May 6, 2014

From: Families for SAFE Meters

info@FamiliesforSAFEMeters.org

To: The Office of Eugene Water & Electric Board (EWEB) Commissioner

Legal Notice and Demand

Office of Eugene Water & Electric Board Commissioner (henceforth “you” or “your”)

NOTICE

You are hereby notified that your decision to replace water and electric analog meters with

electro-magnetic radio frequency/microwave radiating, receiving and broadcasting, wireless

digital meters (henceforth “smart meters”), contravenes EWEB’s by-laws and environmental

commitment.* In addition, this action is contrary to the ethical and moral imperative not to take

any action that even potentially could cause harm to people, animals and the environment.

The lack of credible certification and independent testing of “smart meters,” and therefore the

uncertainty of their safety, makes your program akin to indiscriminate mass public

experimentation forbidden by the Nuremberg Code, Declaration of Helsinki

and the Belmont Report.

Significant and reliable evidence** clearly illustrates the many dangers of “smart meters.”

Thus, installing these digital meters would almost certainly cause harm to the environment in

addition to threatening health, safety, security and privacy, thus violating the Constitutionally

protected unalienable rights of all the people living and working in your service district..

Due to the omnipresence of “smart meter” generated electro-magnetic/microwave fields in the

environment, no living being would be immune from its harmful effects. Concurrently, there

cannot be a genuine choice for anyone. Thus the “opt-in” policy you adopted 10.1.13 does not

absolve your duty to cause no harm and to protect the natural environment, including the

people, animals and plants in your service area. By contrast, this proposed action threatens to

break your Oath of Office together with your fiduciary responsibility as a trustee. These are

serious offenses. Furthermore, the consequences of your decision could make you personally

liable for civil and criminal charges in your private capacity in addition to your public capacity,

thus rendering your decisions and corresponding actions void under the

doctrine of ultra vires.***

Now that you have been given notice of the potential dangers of “smart meters,” also be advised

that if and when you are sued for damages, your bond insurance company may not provide

sufficient coverage because of your prior knowledge of the potential harm. This could make

you negligent in their eyes, and void any agreement you, or the EWEB Corporation, may have

with them. Because of your prior knowledge, you may also be held criminally liable under

Oregon Revised Statutes for “Official Misconduct”**** (prison and/or a fine).

Families For SAFE Meters Notice and Demand May 6th 2014 page 1 of 4

You have herein been given legal notice. You are required to act in the best interest of

EWEB ratepayer-owners and the people using services in your district, or suffer the

consequences of your actions. You do not have plausible deniability in this matter.

DEMAND

Families For SAFE Meters respectfully demands and requires that you fulfill your obligation as

trustee to the owners of EWEB, the environment, and all the people using services in your

district by ceasing and desisting the contract signing or implementation of all plans to purchase

or install any type of digital smart meter due to the potential harm it may cause to this

community now and in the future (by the potential implementation of digital meter firmware

upgrades, alterations or replacements). If you choose not to comply with this demand,

appropriate actions will be taken including notifying the proper authorities and possible legal

action.

*EWEB environmental policy and by-laws

Adopted by Commissioners on November 4, 1997

EWEB takes responsibility for the environmental consequences of our actions.

We believe that environmental protection and enhancement are sound business practices that are beneficial to

the ecological and economic health of our community, that support a sustainable future for our world, and that

enhance EWEB’s success as a publicly owned utility.

EWEB conducts business in an environmentally sensitive and responsible manner while providing our

customers with safe, reliable, and responsive utility service.

We are committed to innovative, cost-effective approaches to environmental challenges, to integration of

environmental considerations in all aspects of our activities, and to continual improvement of our efforts to

protect and enhance the environment.

The objectives for EWEB’s environmental commitment are to:

· Prevent, minimize, or mitigate the environmental impacts of EWEB’s products and services.

· Meet or exceed compliance with the letter and spirit of applicable environmental statutes, regulations,

and standards.

EWEB BY-LAWS

ARTICLE II

Section 1.

