Sample Letter to Utility

We do not give legal advice, however, this letter has been used successfully by others to halt installation of smart meters on their property in numerous states. More letter text can be found at stopsmartmeters.org

 

Sent by certified mail (date)

(Your Name)
(Your address)
(City, State, Zip)

New Hampshire Electric Co-Op (“Utility”):
Fred Anderson, President
Earl Hanson, Board Chair
579 Tenney Mountain Highway
Plymouth, NH 03264

 

NOTICE OF NO CONSENT TO TRESPASS AND SURVEILLANCE, NOTICE OF LIABILITY

Dear Utility, agents, officers, employees, contractors and interested parties:

Any and every party intending to install a “smart meter” or any activity-monitoring device at the above location is hereby denied consent for installation and is hereby denied consent for use of all such devices at the above property. Installation and use of any activity-monitoring device is hereby refused and prohibited. Based on the Federal Wiretap Act and the Stored Electronic Communications Act, informed consent is legally required for installation of any surveillance device and any device that will collect and transmit private and personal data to undisclosed and unauthorized parties for undisclosed and unauthorized purposes. Authorization for sharing of personal and private information may only be given by the originator and subject of that information. That authorization is hereby denied and refused with regard to the above property and all its occupants.

The United States Federal Energy Policy Act of 2005 states as follows: the utility shall offer customers a time-based rate; and for customers who request a time-based rate, the utility will provide a time-based smart meter. Therefore, the customer has the right to decide to refuse a smart meter, and the customer should not be challenged on this decision by a utility representative. The customer should not incur any additional charge for this decision nor for maintaining the utility meter presently in operation at the above property. In essence, the smart meter program is truly an “Opt-In” program.

I am opposed to smart meters for the following reasons:

a) In May 2011, the World Health Organization’s International Agency for Research on Cancer (IARC) classified radiofrequency electromagnetic fields (RF-EMF) as a possible human carcinogen (Group 2B) in the same classification as lead, DDT, and chloroform. I do not want additional layers of pulsed radiofrequency electromagnetic fields in my home.

b) Smart meters identify electrical devices inside the home and record when and for how long they are operated, resulting in an invasion of my privacy. Smart meters monitor household activity and occupancy in violation of my right to privacy in my home. According to a February 2012 Congressional Research Service Report entitled Smart Meter: Privacy and Cybersecurity, the Department of Energy reported that by matching data with known appliance load signatures, smart meters will be able to reveal people’s daily schedules, their appliances and electronic equipment, and whether they use certain types of medical equipment. 1

c) Smart meters transmit information-carrying radio waves which can be intercepted by unauthorized and unknown parties. The signals can be used to monitor behavior and occupancy, and they can be used by criminals to aid criminal activity against the occupants. Former CIA Director James Woolsey accounted the wireless security threat at http://www.metacafe.com/watch/4260978/jim_woolsey_grid_security_is_afterthought

d) Data about residents’ daily routines and activities are collected, recorded, and stored in the utility’s databases, which are accessed by parties not authorized by occupants to know and share that private data. Those databases may be handed off to criminals, blackmailers, corrupt law enforcement, private hackers, power company employees, and anyone who may act against the interests of the occupants who are under metered surveillance.

e) Medical research has documented that smart meters can negatively impact health. In April 2012, the American Academy of Environmental Medicine (AAEM) issued a position paper entitled, Electromagnetic and Radiofrequency Fields Effect on Human Health. According to the report, “Multiple studies correlate RF exposure with diseases such as cancer, neurological disease, reproductive disorders, immune dysfunction, and electromagnetic hypersensitivity….. many in vitro, in vivo and epidemiological studies demonstrate that significant harmful biological effects occur from non‐thermal RF exposure…Genetic damage, reproductive defects, cancer, neurological degeneration and nervous system dysfunction, immune system dysfunction, cognitive effects, protein and peptide damage, kidney damage, and developmental effects have all been reported in the peer‐reviewed scientific literature.” In a press release, the AAEM calls for immediate caution regarding smart meter installations due to potentially harmful exposure to pulsed radiofrequency radiation.

