Another Victory, KIUC Blinks Again!

Public Utilities Commission
465 South King Street #103
Honolulu, Hawaii 96813
808-586-2020
email: hawaii.puc@hawaii.gov
cc to: Kauai County Council, Kauai Mayor, Kauai Representatives, Kauai Senator

Informal Complaint

RE: Kauai Island Utility Cooperative Smart Meter FCC Violations

Recourse sought: PUC withdrawal of smart meter installation approval and provide Injunctive Relief from further installations until all FCC rules and guidelines have been adequately addressed.

The following is a list of complaints of FCC violations by KIUC, known as Kauai Island Utility Cooperative. The Public Utilities Commission is further informed that the FCC violations as specified have been brought to the attention of KIUC in both public forums and by written statements, see Exhibit A, “No Consent Form”, and that KIUC has not responded to nor addressed these FCC violations either verbally or in writing.

It is therefore requested that all smart meter installations be halted, that the PUC grant be immediately rescinded, and that KIUC is required to respond as to how they will follow and implement all FCC rules and regulations as stipulated in the operative FCC Grant of Equipment authorization for Smart Meter installations OWS-NIC507.

List of FCC violations by KIUC:

1) The operative FCC Grant of Equipment authorization for Smart Meter installations OWS-NIC507 expressly stipulates that these meters be professionally installed. The personnel being hired by KIUC subcontractors, Utility Partners of America, to perform meter installations are temporary workers with minimal training, see Exhibit B, “Installation and Service Technician” recruitment and employment requirements. The requirements listed relate to driving and criminal record, and a High School Diploma or GED. Though Utility Partners of America write they are looking for experienced Installation and Service Technicians, they do not require it for employment.

KIUC was formally asked to provide details on this matter, as to the experience of the personnel involved in the installation, both verbally and in written form, see Exhibit A, “No Consent Form”, and whether Utility Partners of America:

a) is licensed to do electrical contract work in Hawaii
b) is bonded and meets all insurance requirements
c) has met State and County Electrical regulations and safety rules
d) are accredited Electrical Journeyman with Utility Power Line High Voltage experience
e) compliant with State Law SB2325 which now requires licensed electricians to visibly wear their Electrical Journeyman licenses on the job site
f) whether or not they are subcontracting the work out, and if so
g) are the sub-subcontractors fulfilling all of the above requirements and FCC OWS-NIC507

Professional installation is called for when working with equipment that can endanger the lives of the installer and the residents of that home. One has to question whether a High School Diploma and a week of training qualify you as professional.

Also, why has KIUC subcontracted this work out, when the professional and experienced staff of KIUC could be called upon to do what they have always done. The safety of the resident must come first, and every installation must require an Licensed Electrical Journeyman with Utility Power Line High Voltage experience be present to advise on any safety issues that arise.

There have been over 800 documented fires in California alone started by improperly installed smart meters, with several deaths attributed to them. It is well documented that employee related training of temporary workers by subcontractors are inadequate and dangerous. Also, workers are paid according to number of meters installed, thus providing the wrong incentive to perform hasty, sloppy work at the expense of safety.

Improper installation can also lead to electrical arcing, overheating, appliance burnouts, light bulbs blowing every few days, electronics being burned out, ground fault interrupters tripping and other electrical problems, including house fires. This too has been well documented nationwide with thousands of complaints, from damaged appliances to the complete burn out of home electrical systems.

The PUC is asked to enforce compliance by KIUC, its agents, employees, contractors, subcontractors and all interested parties. KIUC must provide and show immediate compliance with:

i) a written statement of compliance
ii) a working safety plan that stipulates an Licensed Electrical Journeyman be present at all smart meter installations in a 1:1 ratio as required by State Law SB2325
iii) a written statement verifying compliance with State Law SB2325

Failure to comply calls for the immediate withdrawal of PUC’s grant of smart meter installation approval and provide Injunctive Relief from such installation, as well as replacement of any non-compliant installations with an analog meter.

2) The operative FCC Grant of Equipment authorization for Smart Meter installations OWS-NIC507 expressly stipulates and requires that the antenna(s) used for the transmitter must have a minimum “separation distance of 20 centimeters from all persons and must not be collocated . . .”, therefore all installation of “banks” of smart meters on apartment buildings and such are in violation.

