Janice Cookston
WeTexans.com Archives
originally https:/?s=we+texans+archives
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UPDATE: (08/22/2012)
The Texas Public Utility Commission held a public forum for “Project #40190:Relating to Advanced Metering Issues” yesterday (August 21, 2012) to hear both invited and public testimony on the possibility of creating a smart meter opt-out provision for Texans. I gave the following testimony during the hearing outlining our proposal for creating the opt-out:
As was made clear by Rep. Bonnen’s letter to Chairman Nelson dated February 10, 2012:
“[The law] did not create a mandate for smart meter installation [and]…providers are acting beyond the purview of [the law] by forcing smart meters on customers.” It is clear that PUC rules have been written contrary to the law and it’s intent and “necessary rule changes should be adopted expeditiously to effectuate [the] intent of [the law.]”
We stand in agreement with Rep. Bonnen and “urge the commission to correct this oversight by providing a simple customer-friendly process for opting-out of advance metering technology.” We believe this opt-out should take effect immediately upon the institution of the rule change. After extensive research by our organization on the opt-out procedures now available to consumers in six other states, we would like to present the following recommendations regarding the provisions that should be included in a well-crafted and thorough opt-out mechanism:
The first action of opt-out creation should be written notice given to ALL retail electric consumers, not just those who are yet to have smart meters in stalled on their property, regarding the creation of the opt-out provision and details on their entitlement to participate. This notice should be required to indicate that the smart meter will use radio or other wireless means for two-way communication between the meter and the company and inform the customer of their rights to choose to not have a wireless meter installed for any reason or for no reason.
Eighteen other states have proposed or implemented opt-out mechanisms which include half a dozen alternatives for customers not wishing to utilize smart metering technology , however, we believe offering multiple options for opt-out customers has the potential to become cumbersome and unnecessarily costly. Therefore, we recommend a PUC rule change to require at least a single option opt-out with the TDU having preference of replacing a smart meter with either an analogue or digital non-communicating meter. However, a TDU should not be restricted as to how many options they may provide in their opt-out program, for instance, additional options may include relocation of a smart meter to a customer-specified location on their property.
Considering property rights have already been violated and consumer choice already abused, participation in this opt-out provision should be as simple and easy as possible in order to offer proper and promptremedy. Mechanisms for signing up for the opt-out program should include one or more of the following options:
- return postcard or letter – may be included in initial written notice of opt-out creation
- online form – link to be displayed prominently on the home page of the PUC website and sites of all TDUs
- phone – a dedicated phone number for opting out should be created and maintained indefinitely
- in person – at any local TDU office
To insure consumer protection and to guard property rights, this opt-out program should have no deadline and never expire.
We recommend the Commission review the opt-out provisions of the state of Vermont which:
“allow[s] customer[s] to choose to not have a wireless smart meter installed, at no additional monthly or other charge and allows a customer to require removal of a previously installed wireless smart meter …without incurring any charge for such removal.”
We favor Vermont’s opt-out initiative and therefore, recommend, because this product was forced upon unwilling Texans, that there be no cost for removal of a previously-installed smart meter for opt-out customers. Additionally, considering the industry’s assertion that there will be consumer savings associated with the use of smart metering technology it seems more appropriate that smart meter customers be offered a monthly discount on their bill as opposed to charging opt-out customers an additional monthly fee to not utilize the technology. If manual meter reading truly will increase in cost now that its efficiency has been reduced due to the implementation of smart meters, we encourage REPs to consider offering a customer a self-read option with periodic “true-up” readings by the provider to alleviate the need for a monthly fee for opt-out customers. There should also, be no “exit fees” required once an opt-out customer vacates a property. The cost of utilizing smart metering technology should fall on the new consumer occupying the space should they wish to utilize a smart meter.
Lastly, we recommend that a thoroughly crafted opt-out program should stipulate that the choice of participating in the opt-out program would lie with the bill payer, who may or may not be the property owner, in order to offer remedy for apartment dwellers and other various tenant and rental situations. The opt-out should be made available to residential and commercial consumers alike.
We stand with Rep. Simpson in his letter to the Chairwoman dated March 13, 2012: “ The issue of consumer choice is one of liberty…[we] do not have to agree with someone’s decision to recognize his or her right to make it.” Let’s follow Vermont’s lead. An opt-out can be created without raising costs for Texans, after all they did not ask for the smart meters. We believe in an opt-out for customers. We hope that whatever rule changes the Commission makes, they will be in keeping with the permissive intent of the legislature and in the best interest of the Texas consumer.
