Background
On October 26, 2011, Wilner & Associates (Wilner) filed a complaint. The complaint purports to speak for the class of Pacific Gas and Electric Company (PG&E) customers generally as well as for a sub-class of PG&E customers alleged to suffer from sensitivity to low levels of Electro-Magnetic Field (EMF) radiation. The complaint alleges, among other things, that smart meters produce twice as much EMF radiation per unit as stated by PG&E; that this amount is sufficient to cause illness in customers sensitive to EMF radiation; that PG&E has intentionally misrepresented the dangers of EMF radiation; and other allegations to similar effect. The complaint seeks assorted remedies including financial sanction against PG&E, Underwriters Laboratory certification of the smart meters, etc. Most relevant for this decision is this prayer for relief:
10 (a) An order by the Commission requiring PG&E to install an analog meter for any customer that is concerned about health issues, and does not want a smart meter installed on his or her property. This shall be done at no cost to the customer unless the Commission approves an opt-out fee for this option.
On December 15, 2011, PG&E filed its answer to the complaint together with a motion to dismiss. The answer denies the specific allegations of the complaint. The motion to dismiss points out, among other things, that the issues raised by the complaint overlap the issues in proceeding Application (A.) 11-03-014, the so-called "smarter meter opt-out" proceeding, and it characterizes this proceeding as a prohibited effort to re-litigate those issues in another forum.1 On January 10, 2012, Wilner filed a response to the motion to dismiss contesting the factual allegations and legal arguments made by PG&E therein.2
On February 9, 2012, the Commission issued Decision (D.) 12-02-014 in proceeding A.11-03-014, which directed PG&E to offer all customers the option of exchanging their smart meters for analog meters upon payment of a one-time fee of $75 and a recurring monthly fee of $10.
1 Pacific Gas and Electric Company's Motion to Dismiss Wilner & Associates Case 11-10-028 dated December 11, 2011.
2 Wilner & Associates Response to Pacific Gas and Electric Company's Motion to Dismiss Complaint dated January 10, 2012.