KIUC was informed of this violation in both public forums and by written statements, see Exhibit A, “No Consent Form”. KIUC has not responded to nor addressed this FCC violation either verbally or in writing. Nor have they explained the installation of 8 smart meters co-located on an apartment complex, Lihue Elderly Gardens, which houses disabled and elderly residents, or how that co-location of meters is not in violation of OWS-NIC507.

The “Assessment of Radiofrequency Microwave Radiation Emissions from Smart Meters” by Sage Associates, Exhibit D, demonstrates that RF levels transmitted by RF Smart Meters can violate FCC guidelines under normal conditions of installation and operation. See Exhibit C, Declaration of Cynthia Sage.

The smart meters that KIUC is planning to deploy contain 2 antennas, essentially in violation of the “not be collocated” FCC requirement. Tests done and submitted for approval were based on 1 antenna versions of this smart meter in order to pass FCC regulations, while slipping in the second antenna and labeling it a receiver.

According to testimony by the manufacturer, when questioned by Administrative Law Judge (ALJ) Yip-Kikugawa of the California PUC, both antennas are broadcasting, violating both distance stipulations and transmitter power output.

FCC regulations require that the transmitter in a smart meter be no more than 1 mWt, and yet the unit is equipped with an amplifier that raises the output to 2.5 mWt. Commonly known as “range extender amplifiers” these small devices increase the antennas power, in this case by 2.5 times its rated value.

At 2.5 times the rated output, and with 2 antennas, the smart meters that KIUC plans to deploy violate the operative FCC Grant of Equipment authorization for Smart Meter installations OWS-NIC507.

The smart meter that KIUC is planning to deploy is not in compliance with the operative FCC Grant of Equipment authorization for Smart Meter installations OWS-NIC507, violating both antenna co-location and power density. The OWS-NIC507 Grant specifies both RF emissions and safety protocols, for the safety of both the installer and the general public.

The PUC is asked to immediately withdraw the grant of smart meter installation approval and provide Injunctive Relief from such installation, as well as replacement of any non-compliant installations with an analog meter.

3) The operative FCC Grant of Equipment authorization for Smart Meter installations OWS-NIC507 expressly stipulates that “End-users and installers must be provided with antenna installation and transmitter operating conditions for satisfying RF exposure compliance.”

KIUC was informed of this violation in both public forums and by written statements, see Exhibit A, “No Consent Form”. KIUC has not responded to nor addressed this FCC violation either verbally or in writing. The smart meters that have already been installed did not comply with this rule, as no information for satisfying RF exposure compliance was provided to the “End-user”, in this case the resident(s).

At the time of install, KIUC or its installers have not provided any safety notices or materials on the device, next to the meter, nor did they supply to or inform the owner / occupant of that account on the conditions for satisfying RF exposure compliance. To date, KIUC has not provided any of the OWS-NIC507 required installation documentation.

The lack of safety documentation for both the installer and the end user will lead to exposure to unsafe levels of RF radiation by both parties. But it is the general public that will sustain the brunt of the injury, for their exposure is ongoing, with well documented health, physiological, psychological and emotional harm.

The PUC is asked to immediately withdraw the grant of smart meter installation approval and provide Injunctive Relief from such installation, as well as replacement of any non-compliant installations with an analog meter.

It is the task of the PUC to protect the public from unsafe practices, equipment, and any combination of the two by regulating and enforcing all codes, rules, guidelines, FCC and State of Hawaii Laws that apply to this project.

It is the responsibility of the Commission to “serve the public interest” by protecting consumers and ensuring the provision of safe, reliable utility service and infrastructure at reasonable rates, with a commitment to environmental sensitivity, impact and sustainability.

Due to the listed violations, the severity of the consequences that impact the general public, and the lack of integrity by KIUC to safety and public health, the PUC is asked to immediately withdraw the grant of smart meter installation approval and provide Injunctive Relief from such installation, as well as replacement of any non-compliant installations with an analog meter.

