Thursday, January 10, 2013

NV PUC Rules on Smart Meter Opt Out: Deception or Finally Compassion on Their Part?

On January 9, 2013, the NV Public Utilities Commission (PUC) supposedly finalized the smart meter opt out docket.

Since October of 2011, they have heard hours of consumers concerns, thousands of pages of written submissions, with no consideration of the analog meters.

On November 27, 2012, during their initial discussion, the PUC cited that the digital meter would alleviate the main concerns of the public by being non-transmitting and covering the privacy issue. [1] After public comments and their final discussion prior to voting, Commissioner Wagner brought up the analog meters as an option that hadn't been fully explored. [2] The PUC waited until the very last statutory date to make their ruling on the draft order. [3]

Commissioner Noble in prior hearings had always sided with NVE. November 27th, he remained silent regarding any objections to accepting the draft order.

On December 17, 2012, NV Energy (NVE) and the Bureau of Consumer Protection (BCP), filed a Stipulation agreeing that the analog meters would be the opt out meter option. [4] It appeared that finally this debate would be resolved.

After numerous pleadings involving a Stay, Stipulation, Petitions for Reconsideration and or Rehearing, on January 8, 2013, the PUC submitted their draft order. [5]

The anticipatory resolution was now in flux, with the Commission not specifically stating that the analog was the approved alternative to the smart meter. During their hearing, on January 9th, on the Stipulation and pending Petitions, they approved the draft order sans any modifications.

The Commissioners stated that they couldn't "order" that the analogs be referenced without extending out the docket, to have an additional rehearing. As during public comments the consensus was they wanted this issue finalized and in favor of keeping the analogs.

As anticipated, Commissioner Noble, objected to the analogs and dissented during the vote, [at 1:09:05]. [6]

The PUC's order granted and basically transferred full control to NVE: "NVE shall select a NSMO that is not a smart meter and meets certain critical characteristics, and implement such NSMO in the Trial Opt-out Program. The critical characteristics indentified by the Commission include that the meter be: relatively low cost; non-communicating; incapable of storing interval data; is read manually read by NVE; can also be read by the customer; and has the highest level of potential opt-out customer acceptance. In its selection process, NVE is strongly encouraged to choose the NSMO that has the most customer acceptance. [Based on all the comments received in the present docket, a NSMO that conforms to all these characteristics appears to be the analog meter.]"

Since the PUC wanted this concluded immediately, they tried to assuage the public that they would get the analogs that they were so desirous of. That it was "implied" in the order.

Failure on the part of NVE to determine that the NSMO isn't the analogs, the only recourse the public has, is to file a complaint with the PUC. The PUC has a history of denying consumer complaints.

Either the PUC has pulled off the ultimate deception to close out an ongoing docket to rid themselves of the ratepayers objections to the smart meters, or they are convinced that NVE will perform the actions as required in the order.

We would like to believe that the PUC saw the fortitude, passion and resolve to fight for the meters and determined that allowing the analogs is in the best interest of the ratepayer.

References

[1] https://www.youtube.com/watch?v=6UzXpLEtUZI

[2] https://www.youtube.com/watch?v=rCpn9KUR5dE

[3] http://www.pucwatchdogs.com/Nov122012finalorder.pdf

[4] http://www.pucwatchdogs.com/pucfiledstip.pdf

[5] http://pucwatchdogs.com/Jan9th2013draftorder.pdf

[6] https://www.youtube.com/watch?v=qK7vtIGvHHY&feature=youtu.be