ACCEPTED
03-14-00661-CV
4251520
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/23/2015 4:01:27 PM
JEFFREY D. KYLE
No. 03-14-00661-CV CLERK
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS AT AUSTINFILED IN
3rd COURT OF APPEALS
DEVVY KIDD ET AL., AUSTIN, TEXAS
2/23/2015 4:01:27 PM
Appellants,
v. JEFFREY D. KYLE
Clerk
PUBLIC UTILITY COMMISSION OF TEXAS,
Appellee.
Appeal from the 419th Judicial District Court, Travis County, Texas
The Honorable Darlene Byrne, Judge Presiding
BRIEF OF APPELLEES AEP TEXAS CENTRAL COMPANY, AEP TEXAS
NORTH COMPANY, CENTERPOINT ENERGY HOUSTON ELECTRIC,
LLC, TEXAS-NEW MEXICO POWER COMPANY, AND ONCOR
ELECTRIC DELIVERY COMPANY LLC
Patrick J. Pearsall Dale Wainwright
State Bar No. 24047492 State Bar No. 00000049
ppearsall@dwmrlaw.com dale.wainwright@bgllp.com
DUGGINS WREN MANN & BRACEWELL & GIULIANI LLP
ROMERO, LLP 111 Congress Avenue, Ste. 2300
P. O. Box 1149
Austin, Texas 78701
Austin, Texas 78767-1149
(512) 744-9300 (512) 472-7800
(512) 744-9399 fax (800) 404-3970 fax
ATTORNEY FOR AEP TEXAS ATTORNEY FOR CENTERPOINT
CENTRAL COMPANY AND AEP ENERGY HOUSTON ELECTRIC, LLC
TEXAS NORTH COMPANY
Stephanie C. Sparks Jo Ann Biggs
State Bar No. 24042900 State Bar No. 02312400
ssparks@jw.com jbiggs@velaw.com
JACKSON WALKER L.L.P. VINSON & ELKINS LLP
901 Main St., Ste. 6000 2001 Ross Ave., Ste. 3700
Dallas, Texas 75202 Dallas, Texas 75201-2975
(214) 953-6000 (214) 220-7735
(214) 953-5822 fax (214) 999-7735 fax
ATTORNEY FOR TEXAS-NEW ATTORNEY FOR ONCOR ELECTRIC
MEXICO POWER COMPANY DELIVERY COMPANY LLC
ORAL ARGUMENT PROVISIONALLY REQUESTED
TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................... i
INDEX OF AUTHORITIES..................................................................................... ii
STATEMENT REGARDING ORAL ARGUMENT ............................................. iii
STATEMENT OF FACTS ........................................................................................1
SUMMARY OF THE ARGUMENT ........................................................................2
STANDARD OF REVIEW .......................................................................................3
ARGUMENT AND AUTHORITIES ........................................................................3
I. Sovereign immunity has not been waived. ......................................................3
II. The APA’s public hearing requirement applies only when an agency
adopts a rule. ....................................................................................................6
III. The Commission has seriously considered Appellants’ concerns about
advanced metering technology and allowed them to participate in
proceedings at the Commission. ....................................................................10
CONCLUSION AND PRAYER .............................................................................15
CERTIFICATE OF COMPLIANCE .......................................................................18
APPENDICES .........................................................................................................20
i
INDEX OF AUTHORITIES
Cases
El Paso Hosp. Dist. v. Texas Health & Human Servs. Comm’n,
247 S.W.3d 709 (Tex. 2008) ..................................................................................4
Texas Comm’n on Envtl. Quality v. Bonser-Lain,
438 S.W.3d 887 (Tex. App.—Austin 2014, no pet.) .................................... 3, 5, 9
Texas Dep’t of Parks & Wildlife v. Miranda,
133 S.W.3d 217 (Tex. 2004) .................................................................................3
Statutes
Tex. Gov’t Code Ann. § 311.034 ...........................................................................4, 5
Tex. Gov’t Code Ann. § 2001.021 .................................................................... 1, 5, 6
Tex. Gov't Code Ann. § 2001.023 .............................................................................8
Tex. Gov’t Code Ann. § 2001.029 .................................................................... 6, 7, 8
Tex. Gov’t Code Ann. § 2001.035 ................................................................ 2, 4, 5, 8
Tex. Gov’t Code Ann. § 2001.038.............................................................................5
Tex. Gov't Code Ann. § 2001.171 .............................................................................5
Other Authorities
S. Rep. No. 752, 79th Cong., 1st Sess., pt. 4, at 201 (1945)......................................7
Rules
16 Tex. Admin. Code § 22.282 ..................................................................................6
16 Tex. Admin. Code § 25.133 ................................................................... 12, 13, 14
Commission Proceedings
Pub. Util. Comm’n of Texas, Project No. 40404, Petition for Initiation of
Rulemaking Proceedings Regarding Smart Meters ........................................ 1, 10
Pub. Util. Comm’n of Texas, Project No. 41111, Rulemaking Related to
Advanced Metering Alternatives ................................................................... 12, 13
Pub. Util. Comm’n of Texas, Project No. 40190, Project Relating to
Advanced Metering Issues ....................................................................... 10, 11, 12
ii
STATEMENT REGARDING ORAL ARGUMENT
If the Court believes oral argument will aid its decisional process, Appellees
AEP Texas Central Company, AEP Texas North Company, CenterPoint Energy
Houston Electric, LLC, Texas-New Mexico Power Company, and Oncor Electric
Delivery Company LLC (collectively, “Utility Appellees”), will be available to
address the Court’s questions or concerns. However, the Utility Appellees do not
believe that oral argument is necessary to resolve the issues in this case. This case
concerns only the straightforward application of the doctrine of sovereign
immunity and the construction of unambiguous statutory provisions.
iii
STATEMENT OF FACTS
The Commission proceeding from which Appellants filed their appeal
involved a request to the Commission under Administrative Procedure Act (APA)
§ 2001.021 in May 2012 “to initiate and conduct rulemaking procedures… relating
to the deployment of smart meters by electrical utilities and others as part of their
Advanced Metering System (AMS) program.” See Clerk’s Record (CR) at 20 (Pub.
Util. Comm’n of Texas, Petition for Initiation of Rulemaking Proceedings
Regarding Smart Meters, Project No. 40404, Order Denying Petition for
Rulemaking at 1 (July 13, 2012) (“Project No. 40404”)). The Commission
docketed Appellants’ rulemaking petition in Project No. 40404. In June 2012, the
Appellants requested the Commission to hold a public hearing on the issues raised
in their petition for a rulemaking. Rather than initiate a rulemaking proceeding as
a result of the Appellants’ petition, in July 2012, the Commission issued an order
denying the petition for a rulemaking and explained that it was denying the petition
“because the Commission has another project to address Petitioners’ concerns
about smart meters, Project No. 40190, PUC Proceeding to Evaluate the
Feasibility of Instituting a Smart Meter Opt-out Program.” See id. at 24-25
(Project No. 40404, Order Denying Petition for Rulemaking at 5-6). The
Appellants then initiated judicial review of the Commission’s order.
1
The Commission did ultimately adopt a rule addressing advanced metering
service in Project No. 41111. As discussed below, several of the Appellants
participated in Project No. 41111. None of the Appellants, however, challenged the
validity of or otherwise appealed the rule promulgated in Project No. 41111.
In addition to the facts stated above, the Utility Appellees adopt and
incorporate herein Appellee Texas Public Utility Commission’s Statement of
Facts, as set forth in its Appellee’s Brief filed on February 23, 2015.
SUMMARY OF THE ARGUMENT
In this appeal, Appellants contend they are not seeking judicial review of the
Commission’s decision denying their petition for rulemaking in Project No. 40404.
See Appellants’ Brief at 10 (“this is not an appeal of the denial of a rulemaking”).
Instead, Appellants claim they seek judicial review of the Commission’s denial of
their request for a public hearing in that project. Appellants argue that APA
§ 2001.035 waives sovereign immunity with respect to their lawsuit. Id. at 12-19.
APA § 2001.035, however, applies only to a rule actually adopted by an agency.
Tex. Gov’t Code Ann. § 2001.035(a) (applies to “a rule ... a state agency adopts
....”) (emphasis added). The Commission did not adopt a rule in Project No. 40404.
Thus, APA § 2001.035 does not provide jurisdiction for Appellants’ suit.
Therefore, the suit is barred by the well-established doctrine of sovereign
immunity.
2
In addition to the points discussed below, the Utility Appellees adopt and
incorporate herein the arguments of the Commission in its Appellee’s Brief.
STANDARD OF REVIEW
A trial court’s order granting a plea to the jurisdiction is reviewed de novo.
See Texas Dep’t of Parks & Wildlife v. Miranda,
133 S.W.3d 217, 225-26 (Tex.
2004); see also Texas Comm’n on Envtl. Quality v. Bonser-Lain,
438 S.W.3d 887,
892-93 (Tex. App.—Austin 2014, no pet.). To determine whether a plaintiff has
affirmatively demonstrated the trial court’s subject-matter jurisdiction to hear a
case, a reviewing court considers the facts alleged in the petition along with any
evidence submitted by the parties, to the extent such evidence is relevant to the
jurisdictional issue. Miranda, 133 S.W.3d at 227. The pleadings are construed in
the plaintiff’s favor, taking all factual assertions as true and looking to the
plaintiff’s intent. Id. at 226-27. If the pleadings affirmatively negate jurisdiction,
then the plea to the jurisdiction must be granted. Id.
ARGUMENT AND AUTHORITIES
I. Sovereign immunity has not been waived.
A trial court lacks subject-matter jurisdiction over lawsuits against the State
and its agencies absent an express waiver of sovereign immunity. Id. at 224. And
this rule applies to judicial review of agency administrative actions. Bonser-Lain,
3
438 S.W.3d at 893. A waiver of immunity must be expressed by clear and
unambiguous language. Tex. Gov’t Code Ann. § 311.034.
Appellants contend that APA § 2001.035 waives sovereign immunity with
respect to their appeal of the Commission’s refusal to hold a public hearing in
Project No. 40404. See Appellants’ Brief at 12-19. The plain language of that
provision, however, makes clear that it does not apply to this case.
APA § 2001.035 states, in relevant part, as follows:
(a) A rule is voidable unless a state agency adopts it in substantial
compliance with Sections 2001.0225 through 2001.034.
(b) A person must initiate a proceeding to contest a rule on the
ground of noncompliance with the procedural requirements of
Sections 2001.0225 through 2001.034 not later than the second
anniversary of the effective date of the rule.
Tex. Gov’t Code Ann. § 2001.035(a)-(b) (emphasis added).
Nothing in APA § 2001.035 expressly waives sovereign immunity when an
agency denies a petition for rulemaking or a request for a hearing to initiate a
rulemaking. There is no question that a rule is invalid when an agency
promulgates it without complying with the proper rulemaking procedures. See El
Paso Hosp. Dist. v. Texas Health & Human Servs. Comm’n,
247 S.W.3d 709, 715
(Tex. 2008) (citing Tex. Gov’t Code Ann. § 2001.035(a)). But Appellants do not
challenge the validity of a rule. More importantly, the Commission did not adopt a
rule in the underlying docket. Consequently, APA § 2001.035 does not apply.
4
The legislature has unambiguously expressed its intent to waive sovereign
immunity to allow judicial review of certain types of agency decisions under the
APA. See, e.g., Tex. Gov’t Code Ann. § 2001.038 (permitting a suit for declaratory
relief to determine the validity or applicability of a rule) and § 2001.171
(providing, under certain circumstances, an independent right to judicial review of
a final decision in a contested case). The APA, however, is silent with respect to
whether a person may appeal, or otherwise challenge, the denial of a hearing
request where the Commission did not adopt a rule. And, APA § 2001.035, the
provision Appellants rely upon for jurisdiction, includes compliance with APA
§§ 2001.0225 through 2001.034 and tellingly excludes from its purview
§ 2001.021, the provision under which Appellants filed their petition for a
rulemaking in Project No. 40404.
In Bonser-Lain, this Court held that the APA’s “deliberate silence” with
respect to agency decisions on petitions for rulemaking established that the “APA
does not provide a right to judicial review of an agency’s refusal to adopt rules.”
438 S.W.3d at 894. Statutory “silence” is not a “clear and unambiguous” waiver of
immunity to enable a suit against a state. Tex. Gov’t Code Ann. § 311.034. The
same rule applies here.
5
II. The APA’s public hearing requirement applies only when an agency
adopts a rule.
The crux of Appellants’ complaint is that the Commission erred in denying
their request for a rulemaking without first holding the public hearing they
requested under APA § 2001.029 and 16 Tex. Admin. Code § 22.282(d).
Appellants’ reliance on these provisions is misplaced.
Section 2001.029 provides that “[a] state agency shall grant an opportunity
for a public hearing before it adopts a substantive rule if a public hearing is
requested by: (1) at least 25 persons ....” Tex. Gov’t Code Ann. § 2001.029(b)(1).
Similarly, 16 Tex. Admin. Code § 22.282(d) provides that the Commission may
initiate a rulemaking project by publishing notice in accordance with the rules, and
that a public hearing on a proposed rule “shall be granted if requested by at least 25
persons.” 16 Tex. Admin. Code § 22.282(d). Both provisions deal with
rulemakings that have already been initiated, not a petition for initiation of a
rulemaking.1 Moreover, neither provision provides a petitioner the right to a public
hearing on a petition for rulemaking.
1
A petition for the initiation of rulemaking is governed by APA § 2001.021, which
provides a state agency with only two options for addressing the petition: (1) deny the petition in
writing, stating its reasons for the denial or (2) initiate a rulemaking proceeding. Tex. Gov’t
Code Ann. § 2001.021(c). The rulemaking provisions (such as a public hearing under APA
§ 2001.029) only apply after the Commission has decided to initiate a rulemaking proceeding. Id.
§ 2001.029(b).
6
Even if an actual rulemaking proceeding is initiated (which did not happen
in the instant case), APA § 2001.029 requires a hearing only if a rule is actually
adopted – “[a] state agency shall grant an opportunity for a public hearing before it
adopts a substantive rule ....” Tex. Gov’t Code Ann. § 2001.029(b) (emphasis
added). If the agency ultimately takes no action, there is no requirement to hold a
hearing.
The legislative history of analogous provisions of the federal APA further
rebuts Appellants’ alleged right to a public hearing in this case. Specifically, the
Senate Judiciary Committee Report on the federal APA states the following with
respect to petitions for rulemaking:
The mere filing of a petition does not require an agency to grant it, or
to hold a hearing, or engage in any other public rule making
proceedings. The refusal of an agency to grant the petition or to hold
rule making proceedings, therefore, would not per se be subject to
judicial reversal.
S. Rep. No. 752, 79th Cong., 1st Sess., pt. 4, at 201 (1945) (emphasis added).
Appellants argue this cannot be correct because it would allow the
Commission to play a “shell game” to eliminate a party’s right to a hearing “by
simply failing to complete the adoption of the specific rule for which the hearing
was requested” and then proposing its own rule on the same subject in a separate
proceeding. See Appellants’ Brief at 19 & 21. Appellants insist this could mean
7
“that no public hearing on a rulemaking would ever have to be held at all.” Id. at
21. Appellants are wrong.
It is true that the Commission is not required to hold a hearing if it does not
adopt a rule. But the Commission cannot adopt a rule without holding a hearing
when properly requested. Any rule adopted in violation of the public hearing
requirement in APA § 2001.029 is voidable. See Tex. Gov’t Code Ann.
§ 2001.035(a).
If the Commission proposes a similar rule in a separate proceeding, as
Appellants suggest, it must also provide notice of its intent to adopt the proposed
rule. See id. § 2001.023. A party can then participate in the new rule rulemaking
proceeding and request a hearing, which, as discussed below, is exactly what
Appellants did.
Appellants’ characterization of the Commission's discretion to manage its
rulemaking docket as a “shell game” is a fiction. Appellants not only had an
opportunity to participate in a public hearing in another project (Project No. 41111)
on the same matters at issue, but Appellants failed to appeal the rule the
Commission actually adopted in that proceeding. Appellants point to no legislative
requirement that the Commission must hold a separate hearing on any petition for
rulemaking so long as twenty-five people request the hearing. Appellants’
unbridled interpretation of the statute would mandate hearings regardless of
8
whether a petition is duplicative of a pending rulemaking (as was the case with
Project Nos. 40404 and 40190) or is simply a verbatim recitation of a previously
rejected petition. This would create a limitless waste of agency resources, and
Appellants have provided no valid reason to justify such an interpretation.
Appellants’ claim of “a right without a remedy” is inapposite. For one,
Appellants did not have a right to a public hearing. Appellants, therefore, do not
have a remedy to appeal the denial of their hearing. Appellants tellingly confuse
the right to a hearing after a rulemaking proceeding has been opened with the
Commission’s discretionary function to grant or deny a petition for a rulemaking.
Appellants did have a “remedy” to address issues with the advanced metering
service rule adopted in Project No. 41111. Appellants could have appealed the
adopted rule and challenged the rulemaking process. They chose not to avail
themselves of the available remedy.
In sum, Appellants have not cited any clear waiver of sovereign immunity
that applies to their lawsuit. This Court has already ruled that the APA does not
provide a right to judicial review of an agency’s refusal to adopt rules. See Bonser-
Lain, 438 S.W.3d at 894. Similarly, the APA does not permit an appeal of an
agency’s refusal to hold a hearing in a proceeding in which the agency did not
adopt a rule. It is only when the Commission initiates a rulemaking and actually
adopts a rule that a hearing must be held when properly requested, as the
9
Commission did in Project No. 41111. Therefore, the trial court correctly granted
the Commission’s plea to the jurisdiction.
III. The Commission has seriously considered Appellants’ concerns about
advanced metering technology and allowed them to participate in
proceedings at the Commission.
While not pertinent to the legal question of sovereign immunity, the
impression Appellants attempt to create is that the Commission ignored their
asserted concerns regarding advanced metering technology. That is not accurate.
Instead of ignoring Appellants’ concerns, the Commission gave appropriate
consideration to the matters raised by Appellants and accorded them two
opportunities to participate in a public hearing and present oral testimony and
supporting information on these matters.
Prior to Appellants’ petition for a rulemaking in Project No. 40404, the
Commission initiated an investigative proceeding in Project No. 40190 to look into
issues related to advanced meters, including health and safety matters.2 In its order
denying Appellants’ petition for a rulemaking, the Commission notified Appellants
that it intended to consider the issues raised by them in Project No. 40190. See CR
at 24-25 (Project No. 40404, Order Denying Petition for Rulemaking at 5-6). The
2
See Pub. Util. Comm’n of Texas, Project Relating to Advanced Metering Issues, Project
No. 40190, Final Details for August 21st Public Forum on Advanced Metering & Related Issues
(Aug. 20, 2012) (“Project No. 40190”). A copy of this document is included in Appendix A. The
document can be found at:
(last visited on February 23, 2015).