__________________________________________________________________________________

Exhibit A “No Consent Form”

TO: Kauai Island Utility Cooperative
CEO David Bissell,
COO Mike Yamane
4463 Pahe'e Street, Suite 1
Lihu'e, HI 96766-2000

Date May 2012
Physical Addresses see attached KIUC Deferral Form

RE: NOTICE OF NO CONSENT
1. TO TRESPASS WITHOUT PRIOR WRITTEN CONSENT
2. TO THE CLAIM OF ENTITLEMENT TO EXISTING METER AS BASIS TO INSTALL
3. TO INSTALLATION OR USE OF SURVEILLANCE EQUIPMENT
NOTICE OF LIABILITY

Sent By Certified Mail

Dear CEO David Bissell, COO Mike Yamane, KIUC Board, agents, officers, employees, contractors and interested parties:

Be advised, you and all other parties are hereby denied consent for installation and use of any and all “Smart Meters”, “Advanced Meters” or any other surveillance and activity monitoring device, or devices, at the above property. Installation and use of any surveillance and activity monitoring device that sends and receives communications technology is hereby refused and prohibited.

Informed consent is legally required for installation of any surveillance device and any device that will collect and transmit private and personal data to undisclosed and unauthorized parties for undisclosed and unauthorized purposes. Authorization for sharing of personal and private information may only be given by the originator and subject of that information. That authorization is hereby denied and refused with regard to the above property and all its occupants.

Furthermore, KIUC effectively takes valuable radio transceiver and antenna siting rights on our property without compensation, which we would otherwise be entitled to reserve, to exercise for ourselves, or to sell or rent to parties and on terms of our choosing.

Under FCC regulations and Guidelines as quoted by your company, your rollout of “Smart Meters” is patently illegal for these reasons:

1. The operative FCC Grant of Equipment authorization for SmartMeter installations OWS-NIC507 expressly stipulates that these meters be professionally installed. The personnel being hired by your subcontractors to perform meter installations are temporary workers with minimal training, not Hawaii licensed electrical contractors.

2. The same FCC stipulations also require that the antenna(s) used for the transmitter must have a minimum “separation distance of 20 centimeters from all persons and must not be colocated . . .”, therefore all “banks” of smart meters on apartment buildings and such are in violation.

3. Moreover, “End-users and installers must be provided with antenna installation and transmitter operating conditions for satisfying RF exposure compliance.” Without barriers or written warnings/notices posted near your Smart Meters, KIUC is out of compliance with these FCC requirements.

4. The FCC was assigned by the Environmental Protection Act of 1969 to protect our health from microwave radiation from wireless transmitters like cell towers, WiFi and Smart Grid units. The guidelines currently used by the FCC were adopted in 1996 and was based solely on the thermal effect (heating of tissue) which was established in the 1950’s. This safety standard ignores biological impacts from low-level microwaves and does not protect us from at least nine additional microwave effects that can cause injury. In this case, FCC guidelines are irrelevant and cannot be used for any claims of safety unless heat damage or electrical shock is involved.

“Smart Meters” violate the law and cause endangerment to residents by the following factors:

1. They individually identify electrical devices inside the home and record when they are operated causing invasion of privacy.

2. They monitor household activity and occupancy in violation of rights and domestic security.

3. They transmit wireless signals which may be intercepted by unauthorized and unknown parties. Those signals can be used to monitor behavior and occupancy and they can be used by criminals to aid criminal activity against the occupants.

4. Data about occupant’s daily habits and activities are collected, recorded and stored in permanent databases which are accessed by parties not authorized or invited to know and share that private data by those whose activities were recorded.

5. Those with access to the smart meter databases can review a permanent history of household activities complete with calendar and time-of-day metrics to gain a highly invasive and detailed view of the lives of the occupants.

6. Those databases may be shared with, or fall into the hands of criminals, blackmailers, corrupt law enforcement, private hackers of wireless transmissions, power company employees, and other unidentified parties who may act against the interests of the occupants under metered surveillance.

7. “Smart Meters” are, by definition, surveillance devices which violate Federal and State wiretapping laws by recording and storing databases of private and personal activities and behaviors without the consent or knowledge of those people who are monitored.

8. It is possible for example, with analysis of certain “Smart Meter” data, for unauthorized and distant parties to determine medical conditions, sexual activities, and physical locations of persons within the home, vacancy patterns and personal information and habits of the occupants.

9. KIUC has not adequately disclosed the particular recording and transmission capabilities of the smart meter, or the extent of the data that will be recorded, stored and shared, or the purposes to which the data will and will not be put.

