III. CONCLUSION

For the purpose of clarification, we modify D.10-12-001 for the reasons discussed above. Good cause does not exist for the granting of Network's application for rehearing. Therefore, we deny rehearing of D.10-12-001, as modified.

THEREFORE, IT IS ORDERED that:

1. D.10-12-001 is modified as follows:

a. The title is modified to read:

DECISION DENYING EMF SAFETY NETWORK'S APPLICATION FOR MODIFICATION OF DECISIONS
(D.) 06-07-027 AND D.09-03-026

b. The first sentence of the first paragraph on page 1 is modified to read:

This decision denies the application of the EMF Safety Network for modification of Decision (D.) 06-07-027 and D.09-03-026 as the evidence does not support re-opening review of Smart Meters.

c. The second sentence of the first paragraph on page 1 is modified to read:

The radio frequency (RF) emissions from Smart Meters that the EMF Safety Network wishes the Commission to investigate are one /six thousandth of the Federal exposure limits at a distance of 10 feet from the Smart Meter and far below the RF emissions of many commonly used devices.

d. The first sentence of the first paragraph of the Discussion section on page 9 is modified to read:

We find that it is reasonable to deny Network's application concerning all matters relating to the use of RF transmission by Smart Meters.

e. The first sentence of the third paragraph of the Discussion section on page 9 is modified to read:

The FCC's RF exposure limits are developed and updated from time to time with input from independent professional sources, such as the United States Environmental Protection Agency and World Health Organization.

f. The last sentence starting on page 10 and continuing to page 11 is modified to read:

The Commission generally does not delve into technical matters which fall within the expertise of another agency. In this case we look to the FCC for guidance since the FCC possesses extensive expertise on its staff for evaluating and licensing or certifying Smart Meter devices that operate via the use of wireless technology.

g. The first full sentence on page 11 is modified to read:

We therefore deny Network's application as the evidence does not support re-opening review for the purposes of modifying D.06-07-027 and D.09-12-001.

h. The second and third sentences of the second full paragraph on page 12 are modified to read:

The Smart Meters meet guidelines adopted to control EMF emissions, not health standards. The emissions limits, however, are adopted by the FCC based on a consideration of many factors, including health concerns [footnote omitted]. Despite this minor revision, the basic findings remain incontrovertible - PG&E's Smart Meters comply with relevant FCC guidelines and that emissions are far below those from other devices in common use, such as baby monitors, cell phones, garage door openers, wi-fi access points, and laptop computers with wi-fi transmitters [footnote omitted].

i. Conclusion of Law 2 is modified to read:

It is reasonable to deny Network's Application
10-04-018.

j. Ordering Paragraph 1 is modified to read:

Application 10-04-018 is denied as the evidence does not support re-opening review for purposes of modifying D.06-07-027 and D.09-12-001.

2. Rehearing of D.10-12-001, as modified, is hereby denied.

3. This proceeding, Application (A.) 10-04-018, is closed.

This order is effective today.

Dated June 7, 2012, at San Francisco, California.

MICHAEL R. PEEVEY President

TIMOTHY ALAN SIMON

MICHEL PETER FLORIO

CATHERINE J.K. SANDOVAL

MARK J. FERRON Commissioners