Smart Meter Denial of Consent Notice

Following is a lawful strategy for denying consent for your electric company to install a smart meter on your home or business. It can also be reworded to demand that one be removed if already in place. While there are no guarantees that this notice will insure that your power company won’t 1 ) force you to accept a smart meter or 2) make you pay a monthly fee to opt out, many think this process is the best alternative to hopefully avoid both.

This is not legal advice. It is a common sense – ‘every day law’* – approach to notifying your electric company of your awareness and preferences while piercing their corporate veil at the same time. Corporations are themselves legal-fictions with living men and women officiating them.  This can be done without hiring an attorney.  As corporate veils were actually created by lawyers, it is unlikely any of them will help strategize to pierce it. Here is an example of an attorney’s failed effort to convince the power company to remove a smart meter from a woman’s home: attorney letter to PECO

It is important to ‘notice’ the officers of the corporation that you buy electricity from that you do not consent to having a smart meter installed on your home. Phone calls and/or petitions aren’t recognized in their corporate world, nor are Constitutional rights, as they are all under the commercial legal system a.k.a. the Uniform Commercial Code (UCC), whereas:

UCC § 1-202. Notice; Knowledge.

(a) Subject to subsection (f), a person has “notice” of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.

It is also important to understand that utility companies are highly regulated by the government. The authority of all regulatory bodies originated with the Federal Register Act (1935). To apply these regulations to their customers, utility companies must use the same legal definitions as the agencies that write them. This explains why your name on your bill from the power company is in all caps. The all caps entity on the bill is not a living man or woman, but is a legal-fiction “person”.

Federal Register and the Code of Federal Regulations (44 U.S.C. Chapter 15, Sec. 1501.Definitions)
”person” means an individual, partnership, association, or corporation (4 artificially created legal entities – not one a living being!)

Legal-fiction “persons” cannot be harmed by radiofrequencies, but living men, women and children can. This is why it is important to include the FACT that you are communicating to the power company as a living flesh and blood man or woman. [More details regarding the  legal-fiction “person”.]

Both a letter and a ‘notice’ should be sent together by certified mail (with a green return receipt) to the CEO and top officers of your electric company. The fact that the corporation that represents your public utility commission has approved the installation of smart meters, while making no assurances as to their safety, puts this issue right back into the lap of the private electric corporations. [See the beginning of the brilliant documentary Take Back Your Power by Josh del Sol.] The general population has no input regarding the appointment of public utility commissioners and no legal contract with any of them. These commissioners do not work for the people. We all do however, have contracts/agreements with our power companies.

The following sample letter and notices can be used as templates but they need to be personalized. The names of your electric company’s officers and the public utility commissioners can generally be found on the internet. The letter and the notice should be done in the name of the man or woman the utility account is under. The signature can either be notorized or validated by two witnesses.

The notice is a collection of indisputable facts. It is important to note that NONE of the players in the smart meter rollout are making any claims regarding the safety of this biologically damaging device. Therefore SAFETY IS THE ISSUE. In our dysfunctional legal system, consent is presumed unless specifically denied. The notice is designed to meet that requirement . . . officially deny consent, whereas, a phone conversation with an electric company employee does not qualify as officially denying consent.

Save a copy of the letter, the notice and the delivery receipts – that will contain the certified mail numbers.

NOTE: On both the letter and the SAMPLE SMART METER DENIAL OF CONSENT NOTICE items in red are to be personalized. We have included a fill-in-the-blank version of both the letter and the notice for those that don’t type.

It is not unheard of for the power company to ignore or refute your denial of consent, requiring that you repeat this process. Their first response might be to remind you that they aren’t offering the option to keep your analog meter. Send them a reminder that you have noticed them and that you still aren’t interested in altering your existing contract/agreement with them. Repeat if necessary.

If employees of the power company contact you and ask where you got this information, simply say “from others who share your concerns” and no more. The less said the better . . .

Here is the 8 page pdf containing

  • This description of why we are creating a notice and sending it to power company executives
  • Detailed instructions for creating and mailing the notice
  • Sample letter for the power company executives
  • Fill-in-the-blank letter for power company executives
  • Sample Smart Meter Denial of Consent Notice
  • Fill-in-the-blank Smart meter Denial of Consent Notice – for a witnessed signature
  • Fill-in-the-blank Smart meter Denial of Consent Notice – for a notarized signature

* – ‘Every day law’ refers to the myriad of legal entanglements that men and woman are requested or required to engage in via their signatures without the presence or advice of an attorney, such as surgical consent, driver’s licenses, automobile registrations, school registrations, bank accounts and agreements with utility corporations.

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