10. Electromagnetic and Radio Frequency energy contamination from smart meters exceeds allowable safe and healthful limits for domestic environments as determined by the EPA and other scientific programs.

11. In May, 2011, The World Health Organization / International Agency for Research on Cancer (WHO/IARC) placed the Non-ionizing radiation coming from Wireless smart meters (and other wireless devices such as cell phones) on the Class 2-B Carcinogen List along with DDT and Lead.

12. In August 2007 fourteen international scientists reviewed more than 2000 studies in a meta-study, "THE BIO-INITIATIVE REPORT", linking RF microwaves and other EMFs to multiple health impacts, including DNA damage, brain cancer, Alzheimer’s, breast cancer, children’s cancers (leukemia), immune system dysfunction, cardiac symptoms, alteration of melatonin production, inflammation and electromagnetic sensitivity. The 630 page report also links numerous symptoms such as headaches, sleep disturbances, concentration issues, fuzzy thinking, joint and muscle pain and memory loss to wireless RF.

13. Smart meters can be hacked and will be hacked. The small CPU in these meters cannot protect itself as good as a home PC can, and home PCs are well known for being compromised. By deploying these in the millions with the same exact software and hardware they become a huge target and will endanger the community if an attacker can switch the power on and off from remote in mass. This makes these Smart Meters dangerous and a liability to the ratepayers who would have to ultimately pay for any damage.

14. Smart meters are not protected from EMP attacks, large EMPs or localized EMPs as simple as a kid with a battery and a coil (Electro Magnetic Pulse).

15. Disabling the receiver will not prevent other forms of “hacks”. For example a malicious attacker could confuse the internal CPU, reset it, change random memory locations, change the KWH reading, force a power disconnect, or completely disable a smart meter with a simple coil of wire and a small battery. This can’t happen with a mechanical meter. It is well known that a wide EMP can take out car computers; smart meters will now make that possible on the city wide electric infrastructure.

16. A thief or burglar could use the same EMP or hacking methods to turn off the house power even if the electrical switch box is locked.

17. Encryption of data is irrelevant due to well known “Tempest” attacks; see en.wikipedia.org/wiki/TEMPEST where an attacker monitors internal electrical switching signals of a CPU or other internal components from a distance. Governments have developed standards covering this. Compromising emanations are defined as unintentional intelligence-bearing signals which, if intercepted and analyzed, may disclose the information transmitted, received, handled, or otherwise processed by any information-processing equipment, like in Smart Meters. This would violate customers’ privacy and any privacy policy KIUC has at this time.

18. Turning off the RF transmitter is irrelevant due to the well-known “Tempest” attacks, the RF wireless transmitter is not needed in these attacks and disabling the RF transmitter completely negates any advantages of these Smart Meters or their costs anyway.

19. Data about an occupant’s daily habits and activities are collected, recorded and stored in permanent databases which can be accessed by parties not authorized or invited to know and share that private data by those whose activities were recorded. This can be done by cyber-attacks or disgruntled employees and has been done before where the attacked company may not know of the intrusion for months.

20. KIUC has not adequately disclosed the encryption or security methods to the public. The source code to any data encryption must be open source and peer reviewed by the security community at large in order to be as secure as is currently possible. Security by obscurity is no security at all.

21. Previously it was “fair” that the power company had to go to a lot of trouble to adjust the mechanical meter to read more than it should since they had to come out to do it manually. People can’t modify the mechanical meter because it’s locked up; the power company probably won’t do it because it’s just too costly, and so that was “fair enough”. Now with the smart meters they can change it anytime they wish by remote and with little risk that the customer will know. Why should customers trust a company that only has profits in mind? With possible modification of computer code or measurement values / ratios from remote, who will overlook them? Who will ever know? This is an unfair practice and a liability to the ratepayers.

22. KIUC has misled the public and the Public Utility Commission by leaving out publicly available facts and information regarding smart meters. There are many downsides to this new technology that KIUC has not presented to the general public or the Public Utility Commission. Information is slanted and doesn’t address the negative issues fully.