The principal purpose of the Eugene Water & Electric Board is to benefit the citizens of Eugene by providing

water, electric and other physical energy services to its customers with a goal of maintaining the lowest possible

rate consistent with long-range rate stability, prudent business practices and sound environmental management.

ARTICLE III

Section 1.

The Eugene Water & Electric Board shall comply with all applicable federal, state, and local laws and

regulations relating to its activities

Families For SAFE Meters Notice and Demand May 6th 2014 page 2 of 4

**Enclosed you will find a CD containing just a small sampling, and yet more than sufficient evidence

and proof, that would convince any prudent man or woman, or officer of EWEB, of the potential harm

caused by digital meters, electro-magnetic and microwave devices.

***ULTRA VIRES - Wikipedia

Ultra vires is a Latin phrase for “beyond the powers”. The ultra vires doctrine typically applies to a corporate

body, such as a limited company, a government department or a local council so that any act done by the body

which is beyond its capacity to act (and not intra vires) will be considered void.

Corporate law In corporate law, ultra vires describes acts attempted by a corporation that are beyond the

scope of powers granted by the corporation’s objects clause, articles of incorporation or in a clause in its

Bylaws, in the laws authorising a corporation’s formation, or similar founding documents. Acts attempted by a

corporation that are beyond the scope of its charter are void or voidable.

Administrative law

In administrative law, an act may be judicially reviewable ultra vires in a narrow or broad sense. Narrow ultra

vires applies if an administrator did not have the substantive power to make a decision or it was wrought with

procedural defects. Broad ultra vires applies if there is an abuse of power (e.g., Wednesbury unreasonableness

or bad faith) or a failure to exercise an administrative discretion (e.g., acting at the behest of another or

unlawfully applying a government policy). Either doctrine may entitle a claimant to various prerogative writs,

equitable remedies or statutory orders if they are satisfied.

Constitutional law

Under Constitutional law, particularly in Canada and the United States, constitutions give federal and provincial

or state governments various powers. To go outside those powers would be ultra vires; for example, although

the court did not use the term, in striking down a federal law in United States v. Lopez on the grounds that it

exceeded the Constitutional authority of Congress, the Supreme Court effectively declared the law to be ultra

vires.

****§ 162.4151 OREGON

Official misconduct in the first degree

(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit

or to harm another:

(a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly

inherent in the nature of office; or

(b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.

(2) Official misconduct in the first degree is a Class A misdemeanor. [1971 c.743 §215]

§ 162.4051

Official misconduct in the second degree

(1) A public servant commits the crime of official misconduct in the second degree if the person knowingly

violates any statute relating to the office of the person.

(2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]

Families For SAFE Meters Notice and Demand May 6th 2014 page 3 of 4

We the undersigned are a representative group of the more than 135 owner/member families of Families For Safe Meters

Families For SAFE Meters Notice and Demand May 6th 2014 page 4 of 4

ADA MEDICAL INFORMATION:  ELECTROMAGNETIC INTERFERENCE ON IMPLANTS

compiled by Eve Woodward-Shawl

         People who have medical implants, particularly metal implants, are more sensitive to spurious RF exposures for two reasons; Electromagnetic Interference (EMI) with critical care medical equipment and medical implants is a potentially serious threat. Patients with deep-brain stimulators (Parkinson’s disease patients) have reported adverse health effects due to RF from various environmental sources like security gates and RFID scanners.          Patients with deep brain stimulators have reported the devices to be reprogramming or electrodes shut-down as a result of encounters with wireless RFID scanners. One manufacturer, Medtronics, has issued a warning for DBS implant patients to limit RF exposure to less than 0.1 W/Kg SAR (or sixteen times lower than for the general public) for MRI exposures.

The IEEE SC4 committee (2001) considered changes to existing ANSI/IEEE standards adopted in 1992 (C95.1-1992). They discussed vulnerable organs (eyes, testes) and metallic implants that can intensify localized RF exposures within the body and its tissues. “Question 20: Are there specific tissues or points within the body that have particularly high susceptibilities to local heating due to thermal properties in the immediate vicinity of the tissue?”