10
Commission also transferred Appellants’ comments from Project No. 40404 to
Project No. 40190.3 Appellants were given the opportunity to participate in the
public forum held in Project No. 40190 on August 21, 2012, and several individual
Appellants presented testimony and submitted information at this public forum.4
On December 17, 2012, after considering and evaluating the academic
literature on radio frequency (“RF”) and electromagnetic frequency (“EMF”)
emissions from advanced meters, the PUC Staff filed a report in Project No.
40190.5 The PUC Staff concluded that “the large body of scientific research
reveals no definite or proven biological effects from exposure to low-level RF
signals” and further stated that it “had found no credible evidence to suggest that
advanced meters emit harmful amounts of EMF.”6
3
See generally Project No. 40190, Item Nos. 399-517 (July 24, 2012) (transferred
comments from Project No. 40404). The list of filings in Project No. 40190 can be found at
http://interchange.puc.texas.gov/WebApp/Interchange/application/dbapps/filings/pgControl.asp?
TXT_UTILITY_TYPE=A&TXT_CNTRL_NO=40190&TXT_ITEM_MATCH=1&TXT_ITEM
_NO=&TXT_N_UTILITY=&TXT-
n_FILE_PARTY=&TXT_DOC_TYPE=ALL&TXT_D_FROM&TXT_D_TO=&TXT_NEW=tr
ue (last visited on February 23, 2015).
4
See Appendix A at 2-3 (listing Appellants Devvy Kidd, Thelma Taormina, and Beth
Biesel as “Invited” or “Public & Stakeholder Comment” participants).
5
See Project No. 40190, Staff Report on Health and Radiofrequency Electromagnetic
Fields from Advanced Meters, Introductory Memorandum (Dec. 17, 2012). This document is
included in Appendix B. The full report can be found at:
(last visited on February 23, 2015).
6
Id. at 1.
11
On January 7, 2013, the Commission initiated project No. 41111, a proposed
rulemaking proceeding, to consider adoption of a rule relating to advanced
metering alternatives. On February 21, 2013, the Commission issued its proposed
rule, 16 Tex. Admin. Code § 25.133, for a smart meter opt-out in Project No.
41111.7 On the same day, the Commission provided the petitioners in Project No.
40190 with notice of the proposed rule.8 The Commission accepted written public
comment on its proposed rule in April 2013. As part of the public comment
process in Project No. 41111, Appellants submitted extensive written materials on
their health and safety concerns regarding advanced meters.9
7
See Pub. Util. Comm’n of Texas, Project No. 41111, Rulemaking Related to Advanced
Metering Alternatives, Proposal for Publication on New 25.133 and Amendment to 25.214 as
Approved at the February 14, 2013 Open Meeting (Feb. 21, 2013) (“Project No. 41111”),
published in 38 Tex. Reg. 1328 (Mar. 1, 2013). This document can be found at:
http://interchange.puc.state.tx.us/WebApp/Interchange/Documents/41111_6_750581.PDF>
(last visited on February 23, 2015).
8
See Project No. 40190, Information on Proposed Rule (Feb. 21, 2013). This document is
included in Appendix C. This document can also be found at:
(last visited on February 23,
2015).
9
See Project No. 41111, Hearing Submissions & Proposals (April 19, 2013). Appellants’
submission can be found at:
(last visited on February 23,
2015).
12
On March 29, 2013, the Texas Eagle Forum, whose members include certain
of the Appellants, requested that a public hearing be held in Project No. 41111.10
On April 10, 2013, the Commission issued a notice that a public hearing would be
held on April 19, 2013 in Project No. 41111.11 At this public hearing, Appellants’
attorney (David Tuckfield at the time) and several of the individual Appellants
testified about the meters.12
On August 15, 2013, the Commission issued its order adopting 16 Tex.
Admin. Code § 25.133, which provides a mechanism for a customer who does not
want an advanced meter to opt out.13 In its order adopting this rule, the
Commission addressed Appellants’ health and safety concerns. The Commission
stated that:
10
See Project No. 41111, Request for Hearing (Mar. 29, 2013). The Texas Eagle Forum’s
hearing request is included in Appendix D. The pleading can also be found at:
(last visited on February 23, 2015).
11
See Project No. 41111, Notice of Public Hearing (April 10, 2013). A copy of the
Commission’s notice is included in Appendix E. The notice can also be found at: <
http://interchange.puc.state.tx.us/WebApp/Interchange/application/dbapps/filings/pgSearch_Res
ults.asp?TXT_CNTR_NO=41111&TXT_ITEM_NO=16> (last visited on February 23, 2015).
12
See Project No. 41111, Order Adopting New 25.133 and Amendments to 25.214 as
Approved at the August 9, 2013 Open Meeting at 1-2 (Aug. 15, 2013), published in 38 Tex. Reg.
5452 (Aug. 23, 2013) (listing Appellants Devvy Kidd, Nick and Thelma Taormina, and Beth
Biesel and Appellants’ attorney at that time, David Tuckfield, as participating in and testifying at
the hearing held in Project No. 41111, in addition to submitting written comments). A copy of
the Commission’s order in Project No. 41111, excluding attachments, is included in Appendix F.
The order can also be found at:
(last visited on February 23, 2015).
13
Id. at 55.
13
Public Commenters provided anecdotal information related to
negative health effects they attribute to the installation of advanced
meters. David Tuckfield, representing the petitioners in Project No.
40404 (Petitioners), commented that the commission should conduct a
study of the health effects of advanced metering and provide the
public with information regarding health and safety. …
The commission acknowledges the comments made by Public
Commenters Mr. Biesel, Ms. Biesel, Mr. Tuckfield, Mr. Allen, Mr.
Ramsland, Mr. Hemphill, and the Petitioners. The commission
evaluated health, privacy, and operational concerns against
advanced meters and concluded that the concerns are unwarranted.
However, through this rulemaking the commission is giving
customers the right to choose metering service that does not require
use of advanced meters. As with other non-standard services,
customers choosing this non-standard metering service will be
required to pay the costs for the service.14
Despite their claims to the contrary, Appellants did provide written
materials, testimony and comments in public hearings before the Commission
regarding their concerns about advanced metering systems. Moreover, Appellants
failed to appeal the rule promulgated in Project No. 41111. Accordingly, while not
pertinent to the legal issue of sovereign immunity, the Commission has given
serious consideration to the matters Appellants raised and on two occasions
accorded Appellants the opportunity for the public hearing they would have this
Court believe they were denied.
14
Id. at 22 and 24 (emphasis added).
14
CONCLUSION AND PRAYER
For the foregoing reasons, Appellees AEP Texas Central Company, AEP
Texas North Company, CenterPoint Energy Houston Electric, LLC, Texas-New
Mexico Power Company, and Oncor Electric Delivery Company LLC, respectfully
request that this Court affirm the trial court’s Order Granting Defendant’s Plea to
the Jurisdiction and dismissing the cause for want of subject-matter jurisdiction,
and further request all other relief to which they may show themselves entitled.
Respectfully submitted,
Rhonda Colbert Ryan
State Bar No. 17478800
rcryan@aep.com
AMERICAN ELECTRIC POWER
SERVICE CORP.
400 W. 15th St., Ste. 1500
Austin, Texas 78701
(512) 481-3321
(512) 481-4587 fax
15
Patrick Pearsall
State Bar No. 24047492
ppearsall@dwmrlaw.com
DUGGINS WREN MANN & ROMERO, LLP
P.O. Box 1149
Austin, Texas 78767
(512) 744-9300
(512) 744-9399 (fax)
/s/ Patrick Pearsall
Patrick Pearsall
ATTORNEYS FOR APPELLEES
AEP TEXAS CENTRAL COMPANY
AND AEP TEXAS NORTH COMPANY
Dale Wainwright
State Bar No. 00000049
Dale.Wainwright@bgllp.com
Davison Grant
State Bar No. 08300010
Davison.Grant@bgllp.com
Lindsay Hagans
Lindsay.Hagans@bgllp.com
State Bar No. 24087651
BRACEWELL & GIULIANI LLP
111 Congress Avenue, Ste. 2300
Austin, Texas 78701
(512) 472-7800
(800) 404-3970 fax
Jason M. Ryan
State Bar No. 24033150
Jason.ryan@centerpointenergy.com
Assistant General Counsel
CENTERPOINT ENERGY SERVICE
COMPANY, LLC
1111 Louisiana Street, Ste. 4669
Houston, Texas 77002
16
(713) 207-7261
(713) 574-2661 fax
/s/ Dale Wainwright
Dale Wainwright
ATTORNEYS FOR APPELLEE
CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC
Patrick R. Cowlishaw
State Bar No. 04932700
pcowlishaw@jw.com
Stephanie C. Sparks
State Bar No. 24042900
JACKSON WALKER L.L.P.
901 Main St., Ste. 6000
Dallas, Texas 75202
(214) 953-6000
(214) 953-5822 fax
Scott Seamster
State Bar No. 00784939
Scott.seamster@pnmresources.com
Corporate Counsel
TEXAS-NEW MEXICO POWER COMPANY
225 E. John Carpenter Fwy., Ste. 1500
Irving, Texas 75062
(469) 484-8577
(469) 484-8033 fax
/s/ Stephanie C. Sparks
Stephanie C. Sparks
ATTORNEYS FOR APPELLEE
TEXAS-NEW MEXICO POWER COMPANY
17
Jo Ann Biggs
State Bar No. 02312400
jbiggs@velaw.com
Cortney C. Thomas
State Bar No. 24075153
cthomas@velaw.com
VINSON & ELKINS LLP
2001 Ross Ave., Ste. 3700
Dallas, Texas 75201-2975
(214) 220-7735
(214) 999-7735 fax
/s/ Jo Ann Biggs
Jo Ann Biggs
ATTORNEYS FOR APPELLEE
ONCOR ELECTRIC DELIVERY
COMPANY LLC
CERTIFICATE OF COMPLIANCE
I certify that this document contains 3,388 words in the portions of the
document that are subject to the word limits of Texas Rule of Appellate Procedure
9.4(i), as measured by the undersigned’s word-processing software.
/s/ Patrick J. Pearsall
Patrick J. Pearsall
18
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 9.5, I certify that on the
23rd day of February, 2015, the foregoing document was electronically filed with
the Clerk of the Court using the electronic case filing system of the Court, and that
a true and correct copy was served on the following lead counsel for all parties
listed below via electronic service:
Roger B. Borgelt
BORGELT LAW
614 S. Capital of Texas Highway
Austin, Texas 78746
Counsel for Appellants Devvy Kidd, et al.
Kellie E. Billings-Ray
OFFICE OF THE ATTORNEY GENERAL
Environmental Protection Div.
P. O. Box 12548, MC-066
Austin, Texas 78711-2548
Counsel for Appellee Public Utility Commission of Texas
/s/ Patrick J. Pearsall
Patrick J. Pearsall
19
APPENDICES
A. Pub. Util. Comm’n of Texas, Project Relating to Advanced Metering Issues,
Project No. 40190, Final Details for August 21st Public Forum on Advanced
Metering & Related Issues (Aug. 20, 2012)
B. Pub. Util. Comm’n of Texas, Project Relating to Advanced Metering Issues,
Project No. 40190, Staff Report on Health and Radiofrequency
Electromagnetic Fields from Advanced Meters, Introductory Memorandum
(Dec. 17, 2012)
C. Pub. Util. Comm’n of Texas, Project Relating to Advanced Metering Issues,
Project No. 40190, Information on Proposed Rule (Feb. 21, 2013)
D. Pub. Util. Comm’n of Texas, Project No. 41111, Rulemaking Related to
Advanced Metering Alternatives, Request for Hearing (Mar. 29, 2013)
E. Pub. Util. Comm’n of Texas, Project No. 41111, Rulemaking Related to
Advanced Metering Alternatives, Notice of Public Hearing (April 10, 2013)
F. Pub. Util. Comm’n of Texas, Project No. 41111, Rulemaking Related to
Advanced Metering Alternatives, Order Adopting New 25.133 and
Amendments to 25.214 as Approved at the August 9, 2013 Open Meeting
(Aug. 15, 2013)
20
APPENDIX A
Final Details for 8-21-12 Public Forum
Public Utility Commission of Texas
Memorandum
To: All Interested Parties
From: Christine Wright, Infrastructure & Reliability Division
Jacob Lawler & Joseph Younger, Legal Division
Date: August 20, 2012
Re: Project No. 40190: Project Relating to Advanced Metering Issues: August
21st Public Forum – Important Information including the Final Agenda,
Meeting Procedures and Speakers Roster
Attached is important information for interested parties regarding the Public Forum.
This Forum will be open to the public and will be held in the Reagan Building located
at the corner of 15th Street and Congress. Parking is available on the street, at the
Capitol Visitors Parking Lot (at the corner of 13th Street and Trinity) and at the Bob
Bullock History Museum Parking Garage (at the corner of 18th Street and Congress).
The final agenda is attached. The Speakers Roster contains the names of individuals
that have agreed in advance to speak at the Public Forum as of 10:00 a.m., August
20th. If you send a request to speak after this has been filed, your name will added to
the list by staff. Same-day sign-up will be allowed, although space will be limited.
If you are a speaker, you are not required to file written comments summarizing your
position in this project.
The meeting will begin at 10:00 a.m. All speakers must sign-in beforehand. Sign In
begins promptly at 9:30 a.m. We will be taking a lunch break.
This meeting will be broadcast live, and can be accessed on the Commission webpage
at: http://www.puc.state.tx.us/agency/topic_files/40190_Forum.aspx.
This broadcast will remain online and available for viewing after the meeting.
Transcripts will also be available following the meeting. They can be accessed by
contacting Kennedy Reporting at http://www.kennedyreporting.com/
1
PROJECT NO. 40190
PROJECT RELATING TO § PUBLIC UTILITY COMMISSION
ADVANCED METERING §
ISSUES § OF TEXAS
Public Forum
Community Input on Advanced Meters and Related Topics
August 21, 2012
Location: Reagan Building, 105 West 15th St.
Room HGR-140/Overflow in Room 110
Sign In Begins: 9:30 A.M.
Start Time: 10:00 A.M.
I. Welcome Remarks
II. Overview of Meeting Procedures
III. Staff Introduction
IV. Public Official Comments
V. Invited Comments
A. ERCOT ISO (Joel Mickey)
B. We The People Are The 9-12 Association, Inc. (Thelma Taormina)
C. Pecan Street (Brewster McCracken)
D. Ban Texas Smart Meters (Cindy Carriger)
E. Texas is Hot
F. Devvy Kidd
G. City of Houston (Tina Paez)
H. Citizen Lobbyist Network & Texas 10th Amendment Center (Sharlyn Wall)
I. Smolen & Fox, Smolen & Associates (Paul Smolen)
J. Texans Against Smart Meters (John Marler)
K. Public Citizen (Tom “Smitty” Smith)
VI. Utility Response Panel
VII. Expert Panel
A. Brent Bullock (Technical Consultant)
B. Rob Kavet, ScD (Senior Technical Executive, EPRI)
C. Curtis Bennett (Chief Science Officer, Building Construction Engineering Technologist
Adjunct Faculty For 2 Education Groups Thermografix Consulting Corporation)
D. Robert Hebner, Ph.D. (Director, Center for Electromechanics, University of Texas at
Austin)
VIII. Consumer & Stakeholder Comments
2
Speakers Roster
Project 40190: Public Forum for Community Input on Advanced Meters & Related Topics
August 21, 2012
Invited Comments Organization
Joel Mickey ERCOT ISO
Thelma A. Taormina We the People/912 Commission
Brewster McCracken Pecan Street
Cindy Carriger Ban Texas Smart Meters
TBA Texas is Hot
Devvy Kidd
Tina Paez City of Houston
Sharlyn Wall Citizen Lobbyist Network & Texas 10th Amendment Center
Paul Smolen Fox Smollen & Associates
John Marler Texans Against Smart Meters
Tom "Smitty" Smith Public Citizen
Utility Response Panel Organization
TBA Oncor Electric Delivery
TBA Oncor Electric Delivery
TBA Texas New Mexico Power
TBA Texas New Mexico Power
TBA CenterPoint Energy Houston Electric
TBA CenterPoint Energy Houston Electric
TBA AEP Texas
TBA AEP Texas
Expert Panel Organization
Brent Bullock Technical Consultant
Rob Kavet, ScD Senior Technical Executive, EPRI
Curtis Bennett Chief Science Officer, Thermografix Consulting Corporation
Robert Hebner, Ph.D. Director, Center for Electromechanics, UT Austin
Public Official Testimony Organization
Mayor Allen Owen Missouri City
Mayor Marcus E. Knight Lancaster
Mayor Greg Wortham Sweetwater
Public & Stakeholder Comment Organization/Location
Beth Biesel Dallas
Terry L. Guy Spring
April Arfa ECO Development Group LLC
Phillip McDonough Montgomery
Tracy Stephens Hurst
Tracy Eubanks Carrollton
Ward Hansen Arlington
Brenda Crockett Champion Energy
Ned Ross Direct Energy
Ginger Russell Texas Patriots Lax
Steve Davis ARM
Janise Cookston We Texans
Thomas A. Bazan Houston
3
Public Forum
Important Information and Meeting Procedures
Updated Monday, August 20th, 2012
The purpose of this Public Forum is for the Public Utility Commission of Texas (Commission) to
receive public comment on issues relating to advanced meters. The goal of the forum is to
receive comments from multiple perspectives in order to better inform the Commission’s
decision-making process. The Commission will not take a vote at the Public Forum on any
proposal presented at the forum. The Public Forum is also not a debate. It is an opportunity for
the public to be heard. The Commission encourages public attendance and participation at this
Public Forum. Participants are expected to follow the outlined procedures to ensure fairness to
all parties and to maintain an orderly and efficient proceeding.
Participation Welcomed and Encouraged
Participation by members of the public at this Public Forum is welcomed and encouraged. The
following procedures for the forum have been designed to produce the most efficient and
effective process for allowing the public to provide comments to the Commission. The
Commission reserves the right to change these procedures as it deems necessary in order to allow
the forum to function as efficiently as possible.
What to Expect
The Public Forum will begin promptly at the published start time.
Doors to the meeting room will open approximately 30 minutes before the published start
time.
A modified agenda and a Speakers Roster is attached.
How to Participate
Each person already on the published Speakers Roster will still need to sign-in on the day
of the Forum.
- There will be additional, but limited, time for participants who are not on the
published Speakers Roster to speak at the Public Forum. Same day sign-up will
be available between 9:30 a.m. and 10:00 a.m. at the sign-in table.
Invited Comments
Speakers will be taken in the order that they appear on the Roster. Any speaker may
yield his time to another speaker on the list in order to give a single speaker a maximum
of 20 minutes speaking time. Each speaker has a maximum of 5 minutes.
Invited and Expert comments should not be redundant.
Speakers should present all comments as briefly as possible.
Speakers must remain courteous and respectful at all times.
