Dive Summary:
- Michael W. Kahn writes for Electric Co-op Today that 28 states haves some statutes or regulations involving smart meters and co-ops.
- Ty Thompson, NRECA chief member counsel, explains that cooperatives often have a legal right to mandate smart meter installations, but that installations may still be unreasonable or unenforceable, which can make dealing with smart meter refusals a difficult task.
- Ultimately, Thompson recommends that co-ops should be "flexible and reasonable" to the greatest extent possible to avoid problems.
From the article:
"... 'If everybody in the country—other than your cooperative—is saying ‘utilities cannot mandate smart meters,’ and/or ‘utilities cannot charge anything if a customer does not want a smart meter,’ that increases the likelihood that your bylaw, as it applies to smart meters, may be unreasonable and unenforceable,'” Thompson said.
He stressed that’s not the case, and may very well never be the case. But he put it out there to make co-op leaders aware of the potential ramifications of lawsuits, such as one being heard in an Illinois federal district court. The plaintiffs are suing a municipal utility, arguing that smart meters violate two constitutional amendments, as well as the Energy Policy Act of 2005. ..."