“Metallic implants are an interesting example of this question. There can be very localized high field concentrations around the tips of long metal structures, in the gaps of wire loops. Of course, these metal devices don’t create energy, but can only redistribute it, so the effect is limited to some extent. Also the high thermal conductivity and specific heat capacity make them good thermal sinks for any localized heat sources generated around them.”

Since deep brain stimulators in Parkinson’s patients involve metal implants that are essentially long metal structures with tips that interface with brain tissue and nerves within the brain and body, exposing such patients with implants to high levels of pulsed RF that can produce localized, high RF within the body is certainly inadvisable. It is clear the IEEE SC4 committee recognized the potential risk by to calling such implanted metallic devices good ‘thermal sinks’ for localized heating dissipation.

StopSmartMeters.org

EMFSafetyNetwork.org

AAEMOnline.org

MicrowaveNews.com

VIDEOS

RadiationReport.com/SmartMeters – see two 30 minute videos of Paul Dart, M.D., presentation to Eugene Water & Electric Board (EWEB) 7.23.13; Dr. Dart and a team of medical doctors with the assistance of an engineering consultant also presented a 70 page report to EWEB early June, 2013, available online.

second video especially see cell phone tower studies around the world

Also see on this site video of testimonies of EWEB ratepayer-owners Oct. 1, 2013 when EWEB Board passed the first in the nation OPT-IN rather than an OPT-OUT decision for smart meters.

For nine years I was employed by the University of Oregon as Administrative Assistant for the Human Rights Investigator in the Office of Affirmative Action & Equal Opportunity.  This office is charged with ensuring the University’s compliance with Federal, State, Local and Organizational Affirmative Action & Equal Opportunity regulations.  I became familiar with the Americans with Disability Act and the responsibilities, requirements and legal obligations of receiving Federal Funds.

ADA

As with Title III, of the ADA the federal regulations implementing Title II: Unambiguously FORBID THE USE OF SURCHARGES ON PEOPLE WITH DISABILITIES to cover the cost of providing accommodation, stating:

“The opt-out fee for customers who simply prefer an ANALOG METER in this brief; however, to the extent to show that the decision to maintain an ANALOG METER is not simply a preference, but rather is a MEDICAL NECESSITY DUE TO A DISABILITY, the ADA and its supporting regulations require that the standard policy of installing a SMART METER be modified, with NO CHARGE to the customer.

Customers who have a medical reason to require an ANALOG METER in order to obtain electrical service are to be ACCOMMODATED WITHOUT A BURDENSOME SURCHARGE.

The ANALOG METER can be considered an auxiliary aid provided to a customer in place of the standard SMART METER. Under this conceptualization, too, NO SURCHARGE IS PERMITTED.

If a person cannot tolerate use of a WIRELESS SMART METER for medical reasons, the person must have access to an ANALOG METER. or be denied necessary utility service, putting their health and safety at greater risk. To the extent that a person’s ability to live independently and to fully participate in society is compromised by installation of a WIRELESS SMART METER .

The affected person must be accommodated, or else he or she will be denied opportunity solely due to a physical condition, a situation which has RESOUNDINGLY BEEN REJECTED BY STATE AND FEDERAL POLICY-MAKERS.

ELECTROMAGNETIC SENSITIVITY

Electromagnetic Sensitivities is recognized as a disability under the ADA if they so severely impair the neurological, respiratory or other functions of an individual that it substantially limits one or more of the individual’s major life activities.

People are getting sick following Smart Meter installation.   Among hundreds of serious documented health effects and the worsening of existing health problems.

Radiofrequency sickness has real and disabling consequences. People with radiofrequency sickness experience illness (or even death) upon exposure. Pulsed microwaves, as utilized by transmitting meters – are very potent biologically.

A large part of the population is already electro-sensitive and many more will become so after being overexposed to the constant pulsing of high frequencies emitted by wireless meters.

No one is impervious.  Radiofrequency sickness results from overexposure to radiofrequency radiation.  RADIOFREQUENCY SICKNESS IS NOT A DISEASE. IT IS AN ENVIRONMENTALLY INDUCED FUNCTIONAL IMPAIRMENT.

