Thursday, November 16, 2017

Medical, Disabilities And Discrimination Claims Can Be Filed Against States PUCs And Utilities

By Catherine J. Frompovich


According to Electrosmog Prevention, “Accommodations may be requested of the PUC or utility for qualifying disabilities or medical conditions [regarding EMFs/RFs radiation from AMI Smart Meters]. A discrimination complaint may be filed if accommodations aren’t met.” [1]


Furthermore,


Each state and local gov’t, including a municipal utility (run by local gov’t) is required to follow the Americans with Disabilities Act under Title II . Privately-owned utilities may be covered under Title III (see below). The ADA (more at www.ada.gov) is enforced by the US Dept. of Justice (US DOJ). Privately-owned utilities that accepted federal funding for smart meter and smart grid projects also must follow certain additional federal discrimination laws, such as Section 504 of the Rehabilitation Act of 1973 (as amended), as it applies to equal access to program benefits and services (equal access to essential utilities such as electricity and gas or water)**, with enforcement by the US Dept. of Energy. [1]


Note that much of the above information, Catherine J. Frompovich presented in her two Briefs with the Pennsylvania PUC’s Administrative Law court as a result of her November 2-3, 2016 pro se case hearing for refusing a PECO AMI Smart Meter based upon medical reasons, i.e., Catherine’s being a breast cancer survivor. It seems her pertinent and legal information may have been disregarded by everyone involved in her pro se case. How interesting, when Electrosmog Prevention cites “chapter and verse” of the laws that apply!





Additionally, Electrosmog Prevention reminds


People with qualifying disabilities**** under the ADA*** may wish to file a complaint against the state Public Utility Commission and the utility company involved, if they feel their rights have been violated through denial of accommodations for their disability or medical condition. The complaint(s) would be filed with the US Dept. of Justice (US DOJ) and/or the US Dept. of Energy for Section 504 complaints (see below). Please note that there may be a time limit from the date the discrimination occurred (may be 180 days or less).


There are several steps that need to be taken as stipulated on EP’s website under First Step and Second Step, which should be followed exactly as stated. There are many links within that article to follow for additional input.


Further down the EP website, more valuable information appears. However, EP suggests claimants may want to check in with an attorney for best results in your respective state:




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