For a summary of the meeting proceedings please see At PUC Hearing, a Push for Smart Meter Opt-Out Plan by the Texas Tribune or you can watch the full video formerly http://www.house.state.tx.us/fx/av/capitol-events/12082110PPFAM.ram of the forum online. A PDF copy of the above testimony can be downloaded here.
UPDATE: (03/23/2012)
Since our original posting the Public Utilities Commission has opened a project case on this issue entitled “PUC Proceeding to evaluate the feasibility of instituting a smart meter opt-out program.” This is the first step in the Commission considering implementing an opt-out program for smart metering technology in Texas. It is through the work of organizations like our own, comments and complaints from Texas consumers like you and also letters from State Representatives that the Commission is responding to consumer demand.
One of the more powerful letters on the issue addressed to Chairman Nelson of the PUC came from Rep. Dennis Bonnen. (You can read the full text of his letter here.) Rep. Bonnen was the original author of the legislation that addressed smart meter implementation in Texas and he made it very clear that mandatory installation of the meters was never his intent. He states in his letter:
“I urge the commission to correct this oversight by providing a simple, customer-friendly process for opting-out of the advanced metering technology… I ask that any necessary rule changes be adopted expeditiously to effectuate my intent, so that additional legislative action is not required. I stand committed to ensuring that this issue is addressed.”
We applaud Rep. Bonnen for his strong stand on the issue and encourage other state legislators to do the same.
To help obtain an opt-out provision for smart meters in Texas you can get involved by doing the following:
- Call your state representative and state senator about this issue and ask them to work to provide an opt out provision. Ask them to sign the letter to the PUC and mail that letter to the address below.
- Call the PUC at 888-782-8477 to let them know you’d like to see an opt out provision. Mention that your comments are in regards to Docket#: 40190 and the PUC will make note of the fact that you called and requested an opt-out provision.
- Send your comments stating you believe there should be an opt out provision and encouraging the PUC to revise their rules to accommodate said provision in a letter to:
PUC Central Records
Attn: Filing Clerk
re: Docket #40190
P O Box 13326
Austin, Tx 78711-3326
The Public Utilities Commission is cataloging all comments and requests regarding this project online. You can track the progress of this issue by viewing digital copies of all comments and requests received by the PUC for Docket#40190 here.
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ORIGINAL POST: (02/15/2012)
Over the past few months, we’ve heard varied and great concern about the installation of smart electricity meters across Texas. And, there’s been an uprising across the country as citizens voice numerous objections to the devices. Concerns range from health and safety to privacy issues. In Texas, it is the Public Utility Commission (PUC) which regulates the electricity industry. The PUC has written the rule requiring participating electric distributors to implement this new technology across their service area. As the rules currently stand, the PUC has not provided a mechanism that would allow consumers to opt out of smart meter installation on their property. We believe, however, from a review of the legislation from which the PUC rules are derived, that the legislature’s intent was permissive and not mandatory in nature. We further believe therefore that an opt out measure should be made available to Texas consumers.
We have been working to address this concern administratively. We are leading an effort to have the PUC revise rules which mandate the installation of an advanced (smart) meter electric grid in Texas. We have spent countless hours researching the original legislation, reviewing archived committee hearings’ video, calling legislators and meeting with them in person in Austin to discuss this issue. We have identified several legislators who may be willing to facilitate a rule review with the PUC. Last week, we sent a letter to several members of the state legislature outlining for them our research into original legislative intent and asking them to sign a letter to the PUC requesting that the commission revisit their mandatory rules for compliance and create an opt out provision.
Our goal is to have an opt out measure incorporated into the rules without requiring any change in the current law. If it is determined that a legislative change is necessary, Texans will have to wait until 2013 to seek a solution.
If you would like to help with this effort, you can:
- Call your state representative and state senator about this issue and ask them to work to provide an opt out provision
- Print and fax or email a copy of the letter to your legislator. Ask them to sign the letter to the PUC and forward that signed letter to us at contact@WeTexans.com or via fax to 979-532-5481.
- Call the PUC at 888-782-8477 to let them know you’d like to see an opt out provision.