METAL IMPLANTS

People who have medical implants, particularly metal implants, are more sensitive to spurious Radio Frequency; ELECTROMAGNETIC INTERFERENCE (EMI) WITH CRITICAL CARE MEDICAL EQUIPMENT AND MEDICAL IMPLANTS IS A SERIOUS THREAT.

Patients with deep-brain stimulators (Parkinson’s disease patients) have reported the devices to be reprogramming or electrodes shut-down as a result of exposure to Radio Frequencies.

The wireless systems send out radio waves that can interfere with medical equipment such as respirators, external pacemakers and kidney dialysis machines.  Cases involved hazardous malfunctions. These included breathing machines that switched off; mechanical syringe pumps that stopped delivering medication as well as external pacemakers regulating the heart.

Because Smart Meters produce Radiofrequency emissions, it is recommended that PATIENTS WITH DISABILITIES BE ACCOMMODATED TO PROTECT THEIR HEALTH. 

That, when denied, NO Smart Meters be installed on the home of the disabled, SMART METERS MUST BE REMOVED WITHIN A REASONABLE DISTANCE OF PATIENT’S HOMES depending on the patient’s perceptions and/or symptoms and that NO COLLECTION METERS BE PLACED NEAR PATIENT’S HOMES depending on patient’s perception and/or symptoms.

Enlightening video – discusses microwaves, frequency, cell phones and much more!  1.5 hours

21 August 2013

The Green Sheen Wearing Thin- How Corporate Environmental Organizations are Providing Cover for the Mounting Ecological Catastrophe of the “Smart Grid”

EWEB  Meeting 11/5/13   public input by Abraham Likwornik

It is obvious that by your vote to install so-called “smart” meters, you have given great importance to one man’s input (EWEB General Manager, Roger Gray) and have chosen to mostly ignore the information of the people of Eugene and other verbal, written and media input presented to you over the past few months.  This is unfortunate for the people of Eugene.

Each member of this board of commissioners has been given enough credible, verifiable, proof, information, and resources that would convince any prudent man or woman that these so-called “smart” meters endanger the health, safety, financial welfare, privacy and security of all the people in EWEB’s service area.  In other words, you have all been given lawful notice of the consequences of your actions.  You can not now claim ignorance of the dangers and controversy about these digital meters.  This makes each and everyone of you, in your private capacity, liable for your conduct.  You have chosen, by your vote, to act outside of your official public capacity by not following EWEB’s by-laws and environmental mandate and pl

EWEB environmental policy

Adopted by commissioners on November 4, 1997

EWEB takes responsibility for the environmental consequences of our actions..

EWEB conducts business in an environmentally sensitive and responsible manner while providing our customers with safe, reliable, and responsive utility service.

We are committed to innovative, cost-effective approaches to environmental challenges, to integration of environmental considerations in all aspects of our activities, and to continual improvement of our efforts to protect and enhance the environment.

The objectives for EWEB’s environmental commitment are to:

Prevent, minimize, or mitigate the environmental impacts of EWEB’s products and services.

Safeguard human health in the conduct of our business.

Focus on pollution prevention throughout EWEB’s facilities and operations.

Therefore you no longer have the protection or immunity of your office.  By installing your first so-called “smart” meter, you will knowingly and intentionally be endangering the people, animals and the overall quality of the environment of Eugene.  In the Law, this constitutes reckless misconduct (A person is guilty of reckless misconduct when s/he does an act, or fails to do an act in violation of his/her duty with knowledge of serious danger as may be known by a reasonable man.  uslegal.com).  It will not be the owners of EWEB who will be taking on the burden of any future lawsuits, it will be you, the men of this commission.

I respectfully demand that you cease and desist all plans and activities related to so-called digital “smart” meters and that you do not purchase or install these meters on any buildings within your service area.

Abraham Likwornik, SW Eugene

Lisa-Marie DiVincent – EWEB Public Input 11-5-13

Greetings, Commissioners, staff and citizens,
My name is Lisa-Marie DiVincent, counselor, nonviolent communication trainer, and mediator in private practice. Please recall my message last month, “Do no harm.” Let us continue to strive for that goal.

