2. Background

On March 24, 2011, the Utility Consumers' Action Network (UCAN) filed Application (A.) 11-03-015 seeking modification of Decision (D.) 07-04-043. That decision had approved a settlement between San Diego Gas & Electric Company (SDG&E), the Division of Ratepayer Advocates (DRA) and UCAN concerning SDG&E's proposed Advanced Metering Infrastructure (AMI) Project. UCAN's application requests that D.07-04-043 be modified to order SDG&E to develop a proposal or proposals to provide residential SDG&E customers an alternative to the installation of a digital electric or gas smart meter that transmits customer usage data through radio transmission.1 The offering of such an alternative has been referred to as an "opt-out" option.

UCAN states that its request is based on numerous communications from consumers who have expressed aversion to the installation of wireless smart meters for a variety of reasons including health and privacy. It further notes that Pacific Gas and Electric Company (PG&E) had been directed by Commission President Peevey to submit a proposal that would allow some form of opt-out for PG&E customers who did not wish to have a wireless smart meter based on similar concerns. UCAN maintains that all utility customers should be provided an option to opt-out the installation of a wireless smart meter.

SDG&E filed a timely protest to UCAN's application. DRA filed a timely response. Prehearing conferences were held on May 6, 2011 and July 27, 2011. Finally, a combined workshop to consider opt-out options for SDG&E, PG&E, Southern California Edison Company (SCE) and Southern California Gas Company (SoCalGas) was held on September 14, 2011.

In response to comments made at the workshop, the assigned Commissioner issued a ruling on September 21, 2011 specifying the minimum requirements that SDG&E, PG&E and SCE must follow in response to customer requests to delay the installation of a wireless smart meter.2 Additionally, the assigned Administrative Law Judge (ALJ) issued a ruling on October 18, 2011, seeking clarification concerning the frequency and duration of radio frequency (RF) emissions from wireless smart meters.3

On November 16, 2011, the Commission issued D.11-11-007, which directed SDG&E to file a proposal for Commission consideration that would provide an alternative to customers who do not wish to have a smart meter with wireless radio transmission. SDG&E filed its proposal on November 28, 2011. Pursuant to the assigned ALJ's electronic ruling on December 16, 2011, UCAN, DRA and the Center for Electrosmog Prevention (CEP) filed comments on SDG&E's proposal.4 SDG&E filed reply comments on January 27, 2012.

1 These meters are also referred to as "wireless smart meters."

2 See Assigned Commissioner's Ruling Concerning Customer Requests to Delay Installation of a Smart Meter, issued September 21, 2011.

3 See Administrative Law Judge's Ruling Seeking Clarification, issued October 18, 2011. This ruling also applied to PG&E, SCE and SoCalGas.

4 UCAN and DRA's comments were filed on January 17, 2012. CEP's comments were filed on January 9, 2012.

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