Marin County cites my protest as basis for motion to halt PG&E “SmartMeter” deployment
Citing the legal and public uncertainty created by the mishandling of my protest of PG&E's proposal for "SmartMeter" opt-out fees, and the consequent withdrawal of CPUC approval and suspension of the proposed PG&E opt-out tariff, the government of Marin County today filed a motion for the CPUC to order a halt to "SmartMeter" deployment until my protest (and, presumably, my request for review by the full CPUC) is resolved.
In its motion filed today, Marin County says, in part:
On February 16, 2012, citing OP-2 of the Decision, PG&E filed its Advice Letter 3278-G/4006-E as a Tier 1 advice letter, meaning that it was intended to be effective on the date filed. However, this advice letter was protested. [Footnote 8: See, Protest by Pacific Gas and Electric Company customer Edward Hasbrouck and request for evidentiary hearing regarding Advice Letter 3278-G/4006-E (Pacific Gas and Electric Company ID U 39 M), "Approval of Electric Rate Schedule E-SOP, Residential Electric SmartMeterTM Opt-Out Program, and Gas Rate Schedule G-SOP, Residential Gas SmartMeterTM Opt-Out Program, in Compliance with D.12-02-014 " filed March 7, 2012.] Active parties to the A.11-03-014 proceeding were served with the Protest, but have not been served with any disposition of that Protest by the Commission. Based on available information, due to one or more procedural errors or other substantive issues, this Advice Letter was apparently suspended at some point on or before April 20, 2012. [Footnote 9: See, email from Commission counsel Elizabeth Dorman to Edward Hasbrouck et al dated April 20, 2012, stating in part: "Legal Division has instructed Energy Division that the Advice Letter filing is suspended, and requested that they include such label on our website. Energy Division is now at liberty to issue a disposition regarding the above-referenced Advice Letter." In an earlier letter to Mr. Hasbr[o]uck dated April 5, 2012, Ms. Dorman indicated that because the Commission was withdrawing the March 19, 2012 Staff disposition in this matter, there is no longer an effective disposition.]
Until further disposition of this suspension by the Commission and appropriate notice to the parties in this proceeding and the public generally, and subject to any subsequent requests for review thereof, the rates, terms and conditions contained in this Advice Letter are not in effect. These terms and conditions of service include not only the interim rates set forth in the Decision, but also PG&Eâs proposed tariff provisions defining the procedures set forth in OP 2 (a) and (b) of the Decision. If, for example, a Smart Meter is installed while there is no effective tariff provision governing the service provided, legal uncertainty -- at a minimum -- results regarding what, if any, rates would apply and what right, if any, PG&E had to install the meter if the customer did not affirmatively agree.
I still have no idea when or if the CPUC will hear my request for review of the CPUC Energy Division's improper actions and inactions. (If you talk to the CPUC, ask them.) I haven't heard anything yet about my protest from the City and County of San Francisco, which is also a party to the CPUC proceeding opposing PG&E's "SmartMeter" proposals, and where there are additional issues related to the incompatibility of PG&E's proposed wireless mesh data network with the principles for such wireless data networks established by San Francisco voters through the enactment of Proposition J in October 2007.
[Update: E-mail message received 20 June 2012 from Elizabeth Dorman, CPUC Principal Counsel, "Re: status of your request for [review] of the disposition of PG&E Advice Letter 3278-G/4006-E. Hello Mr. Hasbrouck, I was checking on the status of our internal processing of your above-referenced request for review and wanted to let you know what to expect. Consistent with General Order 96-B, General Rule 7.7.1, Energy Division is in the process of preparing a Resolution that will be placed on the Commission's agenda. You (and others) will be served with the proposed Resolution and notified of when the Commission will vote on the matter."]Posted by Edward, 30 April 2012, 17:45