4
Consumer & Stakeholder Comments
Each speaker will be asked to fill out a speaker card when signing in, prior to the start of
the Public Forum.
Speakers will be taken in the order that they appear on the Roster. We have set a time-
limit to ensure as many speakers as possible have the opportunity to speak. Each speaker
has 3 minutes to speak.
Any speaker may yield his time to another speaker on the list in order to give a single
speaker a maximum of 15 minutes speaking time.
Public comments should not be redundant.
Speakers should present all comments as briefly as possible.
Speakers must remain courteous and respectful at all times.
Groups
If a group of individuals wishes to address the Commission on the same topic, the group
must designate one spokesperson. That spokesperson will be allowed to speak only
during the time allotted.
Prohibitions
Those in attendance are asked to please refrain from disrupting the meeting by making
noise of any kind (this includes shouting, whistling, applauding, and the use of noise-
making devices).
Those in attendance are asked to please refrain from bringing signs, banners, or other
similar items into the meeting room.
The Commission will not receive public comment at this Forum unless it appears on the
posted agenda or the speaker is recognized by the Commission.
Anyone who does not follow these procedures or who disrupts the Public Forum may be
asked to leave.
5
APPENDIX B
Staff Report on RF & EMF from SmartMeters
Donna L. Nelson Rick Perry
Chairman Governor
Kenneth W. Anderson, Jr.
Commissioner
Rolando Pablos
Commissioner
Brian H. Lloyd
Executive Director Public Utility Commission of Texas
___________________________________________________________________________________________________________________________________
Date: December 17, 2012
To: Chairman Donna L. Nelson
Commissioner Kenneth W. Anderson, Jr.
Commissioner Rolando Pablos
From: Alan Rivaldo
Infrastructure & Reliability Division
Subject: Project No. 40190, Project Relating to Advanced Metering Issues
Report on Health and Radiofrequency Electromagnetic Fields from Advanced Meters
Recently, some citizens of Texas have expressed concern over the potential health effects of exposure
to the radiofrequency emissions from the wireless technology of advanced metering. Some of these
individuals have appeared before or submitted comments to the Commission (under Project 40190,
Project Relating to Advanced Metering Issues) and the Texas Senate Committee on Business and
Commerce (at http://www.senate.state.tx.us/75r/senate/commit/c510/c510.htm).
Some have relied on social media as a source of information because it disseminates ideas rapidly and
widely, but it also can be inaccurate and lack objectivity. Therefore, Staff decided to investigate the
health concerns expressed by citizens and other interested parties. The product of this investigation is
the attached document intended to objectively address the issue and help inform decision makers.
Staff reviewed recent research on the potential health effects of radio frequency electromagnetic field
(RF EMF), reported on the findings, and assessed disputes regarding the findings.
Staff found many scientific research papers published on the effects of EMF on health over a period of
nearly 90 years; they number in the thousands. Despite this extensive body of work, scientific
research continues, and dozens of papers are published each year.
Staff has determined that the large body of scientific research reveals no definite or proven biological
effects from exposure to low-level RF signals. Further, Staff found no credible evidence to suggest
that advanced meters emit harmful amounts of EMF.
While many different organizations have performed primary research on health and RF EMF, Staff
relied heavily on the following sources:
1. The California Council on Science and Technology (CCST), an independent state agency,
assessed the available evidence of whether FCC standards provide sufficient protection of public
health. Its report also questioned whether additional standards are needed to ensure adequate
protection from adverse health effects of wireless communication technology.
2. The Michigan Public Service Commission requested help from Lawrence Berkeley National
Laboratory (LBNL) in assessing claims made by some individuals who refuted the findings of
the CCST report. The PUCT report summarizes the LBNL work.
3. The measurements and assessments performed by the Electrical Power Research Institute
(EPRI), an organization that performs research and provides technical expertise to the electrical
utility industry.
Staff found the CCST conclusions, LBNL’s work, and the investigations by EPRI to be highly credible
and based on sound scientific principles.
Other material Staff reviewed, found valuable, and used to inform the report came from:
The federal government (FCC, NIH, and other agencies);
The Canadian government and its provincial health authorities;
Countries in Western Europe;
Several municipalities deploying advanced meters;
Various governmental entities in Australia;
Academia;
The United Nations’ World Health Organization;
Utility industry organizations; and
International standards-settings organizations.
Alan Rivaldo is available to answer any questions you may have.
2
Health and RF EMF from
Advanced Meters
An Overview of
Recent Investigations and Analyses
Public Utility Commission of Texas
Infrastructure & Reliability Division
Staff Report
Prepared by Alan Rivaldo
Project No. 40190
December 2012
This document is work supported by the Department of Energy under award numbers
DE-OE0000092 and DE-OE0000180.
Any views presented in this paper do not necessarily represent a Commission decision.
Health and RF EMF from Advanced Meters ii Public Utility Commission of Texas
Table of Contents
Executive Summary ................................................................................................................................................. 1
Introduction ............................................................................................................................................................ 5
The Science.............................................................................................................................................................. 6
Background – Radiation, Science ........................................................................................................................ 6
Radiation ......................................................................................................................................................... 6
Figure 1: Chart of the Electromagnetic Spectrum........................................................................................... 7
Figure 2: Types of Radiation and Their Frequency Ranges ............................................................................. 8
Figure 3: Calculated Average Power Density vs. Distance for a Typical Smart Meter .................................... 9
The Scientific Method, the Value of Meta-analysis, Laymen Difficulties, and other Cautions ..................... 14
Recent Studies and Expert Opinions ..................................................................................................................... 24
California Council on Science and Technology Report and Responses ............................................................. 24
Response to CCST Report: County of Santa Cruz Health Services Agency .................................................... 24
Michigan Public Service Commission: SGTAP Assessment of Santa Cruz Memo.......................................... 25
Michigan Public Service Commission: SGTAP Assessment of AAEM Submittal ............................................ 26
Table 1: SGTAP Assessment Using Hill Criteria ............................................................................................. 28
Electric Power Research Institute ..................................................................................................................... 30
EPRI Technical Report on RF Emissions from Two Models of Smart Meters ................................................ 30
EPRI Comments on the Santa Cruz and AAEM Memoranda ......................................................................... 32
Table 2: EPRI Findings – Radio Frequency Levels from Various Sources ...................................................... 37
EPRI Comments on Sage Report ................................................................................................................... 38
Joint White Paper of EEI, UTC, and AEIC ........................................................................................................... 38
Government and Academia .................................................................................................................................. 40
National Cancer Institute at the National Institutes of Health ......................................................................... 40
FCC Letter: Equipment Authorization, Exposure Limits, and Interference ....................................................... 41
GAO Report: Exposure and Testing Requirements for Mobile Phones Should Be Reassessed .................... 42
Other Governmental Jurisdictions and Agencies .............................................................................................. 43
City of Naperville, Illinois............................................................................................................................... 43
Maine Center for Disease Control & Prevention .......................................................................................... 44
Vermont Department of Health .................................................................................................................... 44
Monterey County, California ......................................................................................................................... 45
Australia: Smart Meter Installations in the State of Victoria ........................................................................ 45
United Kingdom: Health Protection Agency ................................................................................................. 47
Health Canada: Safety Code 6 ....................................................................................................................... 47
Health and RF EMF from Advanced Meters iii Public Utility Commission of Texas
British Columbia Provincial Health ................................................................................................................ 48
Ontario Province: Ontario Agency for Health Protection and Promotion .................................................... 48
City of Richmond, British Columbia and Vancouver Coastal Health ............................................................. 49
Norwegian Institute of Public Health ............................................................................................................ 49
Swedish Council for Working Life and Social Research ................................................................................. 50
Health Council of the Netherlands ................................................................................................................ 50
World Health Organization ........................................................................................................................... 50
Comments by Academia on Public Concerns about Wireless Smart Meters ................................................... 52
Montréal Polytechnic and McGill University Open Letter ............................................................................ 52
University of Ottawa: RFcom Review Panel Reports .................................................................................... 52
Other Issues........................................................................................................................................................... 54
Potential for Interference with Medical Devices .............................................................................................. 54
Claims of Electromagnetic Hypersensitivity ...................................................................................................... 55
World Health Organization ........................................................................................................................... 55
King’s College London: Systematic Review of Provocation Studies for EHS ................................................. 56
Recent Court Decision Regarding Claim of EHS ............................................................................................ 57
Use of EMF as a Weapon .................................................................................................................................. 57
Directed Energy Weapons ............................................................................................................................. 57
Cold War Studies on Behavior Modification and Human Vulnerability ........................................................ 58
Other Material................................................................................................................................................... 60
Conclusion ............................................................................................................................................................. 62
Acronyms and Abbreviations ................................................................................................................................ 64
References and Resources .................................................................................................................................... 66
Health and RF EMF from Advanced Meters iv Public Utility Commission of Texas
Executive Summary
This paper is a survey of existing scientific research and analyses that have been performed to investigate the
potential health effects of exposure to low-level radio frequency electromagnetic fields emitted by wireless
communication devices including smart meters. No independent empirical research has been performed by
Public Utility Commission of Texas (PUCT) staff, but the results of several studies are summarized in this report.
Decades of scientific research have not provided any proven or unambiguous biological effects from exposure
to low-level radio frequency signals. Further, Staff reviewed all available material and found no credible
evidence to suggest that smart meters emit harmful amounts of Electromagnetic Field (EMF) radiation.
Radiation comes in two forms: ionizing and non-ionizing. The methods of data transmittal by smart meters
most common in Texas (which communicate wirelessly) and other forms of telecommunications (television,
radio, cell phones, satellite) utilize non-ionizing EMF radiation in the Radio Frequency (RF) band, commonly
known as RF EMF.
In contrast, ionizing radiation carries an inherently greater amount of energy; it may come from the decay of
fissionable material like uranium or from EMF at significantly higher frequencies, such as X-rays or cosmic rays.
Because of its inherent high energy, ionizing radiation is known to cause cellular disruption which may lead to
various acute or chronic medical problems, including the induction of cancer.
Smart meters do not emit or utilize ionizing radiation.
RF EMF can cause the heating of living tissue (thermal effect) when the tissue is exposed to a certain level of
intensity, which is the only known risk of exposure to such emissions. The Federal Communications
Commission (FCC) has therefore established two tiers of Maximum Permissible Exposure (MPE) - one tier
applies if exposure occurs in an occupational or “controlled” situation, and the other tier applies if the general
population is exposed or exposure results from an “uncontrolled” situation. The FCC uses a safety factor for
the general population tier that sets the MPE at 1/50th of the level of known thermal effects while the
occupational MPE is set at 1/10th of the level. Because smart meters are devices deployed among the general
population, the more restrictive of the two safety factors is applied; the MPE for the general population is 80%
lower than the occupational MPE.
Many governmental health agencies from around the world, including those at the state, provincial, county,
and city levels, in addition to academic institutions and other researchers have stated that there are no known
non-thermal effects from exposure to RF EMF. This lack of non-thermal effect includes the effects which
manifest from exposure to ionizing radiation. Nonetheless, substantial medical research on any potential non-
thermal effects of non-ionizing radiation has been conducted and is ongoing. It is anticipated that medical
researchers will continue to perform investigations of both the potential thermal and non-thermal health
effects of RF for the foreseeable future.
It is important to note that one must use caution when relying solely on the results of individual research
studies because conflicts or inconsistencies may exist among the results of other individual studies. Laymen
often may not recognize poorly executed studies, or they can misinterpret the results of properly conducted
scientific research. Either circumstance may lead a casual observer to draw errant conclusions. Furthermore,
it is impossible to scientifically prove absolute safety (the null hypothesis).
Health and RF EMF from Advanced Meters 1 Public Utility Commission of Texas
The Electric Power Research Institute (EPRI) has undertaken several substantial investigations of smart meter
RF EMF, and found that smart meters comply with the FCC MPE requirements. Furthermore, it found that in-
residence exposure to the emissions from a smart meter is greatly mitigated by several factors:
The intensity of RF EMF is reduced exponentially with greater distance from the emitting device;
The shielding provided by the meter enclosure;
The home’s building materials further weaken the field strength;
The meter antenna orientation inhibits the inward direction of the field pattern; and
RF EMF emissions are only intermittent; a smart meter typically transmits 1 - 5% of the time.
Several governmental entities such as the City of Naperville in Illinois, the Vermont Department of Health, the
Victorian State Government of Australia, and the City of Richmond in British Columbia, Canada have performed
their own tests on RF EMF from smart meters. These tests corroborated the results of EPRI’s investigations.
Some smart meter opponents have raised the concern that the meters may interfere with other electronic
devices. Smart meters typically communicate using the 902-928 MHz frequency band which is unlicensed
spectrum and falls in the vicinity of where some cordless telephones operate. The FCC’s technical rules
mitigate the potential for the meters to interfere with other electronic devices by requiring them to be tested
and certified as compliant with these rules before they can be marketed. Financial penalties can be assessed if
one does not comply with the appropriate FCC equipment authorization procedure.
Despite a lack of credible evidence, opponents have challenged the use of common devices that emit RF EMF
on the basis of health and environmental concerns. Some of these concerns involved cell phones and towers,
some focused on the use of Wi-Fi1 in schools, and a few were specifically related to smart meter deployments.
As a result of concerns about the wireless technology employed by smart meters, the California state
legislature commissioned the California Council on Science and Technology (CCST) to perform a study. The
CCST, an independent, non-profit organization, solicited input from technical experts and reviewed and
evaluated available research information about health impacts of RF emitted by electric appliances and smart
meters. The CCST report concluded that:
The exposure to RF from smart meters was lower than that from many household devices;
The FCC standard provides adequate protection from known thermal effects;
There were no identified non-thermal health effects from existing common household devices,
including smart meters; and
There was no call at this time for devising standards to govern the non-thermal effects of RF exposure.
In response to these findings, various parties opposed to smart meters filed comments with the California
Public Utilities Commission which questioned or conflicted with the conclusions of the CCST report. As a
result, the Michigan Public Service Commission asked Lawrence Berkeley National Laboratory (LBNL) to review
the assertions made in those comments. EPRI also provided its opinions on the submitted comments
separately. EPRI found that the submitted comments ignored a substantial amount of existing evidence and
that the content indicated a general misunderstanding of concepts and basic principles about smart meters.
LBNL was far more critical of the meter opponents’ comments in its response and provided greatly detailed
assessments of what it viewed as shortcomings of the submittals.
1
Wi-Fi is a popular technology that allows an electronic device to exchange data wirelessly using radio waves over a
computer network, including high-speed Internet connections. Wi-Fi products are based on the Institute of Electrical and
Electronics Engineers’ (IEEE) 802.11 standards.
Health and RF EMF from Advanced Meters 2 Public Utility Commission of Texas
Some opponents of smart meters have raised the idea of the existence of Electromagnetic Hypersensitivity
(EHS), a condition in which certain people seem to be especially susceptible to EMF, exhibiting a wide range of
physical afflictions. The World Health Organization (WHO) has issued documents on the topic, including
recitations of a number of studies which had been conducted on individuals claiming to suffer from EHS. The
studies typically attempted to elicit symptoms under controlled laboratory conditions. The WHO concluded
that the symptoms experienced by those who have been described as being hypersensitive were not
correlated with EMF exposure, and therefore there was no scientific basis to link EHS symptoms to EMF
exposure. It suggested that symptoms experienced by some EHS individuals might arise from environmental
factors unrelated to EMF or that the symptoms may be due to pre-existing psychiatric conditions or stress
reactions resulting from worrying about EMF health effects, rather than the EMF exposure itself. Further,
scientific studies show that people who are ill are highly receptive to negative suggestion and may
demonstrate a “nocebo response” as a result of these suggestions.
A few people opposed to the use of wireless technologies have made claims that EMF can be used as a
weapon to cause pain, disrupt thought, or alter or control human behavior. Smart meters do not have the
capabilities to do these things.
Smart meters are designed to measure a customer’s overall electricity usage and deliver that data to the utility.
A meter may also offer a limited set of information to an end user if he desires. Smart meters are not intended
for, are not designed to, and do not have the capability to harm an individual or direct a person’s thoughts or
actions.
Health and RF EMF from Advanced Meters 3 Public Utility Commission of Texas
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Health and RF EMF from Advanced Meters 4 Public Utility Commission of Texas
Introduction
Some members of the public have expressed concerns over the possible health effects from exposure to
electromagnetic fields (EMF) emitted by advanced meters that transmit data wirelessly (smart meters). People
have stated their concerns in public forums hosted by the Public Utility Commission of Texas (PUCT) or
submitted written comments to the agency. The comments are available on the PUC’s website under project
40190.2 Citizens have also appeared before the Texas Senate Committee on Business and Commerce3 to make
statements. This report is intended to inform decision makers and other parties interested in the topic.
Decades of scientific research have not provided any proven or unambiguous biological effects from exposure
to low-level radio frequency signals. In reviewing all available material, Staff found no credible evidence to
suggest that smart meters emit harmful amounts of EMF.
This paper begins by explaining radiation which is a word that has several meanings. This document explains
the distinction between ionizing and non-ionizing radiation. Also discussed are some fundamental
characteristics of radio-frequency EMF (RF EMF) which is the non-ionizing form of radiation utilized by almost
all wireless forms of telecommunication and by smart meters that send data through the air.
Because properly understanding radiation and health depends upon understanding the foundations of science,
this paper explains the scientific method and outlines what constitutes valid science. Some people have
claimed that they can make scientific arguments against the use of wireless communications technology, or
describe what they view as its egregious hazards, or produce evidence of harm. This document provides
guidance when considering such assertions.
As new technologies continue to pervade our lives, matters of science are addressed more often by our legal
system. Public policy must also address technology, and those who craft laws and regulations often rely on
external sources to provide subject matter expertise in matters of science, including medicine. This was true
for the California Public Utilities Commission (CPUC). CPUC asked the California Council on Science and
Technology (CCST) to analyze submittals made by various experts in science and medicine regarding RF EMF.
CPUC received comments that were critical of the CCST report. Various parties responded in defense of the
conclusions of the CCST report. This paper summarizes the CCST report, some of the reply comments, and
responses to those comments. Staff found the CCST conclusions to be based on sound scientific principles.
Several entities, such as the Electric Power Research Institute (EPRI), have measured the level of RF EMF
exposure one would receive from smart meters. This report summarizes the findings of the EPRI investigations
as well as those performed by other organizations.
This paper discusses standards for human exposure to EMF and regulations that govern devices which emit
EMF. This report provides statements from health agencies of several countries and those made by academia
regarding human exposure to RF EMF. This document concludes with a discussion about a purported medical
condition called electromagnetic hypersensitivity and the notion of using EMF as a weapon. A chart of
acronyms and abbreviations follows, along with an alphabetized list of references and resources.
2
.
3
.