23. Smart meter installation is not mandatory. The Public Utilities Commission only gave permission to install the meters. There is no forced mandate. The PUC has no such delegated authority from the People to make a forced mandate. If they did make a forced mandate, it’s clearly null and void on its face. The Energy Policy Act of 2005 really only covers Federal areas within the limited jurisdiction of the CONSTITUTIONALLY LIMITED United States Government, even if it did apply, it also only mandates that a power company “offer” smart meters to the public, upon customer request. Any suggestion by KIUC to customers that smart meters are mandatory is a false statement, fraudulent, and false commercial speech which is punishable by law and also opens the power company to liability via lawsuit.

24. KIUC has no delegated authority from the People to install a security risking, privacy invading, health threatening, hackable, unfair billing, or wide power grid security threatening device on anyone’s property.

25. Smart meters by default are not programmed to “run backwards”, like the current mechanical meters do now. Making it harder for people to go “green” with solar panels or wind turbines using a low cost Grid Tie Inverter. The PUC has shown the intent over and over of encouraging the public to go “green”, KIUC’s website and public disclosures show intent in this direction. The PUC allows KIUC to charge an extra fee for “green projects”. Smart meters go against the PUC’s intent and the public interest by making it more difficult for people to install small solar or “green power” installations and gain KWH “credits” in power that they can use at a later time.

26. It is well known to electronic and computer engineers that a high voltage spike, such as a nearby lightning strike, or EMP can change memory bits in normal memory or EEPROM memory (Electronically Programmable Memory that is non-volatile) by adding extra electrons to the small memory cells. This can change internal smart meter settings like the KWH calibration data or other settings that may change the rate of power charged without the customer or power company ever knowing about it. This can’t happen with a mechanical meter.

27. Installation of a smart meter will lower this property’s value due to all the stated issues and controversy. This could subject ALL the ratepayers to higher rates due to lawsuit claims for value lost. KIUC has no delegated authority from the People to use its easement or install equipment in a way that will lower property values or make a property less desirable to a buyer.

28. That the KIUC ”Advanced Meter Installation Deferral Form” in its current format is regarded as a legal maneuver to surrender my rights, and that I do not adhere to the statements nor recognize their legality as stated in the deferral document. As equal members of this Co-op, I as the signatory as listed and addressed on deferral form have signed this deferral under duress from KIUC, and that it is not a notice or agreement that gives them any rights to pursue any of the options as listed on the deferral form other than to defer the installation of said equipment.

I demand an immediate stop to the installation of all Smart Meters until all issues are resolved, the Smart Meters to be removed at customers request with no extra charge, an opt-in only for customers who are properly and fully informed and that must have this technology for their own specific need. This is in the public’s best interest.

I demand an immediate investigation into these issues by the Public Utilities Commission.

I demand that the Public Utilities Commission immediately order the power company to fully inform all customers of ALL the known facts, including health issues, complaints and downsides of this technology within 30 days.

I reserve the right to amend this notice and complaint at any time, this is not a complete list of concerns since this technology is new and new information is being found every day. Concerns listed here are not in any particular order.

I forbid, refuse and deny consent of any installation and use of any monitoring, eavesdropping, and surveillance devices on my property, my place of residence and my place of occupancy. That applies to and includes “Smart Meters” and surveillance and activity monitoring devices of any and all kinds. Any attempt to install any such device directed at me, other occupants, my property or residence will constitute trespass, stalking, wiretapping and unlawful surveillance and endangerment of health and safety, all prohibited and punishable by law through criminal and civil complaints. All persons, government agencies and private organizations responsible for installing or operating monitoring devices directed at or recording my activities, which I have not specifically authorized in writing, will be fully liable for any violations, intrusions, harm or negative consequences caused or made possible by those devices whether those negative consequences are justified by “law” or not.

This is legal notice. After this delivery the liabilities listed above may not be denied or avoided by parties named and implied in this notice. Civil Servant immunities and protections do not apply to the installation of smart meters due to the criminal violations they represent.

Notice to principal is notice to agent and notice to agent is notice to principal. All rights reserved.

Addendum to KIUC Deferral Form, by signatory as listed and addressed on deferral.