Next, I’d like to appreciate the wireless meter opt-in, making it easier for those with sufficient scientific understanding to decline a wireless smart meter on our homes or businesses, if self-employed. 

However, public and private employees don’t have that choice. To prevent scientifically proven harm to the percentage of radiation-sensitive full time employees who will be physically compromised, I request that all public and commercial buildings remain smart meter free. An exponential increasing in community education will inform employee lawsuits proving EWEB irresponsible if not negligent. You have received ample documented evidence about smart meter risks and dangers. 

In addition, the general public should not be forced to be exposed to smart meter radiation in the course of necessary activities away from home. Concerned citizens are considering maintaining an on-going list of all homes, buildings, and businesses with smart meters installed so that aware people can protect themselves accordingly. To recap: Please keep all public and commercial buildings wireless smart meter free. 

Finally, I am formally requesting a Citizen Advisory Board to provide the community with a balanced view of wireless meter pros and cons. All EWEB publicity, promotional and bill inserts, incentives, on-line and hard copy newsletters, as well as media releases regarding this topic need balance. Over the past several months, I’m disheartened to say I’ve seen a culpable lack of transparency, with biased one-sided pro-smart meter views being consistently distributed by EWEB staff. 

The failure of truly informed choice will serve as evidence in future law suits. We owe it to our community to let _them_ decide for themselves by hearing the different versions — the slant of EWEB staff and that of citizens opposed to wireless meters. A large majority of EWEB customers still lack exposure to the pros and cons that would help them decide which presentations to base their choice on. By failing to fully inform customers, the opt-in clause will not protect EWEB from future class action lawsuits. 
 
Despite working full time, I’ve been volunteering considerable energy towards researching and informing our community to help EWEB Do No Harm. Please let a Citizen Advisory Committee contribute to the public’s right to know instead of continuing down the contentious path of this dangerous controversy. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Lisa-Marie DiVincent
Individual, Relationship, and Family Counselor and Mediator
Conflict Prevention and Resolution Trainer
Compassionate (Nonviolent) Communication Coach
Empathy Cafe – “Evolve Your Talk!” Open group – Mondays 7-9 pm
541-484-7366

Kathy Ging public input to EWEB board 11.5.13

The theme of my remarks is the phrase _rules of thumb_ used by former EWEB General Manager Randy Berggren 3.23.10 at EWEB’s annual retreat responding to a question by Commissioner John Brown as to whether the community might show opposition to smart meters which Randy discussed taking off the shelf when the economy improves.

Free Dictionary defines rule of thumbs as: A useful principle having wide application but not intended to be strictly accurate or reliable in every situation.

It is this tone that dominated EWEB’s smart meter indoctrination style campaign often denying public requests for more balanced information on its website and in public releases. As a result, most of the public is still uninformed about differences between wired and wireless smart meters and the advantages and disadvantages of each and of smart meters in general.

EWEB AMI engineer Greg Armstead’s letter at the introduction to Good Company’s triple bottom line smart meter analysis August, 2011, sets the intention stating that the study was to assure the success of smart meter implementation. (EWEB paid for the study.)

_EWEB wanted to conduct this analysis early in the planning process, to help shape the ultimate – and successful – outcome of the project. We purposefully asked The Good Company to take an outside-in community perspective of the potential impact of this technology. The Good Company looked at three potential AMI scenarios that range from a “bare bones” AMI system to one that provides a much higher potential for integrating “smart grid,” demand-response and other initiatives that will benefit the community, EWEB and its customers._

http://www.eweb.org/public/documents/smartmeter/TBLanalysis.pdf

Smart meters have opened a seller disclosure statement new Pandora box for Realtors, sellers and buyers of residential property.

I have been in discussion with legal counsel at Oregon Association of Realtors alerting them to the fact that since smart meters have been the subject of recalls, settlements and litigation (Oregon Sellers Disclosure Statement required by state law, page 3, item 6 asks if any product in the house has been subject to any of the above three problems), they now may need to consider adding information about smart meter manufacturer and model number including antenna to seller disclosure statements and add transparent information about smart meter liabilities to requirements for initial and continuing Realtor education.