Health and RF EMF from Advanced Meters 5 Public Utility Commission of Texas
The Science
Background – Radiation, Science
The fear of things that cannot be seen is innate to human beings. Imagine being dropped off alone in a forest
in the middle of the night, with no moon to light the way. Are there venomous snakes or scorpions underfoot?
Are there other unseen threats nearby? RF EMF is also invisible, so some people may be predisposed to
feeling anxious about it.
Fear of the unknown is also common, and to some people, the notion of wireless communications technology
is new, or something with which they have no experience. To make matters worse, wireless technology is a
form of electromagnetic radiation (EMR), and the term “radiation” is rather ambiguous and commonly
misunderstood. Exposure to radiation has been traditionally associated with chronic illnesses (specifically
cancer) and death. Lastly, microwave ovens use EMR to cook food and boil water; knowing this, some people
may imagine themselves being cooked or boiled alive if exposed to EMR.
Radiation
Radiation can be characterized as energetic particles or waves traveling through matter or space. Radiation
can come from natural or man-made sources. For this report, it is important to first know that there are two
types of radiation: ionizing and non-ionizing. Making the distinction is crucial because the word “radiation” on
its own can evoke images of the victims of the atom bomb or the outcomes of the Chernobyl and Fukushima
Daiichi disasters, when in fact the many forms of radiation we encounter in our daily lives are inert.
Ionizing Radiation
Ionizing radiation can come in one of two forms: particulate (e.g. neutron, alpha, or beta particles) or
electromagnetic (e.g. gamma, cosmic, or X- rays). Ionizing radiation has such a high energy level that when it
hits an atom, typically an electron is stripped away or dislodged from the shell of the atom. This changes the
properties of the atom – leaving it with a net positive charge. Note that the high energy level of ionizing
radiation is basic to its nature, and distinct from what its intensity may be in any given instance.
Ionizing radiation is generally harmful and potentially lethal because it can alter the molecules in living
organisms, such as the genetic material of cells. If the genetic material of a cell is altered, it may lead to death
of the cell or to cell mutation.
Ionizing radiation can come from outer space or from naturally occurring materials in the terrestrial
environment, such as uranium or radon gas. Ionizing radiation can also be introduced into the environment
from human activities like nuclear power production, medical and industrial uses, the transportation of
radioactive material, mining, and by drilling for oil and gas. Note that smart meters do not produce or use
ionizing radiation.
Non-Ionizing Radiation
In contrast, the waves of non-ionizing radiation inherently do not possess enough energy to displace electrons
from the shell of an electron. Non-ionizing radiation may cause excitation of an electron, moving it to a higher
energy state, but not stripping it away.
Health and RF EMF from Advanced Meters 6 Public Utility Commission of Texas
Electromagnetic radiation whose frequency is between that of extremely low frequency radiation and
ultraviolet light is considered non-ionizing radiation. The radio emissions from cell phones, smart meters, and
other forms of wireless communication lie between these two extremes. Therefore, radio communication
from a smart meter is a form of non-ionizing radiation.
Electromagnetic Spectrum
The various forms of radiation, whether ionizing or non-ionizing, lie on a continuum called the electromagnetic
spectrum, as seen in Figure 1. Smart meters that communicate wirelessly use frequencies that are between
the frequencies of UHF television channels and those of mobile phones (somewhere between 900 MHz and 2.4
GHz), depending on the wireless technology (or technologies) the meters employ.
Figure 2 shows some of the chart’s information in a tabular format. The frequency range in which wireless
smart meters transmit data has been emphasized in that figure.
Note that the Public Utility Commission of Texas addressed potential health effects of extremely low frequency
(60 Hz) electric power at very high voltages and currents, as is conducted in transmission lines. That report,
issued in 1992, was entitled “Executive Summary: Health Effects of Exposure to Powerline-Frequency Electric
and Magnetic Fields.” The considerations being addressed in this Health and RF EMF from Smart Meters
report are substantially different from those contemplated in 1992.
Figure 1: Chart of the Electromagnetic Spectrum4
4
Not shown in the chart is the fact that as the frequency (Hz) of radiation increases, the “electron volt” (eV) value
increases in a linear fashion. In this context, electron volts serve as a measure of how much energy the radiation carries
and therefore the potential it has to excite an electron (or, if it has enough energy, dislodge it from an atom).
Health and RF EMF from Advanced Meters 7 Public Utility Commission of Texas
Figure 2: Types of Radiation and Their Frequency Ranges
Top End of
Frequency Designation or
Frequency Range Range (in Hz) Abbreviation Primary Use
Radio. Non-ionizing radiation.
3 – 30 Hz 30 ELF Submarine communications
30 – 300 Hz 300 SLF Not commonly used; electrical power is in this range
300 – 3000 Hz 3,000 ULF Military communications
3 – 30 kHz 30,000 VLF Submarine communication
30 – 300 kHz 300,000 LF Military, AM radio
300 kHz – 3 MHz 3 million MF AM radio, shortwave radio
3 – 30 MHz 30 million HF Amateur radio, CB radio, aviation radio
30 – 300 MHz 300 million VHF VHF TV, FM radio, amateur radio
300 MHz – 3 GHz 3 billion UHF “microwave” UHF TV, land-based mobile radio, cell phones, smart meters
3 – 30 GHz 30 billion SHF “microwave” WLAN, radars, industrial devices
30 – 300 GHz 300 billion EHF “microwave” Short range data transmission
Light. Non-ionizing radiation.
300 GHz – 400 THz 400 trillion Infrared (IR) TV remote controls, heat lamps
400 THz – 770 THz 770 trillion Visible (“light”) Illumination
Ionizing radiation.
750 THz – 30 PHz 30 quadrillion Ultraviolet (UV) Tanning beds, medical, industrial applications
30 PHz – 30 EHz 30 quintillion X-Ray Medicine, scientific, and industrial uses
more than 15 EHz > 15 quintillion Gamma ray Medicine, scientific, and industrial uses
Electromagnetic Fields
An electromagnetic field is the result of the mutual interaction of electric and magnetic fields.5 An electric field
can be most simply described as being produced by stationary charges. A higher voltage yields a stronger
electric field. In contrast, a magnetic field is produced by moving charges (typically electrons, i.e., an electric
current). A greater current flow yields a stronger magnetic field.
An RF electromagnetic field is an electromagnetic field that is produced by electrical current that is oscillating
at a radio frequency, which is defined as a frequency between 3 cycles per second and 300 billion cycles per
second. Smart meters typically communicate with one another (or to their data concentrator) in a frequency
band that is near 900 MHz.
Electromagnetic (EM) field intensity decreases greatly with distance. There are many variables involved in
precisely calculating the anticipated intensity of an EM field from a given distance. To simplify the
mathematics involved, it can be reasonably stated that the intensity of an EM wave, which is three-
5
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Health and RF EMF from Advanced Meters 8 Public Utility Commission of Texas
dimensional, decreases exponentially at a rate of approximately the square of the distance from its source.
This is known as the inverse-square law,6 expressed as a mathematical formula by:
(where Y is the intensity and X is relative distance).
For example, if the EM intensity from a smart meter is measured to be at an initial distance of 1 foot away,
then , the field intensity from two feet away, would be ( , or . From a three-foot distance, the
intensity will be ( , or . From ten feet away, the field intensity will only be ( ) , or 1/100th of
what it was at one foot away. Figure 3 shows how the average power density of EMF from a typical smart
meter varies with distance.
Upon inspecting the graph, the power density value may appear to become zero, but in actuality it does not;
the resolution of the image belies the asymptotic nature of the curve. While the power density may seem to
become infinitesimal at the greater distances shown, the radio circuitry of smart meters is sensitive enough to
receive and process the signal.
Figure 3: Calculated Average Power Density vs. Distance for a Typical Smart Meter7
6
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7
Notes: The graph shows expected (calculated) values. The power density is average power density, not instantaneous;
measured values will vary around a nominal value. This graph does not account for possible ground reflections, but
ground reflections would not change the basic shape of the curve. Graph source: EPRI.
Health and RF EMF from Advanced Meters 9 Public Utility Commission of Texas
EMF and RF EMF in our Environment
Almost all household devices powered by electricity emit RF EMF in some amount. The FCC has classified
devices in three categories – intentional radiators, unintentional radiators, and incidental radiators.
Intentional radiators deliberately generate and emit RF energy. Typical intentional radiators include
cordless telephones, remote control toys, garage door openers, mobile data devices such as iPads, and
other low power transmitters.
Unintentional radiators are devices that generate and use RF energy within the device but are not
intended to emit RF energy. Typical unintentional radiators include devices such as personal
computers, printers, automobile dashboard electronics, and other digital devices that have internal
“clocks” or circuitry used for timing within the device. Radio receivers, such as television receivers and
AM/FM radios, are also unintentional radiators.
Incidental radiators are devices that generate RF energy during the course of their operation but are
not intentionally designed to generate or emit that energy. Typical incidental radiators include
automobile ignition systems, ceiling fans, vacuum cleaners, electric shavers, and mechanical light
switches.
RF EMF also comes from natural sources, such as the sun, the Earth, and the outer layer of the Earth’s
atmosphere (the ionosphere).
The environment in which we live includes numerous other sources of RF EMF sourced from outside the home.
These sources are intentionally transmitted and beyond an individual’s control. The transmitting sources emit
RF at a much greater intensity than smart meters do, and the signals permeate homes and other buildings.
This RF EMF has had a ubiquitous presence both indoors and outdoors since the 1920s when AM radio
broadcasts (centered near the 1 MHz frequency) were introduced. In the 1930s, FM radio (around 100 MHz)
was introduced, and then in the 1940s and 1950s, the broadcasting of VHF television (50 to 200 MHz) and UHF
television (400 to 900 MHz) expanded. Satellite communication started in the 1960s and is now
commonplace, including for consumer use. Cellular telephone towers (base stations) have been deployed in
increasing numbers since at least the 1990s; they are now considered ubiquitous.
Other sources of RF EMF one may encounter in public and private places are wireless routers, cordless
telephones, cellular phones, RF remote control devices, and baby monitors. The intensity of EMF emitted by
each of these devices is documented to be well below the threshold that requires any type of notification
signage.8
The Role of RF EMF in our Country’s Infrastructure
The United States of America (U.S.) has had a wireless communications infrastructure in place for nearly a
hundred years. For example, radio and television stations have continually broadcasted their programming in
all directions for public consumption since the early part of last century. Emergency services like police, fire,
and ambulance services have their own dedicated radio spectrum. Municipal governments and the military
also transmit data on various frequency bands assigned to them. Citizen’s Band and short wave radio are used
by individuals and hobbyists, but one could argue that it is also a part of our nation’s communications
infrastructure that benefits all, especially in times of emergency.
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Health and RF EMF from Advanced Meters 10 Public Utility Commission of Texas
Satellite transmissions blanket our country from above, using various frequencies in the RF band. Downlinks
from satellites are used by the television and radio industries for delivery of syndicated programming to local
stations. Satellites also provide Internet access to users in remote areas and television programming for those
without access to cable television or who seek an alternative. They also provide subscription-based
programming for SiriusXM radio, and to fulfill government functions such as transmitting climate and mapping
data and Global Positioning System (GPS) locational and timing information (which is used by utilities). The
military also uses satellites for communications and surveillance.
Cell phones and their associated base stations are also a common source of EMF, having become ubiquitous
worldwide; the International Telecommunication Union reported that there were six billion mobile phone
subscriptions by the end of 2011, nearly one for every human being on the planet.9
Some people object to the installation of wireless smart meters on the grounds that they fear exposure to RF
and because they do not anticipate benefitting from the devices’ advanced capabilities. What they may not
realize or acknowledge is that every individual is continuously exposed to RF emitted by a multitude of local
television (TV) and radio stations, irrespective of whether one ever chooses to tune into any of them.
When a new radio or TV station begins broadcasting in a community, it introduces a new source of RF to a
wide area. While the exposure to RF emissions is the primary consideration for the topic of this paper, some
opponents of smart meters have called attention to their power output. It is therefore worth noting that the
permitted maximum effective radiated power (ERP, which includes antenna gain10) of an FM radio station
transmitter in the U.S., depending upon its FCC classification, can be as high as 100,000 watts.11 In contrast,
the radio module in a wireless smart meter is only capable of a maximum power output of one watt, and in
some implementations, it is even less than that. The ERP of a stationary cell phone base station is limited to
either 500 or 1000 watts, depending on its location.12 The maximum peak ERP of a cell phone in the U.S., for
example one operating in the GSM-1900 band and at GSM Power Class Number 30, is two watts.13
Despite the fact that radio stations broadcast at power levels that are tens of thousands times higher than
those of smart meters, Staff could not find any references to reported health complaints or individuals
attributing their health issues to new radio or TV transmissions. Similarly, while a limited number of people
may still have some trepidation regarding cellphone towers, their ubiquity and the continued popularity of cell
phones and other wireless communication devices seems to have quelled the number of concerns being
expressed.
Advanced Metering Infrastructure
Making prudent investments in RF communications technologies has become essential to maintaining our
quality of life, and many aspects of the world’s infrastructure depend upon it. Many industries, including
electrical utilities, use radio communication as an essential tool. Until recently, utilities have traditionally
limited their use of radio to telemetry, transmitting system data from distant points along the transmission
portion of the electric grid.
9
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In this context, this is defined by how well a transmitting antenna converts input power into radio waves headed in a
specified direction.
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Health and RF EMF from Advanced Meters 11 Public Utility Commission of Texas
Now many of the electric utilities in the U.S. are enhancing the distribution portion of the electrical
infrastructure by modernizing its technology. One of the ways electrical utilities are upgrading distribution grid
technology is by replacing existing electric meters with Advanced Metering Infrastructure (AMI). The meters
being replaced typically have an analog display14 in the form of a series of dials that indicate accumulated
usage and a large spinning aluminum disk that protrudes through the face of the meter. This
electromechanical technology is over a century old and has shortcomings.
The most important feature of the meters used in AMI (“smart meters”) is that they measure and record usage
data in regular intervals15 and allow for two-way communications between the utility and the customer. These
smart meters and their associated communication components form an infrastructure that allow utilities to
overcome the old technology’s limitations and is now crucial to the utility and to the energy market’s proper
functioning.
Almost all smart meters used in the U.S. communicate by means of wireless technology. Each utility proposes
the technology it will deploy and determines how it is to be configured in order to best suit the needs of its
service area. The most common method of communication chosen by Texas utilities has been in the form of a
wireless mesh network.
A wireless mesh network topology allows “mesh-enabled” meters to securely route data via other nearby
meters and relay devices. These meters and relay devices are connected to several other mesh-enabled
devices. All these devices function as signal repeaters and relay the data to an access point. The access point
device aggregates, encrypts, and conveys the data to and from the utility (this is known as the backhaul
portion of the network). The access point typically uses cellular phone technology to transport this data.16
Wireless Technology Standards and Regulation
Intentional radiator devices such as cordless telephones, cellular phone handsets, and smart meters operate in
unlicensed spectrum. Unlicensed spectrum is simply a band that has pre-defined rules for both the hardware
and the deployment methods of the transmitting radio; they are required to be tested and certified as
compliant with these rules before they can be marketed. Financial penalties can be assessed if one does not
comply with the appropriate Federal Communications Commission (FCC) equipment authorization
procedure.17 The mitigation of potential interference within the bands is addressed by the FCC definition of
technical rules rather than the agency restricting the bands by issuing an exclusive license to use the
spectrum.18,19
Any person or entity that complies with the rules for the equipment (which are pre-certified by the
manufacturer) and its use can establish a license-free network at any time for either private or public
purposes. This is why a person can set up a wireless network at home and a utility can set up its smart meter
mesh network without having to obtain a license from the FCC. The radio(s) in the smart meter is pre-certified,
just as a home user’s wireless router is.
14
Note that not all meters being replaced have the same appearance. A few of the old meters may have digital displays
and solid state circuitry, but are not considered to be AMI.
15
Due to the limited scope of this paper, the specific market and regulatory aspects of Texas and the ERCOT market and
the infrastructure design choices of each of the utilities will not be discussed.
16
There are several possible variations to the mesh design described above. Take what is outlined here as an example.
17
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U.S. frequency allocations: .
Health and RF EMF from Advanced Meters 12 Public Utility Commission of Texas
The FCC is required by the National Environmental Policy Act of 1969 to evaluate the effect of emissions from
FCC-regulated transmitters on the quality of the human environment. At the present time there is no
federally-mandated RF exposure standard. However, several non-government organizations, such as the
American National Standards Institute (ANSI), the Institute of Electrical and Electronics Engineers (IEEE), and
the National Council on Radiation Protection and Measurements (NCRP) have issued recommendations for
human exposure to RF electromagnetic fields.20 The potential hazards associated with RF electromagnetic
fields are discussed in the FCC’s Office of Engineering and Technologies (OET) Bulletin No. 56, “Questions and
Answers About Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields.”21
On August 1, 1996, the FCC adopted the NCRP’s recommended MPE limits for field strength and power density
for the transmitters operating at frequencies of 300 kHz to 100 GHz. In addition, the FCC adopted the Specific
Absorption Rate (SAR) limits for devices operating within close proximity to the body as specified within the
ANSI/IEEE C95.1-1992 guidelines.22 The FCC’s requirements are detailed in Parts 1 and 2 of the FCC’s Rules and
Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093].23,24,25,26
Studies by EPRI and others have found that the exposure an individual would receive from a smart meter that
is 10 feet away is not much different from the range of exposure levels received from TV and radio broadcasts.
The Effects of RF EMF on Living Tissue
There are three scientifically established mechanisms where EMF is known to cause health effects:27,28
Induced voltage gradients and/or electric currents in the body;
Thermal effects (dielectric heating); and
Ionizing radiation effects.
The relative importance of these mechanisms depends on the EMF frequency and field strength. Decades of
research into EMF and health has produced a large body of scientific literature which national and
international standards organizations have reviewed to establish their safe exposure limits. For example, the
WHO has formally recognized the International Commission on Non-Ionizing Radiation Protection (ICNIRP) to
develop its international EMF exposure guidelines.
At frequencies in the range of 0-3 kHz, induced voltage gradients and/or electric currents in the body are the
only known health effects in the presence of strong electric and magnetic fields. Because the purpose of this
report is to address smart meters that communicate using RF, induced voltages and currents will not be
discussed. Smart meters do not emit ionizing radiation, so that topic will also not be covered in this document.
If one would like to know more about the health effects of induced voltages or ionizing radiation, credible
resources are freely available elsewhere.
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Health and RF EMF from Advanced Meters 13 Public Utility Commission of Texas
Thermal effects are the primary health impact when living tissue absorbs enough EMF power to cause heating.
This effect is the primary concern in the RF frequency range of 30 MHz to 300 GHz. In theory, the total EMF
power absorbed by tissue is determined by the photon energy multiplied by the number of photons per
second being absorbed. The practical method used to measure this energy is based on the SAR. For portable
devices, the FCC specifies that SAR safety limits are to be used.29 These safety limits are specified in units of
watts per kilogram (W/kg) of body tissue.