__________________________________________________________________________________

Exhibit B “Installation and Service Technician” as posted on CraigsList

Installation and Service Technician (Kauai, Hawaii)
________________________________________
Date: 2012-04-17, 12:37PM HST
Reply to: jking@utilitypartners.com [Errors when replying to ads?]
________________________________________

Installation and Service Technician - Utility Partners of America

As a leading utility solutions provider, Utility Partners of America delivers an optimized solution--and compelling economics--for AMR and AMI smart meter deployments, demand response, in-home devices, network communications, home services and other energy outreach programs.

Utility Partners of America is looking for experienced Installation and Service Technicians to join our team in Kauai, Hawaii. These positions require direct contact with our customers and candidates should have good customer service skills and a positive attitude.

Job Purpose:
• Installation of new AMR/AMI electric meters to replace existing systems
• Accurately reading and recording meters and meter ID numbers

Skill Requirements

• Must be able to use hand held computer and laptop.
• Work with various hand tools, cellular phone, and GPS systems for locations.
• Tracking personal inventory for balance each day,
• Operate vehicle with automatic transmission, must have good eyesight.
• Good Customer Service delivery, communication with management and team members.

Task description:

• Work outside in varying temperature conditions (extreme heat to extreme cold)
• Walk 85% of the work day. Drive UPA vehicle 15% of the work day.
• Work in various inclement weather conditions (rain)
• Lift 25 to 40 lbs.
• Stand, stoop, and kneel throughout the day to complete assigned work

Requirements

• Clean motor vehicle record
• Clean criminal background check in all states lived in for past seven years
• Pass drug screen pre-employment and submit to random testing for length of employment

Education Required

High School Diploma or GED

Project Location

Office and Warehouse located in Lihue, Hawaii

Compensation:
Base salary plus bonuses available
Utility Partners of America offers comprehensive benefits to all full time employees.

Please send resume to careers@utilitypartners.com, all resumes MUST include salary history/requirements.

• Location: Kauai, Hawaii
• Compensation: Base salary plus bonuses available
• Principals only. Recruiters, please don't contact this job poster.
• Please, no phone calls about this job!
• Please do not contact job poster about other services, products or commercial interests.
PostingID: 2964079675

__________________________________________________________________________________

Exhibit C “Declaration of Cynthia Sage”

Declaration of Cynthia Sage, Sage Associates

January 4, 2011

My name is Cynthia Sage. I am the owner of Sage Associates, an environmental consulting firm. My business address is 1396 Danielson Road, Montecito, California, 93108. I am providing a declaration in support of A.10-04-018.

I have been a professional environmental consultant since 1972. I hold an M.A. degree in Geology, and a B.A. in Biology (Zoology) from the University of California, Santa Barbara. I am a Senior Fellow, Department of Oncology, School of Health and Medical Sciences, Orebro University, Orebro, Sweden (2008-2011).

I served as a member of the California Public Utilities Commission EMF Consensus Group (1990-1991), the Keystone Center Dialogue for Transmission Line Siting (a national group developing EMF Policy 1991-1992), and of the International Electric Transmission Perception Project. Between 1977 and 1981, I served as a member of the California Board of Registration for Professional Engineers (Department of Consumer Affairs). I am a full member of the Bioelectromagnetics Society. I am the co-editor of the BioInitiative Report, and a founding member of the BioInitiative Working Group, an international scientific and public health research collaboration. I was a Lecturer in the Environmental Studies Program, University of California, Santa Barbara and a founding member of that program, and developed and taught classes in environmental impact assessment from 1972 – 1981. My publications are attached.

My professional involvement in this area includes constraint analysis, environmental planning, and impact assessment on EMF and radiofrequency radiation siting issues for more than 30 years. My company has provided professional consulting services to city and county planners, private developers, state and federal agencies and schools with respect to measurement and assessment of EMF as a part of land planning and environmental constraints analysis since 1972. I have been an expert witness who testifies on EMF computer modeling, impacts on people and property, EMF policy, public perception, visual impairment and land use issues, and have qualified both in state and in federal court proceedings as an expert witness in this area.

1. Sage Associates has prepared the Assessment of Radiofrequency Microwave Radiation Emissions from Smart Meters to document radiofrequency radiation (RF) levels associated with wireless smart meters in various scenarios depicting common ways in which they are installed and operated.

2. The Report includes computer modeling of the range of possible smart meter RF levels that are occurring in the typical installation and operation of a single smart meter, and also multiple meters in California.