I am not familiar with the smart meter vendor or installer potentially culpable in the settlement of Larry Nikkel in Vacaville, CA, who died in a house fire the day after a smart meter was installed, but an out-of-court settlement for an undisclosed amount of money was awarded to his family in 2012, two years later, a warning to those who accept smart meters on their homes or other buildings and fail to disclose this issue if a fire or explosion occurs (or even health issue develops after property sale). Sellers have a duty to disclose any potential material defects exists in transferring real estate.

Litigation has been filed in several states (some lawsuits have been won by litigants) and countries regarding smart meters and recall of thousands of Sensus-USA meters in the PECO, Philadelphia, PA, utility district is documented in press items. News items report dozens of fires triggered also in Texas, California, Florida, Canada and elsewhere from smart meters

A seller’s disclosure statement is required to be completed in Oregon by sellers in all residential sales transaction with certain exceptions. Not informing sellers and Realtors about potential liability in neglecting due diligence and standard of care in advising their principal about issues can create liability for sellers and Realtors who are assumed to be professionals trained in the problems and possible material defects in the built environment.

As documented in affidavits and filings, FCC proceeding 13-84, a new class of refugees sensitive to electromagnetic fields has resulted from proliferation of wireless technology. It could be that a publicly available list of buildings with wired meters should be mandated and that this should be an essential part of EWEB’s opt-in plan. The exact model number and name of the manufacturer and installer should be provided to homeowners by EWEB for their permanent files so that they can disclose this information on seller disclosure statements.

Your erroneous decision to allow an OPT IN instead of a 10 year zero option or a real zero option – indefinite moratorium which many informed ratepayers wanted – now creates another complexity in real estate sales.

About your annual survey indicating about half of the respondents supporting and half not supporting smart meters: more significant is that as people learned about smart meter problems and controversies, there was a 340% increase of those opposing EWEB’s planned AMI program from 2011 to 2013.

If you read the comments on one the TV channel Facebook postings after 10.1, all were opposed to smart meters except for one woman who thought she had a smart meter but since wireless meters cannot be used in rural areas, she may not have known that her meter probably was NOT wireless and may have been a digital AMR or ETR not a smart meter.

If it had not been for Families for SAFE Meters and medical, scientific, engineering and education professionals who diligently attempted to educate EWEB staff and board in the last 2.25 years, ratepayers would have not been as well informed as to wireless meter technology and liabilities.

It is puzzling why EWEB General Manager Roger Gray denied the role Families… played in the 10.2.13 RG article. Three staff and one board member commented to me that without Families… involvement, a wireless radio mesh net probably would have been installed.

It is difficult especially for a manager to admit mistakes, but the public deserves better treatment by Oregon’s largest publicly owned utility leader. Ratepayers also have great consternation about misrepresentations in Gray’s responses to board inquiries about smart meter fires and explosions – over 1,000 worldwide -, health consequences, Fourth Amendment privacy rights violations and other issues that should dictate to a prudent person to approve at least a 10 year moratorium.

One totally veracious statement Gray made confirmed that the smart grid is not hack-proof, adding that he would attend a conference on the topic! For cyber-security concerns alone, EWEB should not have approved smart meters. The public was appalled that they were not given the opportunity to rebut and rectify Gray’s numerous mistakes and the Board made a hasty decision on distorted information and disinformation inadequately researched by the General Manager and the staff.

If you as a Board allow the staff to adopt incentives for smart meter installation, it would be further anomalous public policy.

There is still time to reverse your decision approving the opt-in smart meter plan before legal action or a petition drive that could cause more dissension and acrimony in the community.

Thank you for your public service and for your careful consideration of the information provided here.

~-~ ~-~ ~-~ ~-~ ~-~
Kathy Ging, M.A., G.R.I.
541-342-8461
Email: kathy@kathyging.com

Testimony to EWEB board by Mariah Leung, 10/1/13

I want to make it clear to board tonight that I DO NOT want “Smart Meters” installed on my property.