Note that the energy from devices that are not intended for use within 20 centimeters of a user, such as smart
meters, is measured using a different methodology. The FCC safety limits for these devices, known as
Maximum Permissible Exposure (MPE), are specified in units of microwatts per square centimeter (μW/cm2).
Existing regulations from the FCC set the SAR and MPE safety limits in the U.S. Other countries such as the
United Kingdom (UK), Canada, and Australia have similar standards. International standards regarding safety
for commercial products also exist from entities such as the WHO and the ICNIRP and are also similar to the
U.S. standards.
The Scientific Method, the Value of Meta-analysis, Laymen Difficulties, and other Cautions
The investigation of RF EMF and its potential effects on health requires an understanding of several fields of
science. While the intent of this report is not to impart a deep understanding of all the relevant scientific fields
of study, it is still important to have a basic grasp on the concepts and what science itself entails. The latter is
referred to as the scientific method.
Meta-analysis is an important tool in science because in some areas of study there are a large number of
studies which are similar, and researchers want to have a method of combining them to help facilitate drawing
satisfactory conclusions.
People generally have an interest in maintaining their health, so any given research study that shows a positive
correlation between a disease and an environmental factor will naturally have the tendency to pique the
interest of the public more than one that does not show any correlation. While journalists and news editors
have codes of ethics and guidelines for professional conduct,30,31,32,33 there is a risk that the mass media may
sensationalize an individual study which shows such a correlation and be less inclined to report research
studies that refute the findings, because documenting something which may be interpreted by an audience as
uneventful is not as captivating or lucrative. Studies have revealed that the publishing of misconceptions
about alleged effects of exposure to electric or magnetic fields in the popular press is not uncommon.34,35,36,37
Some less reputable media outlets may be motivated by viewership ratings, subscription renewals, or webpage
hits, rather than reporting the news properly. Integrity in the media plays a role in maintaining the integrity of
scientific research.
29
The FCC defines portable devices as transmitters whose radiating structures are designed to be used within 20
centimeters (approximately eight inches) of the body of the user.
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Health and RF EMF from Advanced Meters 14 Public Utility Commission of Texas
Understanding the concepts behind science is important because opponents of wireless data transmission
technologies have attempted to use science (typically by quoting research studies) as support for their
arguments. At the same time, one must remain mindful of the relationships among science, modern media,
and the public.
Scientific Method
The modern use of the word “science” is defined both as a reliable body of knowledge that can be logically and
rationally explained and also by the method of pursuing that knowledge, namely, the scientific method.
Scientific method requires inquiry to be based on evidence that is empirical and measurable and is subject to
specific principles of reasoning. More specifically, the scientific method consists of systematic observation,
measurement, and experiment, as well as the formulation, testing, and modification of hypotheses.38
The following process steps39 are considered the basic elements of scientific method:
Formulate a question - to summon an explanation of a specific observation, or it can be open-ended;
Hypothesis - a conjecture that may explain the observed behavior;
Prediction - made by determining the logical consequences of the hypothesis;
Test - investigate (via experiment) whether the real world behaves as predicted by the hypothesis; and
Analysis - determine what the experimental results demonstrate and decide the next actions to take.
Other components are necessary to the scientific process, even when all the iterations of the steps above have
been completed:
Replication - if an experiment is repeated and does not produce the same results, this implies that the
original results were in error. As a result, it is common for a single experiment to be performed
multiple times, especially when there are uncontrolled variables or other indications of experimental
error. Surprising or significant results may motivate other scientists to also investigate, especially if
the results would be important to their own work.
External review - experts perform a peer review, which is an evaluation of the experiment. These
experts give their opinions anonymously to foster unbiased criticism. The peer review does not certify
correctness of the results, only that the experiments themselves were sound. Note that the evaluation
of the experiment depends on its description being supplied by the experimenter. If the work passes
peer review (which may require new experiments requested by the reviewers), it will be published in a
peer-reviewed scientific journal. The journal that publishes the results indicates the perceived quality
of the work.
Data recording and sharing - scientists must record all data very precisely to reduce their own bias and
aid in replication by others. This data must be supplied to other scientists who wish to replicate any
results. Experimental samples that may be difficult to obtain must also be shared.
Scientific studies are intended to be as objective as possible to reduce any bias in how the results are
interpreted. All data and the methodologies employed are to be documented, archived, and shared so that
they are available for close scrutiny by other researchers. This gives scientists the opportunity to verify results
by attempting to reproduce them and establish statistical measures of the reliability of the experimental data.
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Health and RF EMF from Advanced Meters 15 Public Utility Commission of Texas
Meta-analysis
The study of EMF has been going on for decades resulting in a multitude of research studies, many of which
possess similar elements. The existence of such large bodies of work makes researchers want to integrate
similar studies and attempt to synthesize more definitive conclusions. The traditional method of integration
calls for a reviewer to provide a narrative, namely a chronological discourse on previous findings.40 Gene V.
Glass, the statistician and researcher who coined the term meta-analysis, considered the traditional method to
be flawed and inexact because reviewers:
Are unable to deal with the large number of studies on a topic and focus on a small subset of studies,
often without describing how the subset was selected;
Often cite the conclusions of previous reviews without examining those reviews critically; and
Are usually active and prominent in the field under review. Therefore, they might not be inclined to
give full weight to evidence that is contrary to their own positions.
In a meta-analysis, research studies are collected, coded, and interpreted using statistical methods similar to
those used in primary data analysis. The result is an integrated review of findings that is more objective and
exact than a narrative review.
Inherent Problems and Laymen Difficulties with Scientific Research; Non-traditional Medicine
Science is by no means a discipline of perfection; it depends upon human thought and activity, and is thereby
subject to human failings, including the introduction of bias into the process steps outlined above. Most
failures can be attributed to inadvertent errors, while some failures can be pinned on researchers that have
taken shortcuts through the scientific process. Only rarely have researchers who had been generally
considered to be legitimate been found attempting to subvert science for personal benefit, to perhaps gain
notoriety, or to secure future research grants.41
Findings of scientific misconduct occasionally come to light. In the course of gathering material for this paper,
Staff discovered several studies of RF EMF and health that were found to be fraudulent. For example, the U.S.
Department of Health and Human Services’ (HHS) Office of Research Integrity found that Robert P. Liburdy,
Ph.D. engaged in scientific misconduct in biomedical research by intentionally falsifying and fabricating data
and claims about the purported cellular effects of EMF that were reported in two of his scientific papers. 42
Another example of misconduct was exposed through an investigation performed by an independent review
body at the Medical University of Vienna. The investigation revealed that data was fabricated in two papers
authored by lab chief Hugo Rüdiger and his colleagues in 2005 and 2008 which reported DNA breakage in cells
exposed to electromagnetic fields. The papers were part of a European Union-funded project called REFLEX.43
Some people have made assertions that research studies that had depended upon funding or other support
from industry should be considered as unreliable and having tainted results. What is far more important than
the sources of funding for research is strict adherence to the scientific process. Rigorous peer reviews,
combined with attempts by others to replicate results, tend to remove from consideration studies whose
results rely on questionable research practices. Opponents of wireless technology may not understand this,
and have expressed dismay when content from studies they favor does not appear in other documents such as
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Health and RF EMF from Advanced Meters 16 Public Utility Commission of Texas
the report by the California Council on Science and Technology.44 There is a risk that opponents may attribute
the exclusion of favored material to attempts by government agencies or industry to suppress the truth rather
than accepting the idea that the opponents’ favored studies were errant or lacked scientific rigor.
Nonetheless, some research studies can receive undeserved notoriety despite shortcomings such as:
Experiments that are poorly designed or lack sufficient controls;
Studies that are inadequately peer-reviewed;
Public revelation of findings that are only preliminary;
Reports that are unpublished but appear in the popular press;
Reports published in scientific journals of lesser esteem;
Conclusions that are drawn to satisfy a political agenda rather than advance human knowledge; and
Cited primary research studies are old and out of date.
The “BioInitiative Report”45 is an example of a report that received notoriety despite being viewed negatively
by the research community. Its contributors are described as a group of 14 scientists, researchers, and public
health policy professionals. The stated purpose of the report was to document “bioeffects, adverse health
effects and public health conclusions about impacts of non-ionizing radiation.” The document was edited by
Cindy Sage, an environmental consultant, and Dr. David O. Carpenter, director of the Institute for Health and
the Environment at the State University at Albany (New York).
The report is often cited by opponents of wireless technology, but it was widely criticized by government
research agencies and subject matter experts in Australia,46 Belgium,47 the European Commission (EC),48
France,49 Germany,50 and the Netherlands.51 It was also criticized by EPRI52 and the IEEE.53 The overall opinion
of these institutions was that the report had many shortcomings. Some of the stated criticisms were that the
report:
Provided views that were not consistent with the consensus of science;
Recommended safety limits that were not supported by the weight of scientific evidence;
Included selection bias in several research areas;
Lacked objectivity and balance; and
Suffered from uneven editing quality.
Some researchers have developed a level of notoriety for their assertions regarding the purported dangers of
EMF exposure. Opponents of wireless technology have naturally called upon these people to testify as expert
witnesses and this tends to raise their profiles to an even greater degree. These efforts have not always been
successful. For example, Carpenter attempted to rely on his work on the BioInitiative Report as one of the
qualifications to testify as an expert for intervenors opposed to plans by Hydro Québec, a utility in Canada, to
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install wireless smart meters on homes and businesses. The regulatory authority for the province, The Québec
Energy Board (The Board), stated (translated from French):54
“The Board has refused to grant the requested expert status on the grounds that David Carpenter is
not a doctor, never had clinical experience with patients and has never personally done any research
on the effects of RF health.55 The Board does not, however, reject his testimony in the case because of
his knowledge on the research done by others in this field. It therefore accepted this testimony,
subject to establishing the probative value to be accorded.”
The Board also did not view Carpenter as independent and unbiased, as required by its rules governing the
expectations of expert witnesses. The Board stated (translated from French):56
“Clearly, the witness Carpenter, expert or not, does not meet the criteria of objectivity which the
Board is entitled to expect.”
Another individual who has been described as an expert by opponents of wireless technology is Magda Havas,
a professor at Trent University, a liberal arts institution located in Peterborough, Ontario, Canada. Havas is
not a medical doctor; she has a B.S. degree in biology and a Ph.D. in botany (the study of plant life).57
While not naming Havas directly, in response to her assertions against the proposed installation of Wi-Fi in
several schools in Canada and the U.S., her colleagues at Trent University published a brief statement58 in the
Peterborough Examiner newspaper:
On the issue of health effects of radio frequency waves, a large body of evidence now exists, and the
international consensus is described in the references listed at www.trentu.ca/physics/emfrefs.pdf.
Based on these considerations, we do not believe that electromagnetic waves associated with Wi-Fi in
schools pose a health risk to children or teachers.
Profs Bill Atkinson, Peter Dawson, David Patton, Ralph Shiell, Alan Slavin and Rachel Wortis
Members of the Department of Physics, Trent University
Havas’ critics are not limited to her colleagues at Trent. There are a few websites whose stated goals are to
enhance the public’s familiarity with sound scientific concepts. These sites state that their contributors seek to
promote a better understanding of science and to help others distinguish between evidence-based science and
poor science. Some contributors have responded to Havas’ activities by creating pages that are dedicated to
exposing and explaining what they claim to be significant flaws in her studies, contradictory statements she
has made, comments which were not consistent with established facts, and instances where they claim she
had misled the public.59,60,61,62,63,64,65
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David O. Carpenter holds a medical degree (M.D.) from Harvard but is not accredited to practice medicine.
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Note that some of the work that Havas performs involves the study of Electromagnetic Hypersensitivity (EHS),
which has not been recognized by the medical or scientific communities as a valid diagnosis.
Some scientists and medical practitioners may be valued as experts by a small segment of the population
because their ideas have been proclaimed as novel or superior because they do not conform to the prevailing
conclusions of the scientific or medical communities. These researchers and medical professionals may be
characterized as fighting the medical or scientific establishments for the benefit of their supporters. The
problem is if these maverick researchers become imbued with noble stature because of these impressions, it
may put the integrity of true science and medicine at risk.
Scientists prefer to maintain cordial relationships with one another and therefore avoid using the terms “junk
science” and “pseudoscience” when referring to research or unconventional medical treatments they find
questionable, because these terms are considered pejorative.
While skepticism of research is central to ensuring its quality, it is important to avoid being drawn to the allure
of ideas that conflict with the body of scientific evidence. Without an appreciation for the meaning and value
of scientific consensus, one risks being distracted by notions that have been discounted by numerous studies
conducted in adherence to the scientific method.
Scientific consensus can be described as the collective judgment, position, and opinion of the community of
scientists in a particular field of study.66 In the context of scientific research, consensus is general agreement
and not unanimity, which has a stricter meaning. This collective judgment of scientists cannot be used as a
valid scientific argument on its own, and that it is not part of the scientific method; it is more the result of it.
A consensus can be developed by scientists through replication of experimental results, peer review, and
publication of results – key components of the scientific method. When this process is followed iteratively and
agreement exists, those within the discipline recognize they have reached a consensus. As scientific research
continues and new data is produced by experiment, models are refined. This change may bring about shifts in
scientific consensus. How consensus within the scientific community develops over time is a study in its own
right.67
The challenge for researchers becomes communicating to outsiders (especially laymen) that scientific
consensus has been reached. This is because to the uninitiated, the debates through which science progresses
may seem to be contestation. Laypeople and others outside the particular field of study who misinterpret
these scientific debates as adversarial may reach erroneous conclusions about the science. When scientific
debate is misinterpreted in this manner, effective government also may be subject to risk. The risk is that
members of the public that have misconceptions about the existence of scientific consensus may exert
pressure on their elected leaders to devise public policy that is based on faulty assumptions.
In medicine, one result of misinterpreting scientific debate can be a mistaken belief in a medical diagnosis that
the scientific community does not recognize as valid, such as EHS. If the true cause of an affliction is not
diagnosed, it can lead to negative consequences for an individual. Medical professionals and others may offer
treatments that are not efficacious or have not been properly vetted for safety. The pursuit of these
treatments can delay receiving effective medical care.
65
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66
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Health and RF EMF from Advanced Meters 19 Public Utility Commission of Texas
The Internet offers amulets made of crystal or stone, typically worn as a pendant around the neck, that are
purported to help an individual overcome EHS or to mitigate the claimed negative health effects of exposure
to EMF. No valid scientific explanations are offered to explain the mechanisms by which these items may
operate. Dietary supplements are promoted with claims they provide a “strong protective effect” against EMF
but have not been assessed by the U.S. Food and Drug Administration (FDA) for safety or effectiveness.
Some physicians offer treatments for EHS and other purported “environmental sensitivities.” One such doctor
is Dr. William J. Rea of Dallas, Texas. An example treatment by Rea is that he will administer injections of a
highly diluted solution of automobile exhaust to provide an “electromagnetic imprint” of the environmental
pollutant. Rea claims that a patient’s immune system will interact with the injections and desensitize the
patient to the substance.
Staff has not been able to locate any other references to the term “electromagnetic imprint” in a medical
context.
Rea’s treatments had met with controversy, leading the Texas Medical Board to file a complaint against
him68,69,70 that resulted in a Mediated Agreed Order issued in 2010, requiring his consent form to state:
The injections given are not FDA-approved;
The patient will be receiving non-traditional medicine (must be in bold and oversized print);
The effectiveness of the injections is disputed;
There has been no testing of the contents of the injection or any proven medical effectiveness;
The therapeutic value of the injections is not established or proven;
There is no active agent in the therapy being provided; and
The injections are not endorsed, sanctioned, or approved by the Texas Medical Board.
Rea’s controversial treatments were also featured on a segment of ABC News’ Nightline television program in
2008.71,72
Rea appeared before the Texas Senate Committee on Business and Commerce on October 9, 2012 to speak as
a medical expert in opposition to wireless smart meters.
Cautions about Anecdotes, Attempts at “Do-it-Yourself” Science, and Reliance on Social Media and Blogs
Opponents of smart meters have provided accounts of ill health or have cited anecdotal reports of health
problems that have been attributed by laypeople to the installation of smart meters. Caution must be used
when considering anecdotal reports, because they:
Are prone to human cognitive biases such as confirmation bias;73
Use nonprobability sampling and therefore suffer from self-selection bias;74
68
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69
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70
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71
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72
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73
In psychology and cognitive science, confirmation bias is a tendency to search for or interpret information in a way that
confirms one’s preconceptions, leading to statistical errors. Source:
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Health and RF EMF from Advanced Meters 20 Public Utility Commission of Texas
Do not supply a sufficiently large sample size;
Prevent a rigorous statistical analysis of subject sample data;
Do not account for a myriad of variables present in the environment (lack of controls); and
Do not provide evidence that other aspects of the scientific method were followed.
In summary, conclusions drawn primarily from anecdotal reports do not possess scientific merit.
A common tendency for laypeople is to “cherry pick” scientific literature. Cherry picking is the act of pointing
to data or individual cases that seem to confirm a particular position, while ignoring a significant portion of
data or cases that may contradict the position. Selectively referencing only the studies that support a view is a
common example of confirmation bias. Cherry picking may be committed unintentionally. Scientists are not
immune to the behavior.
When raising concerns about wireless technology, some opponents have acquired RF EMF measurement
equipment and posted online videos75 showing readings being taken from smart meter installations. These
videos have been presented as evidence that the smart meters were emitting RF EMF at levels higher than
those claimed by utilities or meter manufacturers. More discerning viewers may question the validity of these
videos for the following reasons:
The videos tend to be brief, relying on fleeting numbers displayed on a readout;
The data do not appear to be recorded for later study or shared with others;
No evidence is provided that the operator is certified to use the measuring equipment;
It is not noted whether the operator received any formal training to avoid, for example, using
improper techniques when setting up or handling the equipment;
Little explanation is offered to help the viewer determine if the appropriate settings were used (such
as unit scaling) or whether instantaneous peak or average values were being measured;
No evidence is given that the equipment was properly calibrated; and
There may be other tools available which are better suited to the intended use.
One video76 on YouTube that provides an example of an EMF measurement device being used purports to
show the deleterious effects of a smart meter on a shrub situated directly in front of the meter in Stratford,
Ontario, Canada. On the afflicted plant, the leaves have curled up and are losing color. There are two shrubs
of identical breed on either side of it which do not seem to be as adversely affected. While a shrub is clearly
not a human being, some smart meter opponents refer to the video as evidence of its apparent danger to all
living things.
The person who recorded the video enabled the “audio analysis” mode on the measurement device, which
creates a shrill sound reminiscent of a police siren but with varying pitch. The sound is intended to represent a
characteristic signal pattern of the EMF being detected, which helps the device’s user to identify the source of
emissions. To an individual who has not experienced the operation of this device, the sound it makes in the
presence of EMF may seem disturbing and evoke an unpleasant emotional response in the uninitiated.
