ED FRIEDMAN et al.
PUBLIC UTILITIES COMMISSION et al
November 3, 2015.
briefs: Bruce A. McGlauflin, Esq., Petruccelli, Martin &
Haddow, LLP, Portland, for appellants Ed Friedman et al.
D. McColman, Esq., Leslie E. Raber, Esq., and Mitchell M.
Tannenbaum, Esq., Maine Public Utilities Commission, Augusta,
for appellee Maine Public Utilities Commission.
W. Farber, Esq., Central Maine Power Company, Augusta, for
appellee Central Maine Power Company.
argument: Bruce A. McGlauflin, Esq., for appellants Ed
Friedman et al.
D. McColman, Esq., for appellee Maine Public Utilities
W. Farber, Esq., for appellee Central Maine Power Company.
SAUFLEY, C.J., and MEAD, GORMAN, JABAR, HJELM, and HUMPHREY,
[¶1] Ed Friedman and others (collectively,
Friedman) appeal from an order of the Maine Public Utilities
Commission finding that Central Maine Power Company's
(CMP) advanced metering infrastructure (AMI) system poses no
credible threat to the health and safety of CMP's
customers. On appeal, Friedman contends that (1) the
Commission applied an improper standard and burden of proof;
(2) the determination was not supported by substantial
evidence in the record; and (3) the two Commissioners serving
on the panel outlined differing rationales and therefore did
not concur in the decision. We affirm the Commission's
[¶2] The facts of this case were thoroughly
discussed in Friedman v. Public Utilities Commission
( Friedman I ), 2012 ME 90, ¶ 2, 48 A.3d 794,
wherein we noted that the genesis of this dispute was the
Commission's approval of CMP's AMI proposal in 2010.
This project provided CMP customers with " smart
meters" and other related devices that allowed CMP to
conduct automated and remote meter readings and to
communicate with customers' meters. In 2011, the
Commission initiated an investigation pursuant to 35-A M.R.S.
§ 1302(1) (2015) after receiving multiple complaints
regarding the safety of CMP's smart meters. Friedman
I, 2012 ME 90, ¶ ¶ 2-3, 48 A.3d 794.
Particularly, customers raised concerns about the potential
health effects of radiofrequency signals (RF) emitted by
smart meters. Id. ¶ 2. On May 19, 2011, and on
June 22, 2011, the Commission issued Parts I and II of its
Opt-Out Order, respectively, mandating that CMP provide
alternatives for its customers who want to opt out of the
smart meter program. Id. ¶ 3. The ...