Maine Supreme Judicial Court Affirms MPUC’s Finding that Smart Meters Pose No Credible Health or Safety Threat
Blog Energy Law Update
USA January 27 2016
The Maine Supreme
Judicial Court affirmed the
Maine Public Utilities Commission’s decision that Central Maine Power Company’s
advanced metering infrastructure (“AMI”) system (aka “smart meters”) pose no
credible threat to the health and safety of Central Maine Power Company (“CMP”)
customers. Friedman v. PUC, 2016 ME 19, — A.3d —. In a lengthy
legal battle spanning more than five years, Ed Friedman and other CMP
customers, challenged the use of smart meters on health and safety grounds.
Earlier in the
proceedings, the Commission had decided that granting CMP customers the right
to opt out of the use of smart meters resolved the smart meter complaint.
However, in doing so, the Commission had declined to make findings associated
with the health and safety of smart meters. That decision was appealed. On
appeal, the Court decided that the Commission was required to address the
health and safety issues. Consequently, the Court remanded the case to the
Commission for further proceedings.
On remand, following a
two and a half year investigation, and the careful consideration of voluminous
evidence, the Commission found that CMP’s smart meters did not pose a credible
health and safety threat. Friedman et al. once again appealed the Commission’s
decision. Friedman raised three principle arguments in the most recent appeal:
(1) the Commission applied an incorrect standard and burden of proof; (2) the
Commission’s health and safety determination was not supported by substantial
evidence; and (3) the two Commissioners that decided the health and safety
issue had different rationales, so they did not actually concur in the
decision.
The Court found that the
Commission had applied the correct standard, but the Court did not reach the
issue related to the burden of proof because the Court also found that
substantial evidence did support the Commission’s decision. Further, the Court
found that the two Commissioners concurred in the ultimate decision even though
they provided somewhat different rationales.
Regarding the evidence
that supported the Commission’s decision that CMP’s smart meters do not pose a
credible health and safety threat, the Court noted that the “record is replete
with evidence supporting the Commission’s eighty-two page order finding that
smart meters do not pose a credible threat to the health and safety of CMP’s
customers under reasonable operation scenarios.” The Commission’s finding was
supported by many peer-reviewed scientific studies, testimony from
international renowned experts, field testing and regulations in the United
States and beyond, related to radiofrequency signal exposure.
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