74
Self-selection bias is a specific form of selection bias. Selection bias leads to distortions, because certain characteristics
are over-represented in a sample. Self-selection bias introduces other errors. For example, sample populations that are
the result of self-selection suffer from a correlation with willingness to be included. There may be a purposeful intent on
the part of respondents.
75
Go to YouTube: and search for “smart meter emissions” or other similar phrases.
76
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Health and RF EMF from Advanced Meters 21 Public Utility Commission of Texas
An interesting observation about this video which some viewers may not notice is that as the camera focuses
closely on the vegetation, it is readily apparent that the shrub is infested by what appears to be a large number
whiteflies or aphids. These kinds of insects suck juices from the leaves of host plants, and can lead to serious
injury, causing wilting, yellowing, leaf drop, and possibly death. As the video camera pans back and forth, one
can see that the insects are also on the leaves of the adjacent shrubs, but are not yet as prevalent. The ability
for viewers to provide comment is disabled for this particular video, so no one can call attention to the insect
infestation or challenge the claims made by the person who posted the video.
The Texas A&M Forest Service estimated that 301 million trees had died across Texas forestlands as a result of
the 2011 drought,77 but to date there have been no known credible reports of dying vegetation attributed to
smart meters or other wireless equipment despite the fact that millions of the devices have been deployed in
the state.
Many smart meter opponents who have made assertions about the purported detrimental health effects of
wireless technology have cited material obtained from blogs,78 Internet videos, and other forms of social
media as sources of information. Blogs may contain items that are topical but they are not to be confused
with news sites; contributors to blogs are not held to standards for journalistic integrity. Most of the cited
blogs are run by self-described activists who overtly state their opposition to smart meters and for various
reasons. While blogs and social media sites have democratized the Internet, enabling almost anyone to widely
publish his points of view, caution must be used when considering material obtained from such sources. These
sites have many shortcomings, including the following:
Site content is not vetted for objectivity or a diversity of opinions;
Inaccurate reporting is common, and errors are rarely corrected;
Many comments are written in an authoritative manner, promoting speculative statements as factual;
Provocative language and hyperbole are often used to elicit emotional responses;
Individuals promoted as experts tend to lack substantial academic credentials or possess credentials
that are not associated with the field of study under consideration; and
There is no assurance that authors resist the influence of advertisers or special interests.
The people who run blogs typically are not scientists and do not realize that an individual study is not to be
considered definitive. Much of the research that Staff found cited on blogs was old and may have been out of
date, or had been considered unreliable by the scientific community.
Case Law and Matters of Science
The Supreme Court cases Daubert v. Merrell Dow Pharmaceuticals,79 General Electric Co. v. Joiner,80 and
Kumho Tire Co. v. Carmichael81 articulated what is known as the “Daubert standard.” The standard addressed
Rule 702 of the Federal Rules of Evidence,82,83 and clearly defined a judge’s role in playing “gatekeeper,”
determining whether expert testimony is based on sound scientific reasoning and methodology.
77
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78
A blog is a website that typically contains an online personal journal and that sometimes allows users to post their own
opinions and commentary or other information.
79
509 U.S. 579 (1993).
80
522 U.S. 136 (1997).
81
526 U.S. 137 (1999).
82
Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1937; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 1, 2011.
83
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Health and RF EMF from Advanced Meters 22 Public Utility Commission of Texas
According to Rule 702, Testimony by Expert Witnesses, a witness who is qualified as an expert by knowledge,
skill, experience, training, or education may testify in the form of an opinion or otherwise if:
a. The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to
understand the evidence or to determine a fact in issue;
b. The testimony is based on sufficient facts or data;
c. The testimony is the product of reliable principles and methods; and
d. The expert has reliably applied the principles and methods to the facts of the case.
In 2011, the National Academies published84 the third edition of its Reference Manual on Scientific Evidence,85
which was developed to guide judges as they encounter scientific evidence at trials. The cases are taken into
consideration when government uses the “weight of evidence” to create public health policy and law.86
In a matter that is germane to the topic of this report, the Daubert case and the reference manual were both
cited in a recent court decision in which the plaintiff claimed his exposure to low-level RF EMF emitted by
electronics within his neighbor’s house were triggering adverse health effects.87 The court excluded the
plaintiff’s evidence because it was not scientifically reliable and consequently granted the defendant’s motion
for summary judgment for failing to demonstrate causation.88
Public Policy
The WHO published “Establishing a Dialogue on Risks from Electromagnetic Fields,”89 a handbook intended as
a guide for decision makers and those who craft policy to help reduce misunderstandings and improve trust
through better dialogue when faced with a combination of public controversy, scientific uncertainty, and the
need to operate or establish infrastructure facilities that emit EMF. The guide discusses risk assessment, risk
perception by the public, and risk management. The document also calls out the need for involvement by
individuals or organizations with the right set of competencies. It states that a combination of relevant
scientific expertise, strong communication skills, and good judgment are required by those in the areas of
management and regulation to properly respond to challenges presented by the topic. The handbook also
provides references and suggested reading material for those who seek more information.
84
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85
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86
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87
Firstenberg v. Monribot and Leith, No. D-101-CV-2010-00029, New Mexico 1st Dist, Santa Fe County, Sept 18, 2012.
88
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Health and RF EMF from Advanced Meters 23 Public Utility Commission of Texas
Recent Studies and Expert Opinions
California Council on Science and Technology Report and Responses
In 2010, the CPUC initiated an investigation of smart meters. Several members of the California State
Assembly asked the California Council on Science and Technology to provide assistance to the CPUC.
CCST is an independent, not-for-profit 501(c)(3) corporation established in 1988 by the California legislature. It
is designed to offer expert advice to the state government and to recommend solutions to science- and
technology-related policy issues. CCST’s Board of Directors is composed of representatives from its sponsoring
academic institutions, as well as the business and philanthropic communities.90
The Assembly’s request to provide assistance was motivated by concerns expressed by the public about the
possibility of health effects from exposure to RF EMF emitted by smart meters. In January 2011, CCST issued
“Health Impacts of Radio Frequency from Smart Meters.” The document was authored by a project team that
consulted with over two dozen experts and sifted through more than one hundred articles and reports which
CCST considered as providing a thorough, unbiased overview in a relatively rapid manner. The report
identified four key findings: 91
1. Wireless smart meters, when installed and properly maintained, result in much lower levels of RF
exposure than many existing common household electronic devices, particularly cell phones and
microwave ovens.
2. The current FCC standard92,93,94 provides an adequate safety factor against known thermally induced
health impacts of existing common household electronic devices and smart meters.
3. To date, scientific studies have not identified or confirmed negative health effects from potential non-
thermal impacts of RF emissions such as those produced by existing common household electronic
devices and smart meters.
4. Not enough is currently known about potential non-thermal impacts of radio frequency emissions to
identify or recommend additional standards for such impacts.
CCST did not undertake primary research of its own to address issues. Its response was limited to soliciting
input from technical experts and to reviewing and evaluating available information from past and current
research about health impacts of RF emitted by electric appliances in general, and more specifically by smart
meters.
Response to CCST Report: County of Santa Cruz Health Services Agency
Following the release of the CCST report, Poki Stewart Namkung, Health Officer of the County of Santa Cruz
Health Services Agency (Santa Cruz), issued a memorandum. The memo was published on January 13, 2012
and is entitled “Health Risks Associated with Smart Meters.”95 The document has gained notoriety for two
reasons. The first reason is because it made assertions that were in direct opposition to the CCST report’s key
90
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91
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92
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93
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94
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Health and RF EMF from Advanced Meters 24 Public Utility Commission of Texas
findings. The second reason is because the assertions made in the Santa Cruz memo have been used by some
smart meter detractors to justify calls for a moratorium on installation of the devices.
The Santa Cruz memo stated that CCST’s report did not account for the frequency of transmissions, any
reflections of the emissions, banks of smart meters firing simultaneously, or distances closer than three feet.
The memo also asserted that smart meters would emit RF EMF almost continuously and that it would not be
possible to program them to not operate at 100% of a duty cycle (on continuously). It stated that because of
these factors, one could not claim that Smart Meters do not exceed the time-averaged MPE limit adopted by
the FCC.
The Santa Cruz memo also stated that RF EMF exposure is additive96 and consumers may have already
increased their exposures to RF EMF emissions in the home through the voluntary use of RF emitting devices.
Michigan Public Service Commission: SGTAP Assessment of Santa Cruz Memo
On March 20, 2012, the Michigan Public Service Commission (MPSC) asked the Smart Grid Technical Advisory
Project (SGTAP) to review the Santa Cruz memorandum. SGTAP is located at the Lawrence Berkeley National
Laboratory (LBNL) and provides technical assistance and training to state regulatory commissions on topics
related to smart grid. Primary SGTAP contributors are Roger Levy, a Research Specialist and owner of Levy
Associates, and Janie Page, a Science/Engineering Associate at LBNL and the former Managing Editor at
Bioelectromagnetics Society. SGTAP’s response provided an analysis97 of the Santa Cruz memo and called its
accuracy and substance into question.
SGTAP noted the following:
1. The Santa Cruz memo made statements that were technically and scientifically incorrect and not
supported by any research.
2. The memo did not appear to provide a balanced representation of the research, the risks, or the
mitigation options.
3. The memo was instead largely focused on scientifically unsupported claims related to EHS.
4. Only half of the memo’s citations met the peer review criteria that Santa Cruz itself had identified as
necessary to be considered as a valid source.
5. Out of the remaining references, half came from a single issue of the journal Pathophysiology,98 which
would only provide a limited acknowledgement to other relevant health, scientific, or industry sources.
By relying so much on the journal, Santa Cruz denied exposing itself to a diversity of sources.
Finally, SGTAP noted that science can work toward understanding the causes of any health effects if and when
they are observed, but it has never been able to categorically declare anything as being completely safe.
SGTAP Comments on Hirsch Document
SGTAP pointed out that the Santa Cruz memo had referred to a five‐page document authored by Daniel Hirsch,
a lecturer on Nuclear Policy at the University of California, Santa Cruz. This is notable because Hirsch had
critiqued the CCST report and opponents of smart meters have cited Hirsch’s document as support for their
argument.
96
Note that the letter stated additive not cumulative.
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Health and RF EMF from Advanced Meters 25 Public Utility Commission of Texas
SGTAP concluded that:
1. The Hirsch document was not a formal report. It was a private submittal to the CPUC that did not
meet Santa Cruz’s own standards for consideration.
2. The educational and professional credentials of neither Hirsch nor his assistants could be identified
which may have qualified them to profess expertise on EMF radiation, health, or smart meter
operations.
3. The Hirsch document was severely flawed in several respects:
a. It made arbitrary assumptions;
b. It changed results that had been independently measured for some RF EMF emitting devices
to levels that are not physically possible; and
c. It further inflated figures that already had been overstated in the CCST report.
EPRI also published a paper critical of the Santa Cruz memo. EPRI’s comments will be discussed later in this
report.
Michigan Public Service Commission: SGTAP Assessment of AAEM Submittal
On April 12, 2012, the American Academy of Environmental Medicine (AAEM)99 submitted a letter100 to the
MPSC in opposition to the installation of smart meters in homes and schools. According to AAEM’s website, it
is an international association of physicians and other professionals interested in the clinical aspects of humans
and their environment. AAEM states on its site that it is interested in expanding the knowledge of interactions
between human individuals and their environment, as these may be demonstrated to be reflected in their
total health.
The AAEM site states that it provides research and education in the recognition, treatment and prevention of
illnesses induced by exposures to biological and chemical agents encountered in air, food, and water. The
certifying board for AAEM is the American Board of Environmental Medicine (ABEM), founded in 1988.101 It is
worth noting that neither AAEM nor ABEM is recognized by the American Board of Medical Specialties
(ABMS).102,103 Furthermore, the certification criteria required by ABEM are relatively sparse compared to those
of ABMS. ABEM requires that an applicant have three years’ experience practicing environmental medicine,
take the AAEM medical instructional courses, and pass a written and an oral exam.
In contrast, the ABMS certification process involves 3-7 years of residency in the specialty, testing in the
specific area of practice, a fellowship program of 1-3 years’ duration and an optional subspecialty certification.
In order to maintain certification the doctor is subjected to an ongoing peer evaluation and improvement
process designed and administered by specialists in the specific area of medicine.
As a result of AAEM’s letter, MPSC asked SGTAP to review the submittal. SGTAP provided a report104 on April
18, 2012, which focused on the logical foundation of the AAEM statements and the relevance of its citations to
99
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100
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101
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102
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103
The ABMS was established in 1933, and is composed of approved medical boards which represent 24 broad areas of
specialty medicine. ABMS is the largest physician-led specialty certification organization in the U.S. The American
Medical Association’s Council on Medical Education plays a significant role in ABMS.
104
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Health and RF EMF from Advanced Meters 26 Public Utility Commission of Texas
the smart meter issues. SGTAP did not comment on the technical merits of the individual research citations in
the AAEM letter.
The SGTAP assessment found the following four aspects of the AAEM submittal to be problematic:
1. AAEM’s assertion that research established causality of non-thermal effects;
2. The AAEM research citations and references were unrelated to smart meters;
3. AAEM’s claims of electromagnetic hypersensitivity; and
4. AAEM’s statements about the RF environment.
The following items provide detail on SGTAP’s findings.
Aspect 1: SGTAP’s Findings on AAEM’s Assertion of Non-thermal Effects Causality
When considering the purported causality of non-thermal effects, recall that RF represents an extremely wide
range of radio waves from 3 kHz to 300 GHz that spans eight orders of magnitude.105 SGTAP stated that the RF
EMF range cannot be generalized down to a single signal and that RF EMF is distinguished by a variety of
independent characteristics, including frequency and intensity.
SGTAP pointed out that existing research has emphasized the unique characteristics and potential differences
in effects from various RF EMF signals and sources. Thus, SGTAP concluded, an RF EMF effect reported at one
frequency from one source cannot be presumed to imply an effect at another frequency from a completely
different source.
The thermal effects observed as a result of exposure to RF EMF emissions at lower intensities are due to
known mechanisms and could imply larger effects at a higher intensity.
Non-thermal effects are different because they appear to be related to distinct characteristics of the biological
system being exposed and that symptoms or effects appear at specific frequencies or at distinct combinations
of fields but not at others. Because there are no identified clear mechanisms for non-thermal RF EMF effects,
there is no basis for someone to extrapolate observed non-thermal effects from one RF EMF source to
another.
The AAEM submittal referred to the nine “Hill Criteria”106 and the results of research studies which AAEM had
extended to smart meters. Note that the criteria are most often used for assessing evidence of causation in
epidemiological studies to test whether a particular agent is the cause of a selected effect. The criteria are
typically employed when it is difficult to establish controls for all experimental variables. Using the criteria in
research requires one to infer the causative agents from observational data.
SGTAP pointed out that inference is not proof and stated that the criteria cannot be applied when there are no
research-related observational results. SGTAP concluded that it is not appropriate to presume an effect when
the RF EMF sources differed in frequency, intensity, and proximity to critical biological tissues. Table 1 was
included in the SGTAP report and addresses each criterion in relation to cell phones and smart meters.
Reviewing the assessment of these criteria, it appears that the criteria have not been satisfied for cell phones,
but it is quite obvious that the Hill criteria have not been satisfied for smart meters. No matter how well the
criteria may or may not have been satisfied for cell phones, the significant differences between the two
105 8
An order of magnitude is a Power of Ten, so eight orders of magnitude would be 10 , or a 1 followed by eight zeroes
(100,000,000).
106
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Health and RF EMF from Advanced Meters 27 Public Utility Commission of Texas
technologies and the absence of research that specifically addresses smart meter operating characteristics
make any attempt to assess smart meters using Hill’s criteria moot.
Table 1: SGTAP Assessment Using Hill Criteria
Hill Criteria Cell phones Smart Meters
Strength: How large is the effect? No widespread disease has yet No published, peer-reviewed,
been reported. scientific research at this
time.
Consistency: Has the same Limited evidence from No published, peer-reviewed,
association been observed by INTERPHONE study,107 scientific research at this
others, in different populations, interpreted differently by time.108
using a different method? different researchers.
Opponents of smart meters
focus strictly on Hardell’s
positive results without
acknowledging the other results
in the INTERPHONE study.
Specificity: Does altering only the A variety of studies has looked at No published, peer-reviewed,
cause alter the effect? changes in experimental setup scientific research at this
to alter the source or size of the time.
exposure with compelling
results, most of which are
related to distinct endpoints
(e.g. oxidative stress markers
and pathological changes in
brain tissue in AAEM citation 16)
Temporality: Does the cause Hard to discern in some No published, peer-reviewed,
precede the effect? epidemiology studies because scientific research at this
hard to know state of individuals time, although some people
prior to study. Generally well claim a particular set of
controlled in lab studies. symptoms arise shortly after
meters are installed.
Biological gradient: Is there a Intensity of fields is often No published, peer-reviewed,
dose response? assumed as dose in a thermal scientific research at this
model. For non-thermal effects, time.
these criteria may not apply until
we have a better understanding
of dose.
Plausibility: Does it make sense? Mechanisms have not been well No published, peer-reviewed,
(Hill noted that knowledge of the developed other than heating scientific research at this
mechanism is limited by current processes, where it is assumed time.
knowledge). that energy accumulates until
dissipated.
107
.
108
For the purposes of the Hill criteria, reported symptoms need to be derived from well-structured research, not self-
reported anecdotal reports (e.g. Internet blogs, newspaper articles, complaints/statements to regulatory commissions,
etc.).
Health and RF EMF from Advanced Meters 28 Public Utility Commission of Texas
Coherence: Does the evidence fit Limited coherence – many of the No published, peer-reviewed,
with what is known regarding the reported effects have unknown scientific research at this
natural history and biology of the etiologies. time.
outcome?
Experiment: Are there any clinical There are some studies No published, peer-reviewed,
studies supporting the suggesting effects under certain scientific research at this
association? circumstances. time.
Analogy: Is the observed Presumed to be supported by Presumed to be supported by
association supported by similar earlier (generally higher power) cell phone studies.
associations? microwave studies.
Aspect 2: SGTAP’s Findings on AAEM’s Research Citations and References
SGTAP stated that the citations and references in AAEM’s letter were unrelated to smart meters. Smart
meters operate in the frequency range of 902 - 928 MHz, and at an intensity of less than 1 watt, but the AAEM
submittal cited references in which the frequencies and exposures measured appear to be substantively
different from the fields that have been measured from smart meters.
In the one study cited by AAEM that did use a frequency in proximity of the range used by smart meters, the
reported Specific Absorption Rate was at much greater field strength than that of a smart meter. Also, the test
subject animals’ proximity to the RF EMF source most likely would have been impossible to duplicate with a
normal wall-mounted smart meter.
