There is no simple answer- It depends on whether you can outsmart the Installers!
Here are some suggested steps that might delay any installation. Hopefully, indefinitely, or until there becomes a moratorium on their deployment.
These are written with Texas in mind, but may work elsewhere. These are simply my best suggestions, not Legal Advice, to delay/stop the install. You still need to file a complaint with the PUC, write and call your Representative and other Texas/US Legislators, etc.
Steps to take to Avoid Installation of the Smart Meter
- Start by being prepared for when they show up at your house to install – Tape a note of refusal of a Smart Meter on your Meter Box, Sign it, and take a picture. Find a way to cage, or lock it if possible, &/or lock your fence. Be on the alert during the period when you should be having it installed. (Look on Oncor’s website – link from this website or search on Oncor’s site for ‘deployment map’ to get a ‘window’ of months in which you may see the installer come by.)
- File a Complaint with the PUC-after you call Oncor and your Electric Provider – they will tell you that they are mandatory-then you can make your complaint based on that State and Federal Law does not mandate; these are surveillance devices-the 4th Amendment is still in force.
- If they show up and you are home – You should tell them you do not want a SM, and you will not let them put one on your house for Privacy and Health reasons (or___?). Tell them neither State nor Fed. Laws have declared a mandate, but rather said it should be done in a voluntary manner. Also, the PUC nor Oncor can’t supersede the Law, even though they are trying! {Here’s a link to a Letter to the PUC from Rep. Bonner of Tx. stating that the legislation that AUTHORED was not meant to REQUIRE people to install smart meters, and that the PUC should correct this oversight!} If they continue to insist you have no choice, they may escalate it and say to you that they will take your old (Analog) meter off, and leave you with no meter! If they say that, you need to tell them the PUC Rules Ch. 25 states that prior to any disconnection, Oncor must give you WRITTEN NOTICE saying “Dis-connection Notice”, and that you have not rec’d any such notice. Again, stand your ground, and you need to be standing in front of your meter (or gate to your meter). Hopefully, this will at least buy you time. If you receive ‘disconnection notice’, I would fight it on the grounds that you are a paying customer. This is a “Battle of the Wills” – until such time as the Texas Legislators give us a Moratorium on installations, or a legal Opt-In / Opt-out Plan. Several other states have or are working on such type of ‘legislation’, so there IS HOPE! Hire legal assistance, if you can, then let us know. We also are looking into a Class Action suit. If you’d be interested in pursuing a class action suit, please use our contact us form and let us know. If you do not receive a reply about this, please try again- even join our newsletter, as we would likely publish any class action movement there.
NOTE: There is no definite remedy at this time to keep from getting a Smart Meter (Unless you are in a Co-Op, like Tri-County that is not participating). There are some things you can do to possibly postpone installation until a legal remedy is created. If you come up with any other creative avoidance tips, etc., please feel free to contact us and share- or leave comments at the bottom of this post!
Also, by joining together with BanTexasSmartMeters, you will learn the steps you can take to help Texas stop the violation of our Privacy Rights and protect our right to choose. Take time to look around the website to get informed!
I received a notice from CoServe (Town of Prosper in North Texas) today stating they were starting the process. I went to CoServe’s websaite and I have not been scheduled.
Any further advice or assitance on my part is both apreciated and offered.
Jeff M. Burandt, CPA, CFP
972-897-6500 (work – 8-5)
Sorry- I missed this comment to, but for ease, since i have answered similar question/comment recently, i will re-post my answer here – if there are still questions, just ask, i will try to respond asap!
Reprint: “Other response:
“This website has an article called “Can I Avoid a Smart Meter” here: http://www.bantexassmartmeters.com/2011/avoid-smart-meter/ This will give you the basics in a nutshell. [apparently you have read this one, since this is the comments for that article...] There is a group (which I am part of – this is the Devvy Kidd ‘Petition for Rulemaking’) that is working on getting a hearing. The PUC is working as slow as possible, and stonewalling. So, we can tell they aren’t consumer friendly…and they are not making it easy. The first ‘Petition for Rulemaking’ got tossed on technicality, but we are submitting a 2nd one about May 19 or so. Then the process of submitting comments will likely ensue again.
I suggest also writing your State Congressmen/women to intervene and request the PUC do what is right by the law, which DID NOT make them MANDATORY, (ask Rep. Bonner who wrote the PUC to explain that to them, since he was instrumental in the original Energy legislation that encouraged the Advanced Metering), and to err on the side of caution when it comes to people’s health….not to mention the meter’s are a definite PRIVACY INVASION – if there is any doubt about that, look at the Documentation provided by the Colorado PUC http://www.dora.state.co.us/puc/docketsdecisions/DocketFilings/09I-593EG/09I-593EG_Spring2009Report-SmartGridPrivacy.pdf – that is jaw dropping proof of invasion of privacy- and our PUC either knows and doesn’t care, or doesn’t know and is negligent!”
Tell all your friends and neighbors see if they will join the resistance! Have them check out our website, we try to inform as much as possible. Thanks Jeff!
Cindy