I am deeply concerned with the surveillance potential and surveillance intentions of these meters.

As our household appliances and electronic devices are progressively replaced with new units designed to communicate with the meters, our household activities will become visible and profiled by EWEB and anyone else who gains access to these data.

Whether I favor the stove or the microwave.  What time we go to bed, get up and shower.  Are we away from home, how often, how regularly, when, and how long.  Do we watch TV, when and what programs.  How many computers and what type we use. What appliances have and haven’t been replaced with new, so-called “smart” varieties?

According to hacking experts, these data cannot be secured.

They can be sold to marketers.

They can be stolen by tech-savvy criminals.

And most threateningly, they can be provided to or taken by government agencies in violation of our 4th Amendment protections against search and seizure without court authorization.

Director of the CIA, General David Petraeus, stated that smart meters will allow the government to spy on its citizens, and it will undoubtedly do so.

I deeply honor the courageous risks and sacrifices of Bradley Manning and Edward Snowden.

We must honor their sacrifices by heeding their warnings about a surveillance state out of our control.

Smart meters are a powerful potential instrument of that state that would allow not only surveillance but control of our central power supplies – communications could be shut down at any time.  If we expect to retain any hope of a free society, we must never allow this.

Testimony to EWEB board by Cindy Allen, 10/1/13

In regards to having an “Indefinite Moratorium” on the smart meter, there is much to be hopeful for this evening.

I’m grateful to the hundreds of opposition groups world-wide.

I’m grateful to the thousands who have shared their negative smart meter comments and experiences on The Internet.  People seem to agree on one thing…they don’t want one and they certainly do not want a “world-wide” smart meter grid with all of its security issues.

I’m grateful to Josh del Sol, the producer of Take Back Your Power.  This 2-year-in- the-making documentary features the former Prime Minister of British Columbia, the state Attorneys General of Illinois and Massachusetts, the former Director of the CIA, several doctors and many others.  Another major film about the “smart meter agenda” is soon to be released.

Here in Eugene, we still have our working analog meters and we don’t have the problems of other areas.

-We are not in the situation as the people in Fountain, Colorado. Citizens obtained signatures to place a recall of the smart meters on their November 2014 ballot.

-We don’t have the class-action lawsuits that California has, or Washington, or British Columbia. Concerns cited include health, security, fires, illegal entry, fraud, etc.  FRAUD: the smart meter is brought in under the “disguise” of saving money but bills go up not down.

Commissioners, in regards to the $26 million smart meter contract, I think you were misled about the benefits but that can no longer be said.  You’ve had time to study the large amount of negative information, you’ve watched the documentary, Take Back Your Power, and you’ve researched the reasons for the class-action lawsuits.

There are so many, many questions and concerns about the smart meter.

One of the major questions that everyone is asking is WHY?…Why this untested technology with it’s obvious flaws is being “PUSHED”…”FORCED” on people who do not want it.

Testimony to EWEB board by Kathy Ging, 10/1/13

Response to R-G story, Voluntary ‘smart’ meter option is adopted by Josephine Woolington, Oct 2, 2013

http://www.registerguard.com/rg/news/local/30540231-75/smart-meters-customers-eweb-meter.html.csp

It is noteworthy that the reporter confined her description of Eugene Water & Electric Board (EWEB) boardroom on 10.1.13 packed with opponents of smart meters who provided extensive, comprehensive, data-based testimony to two words – “rowdy crowd.”   She focused most of her story on the canned, re-heated, routinely scripted Q&A interchange between Roger Gray, General Manager, and the five (volunteer) Commissioners  who seemed to overlook the fact that they are stewards mandated and entrusted with our representation.

After Roger Gray assumed his position as GM a little over three years ago, staff had reported to members of the public that he had had a difficult time in learning how to work in a PUBLICLY OWNED utility – having been an independent consultant for nine years and prior to that, employee of PG&E in California for 19 years – ending up as a vice-president.  Local EWEB fans questioned why EWEB Board hired him instead of an in-house applicant or an employee of the 2,000 publicly owned utilities in the US, part of the American Public Power Assn.