3. FCC compliance violations are likely to occur under normal conditions of installation and operation of smart meters and collector meters in California, because the public has access to smart meters installed on their homes.

4. In addition to exceeding FCC public safety limits under some conditions of installation and operation, smart meters can produce excessively elevated RF exposures, depending on where they are installed. RF levels are predicted to be substantially elevated within a few feet to within a few tens of feet from the meter(s).

5. RF levels associated with smart meters under some conditions of installation and operation will produce RF power density levels that exceed those reported in some scientific studies to result in adverse health impacts, including headache, sleep disruption, restlessness, tremor, cognitive impairment, tinnitus, increased cancer risk, and cardiac problems at distances less than 500 meters from cell antennas, or at levels over 0.1 microwatts per centimeter squared.

6. Consumers may also have already increased their exposures to radiofrequency radiation in the home through the voluntary use of wireless devices (cell and cordless phones), PDAs like BlackBerry and iPhones, wireless routers for wireless internet access, wireless home security systems, wireless baby surveillance (baby monitors), and other emerging wireless applications.

7. People who are afforded special protection under the federal Americans with Disabilities Act are not sufficiently acknowledged nor protected. People who have medical and/or metal implants or other conditions rendering them vulnerable to health risks at lower levels than FCC RF limits may be particularly at risk.

8. Neither the FCC, the CPUC, the utility nor the consumer know what portion of the allowable public safety limit is already being used up or pre-empted by RF from other sources already present in the particular location a smart meter may be installed and operated.

9. Consumers, for whatever personal reason, choice or necessity who have already eliminated all possible wireless exposures from their property and lives, may now face excessively high RF exposures in their homes from smart meters on a 24-hour basis. This may force limitations on use of their otherwise occupied space, depending on how the meter is located, building materials in the structure, and how it is furnished.

10. In summary, no positive assertion of safety can be made by the FCC, nor relied upon by the CPUC, with respect to pulsed RF when exposures are chronic and occur in the general population. 3.5.6 Indiscriminate exposure to environmentally ubiquitous pulsed RF from the rollout of millions of new RF sources (smart meters) will mean far greater general population exposures, and potential health consequences. Uncertainties about the existing RF environment (how much RF exposure already exists), what kind of interior reflective environments exist (reflection factor), how interior space is utilized near walls), and other characteristics of residents (age, medical condition, medical implants, relative health, reliance on critical care equipment that may be subject to electronic interference, etc) and unrestrained access to areas of property where meter is located all argue for caution.

References

1. Khurana VG Hardell L Everaert J Bortkiewicz A Carlberg M Ahonen M, 2010. Epidemiological Evidence for a Health Risk from Mobile Phone Base Stations. Int Journal of Occupational Environmental Health 2010;16:263–267

2. Kundi M Hutter HP Mobile phone base stations—Effects on wellbeing and health. Pathophysiology 16 (2009) 123–135

3. Sage C. Carpenter DO. 2009. Public Health Implications of Wireless Technologies. Pathophysiology 16 (2009) 233–246

4. Hardell L Sage C. Biological effect from electromagnetic field exposure and public exposure standards. Biomedicine & Pharmacotherapy 2008;62:104-109. doi:10.1016/j.bipha.2007.12.004.

5. BioInitiative Working Group, Cindy Sage and David O. Carpenter, Editors. BioInitiative Report: A Rationale for a Biologically-based Public Exposure Standard for Electromagnetic Fields (ELF and RF) at www.bioinitiative.org, August 31, 2007.

6. Carpenter DO Sage CL. 2008. Setting Prudent Public Health Policy for Electromagnetic Field Exposures. Reviews on Environmental Health 23(2) 91-117.

Under penalty of perjury, I declare that the facts set forth above are true and correct to the best of my knowledge.

Dated January 4, 2011, at Santa Barbara, California.

/s/
Cynthia Sage

__________________________________________________________________________________

Exhibit D

The “Assessment of Radiofrequency Microwave Radiation Emissions from Smart Meters” by Sage Associates, a 100 page detailed scientific study and report on smart meters can be viewed at: http://sagereports.com/smart-meter-rf/

__________________________________________________________________________________

Hawaii PUC Informal Complaint Petition

Mahalo for your time and effort in making this a priority.

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