Aspect 3: SGTAP’s Findings on AAEM’s Claims of Electromagnetic Hypersensitivity
SGTAP found two problems with AAEM’s claim that EHS had been documented in controlled and double-
blind109 placebo controlled conditions and in which 100% of subjects showed reproducible reactions to a
frequency to which they were supposedly most sensitive. SGTAP pointed out that disagreements to the
purported reproducibility of these reactions have been documented.
SGTAP also stated that the researcher AAEM had cited claimed that the frequencies involved in living systems
are so precise that even the phase of a frequency was significant in research results. SGTAP concluded that
while AAEM may have considered its cited researcher as credible, that finding would be in direct opposition to
AAEM’s attempt to extrapolate results from studies that used another frequency.
SGTAP also performed a detailed meta-analysis110 of available literature and found that there was no evidence
that study participants previously described as being “hypersensitive” had an improved ability to detect RF
EMF. This was further reinforced by the conclusions drawn by the World Health Organization’s (WHO)
examination of EHS. The organization found that well-controlled double-blind studies showed no correlation
between symptoms and RF EMF exposure.
109
In a double-blind experiment, neither the test subjects nor the researchers know who belongs to the control group and
who belongs to the experimental group. This is done to lessen the influence of any prejudices and unintentional physical
cues on the results.
110
A meta-analysis is a “study of studies,” i.e. a systematic method of evaluating statistical data based on results of
several independent studies of the same problem.
Health and RF EMF from Advanced Meters 29 Public Utility Commission of Texas
SGTAP made special note of the fact that the references cited by AAEM to describe claimed sensitivities among
self-identified EHS individuals were at very specific frequencies, none of which were associated with the
operation of smart meters.
Aspect 4: SGTAP’s Findings on AAEM’s Statements about the RF Environment
SGTAP stated that recent measurements revealed that smart meters contribute only a small fraction of the
total RF EMF emissions in a typical environment to which the general population is routinely exposed. SGTAP
concluded that only a negligible reduction in total existing RF EMF exposures would result if smart meters were
eliminated entirely.
Electric Power Research Institute
EPRI111 is an independent, nonprofit organization that conducts research and development relating to the
generation, delivery and use of electricity for the benefit of the public. EPRI provides technology, policy, and
economic analyses to promote long-range research and development planning and supports research in
emerging technologies. Scientists and engineers from EPRI, along with experts from academia and industry,
address the challenges of electricity including reliability, efficiency, health, safety, and the environment.
For more than 30 years, EPRI has taken an active role in characterizing electromagnetic environments
associated with power frequency transmission and distribution systems. More recently, the organization has
done the same with RF EMF from smart meters. In February 2010, EPRI released a brief overview on RF EMF
exposure associated with smart meters entitled “A Perspective on Radio-Frequency Exposure Associated with
Residential Automatic Meter Reading Technology.”112 Since that time, EPRI has performed multiple
investigations on RF EMF, and the results have been shared with regulators and industry as well as with the
general public in an effort to foster a common understanding of RF EMF environments.
EPRI Technical Report on RF Emissions from Two Models of Smart Meters
EPRI has published several documents related to the RF EMF emitted by smart meters. In a December 2011
document113, EPRI presented the results of a study by Richard Tell Associates114 which EPRI had sponsored.
Richard Tell Associates is a scientific consulting business focused on electromagnetic field exposure
assessment, compliance with applicable standards and regulations on RF and power frequency fields and
training related to the measurement, analysis and interpretation of electromagnetic fields.
The EPRI study was performed over a period of approximately six months during 2011 and analyzed two
different wireless smart meters, a General Electric-I210 and a Landis+Gyr Focus AXR-SD, that Pacific Gas &
Electric (PG&E) was in the process of deploying in its service territory. The meters contained two low power
transmitters. One transmitter was 1W, to be used for communication in a mesh network, while the other was
0.1W, intended for a potential future Home Area Network (HAN). Each meter was also equipped with one of
two different wireless communication packages developed by Silver Spring Networks.
The study found that the RF EMF field levels from the smart meters were below the exposure limits specified
by the FCC. Furthermore, calculations determined that as the system was operating, nearly 99.9% of the
111
.
112
.
113
.
114
.
Health and RF EMF from Advanced Meters 30 Public Utility Commission of Texas
meters transmitted 1% or less of the time, and 99% of the meters transmitted less than 0.4% of the time. FCC
exposure limits for the general public take these duty cycles115 into account when estimating potential
exposures and are based on a 30-minute average of power density across the body.
Preliminary measurements on the meters were conducted to:
Determine the magnitude of the RF fields generated by the 1W mesh transmitter;
Examine the meter’s directional characteristics;
Observe any unusual low frequency emissions in the 5 Hz to 100 kHz band that might be produced by
the electronic circuits within the meters; and
Measure the attenuation by a simulated stucco wall, common in many California homes.
In the next phase of the study, on-site measurements at six residential locations were conducted. This was
done to determine typical indoor values of the RF EMF produced by the smart meter installed on a home. In
addition, measurements were taken of the composite RF EMF environment where collections of smart meters
were aggregated in a small space. This procedure was performed at three different apartment complexes,
including one where 112 smart meters were collocated. Short-term duty cycles for several smart meters were
also measured. Finally, the investigators took field measurements at a single data collector which gathers
meter data from potentially thousands of residences.
Calculating Smart Meter RF EMF Emission Duty Cycles
The study collected and analyzed data transmissions from 88,296 smart meters through the utility’s data
management system. This large sample revealed the statistical distribution of meter duty cycles and enabled
the calculation of the value for time-averaged potential exposure.
The EPRI report stated that the analysis identified one meter in 88,296 that exhibited a maximum duty cycle of
13.9%. It also found that half of the meters exhibited duty cycles not exceeding 0.0465%, 99% of meters had
duty cycles not exceeding 0.355%, 99.9% had duty cycles at or below 1.12%, and 99.99% of meters had
maximum duty cycles of 4.53% or less. The data confirmed that smart meters, while transmitting
intermittently throughout the day, create RF fields for only very small fractions of the day. For example, half of
all meters would be expected to actually transmit no more than 40 seconds per 24 hour day.
Considering the Directionality of RF EMF
The study also investigated the directional emission patterns of the meters. It found that the forward direction
was strongest; rearward-directed fields were reduced by a factor of ten, and in some cases reductions of a
factor of 100 were measured.116
Considering Groups of Meters
EPRI’s report demonstrated that groups of smart meters mounted on apartment buildings at three different
locations did not result in greater peak values of RF EMF fields than those produced by an individual meter.
The study did find that average field magnitudes were higher due to the operation of multiple meter
115
Duty cycle is the time that the radio module in a smart meter is emitting as a fraction of the total time period being
considered.
116
To be more precise, the reductions were 10 and 20 decibels respectively.
Health and RF EMF from Advanced Meters 31 Public Utility Commission of Texas
transmitters but that higher average composite duty cycles did not change the conclusion that such exposures
are compliant with the established FCC limits.
Considering the HAN Transmitter
The HAN radio inside a smart meter is not currently implemented in PG&E’s deployment, but the study found
that when it was activated, the resulting EMF RF fields were substantially weaker due to their lower effective
isotropic117 radiated power (EIRP).118 These radios also complied with the FCC exposure limits.
Report Conclusions on RF EMF Exposure
The EPRI report concluded that individuals in smart meter-equipped homes are commonly exposed to RF EMF
emissions that are orders of magnitude less than what would occur for an individual standing immediately
adjacent to and in front of the meter. It stated that the measurements performed in the six subject California
residences found that 99% of the measured peak values were less than 0.8% of the MPE for the general public
tier, and 90% of the measured values were less than 0.1% of the MPE.
The report stated that RF EMF emissions from smart meters that transmit data wirelessly are constrained by
the low power of the transmitter’s power and by the antenna’s gain. Estimating smart meter fields is a
straightforward calculation based on the EIRP of the meter. Locations where the greatest exposure can occur
warrant no special consideration of reflections.
In summary, the EPRI report stated that the smart meter emissions are minute compared to the applicable FCC
exposure limits. It also concluded that the smart meters comply with the FCC MPEs whether:
The peak measured fields are corrected for meter duty cycles;
Spatial averaging or any other factor that reduces RF fields, such as the construction materials of
homes is considered;
The meters exist in a large group or individually; or
Individuals are outside near the smart meter or inside their residence.
As expected, the EPRI study found that the strongest fields occurred at the closest distance that measurements
were performed (one foot). Typical peak fields at this distance were found to be about 10-15% of the MPE.
The study also found that time-averaged and spatially-averaged values, at this point of maximum peak field,
were estimated to be at most 0.14% of the FCC MPE, depending on the activity of the meter.
EPRI Comments on the Santa Cruz and AAEM Memoranda
EPRI also provided commentary119 on the documents that the County of Santa Cruz Health Services Agency and
AAEM had issued in response to the report from the CCST. EPRI stated that neither the Santa Cruz memo nor
the AAEM document accounted for the large body of research on RF EMF that has been conducted over the
past 50 years or the “weight-of-evidence” approach utilized by a large number of expert groups and panels
that have convened over the years to assess the literature on RF health science.
117
Isotropic means “uniform in all orientations.”
118
EIRP is the amount of power that a theoretical antenna that evenly distributes power in all directions would emit to
produce the peak power density observed in the direction of maximum antenna gain.
119
.
Health and RF EMF from Advanced Meters 32 Public Utility Commission of Texas
EPRI concluded:
“The transmittal from the Santa Cruz County health officer reflected a misunderstanding of several
terms and concepts, including some of the basic principles of how smart meters work.”
FCC RF EMF Exposure Guidelines
The 1997 FCC rule on RF EMF exposure was crafted from two earlier guidelines. The first guideline was
published by the NCRP in 1986.120 The second guideline was issued by the IEEE in 1991 and revised in 2005.121
Before the FCC published its rule, it received endorsements from the U.S. Environmental Protection Agency
(EPA), the FDA, and the U.S. Occupational Safety and Health Administration (OSHA). The EPA reaffirmed its
opinion in 1999 and 2002.
Both sets of guidelines originated from an extensive review of the literature published in the fields of biology
and health, regardless of whether the research had been conducted at non-thermal levels of exposure. NCRP
and IEEE both concluded that the only established health effects of RF EMF were associated with tissue heating
and that there were no confirmed adverse effects from RF exposure levels below an exposure threshold
associated with an elevation in body temperature of about 1.8° F (1° C).
EPRI stated that since the FCC rulemaking, experts have revisited the expanding body of scientific evidence
concerning potential health effects from RF EMF exposure. The conclusions were consistent with the position
taken by the FCC in 1997.
Furthermore, following a comprehensive review of the scientific literature, the International Commission on
Non-Ionizing Radiation Protection (ICNIRP) published exposure limits in 1998 and reaffirmed them in 2009,
while the IEEE issued its exposure limits in 2005. EPRI stated that both organizations’ numbers were very
similar to those of the FCC.
EPRI Addresses the WHO Classification of EMF as a 2B Carcinogen
In the spring of 2011, concerns about RF EMF exposures received significant visibility when the International
Agency for Research on Cancer (IARC), a division of the WHO, published the results of its evaluation of
potential cancer risks from RF exposures. The “IARC Monographs” identify environmental factors which can
increase the risk of cancer in humans. These factors include chemicals, complex mixtures, occupational
exposures, physical agents, biological agents, and lifestyle factors. National health agencies can use this
information as scientific support for their actions to prevent exposure to potential carcinogens.122
According to EPRI, based on what can be considered as limited epidemiologic evidence in studies of cell
phones and also limited evidence from a small fraction of all reported animal experiments, IARC classified
radiofrequency electromagnetic fields as a “possible” or a Group 2B carcinogen.
To help put things into perspective, one must first understand the hierarchy of IARC categories. The
categories, also known as Monograph Groups, consist of the following:
120
“NCRP Report No. 86 - Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields”.
121
.
122
.
Health and RF EMF from Advanced Meters 33 Public Utility Commission of Texas
Group 1: Carcinogenic to Humans (i.e., sufficient evidence);
Group 2A: Probably Carcinogenic (less than sufficient evidence);
Group 2B: Possibly Carcinogenic (limited evidence, less supportive evidence than 2A);
Group 3: Not Classifiable (inadequate and/or insufficient evidence for classification).123
With reference to Monograph Groups 2A and 2B, IARC stated:
“The terms probably carcinogenic and possibly carcinogenic have no quantitative significance and are
used simply as descriptors of different levels of evidence of human carcinogenicity, with probably
carcinogenic signifying a higher level of evidence than possibly carcinogenic.”124
EPRI stated that the IARC 2B classification of RF EMF provides for a range of qualitative interpretations
concerning its potential carcinogenicity. This IARC 2B classification indicates that more research information
would be required for a more definitive statement in either direction.
EPRI continued, saying that the weight of current evidence still does not provide a basis to conclude that RF
EMF can be considered as being “probably” carcinogenic. EPRI also indicated that IARC has near-term plans to
evaluate the potential effects of RF EMF on all health outcomes, including cancer.
PUCT Staff’s Observations on IARC 2B Carcinogens
There are over 200 substances in the IARC’s 2B category, many of which have lengthy chemical names. Casual
observers of such a list may become alarmed when they recognize a familiar item on it.125
Opponents of smart meters have noted the pending inclusion of RF EMF into the IARC 2B classification, and
typically mention the pesticide DDT (dichlorodiphenyltrichloroethane) and elemental lead as also having been
placed into the same classification (DDT was added in 1991, lead was added in 1987).
All this must be examined objectively and in the proper context.
Decades ago, DDT was found to have a demonstrable negative environmental impact widely viewed as
outweighing its perceived benefits and found to accumulate in living tissue, leading to obvious health issues.
For those reasons, it was removed from the market. Note that the potential for cancer is not why the
substance was withdrawn.
Lead is also a bioaccumulative substance and has known toxic effects, such as interfering with a variety of body
processes including those of the nervous system. As a result, its use has been continually reduced over the
past few decades. Again, the potential for lead to cause cancer is generally not why the use of the substance
has fallen out of favor.
To date, there is insufficient evidence to declare with confidence that either one of these substances is cancer-
causing. Otherwise by now, one or both substances most likely would have been placed under a different IARC
classification, namely one that required a higher level of evidence.
123
.
124
.
125
See the References and Resources page for the entry under “Way, Tom.”
Health and RF EMF from Advanced Meters 34 Public Utility Commission of Texas
In exploring comments made by some smart meter opponents filed with the Commission or found while
researching the issue on the Internet, elemental lead and DDT have been mentioned in conjunction with RF
EMF, but there has been no mention of the following well-known, common substances that are also included
in the 2B Classification by the IARC:
Coffee (added 1991);
Pickled vegetables (added 1993); and
Talc body powder (added 2010).
Lead and DDT are two substances that are widely known to cause health effects other than cancer and
therefore carry with them a stigma. To mention them while excluding other substances which are both
commonly used and generally considered benign, such as the ones listed above, and without the proper
context, imparts a negative bias. This negative bias may prejudice the observer and alarm and confuse those
who may have valid concerns about health and are attempting to understand rather complex concepts.
EPRI Workshops on RF Emissions and Health
In 2011, EPRI hosted two workshops to discuss the IARC classification. A report on the proceedings is available
to the public in a document entitled “Program on Technology Innovation: Environmental and Health Issues
Related to Radiofrequency Emissions from Smart Grid Technologies - Summary of Two Workshops.”126
The purpose of the first workshop was to more specifically identify emerging technologies within the electric
utility industry whose operation would result in EMF emissions. Such emissions may be produced for
purposeful reasons, namely for communications, or might be a byproduct of a technology, such as emissions
from appliances powered with variable speed drives.
The second workshop was a gathering of international scientists who shared their expertise to review the most
important health issues associated with RF exposure and to identify priorities for further research. This
workshop covered all aspects of RF science including exposure assessment, epidemiology, laboratory studies
on both animals and humans, and biophysical mechanisms.
As a result of the workshops, EPRI issued a report that functions as a backdrop for potential future research to
address environmental and health issues regarding smart grid technologies. It concluded:
• Current research regarding the health implications associated with RF emissions of new technologies
has focused primarily on the nearly universal use of cell phones;
• Little information concerning characterization of exposure from projected smart grid and associated
technologies is currently available;
• Though no adverse effects of “non-thermal” exposures have been identified, various unresolved
questions remain, including a consistent observation of slightly altered brain wave activity in human
subjects exposed to radio-frequency fields under laboratory conditions; and
• That the organization was well positioned to inform and educate all stakeholders about environmental
risks and risk management options associated with technology deployment and operation.
126
.
Health and RF EMF from Advanced Meters 35 Public Utility Commission of Texas
EPRI Investigations of RF EMF from Smart Meter Technology and Smart Grid Components
In 2010, EPRI published a 222-page technical report on its investigation of a particular smart meter entitled
“An Investigation of Radiofrequency Fields Associated with the Itron Smart Meter.”127 The results indicated
that RF EMF from the smart meter was well below the MPE established by the FCC.
For instance, at a distance of one foot, the RF EMF from a meter was not expected to exceed 0.8% of the MPE
established by the FCC. For the cell relay, the study found that the RF field would not exceed 0.2% of the MPE.
Even at very close distances, such as one foot directly in front of the meter and making the highly unrealistic
assumption that the transmitters operate at 100% duty cycle, the resulting exposure was still found to be less
than the FCC MPE.
When viewed in the context of a realistic and typical exposure distance of ten feet, the RF fields were much
smaller: about 0.008% for the meter and about 0.002% of MPE for the cell relay.
EPRI’s study stated that for occupants of a home equipped with a smart meter, interior RF fields were
expected to be less than one-tenth as intense simply due to the directional properties of the meter. The
investigation found that when a stucco128 home’s construction was included, the realistic value of the interior
RF field would be attenuated to about 0.023% of the MPE for a meter and about 0.065% for a cell relay.
The investigators stated that regardless of duty cycle values for meter and cell relay meters, typical exposures
that resulted from the operation of smart meters were very low and complied with scientifically-based human
exposure limits by a wide margin.
EPRI also produced a brief case study in February 2011 on another smart meter with similar results under the
title “Radio-Frequency Exposure Levels from Smart Meters: A Case Study of One Model.”129 In the interest of
brevity and to avoid repetition, the findings of that EPRI publication are summarized in Table 2 below. The
entire referenced document is publicly available from EPRI.
127
.
128
Stucco is a common home construction material in California, where this analysis was performed.
129
.