We owner-ratepayers of EWEB, Oregon’s largest publicly owned utility, need to remind Roger Gray that he works for US – THE PEOPLE not for his own agenda colored by old investor owned utility (IOU) motivations.

Not one of our many stated concerns was described accurately:

(1) the many risks of RadioFrequency/MICROWAVE radiation documented by the World Health Organization (WHO), the American Academy of Environmental Medicine (ASEMonline.org), BioInitiative Report and many other world class research scientists including medical professionals;

(2) class-action lawsuits against other utilities installing smart meters charging “fraud and deceit,” “negligence” and “product liability;”

(3) the inevitable vulnerability of the smart grid to hacking or even complete grid shut-down predicted by cyber-security professionals.  Smart Grid INsecurity is one area where Roger Gray was more candid, commenting that anything digital CAN BE HACKED iindicating that he would soon attend a conference on grid cyber security problems;

(4) data harvesting – theft of personal electric or water usage data – and electricity theft from individual customers or from the utility have been described in professional journalistic articles.   (Articles in 2009 describe an FBI investigation of a Puerto Rican utility that had MILLIONS of dollars of electricity stolen from it PROBABLY, they said, due to smart meter technology – and rogue employees. The article stated that although utility industry insiders were aware of the potential for theft, etc., they did not want to alarm the public by advertising this risk!);

(5) electronic intrusion and data capture in violation of our Fourth Amendment protection against search and seizure without court authorization. To disregard the gravity of this topic, Privacy and the Modern Grid, subject of  an entire issue of the Harvard Journal of Law and Technology, Fall, 2011, showed a lack of diligence and standard of care in alerting the Board to probable future litigious issues;

(6) the prediction by ex-CIA director David Petraeus that the government will use smart meters to spy on citizens, and

(7) potential control by the burgeoning security and surveillance state of our water and power supplies – in addition to the granular information that can be accumulated to profile lifestyles and target individuals.

Were we a rowdy crowd?   No: in reality an EWEB staff member complemented our group (including many persons whom we did not know) on our good behavior and lauding our partial success in our goal of slowing down or preventing smart meters.

Wake up and pay attention, Ms. Woolington! Did you fail to understand what you heard or its importance?

You missed the REAL story – highlights of the 28 testimonies questioning smart meters – wired or wireless – and EWEB’s whole process including a supercilious heavy handed know it all attitude to providing public information from the start of their propaganda campaign. The inability of staff including two former journalists and one trained in public policy to integrate valid public concerns into staff recommendations indicates a need for a shake up in the utility from the top down.

EWEB failed to engage this highly educated community and instead hired the wrong consultants so not only was EWEB not guided by an unbiased discovery including medical, journalistic reviews and scholarly research tapping local institutions of higher education, they also were not guided most importantly by the health, social equity and best interests of the PEOPLE WHOM THEY SERVE!

It was revealing that EWEB GM Roger Gray, in a moment of appalling hubris, stated that this abundant and highly salient information Families for SAFE Meters and friends have provided EWEB for two+  years “was not a factor at all” in their decision!  This warped statement certainly was not reflected in the memorandum he distributed to the board prior to this decision point, or in the options he proposed and has caused indignation in the community in which he is a relative newcomer.

Mr.Gray has demonstrated a lack of accountability, fiduciary responsibility and respect for the public he presumably serves.  Neither the management nor the EWEB board have searched out and made available to owner-ratepayers comprehensive and circumferential information, including disadvantages, of smart meters and the smart grid. We have had to discover it ourselves. To have our discovery, including considerable research involving contacting original information sources, dismissively described in EWEB’s internal correspondence as “alleged” but unspecified problems, demonstrates a miscreant and petulant attitude.

Mr. Gray’s performance must be thoroughly reviewed and his record of disinformation to the Board and the public uncovered.  Owner-ratepayers should consider new candidates for the EWEB Board.  In 2014 two positions will be open – those of John Simpson, the only city-wide Commissioner, and John Brown, North Eugene representative.

The future of EWEB is in your hands.