f) Dr. Magda Havas, Associate Professor of Environmental & Resource Studies at Trent University in Peterborough, Ontario, Canada has received emails and phone calls from occupants of properties where smart meters were recently installed. They complain of ill health, including new symptoms such as headaches, insomnia, anxiety, skin rashes, tinnitus, heart palpitations, depression, fatigue, and short-term memory loss. Many are unable to use the room closest to the smart meter. At the following link (EMF Safety Network), you can read specific accounts of deteriorating health after smart meters were installed: http://emfsafetynetwork.org/?page_id=229

g) Wireless smart meters continually transmit pulsed digital microwave radiation (RF-EMF) 24/7. According to a report issued by Pacific Gas and Electric Company, some smart meters transmit up to 190,000 pulses per day. 2

h) Smart meters can interfere with arc-fault circuit interrupters and have been the suspected cause of explosions and fires.

i) The required power conversion of smart meters causes harmonic distortion within electrical systems (otherwise known as “dirty electricity”). Dirty electricity has links to cancer.

j) Smart meters cause radiofrequency interference. On November 19, 2011, Portland Press Herald reported that the Maine Public Advocate’s Office issued the following statement, ““Smart Meters are interfering with a wide range of household electronic devices, from garage door openers and WiFi devices to security systems.””

k) Utilities claim that smart meters will cause customers to monitor their electrical usage to conserve more electricity. However, a British study reported on Sept. 2, 2011 that thousands of citizens with a smart meter on their home over the course of one year experienced little to no change in electrical usage. We do not know if energy will be conserved with smart meters, and it is inaccurate to assume that the use of a smart meter causes customers to conserve energy.

Additionally, SB 266 has passed both the senate and the house, and has been signed by the governor, effective immediately (refer to RSA 374.62).

Quotes from SB 266:

“This bill prohibits electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.”

II (a).  “No electric utility that sells or provides electricity within the state of NH shall install a smart meter gateway device on or in a person’s home or business without the written consent of the person or persons who own the home or business.”

(b)   “An electric utility selling or providing electricity shall create a designated signature form that the person or persons who own the home or business must sign to opt-in to having a smart meter gateway device installed on or in his or her home or business.”

The Elster Rex2-EA information states that is was “Developed with technology and communications flexibility in mind, the REX2 platform is both a smart metering endpoint and gateway into the home supporting both 900 MHz and 2.4 GHz Zigbee communications.”

Therefore, any smart meter installation is hereby illegal without the signed consent form. I have not, and will not, give consent for smart meter installation at my property.

Legal Notice:

Any attempt to install any such device directed at me, other occupants, my property or residence will constitute trespass, stalking, wiretapping, unlawful surveillance, and possible endangerment of health and safety—all prohibited and punishable by law through criminal and civil complaints. This is legal notice.

After this delivery, the liabilities listed above may not be denied nor avoided by parties named and implied in this notice. Civil Servant immunities and protections do not apply to the installation of smart meters due to the criminal violations they represent. Notice to principal is notice to agent, and notice to agent is notice to principal. All rights reserved.

Sincerely,

{your name}
{your address}

 

Sources:
1 Murrill, Brandon J., Liu, Edward C., and Thompson, Richard M., Smart Meter Data: Privacy and Cybersecurity, Congressional Research Service, February 3, 2012. Page 4.

2 Ann and Chonda J. Nwamu, Pacific Gas and Electric Law Department, PACIFIC GAS AND ELECTRIC COMPANY’S RESPONSE TO ADMINISTRATIVE LAW JUDGE’S OCTOBER 18, 2011 RULING, DIRECTING IT TO FILE CLARIFYING RADIO FREQUENCY INFORMATION, November 1, 2011, page 5.

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