Objector sought review of order of Public Utilities Commission denying reconsideration of order approving revised terms and conditions for electric utility’s smart-meter opt-out program.
The Supreme Judicial Court held that:
- Evidence was sufficient to support Commission’s finding that solid-state electric meters were safe with regard to radiofrequency (RF) radiation exposure, as could support conclusion that allowing electric utility to offer solid-state meters, instead of analog meters, as an alternative to smart meters for consumers concerned about potential health effects of radiation emitted by smart meters, and
- Commission’s conclusion that provision of solid-state meters as alternative would result in safe, reasonable, and adequate facilities and service was not arbitrary, unreasonable, unjust, or unlawful.
Evidence was sufficient to support finding of Public Utilities Commission that solid-state electric meters were safe with regard to radiofrequency (RF) radiation exposure, as could support conclusion that allowing electric utility to offer solid-state meters, instead of analog meters, as an alternative to smart meters for consumers concerned about potential health effects of radiation emitted by smart meters would result in safe, reasonable, and adequate facilities and service, as required by statute; testing performed by another utility indicated that solid-state meters emitted RF radiation at levels similar to those emitted by analog meters.
Conclusion of Public Utilities Commission that electric utility’s plan to provide solid-state meters, instead of analog meters, as alternative to smart meters for consumers concerned about potential health effects of RF radiation emitted by smart meters would result in safe, reasonable, and adequate facilities and service was not arbitrary, unreasonable, unjust, or unlawful; there was evidence that solid-state meters emitted RF radiation at levels similar to those emitted by analog meters, and manufacturers were no longer producing analog meters.