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HomeMy WebLinkAboutResolutions - 2013.10.30 - 21080REPORT (MISC. #13229)October 30, 2013 BY: GENERAL GOVERNMENT COMMITTEE - Christine Long, ChairpersonRE: MR #13229 - BOARD OF COMMISSIONERS - OPPOSITION TO FEES APPROVED BY THE MICHIGAN PUBLIC SERVICE COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THESMART METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on August 19, 2013, having had the resolution referred back to the Committee by the Board on August 29, 2013 with direction to consider the resolution at the Committee's October 21, 2013 meeting and having done so hereby recommends that the resolution be amended as follows. MISCELLANEOUS RESOLUTION #13229 BY:_ Commissioners Nancy Quarles, District #17; Jim Runestad, District #6RE: BOARD OF COMMISSIONERS - OPPOSITION TO FEES APPROVED BY THE MICHIGANPUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART METER OR ADVANCEDMETERING INFRASTRUCTURE PROGRAMS To theThe Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #12134 on June 21, 2012 calling for fair treatment and no economic penalty for electricity customers who choose not to participate in the smart meter program; and WHEREAS numerous other loca! unitssince the adoption of government in MR12134, Oakland County residents have passod roGoiutionG oxprosoing voiced their concerns relative to smart meters or AMI devices being installed without prior notification: and-eaufeterv4n--the WHEREAS-since the adoption of MR12134. Oakland County residents have voiced their concerns relative to their perception regarding the level of information being provided bv the installers regarding the process to opt-out of the installation of smart meters: andWHEREAS since the of MR12134, Oakland County residents have voiced their concerns relative to the one-time fees being assessed for optinq-out of the smart meter as well as the opt outfeeson-going fee for optinq-out: and WHEREAS the Michigan Public Services Commission i§nof-ed-these G-GfjGeFns-t-h-at-ha¥e-teeen-ex|>Fessed throughout the state and has approved the implementation of smart meters or AMI devices in Michigan and the associated fees penaiizingfor customers who choose net-to teveopt-out of the installation of a smart meter installed on their property for-in the form of a one-time fee is either pre-installation or $69.39-kefefe- $9.72for optinq-out in perpetuity; and t-installation-an-d, in coniunction with a monthly charge of WWEREAS-complaints-afe-alr-eady-kemg-l: without-ftet# iGatiG^-or- \rtiQr-mation- •tG-the-eu&tomeF-o^ tl^F-fifWs-te-opt-GU^tf-and Gtistomers--wke-ekeoee-te- Gpt-out-wi{l-be-|>ayin^-that will- be used-to-pay--fo^-tfte-iftstallation -and GperatiGn ef-meters thoy will not bo using; and WHEREAS the report issued by the staff of the MPSC does not meet the stan-dard of a significant WHEREAS during the comment period while MPSC was studying the smart meter issue 84% of comments received indicated customers would opt out or deny the installation of smart meters on thoir property; and WHE-RE-AS-electFiGfty-pr-eviders-in-OakteRd- safety or necessity of these meters; and GENERAL GOVERNMENT COMMITTEE: Motion carried unanimously on a roll call vote with Spisz absent. WHEREAS electricity providers in Oakland County havo not undertaken any major effort to explain the safety or nooossity of these meters; and WHEREAS electricity providers aro beginning the procoss of notifying residents of their intent to begin the smart meter program in this region without undertaking an effort at public oducation or giving customers adequate information about their rights not to participate; and WHEREAS the MPSC report citos the importanco of public education in the success of this type of program, quoting tho Maryland Public Services Commission "The negative) oxporionGos in other states illustrate vividly that poor customor oducation will magnify small scale problems and croato disproportionate customor skepticism and unhappincss.and WHEREAS Article VII, Section 15 of the Michigan Constitution states "Any county, when authorized by its Board of Supervisors, shall have the authority to enter or to intervene in any action or certificate proceeding involving tho sorvices, charges or rates of any privately owned public utility furnishing services or commodities to rato payors within tho county".NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby expresses its oPDOsitionconcern relative to the current opt-out fees approved bv the Michigan Public Services Commission for Advanced Metering infrastructure in Michigan as unfair and excessive. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests electric utility providers to coase current efforts to install smart meters in Oakland County until such time as a thorough public education/awaroness campaign is undertaken in tho County to adviso residents of their rights and prntentinns fnr thair health and safety, that the Michigan Public Services Commission reassess its current position relative to smart meter opt-out provisions, the fees associated with opting- out and the ability for consumers to keep their current analog meters. