation.

  • The Public Service Commission has approved opt-out programs with one-time fees between $67 and $124, and monthly charges of around $9.80. One utility offers a reduced one-time fee for customers who give notice of their decision to opt out prior to installation.

  • New Hampshire Rev. Stat § 374:62 establishes an opt-in policy, requiring utility companies to obtain written consent from home- or business-owners prior to installation. There is no fee assessed on customers who choose to keep their analog meters.

  • At least one opt-out program is in effect, with a $150 one-time fee and a $45 monthly charge.

  • The Public Utilities Commission has approved one opt-out program, which includes a $52 one-time fee for reinstalling an analog meter and a $9 monthly charge.

  • The Board of Public Utilities approved an opt-out program offered by Rockland Electric Co., which includes a $45 one-time smart meter removal fee and a $15 monthly charge.

  • The New York Public Service Commission allows utilities to decide whether to implement opt-out programs with any associated fees, subject to Commission approval. The Commission approved an opt-out program for Commonwealth Edison customers, consisting of a one-time fee around $105 and a $9.50 monthly charge.

  • The Public Utilities Commission authorized an opt-out program which includes a $150 one-time fee and an $11.75 monthly charge. In June 2018, the Commission ruled to waive these fees for customers with notarized doctors’ notes confirming health issues related to the smart meter technology.

  • The Public Service Commission approved an opt-out program consisting of a $110 one-time fee and a $28 monthly charge.

  • Ohio Administrative Code 4901:1-10-05 (J) requires that utility companies offer opt-out programs and includes a process for how utilities may assess any associated fees.

  • Some utility companies offer opt-out programs with associated service fees. The Public Service Commission implemented a new standard of tri-annual meter reads, resulting in a $9 monthly charge for customers electing to opt out of smart meter installation.

  • Act 129 of 2008 requires the largest utility companies in the state to deploy smart meters across their entire service territories and does not permit customers from opting out of installation.

  • The Public Utilities Commission has approved an opt-out program including a $27 one-time fee and a $13 monthly charge.

  • The Public Service Commission approved an opt-out program that required participating customers to pay a $150 one-time fee along with an $11.75 monthly charge. The utility’s program went into effect in November 2017.

  • In 2013, the Public Utilities commission adopted the Non-Standard Metering Service Rule, which authorized opt-out programs and associated fees. The fees vary by utility.

    (customers can request 2-way transmission be turned off)

  • State statute (30 V.S.A. § 2811 (b)) requires that utility companies give customers written notice prior to installation and allow customers to remove an existing smart meter or opt out at no

  • The Utilities and Transportation Commission issued a policy and interpretive statement in 2018 regarding customer choice for smart meter installation, indicating its preference that utility companies offer opt-out programs. However, the statement is a non-binding, unenforceable rule, leaving the decision on whether to offer programs up to individual utilities. The Commission has approved various opt-out programs, with one-time fees ranging from $50 to $90 and monthly and bimonthly charges ranging from $5 to $15, respectively. The monthly charges can be waived for income-qualified customers.

  • While no opt-out programs are currently offered, any utilities wishing to implement an opt-out program for a fee in the future must first receive approval from the Public Service Commission.

  • The Public Service Commission considers smart meter opt-out programs on a case-by-case basis

STEP 2
Hire A Lawyer

There are several potential legal grounds on which communities may oppose the installation of smart meters. These legal grounds may vary depending on the specific circumstances, jurisdictional laws, and regulatory frameworks. You may want to consider consulting with legal experts or advocacy organizations experienced in utility-related issues for guidance and support.

EMS Accommodations

If you have Electromagnetic Sensitivity (EMS), the most effective way to take legal action against your utility company is to seek an accommodation under the Americans with Disabilities Act (ADA Act). A disability rights attorney in your area will be best positioned to assist you.

Under ADA law, the disabled person cannot be forced to bear the cost of the accommodation. Regarding smart meters, this means that a person with an EMS disability should not be forced to pay monthly administration fees to the utility company because smart meters are not the service being rendered; they are merely the means to access the electric utility service. Roughly analogous to this is forcing a person in a wheelchair to pay to use an elevator to enter a restaurant since he or she cannot use the escalator that is provided to everyone else for free.

STEP 3
Advocate For Policy Change

Advocate for changes in utility policies, regulations, or legislation that address concerns about smart and digital utility meters. Encourage elected officials, regulatory agencies and industry stakeholders to adopt measures such as opt-out provisions, privacy safeguards, or stricter regulatory oversight of utility metering programs. Ask your legislators for a policy that gives consumers the right to decline smart utility meter installation, and require that a smart or digital utility meter be replaced with an analog meter at any time and with no fee.