I. SUMMARY

This decision addresses the application for rehearing of Decision
(D.) 10-12-001 filed by EMF Safety Network ("Network"). In D.10-12-001, we dismissed Network's Application for Modification of D.06-07-027 and D.09-12-001,¹ two prior decisions in which we had approved installation of Smart Meters by Pacific Gas & Electric Company ("PG&E"). Network had sought to modify these decisions to reopen the review of Smart Meters and to consider the issue of health impacts produced by radio frequency ("RF") emissions from Smart Meters.²

Network filed a timely application for rehearing of D.10-12-001. Network challenges our decision on numerous grounds. Network contends: (1) the Commission incorrectly deferred its utility regulation duties to the Federal Communications Commission ("FCC"); (2) the Commission failed to follow prior Commission mandate by allowing PG&E to deploy RF emissions Smart Meters; (3) Smart Meters violate FCC safety regulations; (4) the Commission decision to mandate Smart Meters violates state and local laws; (5) if the Commission accepts PG&E's pre-emption argument, General Order 168 (Consumer Bill of Rights) should apply to Smart Meters; (6) by dismissing Network's application, General Order 159A rules for the construction of mobile radio services facilities are not met; and (7) the Commission has a civic obligation to investigate Smart Meter safety. PG&E filed a Response opposing Network's rehearing application.

We have reviewed each and every allegation set forth in Network's application for rehearing and do not find grounds for granting rehearing. For purposes of clarification, we modify D.10-12-001 as set forth below. Rehearing of D.10-12-001, as modified, is denied.

¹ Application of EMF Safety Network for Modification of D.06-07-027 and D.09-12-001 ("Application for Modification," A.10-04-018, filed April 6, 2010.)

² In its Application for Modification, Network asks the Commission to re-open review of PG&E's Smart Meter program, require PG&E to submit an independently prepared RF Emissions Study; schedule public hearings on RF health, environmental, and safety impacts; review actual Smart Meter program performance; allow customers to opt out of Smart Meter installation; and impose an immediate moratorium on installation of PG&E Smart Meters. (Application for Modification, p. 2.)