Maine Law Court rules Public Utility Commission failed to perform its duty

Smart meter opponents represented by Bruce McGlauflin prevailed in the Maine Supreme Judicial Court on July 12, 2012, when the Court issued a decision concluding that the Maine Public Utility Commission failed in its duty to consider and resolve the health and safety concerns of the public when it approved Central Maine Power Company’s installation of smart meters. The Court also questioned the legitimacy of the opt-out fees that the Commission has imposed on Maine residents who have chosen to keep their analog meters. “Having never determined whether smart-meter technology is safe, the Commission is in no position to conclude in this proceeding that requiring customers who elect either of the opt-out alternatives to pay a fee is not “unreasonable or unjustly discriminatory.” The Court has remanded the case to the Commission for further proceedings to investigate the health and safety concerns related to smart meters.

A copy of the Court’s decision can be obtained here