Deree J. Norman v. Pennsylvania Public Utility Commission

Summary

The Commonwealth Court of Pennsylvania affirmed the Pennsylvania Public Utility Commission’s dismissal of Deree J. Norman’s complaint against PECO Energy Company. The court held that Act 129 governs PECO’s deployment of smart meters and that the petitioner was not entitled to rely on 52 Pa. Code § 57.255(a) to require his written request before installation. The court also upheld termination proceedings based on his refusal to allow PECO access to replace his legacy meter.

Holdings

1. Act 129 governs PECO's universal smart-meter deployment obligations and supersedes any inconsistent customer-choice provision in the earlier advanced-metering regulations. Norman had no right to require PECO to obtain his written request before replacing his legacy AMR meter with an AMI smart meter.
2. PECO was authorized to commence termination proceedings because Norman refused to allow access to his meter for replacement.
3. The PUC's order did not conflict with or place the PUC in contempt of the prior Norman II order because that order addressed termination for nonpayment and did not eliminate PECO's right to obtain meter access or pursue termination for refusal of access.

Questions Presented

1. Whether the PUC properly determined that installation of an AMI smart meter was governed by Act 129 rather than 52 Pa. Code § 57.255(a).
2. Whether PECO could terminate or commence termination proceedings against Norman for refusing to provide access to replace his legacy AMR meter with an AMI smart meter.
3. Whether the PUC's order conflicted with the prior payment-arrangement order affirmed in Norman II or placed the PUC in contempt.

Disposition

affirmed