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourage Michigan's Attorney Gonoral to continue his appeals on behalf of consumers for a sensible and fair approach to the introduction of this now tochnology.BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; Attorney Genera! Bill Schuette; the Michigan Public Services Commission; Consumers Power; Detroit Edison and the Oakland County legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. MR #13229 - COMPILED VERSION CONTAINING ALL AMENDMENTS MISCELLANEOUS RESOLUTION# BY: Commissioners Nancy Quarles, District #17; Jim Runestad, District #6RE: BOARD OF COMMISSIONERS - OPPOSITION TO FEES APPROVED BY THE MICHIGAN PUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THESMART METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #12134 on June 21, 2012 calling for fair treatment and no economic penalty for electricity customers who choose not to participate in the smart meter program; and WHEREAS since the adoption of MR12134, Oakland County residents have voiced their concerns relative to smart meters or AMI devices being installed without prior notification; and WHEREAS since the adoption of MR12134, Oakland County residents have voiced their concerns relative to their perception regarding the level of information being provided by the installers regarding the process to opt-out of the installation; andWHEREAS since the adoption of MR12134, Oakland County residents have voiced their concerns relative to the one-time fees being assessed for opting-out of the smart meter installation as well as the on-going fee for opting-out; andWHEREAS the Michigan Public Services Commission has approved the implementation of smart meters or AMI devices in Michigan and the associated fees for customers who choose to opt-out of the installation of a smart meter in the form of a one-time fee that is either pre-instailation or post-installation, in conjunction with a monthly charge for outing-out in perpetuity; andNOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby expresses its concern relative to the current opt-out fees approved by the Michigan Public Services Commission for Advanced Metering infrastructure in Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the Michigan Public Services Commission reassess its current position relative to smart meter opt-out provisions, the fees associated with opting- out and the ability for consumers to keep their current analog meters.BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; Attorney General Bill Schuette; the Michigan Public Services Commission; Consumers Power; Detroit Edison and the Oakland County legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. Nancy Quarles, District 17 Jim Runestad, Districts Chairperson, On behalf of the General Government Committee I move adoption of the foregoing report. GENERAL GOVERNMENT COMMITTEE G) REPORT September 19, 2013 BY: GENERAL GOVERNMENT COMMITTEE - Christine Long, Chairperson RE: MR #13229 - BOARD OF COMMISSIONERS - OPPOSITION TO FEES APPROVED BY THE MICHIGAN PUBLIC SERVICES COMMISSION FOR CUSTOMERS WHO WISH TO OPT- OUT OF THE SMART METER OR ADVANCED METERING INFRASTRUCTURE PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on September 9, 2013 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT Motion carried unanimously on a roil call vote with Crawford voting no and Hatchett absent. GENERAL GOVERNMENT COMMITTEE Miscellaneous Resolution # 13229 BY: Commissioners Nancy Quarles, District 17 and Jim Runestad, District 6RE: BOARD OF COMMISSIONERS - OPPOSITION TO FEES APPROVED BY THE MICHIGAN PUBLIC SERVICE COMMISSION FOR CUSTOMERS WHO WISH TO OPT-OUT OF THE SMART METER ORADVANCED METERING INFRASTRUCTURE PROGRAMS TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:WHEREAS the Oakland County Board of Commissioners unanimously adopted Miscellaneous Resolution #12134 on June 21, 2012 calling for fair treatment and no economic penalty for electricity customers who choose not to participate in the smart meter program; and WHEREAS numerous other local units of government in Oakland County have passed resolutions expressing concerns and caution in the installation of smart meters; and WHEREAS the Michigan Attorney General has provided extensive evidence that questions the economic soundness of the smart meter program and excessive level of the opt out fees; andWHEREAS the Michigan Public Service Commission ignored these concerns that have been expressed throughout the state and approved fees penalizing customers who choose not to have a smart meter installed on their property for a one- time fee of $123.91 after smart meter installation or $69.39 before