Marti Oakley (c)copyright 2011 All Rights Reserved

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The recent California Public Utilities Commission (CPUC) public meeting in which one resident was told he could have his analog meter re-installed and the SMART Meter removed has resulted in CPUC saying that they would render a ruling on “allowing” citizens to opt out of the system of by 2012.  The idea that CPUC continues to misrepresent their authority and that of PG&E is astounding.  The thought that the California legislature and its governor sit idly by, silent, while this travesty takes place against the citizens of their state, is downright disgusting. 

Neither CPUC nor PG&E has the right or the authority to violate private property and the rights associated with that, not to mention the assault and violation of the individuals in their persons or bodies.  Neither do either of these corporations have the right to summarily and arbitrarily subject the citizenry to the provisions of a private contract they were not party to, and to force them to surrender or submit to what is in fact, a specifically designed military weapon( Bioeffects of selected non-lethal weapons pdf.) that can cause massive harm to the public.

Both CPUC and PG&E are operating under contract law.  There are several points that must be adhered to under this system.

  • All contracts must be in-kind.  Meaning corporation to corporation, or people to people, etc..
  • Must have “wet-ink” signatures.  This means assumed signatures or copies of signatures are not recognized as valid.
  • Equal consideration must be given to all parties.
  • There must be full disclosure.
  • Cannot be unconscionable or deceptive. 

As anyone can clearly see, CPUC and PG&E have met none of these conditions yet both are implying that because THEY entered into a private contract with one another,:

  • The public is somehow subject to the terms of a contract that was unrevealed to them,
  • Did not contain their wet ink signature in agreement,
  • There was NO consideration provided to the public
  • There was NO disclosure of the terms of the contract and what it contained, and,
  • The act of arbitrarily installing these harmful meters is an unconscionable act that was committed by way of deception. 

To add insult to what is clearly an injury, CPUC is considering the application of Commission sanctioned extortion by indicating their ruling would most likely include an extortive fee for replacing the SMART meter the customer didn’t want to begin with, and by extorting the customer further by attaching an inflated fee for the monthly meter reading.  This is not only extortion but also coercion and duress. 

The SMART meter system is strictly voluntary.  This is an “opt-in” system NOT an “opt-out” system.  The meters were to be offered to customers to accept or reject, or, the customer had to request the meters.  Arbitrarily installing a SMART Meter, particularly when neither of these requirements have been met and doing so above the objections of the property owner or renter, is a violation of the PERPA regulations.  It is also a blatant misrepresentation of authority by both CPUC and PG&E.  

There is NO FEDERAL MANDATE for SMART Meters.  There is no law forcing the implementation of this critically harmful metering system that is intended only to monitor in-home activity while attaching energy rates to a wildly fluctuating market.  These meters are a clear and present danger wherever they are installed. 

In what has clearly been a disinformation campaign wherein CPUC and PG&E have knowingly misrepresented not only their authority, but also the actual authority they have regarding private property saying that because they entered into a contract with each other, they have the right of easement onto property not owned or controlled by either of them.  The easement they refer to extends only to your property line, but does not include the right to trespass your property.  CPUC does not have the authority to grant a third party access to your property. 

No one is disputing CPUC’s authority to contract with whomever it pleases. What is disputed is CPUC contracting with PG&E and then foisting the provisions of this private, unrevealed contract onto the public.  Clearly the California legislature did not intend for private contracts struck by CPUC to be used arbitrarily against the citizens, nor was their intent to enable a system of spying and endangerment of public health.  But you don’t hear a peep out of those elected officials who helped make all this possible, even if it is only by remaining silent and refusing to protect the public from a predatory system that is a threat to the public health and well being.

SMART meters of any kind were the creation of the mad scientists at Ft.Meade and clearly are intended for eventual use as a population control device as evidenced by their own testimony: 

Bio-effects of selected non-lethal weapons

Army report from Ft.Meade  2006 science… RF radio waves are variable … can cause giddiness to nausea, to loss of consciousness …   to “disruption of working memory” and to ” cause “sensation of buzzing, ticking, hissing or knocking sounds that originate within or immediately behind the head.”

Page 12  … “It is anticipated that 100% of the population would be susceptible. The mechanism is one that could act on many individual neuronal cells concurrently and hence does not depend on spreading regions of electrical activity as in the disease state.”  

Page 13 … “Because this technology is considered to be tunable, the influence on subjects could vary from mild disruption of concentration to muscle spasms and loss of consciousness.”

Page 15 … “the perception of sickness may make a subject susceptible to persuasion”.

How any one could read this report on what eventually came to be SMART meters and conclude that anyone in their right mind would want one of these lethal meters attached to their homes or businesses, is incomprehensible.  Most likely this is why there has been so much deception, trickery, misrepresentation and disinformation put out by both the various utility commissions and the infamous corporations they contract with.

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http://refusesmartmeter.com/Bioeffects_of_Selected_Non-Lethal_Weapons.pdf 

Contracts                                                                            http://bizlaw0.tripod.com/id4.html 

Federal Energy Regulatory   Commission     (FERC)                                                                          
http://www.ferc.gov/legal/fed-sta/ene-pol-act.asp             
http://www.ferc.gov/industries/electric/indus-act/smart-grid.asphttp://www.ferc.gov/industries/electric/indus-act/smart-grid/eisa.pdf                                                                                                                              
Federal metering requirements (Applies ONLY to federal buildings and [federal] housing) and include NO specific guidance of what to measure (i.e., kW, KVA, PF, Voltage, etc.)
PURPA Section 532 
http://www.seiec.com/Purpa%20II%20integrated%20resource%20planning.html
Estimated Budget Effects Of The Revenue Provisions Contained In Titles I. And XV. Of H.R. 6, The “Clean Renewable Energy And Conservation Tax Act Of 2007,” As Passed By The House Of Representatives On December 6, 2007 http://www.jct.gov/publications.html?func=startdown&id=1352
Tax provisions written into both the 2005 and 2007 bills.  
 http://jct.gov/publications.html?func=startdown&id=1353
Economic Stabilization Act of 2008
 http://www.house.gov/apps/list/press/financialsvcs_dem/press092808.shtml
Department of Energy  funding from Stimulus package
 http://www.kema.com/services/consulting/utility-future/smart-grid/follow-the-money-stimulus-funding-begins-to-flow-into-smart-grid-section.aspx
Federal funding for metering federal buildings and federal housing
http://www.govenergy.com/2009/pdfs/presentations/Energy101-Session05/Energy101-Session05-Chvala_William.pdf
An Energy Tax Package http://www.house.gov/apps/list/press/financialsvcs_dem/press092808.shtml
Federal Meeting Requirements
http://www.govenergy.com/2009/pdfs/presentations/Energy101-Session05/Energy101-Session05-Chvala_William.pdf 
Demand Response and SMART METERING Policy Actions since the Energy Policy Act of 2005. A summary for State Officials http://www.scribd.com/doc/43043654/US-Smart-Meters-Regulations-Policy-Makers-Guide 
What are “advanced meters?http://www.govenergy.com/2009/pdfs/presentations/Energy101-Session05/Energy101-Session05-Chvala_William.pdf
National Institutes of Standards and Technology            http://www.nist.gov/smartgrid/
US-S Smart Meters Regulations Policy Makers Guide http://www.scribd.com/doc/43043654/US-Smart-Meters-Regulations-Policy-Makers-Guide
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