Having to pay a fee for something that is not mandatory

[Watcher77]

Where we live the new electric "smart meters" are about to be installed on homes. The Texas PUC emailed me and stated that it is not mandatory nor is there any local or federal law stating we have to have one YET we are required to pay a fee to not have one AND pay a additional 30.00 a month on our electric bill - Us and some other neighbors here are wanting to file a suit to have these fees dropped - we don't know how to proceed and what type attorney we need - can anyone help?

 

[quincy]

Where we live the new electric "smart meters" are about to be installed on homes. The Texas PUC emailed me and stated that it is not mandatory nor is there any local or federal law stating we have to have one YET we are required to pay a fee to not have one AND pay a additional 30.00 a month on our electric bill - Us and some other neighbors here are wanting to file a suit to have these fees dropped - we don't know how to proceed and what type attorney we need - can anyone help?

You could consult with a consumer protection attorney. The fee seems high but it is probably to cover the costs of meter readers.

Here is a link to a 2013 NPR article on Texas Smart meters and the cost at that time to those who wanted to opt out of installation:
https://stateimpact.npr.org/texas/2013/10/30/opt-out-of-a-smart-meter-in-texas-it-will-cost-you/

 

[Taxing Matters]

Where we live the new electric "smart meters" are about to be installed on homes. The Texas PUC emailed me and stated that it is not mandatory nor is there any local or federal law stating we have to have one YET we are required to pay a fee to not have one AND pay a additional 30.00 a month on our electric bill - Us and some other neighbors here are wanting to file a suit to have these fees dropped - we don't know how to proceed and what type attorney we need - can anyone help?

While getting the new meters may not be mandatory, it may also be the case that no federal or state laws prohibit the utility from charging you extra fees to keep the old style meters. Ask the consumer rights attorney about that first before charging on with trying to challenge the fees. It may be that you'll find there isn't any good legal challenge to make.

Bear in mind that traditional meters require a utility employee to actually go to the meter and read it — an extra cost that the utility will have if you keep the old meter that it would not have with the smart meter. It is not unreasonable for those opting to keep the old meters to be the ones to pay that cost rather than hiking up the cost of the electric for everyone to pay for those holdouts who don't, for whatever reason, want the new meters. What problem or issue do you have with a smart meter?

 

[quincy]

I know that there were both privacy concerns and health issues and risk-of-fire issues raised when Smart meters were first installed in Michigan. These fears were addressed to the satisfaction of most homeowners and Smart meters are now the rule in Michigan rather than the exception.

 

[Taxing Matters]

I know that there were both privacy concerns and health issues and risk-of-fire issues raised when Smart meters were first installed in Michigan. These fears were addressed to the satisfaction of most homeowners and Smart meters are now the rule in Michigan rather than the exception.

I hadn't heard of any health or fire risk issues with these meters when they were rolled out where I live. There were some concerns about privacy, but the utilities have addressed those. Eventually these meters will likely end up being installed for each electric & gas user. The old meters are too costly to read and the new meters will allow companies to bill at different rates depending on the time of day that the service is used. That will encourage people to do things that use more electric & gas during off peak times. That's more efficient and more environmentally friendly, too.

 

[quincy]

Here is one additional link, to the National Conference of State Legislatures (NCSL) research on Smart meters, from August of last year:
https://www.ncsl.org/research/energy/smart-meter-opt-out-policies.aspx

The majority of states offer an opt-out option for consumers. Opting out of a smart meter generally come with fees to cover the additional costs to the utility and the fees vary widely from state to state, and can be a one time charge or monthly rate.

There have been several homeowner complaints around the country about meter installation and opt-out fees. In one state (not Texas) if someone can demonstrate a specific medical condition documented by a physician that the smart metering technology compromises the health issue, opt-out fees can be waived.

I don’t see a challenge to the opt-out fees in Texas as being successful but it could be worth discussing with an attorney.

 

[FlyingRon]

Hell, auto insurance wasn't mandatory in my state, but you paid a pretty hefty fee not to have it.

 

[NeilTheCop]

Discuss the matter with either a local attorney or a local solar power installer.

 

[Taxing Matters]

Here is one additional link, to the National Conference of State Legislatures (NCSL) research on Smart meters, from August of last year:
https://www.ncsl.org/research/energy/smart-meter-opt-out-policies.aspx

The majority of states offer an opt-out option for consumers.

Barely a majority, though, and most of those are, according to your link, where the state PUC rules on opt out programs on a case by case (meaning mostly separate rulings for each utility, apparently). Almost as many states don't offer any opt out at all, including mine. In my state, you want electric from the utility and the utility wants to put in a smart meter, you take the smart meter or no electric for you! Or, as Neil suggests, you can install solar to provide your own power, assuming that the HOA and/or historical neighborhood commission will not prohibit it for violating the neighborhood aesthetic.

 

[quincy]

Barely a majority, though, and most of those are, according to your link, where the state PUC rules on opt out programs on a case by case (meaning mostly separate rulings for each utility, apparently). Almost as many states don't offer any opt out at all, including mine. In my state, you want electric from the utility and the utility wants to put in a smart meter, you take the smart meter or no electric for you! Or, as Neil suggests, you can install solar to provide your own power, assuming that the HOA and/or historical neighborhood commission will not prohibit it for violating the neighborhood aesthetic.

True. It is barely a majority of states. But 29 states out of 50 is still a majority.

 

[xylene]

what type attorney we need

You need a lawyer willing to try in vain to re-litigate smart meter issues that were settled when Ted Koppel was still hosting Nightline.

 

[Just Blue]

What has this thread have to do with Federal or State crime?

 

[quincy]

You need a lawyer willing to try in vain to re-litigate smart meter issues that were settled when Ted Koppel was still hosting Nightline.

In Texas, although smart meters were introduced in 2005, the issue of opt-out provisions was pretty much settled in 2013, when the Texas Public Utility Commission opened up discussion to the public and weighed their concerns.

Although it appears there is little left to litigate, there is probably some lawyer somewhere who will take a consumer’s money to research the matter more fully.

 

[zddoodah]

Us and some other neighbors here are wanting to file a suit to have these fees dropped - we don't know how to proceed

You consult with and hire an attorney.

what type attorney we need - can anyone help?

Any attorney who handles civil litigation could do it, but you should try and find someone with experience litigating against utilities and/or with regulatory matters.

Note that, if these charges have been approved by the state or local regulatory body, there is probably nothing worth suing over.

 

[quincy]

... Note that, if these charges have been approved by the state or local regulatory body, there is probably nothing worth suing over.

These add-on utility fees for those opting-out of smart meters are permitted in Texas.