installation and with a monthly charge of $9.72 in perpetuity; and WHEREAS complaints are already being heard about the smart meters or AMI devices being installed without notification or information to the customer of their rights to opt out; and WHEREAS adding to the unfairness of the approved fee structure are the increased electricity rates that customers who choose to opt out will be paying that will be used to pay for the installation and operation of meters they will not be using; andWHEREAS no provision has been made for low income customers who cannot afford these additional fees; and WHEREAS the report issued by the staff of the MPSC does not meet the standard of a significant investigation into the health and privacy concerns of residents; and WHEREAS during the comment period while MPSC was studying the smart meter issue 84% of comments received indicated customers would opt out or deny the installation of smart meters on their property; and WHEREAS electricity providers in Oakland County have not undertaken any major effort to explain the safety or necessity of these meters; and WHEREAS electricity providers are beginning the process of notifying residents of their intent to begin the smart meter program in this region without undertaking an effort at public education or giving customers adequate information about their rights not to participate; and WHEREAS the MPSC report cites the importance of public education in the success of this type of program, quoting the Maryland Public Services Commission "The negative experiences in other states . . . illustrate vividly that poor customer education will magnify small-scale problems and create disproportionate customer skepticism and unhappiness."\ andWHEREAS Article VII, Section 15 of the Michigan Constitution states "Any county, when authorized by its Board of Supervisors, shall have the authority to enter or to intervene in any action or certificate proceeding involving the services, charges or rates of any privately owned public utility furnishing services or commodities to rate payers within the county".NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby expresses its opposition to the opt-out fees approved for Advanced Metering Infrastructure in Michigan as unfair and excessive. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests electric utility providers to cease current efforts to install smart meters in Oakland County until such time as a thorough public education/awareness campaign is undertaken in the County to advise residents of their rights and protections for their health and safety.BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourage Michigan's Attorney General to continue his appeals on behalf of consumers for a sensible and fair approach to the introduction of this new technology.BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties; Attorney General Bill Schuette; the Michigan Public Services Commission; Consumers Power; Detroit Edison and the Oakiand County legislative lobbyists. "" ' ' - 11 'option of the foregoing Resolution. Commissibner District # "2-0 Commission District# /% Commissioner ^ Commissioner District # District # ^ Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Resolution #13229 The Chairperson referred the resolution to the objections. August 29, 2013 General Government Committee. There were no Resolution #13229 September 19, 2013 Moved by Long supported by Runestad the resolution be adopted. Moved by Long supported by Runestad the General Government Committee Report be accepted. Discussion followed. Moved by Taub supported by McGillivray to refer the resolution back to the General Government Committee. Discussion followed. Commissioner Runestad addressed the Board to object referring the resolution back to the General Government Committee. Discussion followed. Commissioner Hoffman addressed the Board to object referring the resolution back to the General Government Committee. Discussion followed. Commissioner Hatchett addressed the Board requesting that the resolution be on the 2nd General Government Committee meeting held on October 21, 2013. Discussion followed. Vote on resolution to be referred back to the General Government Committee: AYES: Hatchett, Jackson, Matis, McGiilivray, Middieton, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell. (16) NAYS: Gosselin, Hoffman, Long, Runestad, Scott. (5) A sufficient majority having voted in favor, the resolution be referred back to the General Government Committee and placed on the October 21, 2013 Agenda. Resolution #13229 October 30, 2013 Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES; Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). ODES,NUT REQUIRE C0yf.,Ty EXECUTIVE ACTION STATE OF MICHIGAN)COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 30, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 30th day of October 2013. Lisa Brown, Oakland County