Cynthia Randall and Paul Albrecht v. Pennsylvania Public Utility Commission

Summary

The Supreme Court of Pennsylvania issued a per curiam order addressing consolidated petitions for allowance of appeal involving smart-meter deployment by Pennsylvania electric utilities. The court granted allowance of appeal on limited statutory-interpretation and Public Utility Code issues concerning universal deployment, consumer opt-outs, and the burden of proof regarding smart-meter safety, while denying the remaining issues. The court also granted an application by the Energy Association of Pennsylvania to file an amicus brief.

Questions Presented

1. Whether Section 2807(f)(2) of the Pennsylvania Public Utility Code mandates universal deployment of smart meters.
2. Whether the Commonwealth Court abused its discretion or otherwise erred in interpreting the Public Utility Code concerning Act 129's smart-meter deployment mandate, including the rules of statutory construction and legislative intent.
3. Whether the Commonwealth Court erred in articulating a burden of proof under Section 1501 that could permit a utility to be found in violation without evidence of harm.
4. Whether Act 129 permits individual consumers to reject or opt out of smart-meter technology despite the statutory directive that electric distribution companies shall furnish smart-meter technology.
5. Whether the Commonwealth Court erred by upholding a PUC interpretation of Section 1501 requiring conclusive causal proof between radio-frequency exposure from smart meters and harm to petitioners.

Disposition

cert_granted