Sedona Smart Meter Awareness - Keeping Sedona Safe One Home & One Business at a Time
The Law

At the Federal level, according to The Energy Policy Act of 2005, Section 1252, a congressional act, "smart meters", electric utilities shall provide such meters to those customers who request them. Therefore, people should have to "opt in" to “smart” meters. People who do not want them should not have to "opt out."

If there was a mandate it would be between the Utilities and Federal Regulators and cannot include a non-contracted third party, the consumer. It violates the Federal Wiretapping Laws and clearly builds databases for sale of private information of power usages with the electrical signature of every appliance and time use in the home.

Arizona Revised Statutes and Arizona Administrative Code have been ignored and violated by both the ACC and APS, including:
 
            A.R.S. 40-361.B – Every public service corporation shall furnish and maintain such service, equipment and facilities as will promote the safety, health, comfort and convenience of its patrons, employees and the public, and as will be in all respects adequate, efficient and reasonable.

            A.R.S. 40-321.A– When the commission finds that the equipment, appliances, facilities or service of any public service corporation, or the methods of manufacture, distribution, transmission, storage or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the commission shall determine what is just, reasonable, safe, proper, adequate or sufficient, and shall enforce its determination by order or regulation.
 
            A.R.S. 40-202.C.1– Protect the public against deceptive, unfair and abusive business practices, practices related to deposit requirements and reconnection fees, intrusive and abusive marketing, deceptive or untrue advertising practices and practices prohibited under subsection H of this section.
 
            A.A.C. R14-3-107.A- Filing and service of formal documents-Formal documents. An original and three legible copies of all formal documents shall be filed with the Commission. One copy shall be served on any person who is already a party to the proceeding. In addition, the Commission may direct that a copy of any such documents shall be made available by the party filing same to any person whom the Commission may specify.

             A.A.C. R14-2-209.A.1– Each utility, billing entity, or Meter Reading Service Provider may at its discretion allow for customer reading of meters.

 Additionally, "smart" meters violate the 4th and 5th Amendments to the U.S. Constitution as well as state wiretapping laws.

Federal - 4th Amendment U.S. Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Federal - 5th Amendment U.S. Constitution:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
.
More Details:
 
Preceding the ENERGY POLICY ACT OF 2005, the 1996 Telecommunications Act removed local control over placement (e.g., in situ) of cell towers.


In 2009, Columbia University’s Law School hosted “Wireless Hazards Conference in 2009,” with Camilla Rees, founder of www.ElectromagneticHealth.org; attorney Whitney North Seymour, Jr., a co-founder of the Natural Resources Defense Council, and Martin Blank, PhD, of the Dept. of Physiology and Cellular Biophysics at Columbia University, a widely published scientist in this field.  It examines the issues raised by  'smart' meters.



LAWSUITS & OTHER GROUPS


From Andre Fauteux,Editor
La Maison du 21e siècle magazine
2955 Domaine-lac-Lucerne
Ste-Adèle (Qc) Canada J8B 3K9

For a complete listing of all known smart meter lawsuits, please email: smlawsuits@gmail.com with updates or info on new suits. Thank you so much to Stopsmartmeters.org and the Emf Safety Network

Excerpt from the Smart Meter Lawsuits website:

Links on how to file your own lawsuits or complaint:

Latest Updates:

Another Hawaii case won! 7/26 Engineer and Smart Meter Project Manager FIRED for his opinion that Smart Meters were not safe 7/21

Court cases won in Portland,Maine and Hawaii!!! 7/16

PG&E Execs caught spying! 7/16

CASES WON!!!!

HEALTH –Southern California Edison
Plantiff claimed negative health effects after smart meter was installed
(Legal Documents).\SUCCESS!!! The judge ordered the Utilities company pay for health damages or remove the meter!
.SNIP

NEWS FLASH! Also see:
More recent news on smart meter challenges

Customers Sue Edison and PG&E Over Health Effects from Smart meters/Smart grid (May 31 2013)

Class action lawsuit filed against BC Hydro smart meters (July 26 2013)

BC CENTRE FOR DISEASE CONTROL REPORT POINTS TO DAMAGING HEALTH EFFECTS FROM WIRELESS DEVICES (July 15 2013)




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