Opponents of the BC Hydro smart metering program have taken the fight to the legal battlefield, filing a complaint against the utility that could stall installations of the wireless devices.
Under section 45 of the Utilities Commission Act, construction "of a public utility plant or system, or an extension of either, without first obtaining from the commission a certificate that public convenience and necessity require," cannot occur without that certification.
"Up until now the B.C. Utilities Commission (BCUC) and the public interest that it represents have been completely eliminated from BC Hydro's decision to attach a microwave radio frequency emitting device to 1.8 million B.C. residences," said David Aaron, the lawyer representing the complainants, Citizens for Safe Technology Society and one Andrea Collins.
Aaron filed the detailed complaint to the BCUC on Dec. 22.
In it he alleged that BC Hydro has moved to make two unauthorized extensions to its electrical infrastructure by adding wireless communication capability and a capacity for information collection.
"The complainants apply for an order, on an urgent and interim basis, requiring BC Hydro to cease and desist from the implementation of the unauthorized extensions," he wrote.
But an exemption under the Green Energy Act granted BC Hydro the pretence to move ahead with the installations, something opponents are now calling into question.
In the complaint, Aaron claims that the legislation is limited in scope and cannot justify an exemption for the wireless and information gathering components of the devices.
BC Hydro has until Jan. 13 to issue a reply to the complaint.
The complaint targets the wireless component of the Smart Meter Program and calls upon BC Hydro to either install the devices without wireless technology or obtain the proper certification.
"This is a matter of freedom of choice in a society which is premised on individual freedom," Aaron argued. "What freaks people out is this Orwellian nature. Make no mistake, BC Hydro is an agent of the state."
Once BC Hydro issues its reply, the complainants will have two weeks to issue their own response, after which commissioners will decide how to proceed.
"It will go before one or more commissioners, and they will make a determination on how to respond to the request. They could take action at that time, or they could establish an inquiry to find out more about the matter," said Brian Williston, director of engineering and energy markets with the BCUC.
BC Hydro is not commenting on the complaint at this time, but will follow the regulatory process and respond to the letter.