Health and RF EMF from Advanced Meters 36 Public Utility Commission of Texas
Table 2: EPRI Findings – Radio Frequency Levels from Various Sources130
2 Spatial
Source Frequency Exposure Level (mW/cm ) Distance Time
Characteristic
Cell 900 MHz and 1-5 At ear During call Highly
(131)
phone 1800 MHz localized
Cell phone 900 MHz and 0.000005-0.002 Tens to a Constant Relatively
base station 1800 MHz few uniform
thousand
feet
Microwave 2450 MHz ~5 2 inches During use Localized,
oven 0.05-0.2 2 feet non-uniform
Local area 2400 MHz or 0.0002-0.001 (wireless router) 3 feet Constant when Localized,
(132)
networks 5000 MHz 0.000005-0.0002 (client card) nearby non-uniform
Radio/TV Wide spectrum 0.001 (highest 1% of population) Far from Constant Relatively
broadcast source uniform
0.000005 (50% of population) (in most
cases)
Smart 900MHz and 0.0001 (250mW, 1% duty cycle) 3 feet When in Localized,
(133)
meter 2400 MHz 0.002 (1 W, 5% duty cycle) proximity non-uniform
during
0.000009 (250 mW, 1% duty cycle) transmission
0.0002 (1 W, 5% duty cycle) 10 feet
EPRI has also published a document that outlines eight projects involving the study of EMF and RF health and
safety which the organization plans to perform in 2013. Most of these projects have multiple parts, several of
which are expected to continue into subsequent years. The organization refers to this series of investigations
and their resulting products as Program 60.134 Its estimated funding for the program in 2013 is $5 million.
Among the products to be completed in 2013 are:
• A peer review of literature regarding investigations of potential EMF/RF interference with implanted
medical devices (e.g. pacemakers);
• A technical report to address emerging concerns about potential EMF effects on behavior and health
of honeybees and cattle; and
• A technical update on RF exposure from wireless sources.
130 2
FCC rule: From 300 MHz to 1500 MHz, MPE = 0.2 x f/300 mW/cm (f is frequency in MHz); for 1500 MHz and greater,
2 2 2
MPE = 1 mW/cm . For example, at 900 MHz MPE = 0.2 x (900/300) mW/cm = 0.6 mW/cm . Note: Compliance for cell
phones is provided by manufacturers, and expressed in terms of SAR, which cannot exceed 1.6 W/kg for any single gram
of tissue.
131
Based on a 3-inch, 250 mW antenna emitting in a cylindrical wave front.
132
Wireless router based on a 30-100 mW isotropic emitter. Client card based on: Foster KR. 2007.
133
Based on spatial peak power density with 6 dB (x4) antenna gain. For instantaneous power density during
transmission, multiply the value for 1% duty cycle by 100, and the value for 5% duty cycle by 20.
134
.
Health and RF EMF from Advanced Meters 37 Public Utility Commission of Texas
EPRI Comments on Sage Report
In January 2010, Sage Associates,135 an environmental consulting firm whose principal is Cindy Sage,136 issued a
report entitled “Assessment of Radiofrequency Microwave Radiation Emissions from Smart Meters.”137 The
report compared RF field levels of smart meters to the FCC’s exposure limits and concluded that smart meters
and collector meters installed in California were likely to violate the FCC limits, even under normal conditions
of installation and operation. The report also compared field levels from smart meters to those from studies
that reported biological and health effects.
In February 2010, EPRI addressed the research findings cited in the Sage report in a document titled “EPRI
Comment: Sage Report on Radio-Frequency (RF) Exposures from Smart Meters.”138 EPRI found that:
The Sage report misapplied the specifications in the FCC rule;
The report findings had not been replicated or were inconsistent with the results of other studies; and
Virtually every recent mainstream expert scientific review of the RF health literature conducted in
North America and Europe either had not confirmed the effects cited in the report or found them
indefinite.
Joint White Paper of EEI, UTC, and AEIC
In March 2011, Edison Electric Institute (EEI), Utilities Telecom Council (UTC), and Association of Edison
Illuminating Companies (AEIC) jointly issued a white paper139 entitled “A Discussion of Smart Meters and RF
Exposure Issues.”
The paper discusses how the location, distance from the transmitter, shielding by meter enclosures,
attenuation of building materials, direction of RF emissions, and transmit duty cycle have a significant effect on
RF EMF exposure levels. It also reviews the conclusions of several Smart Meter RF studies and actual
measurements of Smart Meter RF emissions. Other observations made in the paper include:
All smart meter radio devices must be certified to the FCC’s rules.
Tests simulating multi-family metering locations containing several meters in close proximity have
shown RF exposure levels dramatically less than the FCC limits.
The FCC limits on MPE for application to the general public were set using safety factors one-fiftieth
(1/50th) of the levels of known effects.
Exposure levels drop significantly:
o with the distance from the transmitter,
o with spatial averaging, and
o in living spaces due to the attenuation effects of building materials.
Due to shielding of the meter enclosure and signal patterns, RF exposure from the rear of a metering
location is nominally one-tenth of that in front of the meter and dramatically below FCC limits, not
including the spatial averaging and building material attenuation reductions.
135
.
136
The Sage website states that Mrs. Sage has been involved in EMF issues as an environmental consultant and public
policy researcher since 1982. She holds an M.A. degree in Geology and a B.A. in Biology.
137
.
138
.
139
.
Health and RF EMF from Advanced Meters 38 Public Utility Commission of Texas
For measurement and calculation purposes, some studies use a 100% duty cycle. However, the
maximum operational duty cycle for smart meter systems is less than 50% to prevent message traffic
congestion and data packet collisions. The typical duty cycle for smart meter systems is between 1%
and 5%.
An RF exposure comparison of a person talking on a cell phone and a person three and ten feet from a
continuously operating smart meter would result in smart meter RF exposure that is 0.08% - 0.8% of a
cell phone.
In test environments simulating operational conditions, for power (0.250 - 2 watts), duty cycle (2% –
5%) at close distance (one foot) from in front of the transmitter, smart meters produce very low RF
exposure to the consumer. They are typically well under 10% of the FCC exposure regulations.
The paper stated that before utilities accept and deploy smart meters, the devices must meet a number of
national standards and comply with state and local codes designed to ensure proper operation, functionality,
and safety. Specifically, smart meters and smart meter installations are typically designed to conform with and
certified to comply with:
ANSI C12.1, 12.10, and 12.20 standards for accuracy and performance;
National Electrical Manufacturers Association (NEMA) SG-AMI 1-2009 “Requirements for Smart Meter
Upgradeability”;
FCC standards for intentional and unintentional radio emissions and safety related to RF exposure,
Parts 1 and 2 of the FCC’s Rules and Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093];
Local technical codes and requirements; and
Utility-specific and customer beneficial business and technical requirements.
The paper also discusses how manufacturers conduct performance and life cycle testing for meters and for
major design changes to existing meters, including hardware and firmware. Once the testing is successfully
completed, components of the smart meter system are certified by a utility or a third party for production and
purchase. Finally, the paper outlines the process utilities use to accept materials and to evaluate each
shipment of equipment for quality and compliance to specification after certification and purchasing.
Health and RF EMF from Advanced Meters 39 Public Utility Commission of Texas
Government and Academia
National Cancer Institute at the National Institutes of Health
The National Cancer Institute (NCI)140 was established by Congress in 1937 and is one of 27 Institutes and
Centers that form the National Institutes of Health (NIH). The NIH is one of the world’s foremost medical
research centers and is a part of HHS. NIH officials reported that the agency has provided about $35 million
for research on health effects of RF energy from mobile phone use from 2001 to 2011.141
NCI’s main responsibilities include coordinating the National Cancer Program, conducting and supporting
cancer research, training physicians and scientists, and disseminating information about cancer detection,
diagnosis, treatment, prevention, control, palliative care, and survivorship. Most of NCI’s budget is used to
fund grants and contracts to universities, medical schools, cancer centers, research laboratories, and private
firms in the U.S. and about 60 other countries around the world.
One result of NCI’s responsibilities to collect, analyze, and disseminate the results of cancer research
conducted in the U.S. and in other countries is its webpage “Cell Phones and Cancer Risk,”142 that concisely
provides information in a Question and Answer format. While the webpage does not explicitly address the
wireless communications technologies used by smart meters, if one accepts the notion that these technologies
are similar to cell phones, the page offers useful information.
Key points made by NCI:
Cell phones emit RF energy, a form of non-ionizing EM radiation which can be absorbed by tissues
closest to where the phone is held.
The amount of RF energy to which a cell phone user is exposed depends on the technology of the
phone, the distance between the phone’s antenna and the user, the extent and type of use, and the
user’s distance from cell phone towers.
Studies thus far have not shown a consistent link between cell phone use and cancers of the brain,
nerves, or other tissues of the head or neck. More research is needed because cell phone technology
and how people use cell phones have been changing rapidly.
These conclusions were mainly based on the results of some recently published studies including one from
early 2012. NCI had reported on the results143 indicating that while cell phone use in the U.S. had increased
substantially over the period from 1992 to 2008 (from nearly zero to almost 100 percent of the population),
the country’s trends in glioma, the main type of brain cancer hypothesized to be related to cell phone use, did
not mirror that increase. Results of this study were published online March 8, 2012 in the British Medical
Journal.144
The NCI statement generally agreed with its comments145 regarding the Interphone study146 released nearly
two years prior. The study was an international collaboration and the largest of its kind at the time which had
140
.
141
.
142
.
143
.
144
.
145
.
146
.
Health and RF EMF from Advanced Meters 40 Public Utility Commission of Texas
looked at both glioma and meningioma, another form of brain cancer. It was published online in the
International Journal of Epidemiology on May 17, 2010.
FCC Letter: Equipment Authorization, Exposure Limits, and Interference
The FCC is an independent U.S. government agency.147 The agency was established by the Communications
Act of 1934 and is charged with regulating interstate and international communications by radio, television,
wire, satellite, and cable. Only three commissioners may be members of the same political party. None of
them can have a financial interest in any Commission-related business. The commissioners supervise all FCC
activities, delegating responsibilities to staff units and Bureaus.
The FCC’s OET laboratory oversees the Equipment Authorization program. This program provides guidelines
for the sale and use of equipment using the radio frequency spectrum. The devices subject to these rules must
comply with the regulations in order to be considered as operating properly and to not create harmful
interference. Subject RF devices may not be imported and/or marketed until they have demonstrated
compliance with the technical standards specified by the FCC. These standards may be found in the rule
section that governs the service wherein the equipment is to be operated. Financial penalties can be assessed
if one does not comply with the appropriate FCC equipment authorization procedure. The Equipment
Authorization procedures are publicly available for review.148
In March 2010, Cindy Sage sent a letter to the FCC with questions on several topics such as the agency’s RF
exposure limits, adjacent smart meter installations, and the potential for interference with other devices,
especially medical devices. In August 2010, Julius Knapp, Chief of the FCC’s Office of Engineering and
Technology, responded.149 The FCC letter explained that SAR evaluations were unnecessary with devices not
held against the body and that power density (field strength) measurements were a sufficient and appropriate
measure of exposure. The letter explained that FCC field strength limits and SAR limits are both time-averaged
figures.
The FCC response pointed out that when the agency grants equipment authorizations (EA), it takes into
account the peak power of the device because it is relevant to interference concerns. In contrast, exposure
evaluations utilize maximum time-averaged power because that measurement takes into account how often a
device will transmit. The purpose of a smart meter is to provide very infrequent information, so it transmits
only in occasional bursts.
The FCC letter also addressed multiple adjacent smart meter installations. Since each smart meter has its own
antenna, the separation distance of a person from most of the antennas is relatively large so that the potential
exposure is quite small. Only one transmitter at a time can communicate with the collector to avoid the
packets of data colliding with one another. Therefore, exposure from multiple signals at once does not occur.
Signal strength decreases exponentially with distance, and there are additional losses of signal due to not
being in the line of sight. In order for a device to be granted an EA, even banks of collocated meters must be
compliant to the FCC’s public exposure limits. Finally, the letter explained that auditing and review of EA
grants is a routine function of the OET laboratory.
147
.
148
.
149
.
Health and RF EMF from Advanced Meters 41 Public Utility Commission of Texas
The FCC letter also addressed interference with medical devices, explaining that smart meters operate under
Part 15 of the FCC Rules,150 which specify power limitations to avoid interference. It stated that certain
medical devices may need special precautions in many other environments, and that these are generally
considered during FDA approval of the individual medical device.
GAO Report: Exposure and Testing Requirements for Mobile Phones Should Be Reassessed
In July 2012, the U.S. Government Accountability Office (GAO) issued a report151 that recommended the FCC
formally reassess and, if appropriate, change its current RF energy exposure limit and mobile phone testing
requirements. It suggested that consideration be given to likely usage configurations, particularly when
phones are held against the body. The FCC noted that it is currently considering a draft document which has
the potential to address the GAO’s recommendations.
The GAO also noted that international organizations have updated their exposure limit recommendation in
recent years, based on new research whereas the FCC’s current standards were based on research prior to
1996. The new international limit had been widely adopted by other countries, including countries in the
European Union.
It is important to note that the GAO stated “the new recommended limit could allow for more RF energy
exposure (emphasis added), but actual exposure depends on a number of factors including how the phone is
held during use.” Whereas one may argue that new RF exposure limits could be considered germane to smart
meters (although RF emissions from smart meters are several orders of magnitude less than the exposure
limit), smart meters are not in direct contact with the body.
According to the GAO report, the National Institute of Environmental Health Sciences (NIEHS), a part of the
NIH, has a study underway described as “examining the toxicology and carcinogenic effects of RF energy in
laboratory animals as part of the National Toxicology Program.” The National Toxicology Program is an
interagency program whose three core federal agencies are NIEHS, the Centers for Disease Control and
Prevention’s (CDC)152 National Institute for Occupational Safety and Health (NIOSH),153 and the FDA’s National
Center for Toxicological Research. Total NIH funding for the study was reported to be $25.6 million, and its
estimated year of completion is 2015.
According to the GAO report, CDC officials reported that a staff member is collaborating with researchers in
seven countries to conduct additional analyses on data collected through the INTERPHONE study to determine
whether occupational exposure to RF energy and chemicals was a risk factor for brain cancer.154
150
.
151
.
152
The CDC states that its mission is to collaborate to create the expertise, information, and tools that people and
communities need to protect their health – through health promotion, prevention of disease, injury and disability, and
preparedness for new health threats.
153
NIOSH states that its mission is to generate new knowledge in the field of occupational safety and health and to
transfer that knowledge into practice for the betterment of workers.
154
Ibid.
Health and RF EMF from Advanced Meters 42 Public Utility Commission of Texas
Other Governmental Jurisdictions and Agencies
City of Naperville, Illinois
In early 2011, some utility customers of Naperville, Illinois expressed concerns regarding the RF EMF emissions
from the smart grid equipment that was being deployed for the Naperville Smart Grid Initiative (NSGI). To
address the concerns, detailed RF measurements were taken from the smart grid equipment, common
household devices, and the ambient Naperville RF EMF environment. Engineers from the Naperville
Department of Public Utilities performed the RF testing and compared it to permissible FCC power density
specifications.
This emissions testing report issued on November 10, 2011 contains the test scope, overall approach, detailed
test procedures, the complete set of test data, explanations, illustrations, and conclusions.155,156 The
comprehensive testing resulted in the following key findings:
The NSGI smart grid equipment emitted RF power densities that are well below the FCC guidelines.
Measurements of the smart meter equipment’s instantaneous or peak RF power densities ranged
between 1% and 3.2% of FCC limits at 20 cm in front of the meter. Note that the measurements
observed were from a specially programmed continuously transmitting meter, which would yield
inflated results when compared with real world situations.
Measurements of the smart meter equipment average RF power densities ranged between 0.002%
and 0.003% of FCC limits at 20 cm in front of the meter over a 30-minute period.
The maximum backhaul equipment measured instantaneous or peak RF power density observed was
0.0277% of the FCC limit (measured 20 cm directly in front of the antenna).
The smart grid equipment average RF power densities were lower than typical household devices such
as microwaves, cell phones, and Wi-Fi routers.
NSGI also issued a brochure157 to put the RF EMF emissions from its smart meters into perspective:
“...a person sitting 10 feet in front of their smart meter would have to be there for more than 100
years158 to receive the same RF energy that they would receive from a 3-minute cell phone159 call. If a
person were sitting inside their home 3 feet from the back of a smart meter, they would have to be
there for more than 200 years158 to receive the same RF energy as they would from a 3-minute cell
phone159 call.”
155
.
156
.
157
.
158
Meter Specifications: Front of meter - Duty Cycle: 0.1%, AMI radio power: 250 mW EIRP, Distance: 10 ft. (305 cm);
Behind Meter - Duty Cycle: 0.1%, Distance 3 ft. (91 cm).
159
Cell Phone Specifications: Duty Cycle 45%, Peak Transmitter Power after antenna: 600 mW EIRP, Distance: 1 cm.
Health and RF EMF from Advanced Meters 43 Public Utility Commission of Texas
Maine Center for Disease Control & Prevention
On October 25th, 2010 a complaint was filed with the Maine Public Utilities Commission (MPUC) focusing on
concerns related to the health, safety, and security of smart meters.160 The Maine Office of the Public
Advocate (OPA) called upon the Maine Center for Disease Control & Prevention (Maine CDC) to comment on
health concerns related to the wireless communication technology used in the smart meters being installed by
Central Maine Power. The Maine CDC received numerous emails and other communications on the issue, and
its Public Health Director, Dr. Dora Anne Mills, reviewed the materials sent to her by both opponents and
proponents of smart meters. Dr. Mills assembled several Maine CDC staff for further review of the material.
A report was issued161 by the Maine CDC on November 8, 2010 to the MPUC and OPA. The Maine CDC
reported that its review of national and international government or government-affiliated assessments162
indicated a broad consensus that studies at the time gave no consistent or convincing evidence of a causal
relation between RF exposure in the range of frequencies and power used by smart meters and adverse health
effects.
According to the Maine CDC’s report, they discovered little information in the assessments that spoke directly
about the safety of RF exposure from smart meters. There was, however, much discussion about the safety of
mobile phones. Mobile phone use represents an RF EMF exposure qualitatively similar to smart meters in
range of frequency, but because the power of mobile phones is higher and typical use entails exposure closer
to the body, the resulting exposure to RF EMF appeared to be quantitatively much greater than that from
smart meters.
Thus, the report stated, it appeared that the lack of any consistent and convincing evidence of a causal relation
between RF EMF exposure from mobile phones and adverse health effects would indicate even less concern
for potential health effects from use of smart meters.
Subsequent to the investigation, the Maine CDC and others received several letters from people expressing
concerns about the review. In order to ensure that OPA, MPUC, and the correspondents had concise
responses, Maine CDC grouped the concerns into eight topic areas and compiled a “Frequently Asked
Questions” (FAQ) document163 published on November 29, 2010, which addressed the concerns.
Vermont Department of Health
In January 2012, the Vermont Department of Health measured the RF EMF emissions at active smart meters
that had been installed in the town of Colchester by Green Mountain Power. The resulting report164 stated
that readings from the meters verified that the devices emitted only a small fraction of the RF EMF emitted
from a typical cell phone, even at very close proximity to the meter. The readings were well below regulatory
limits set by the FCC.
The report stated that the measurements taken directly in contact with a smart meter mounted on the
exterior wall of a residence ranged from 50 to 140 microwatts per square centimeter (abbreviated μW/cm2),
160
.
161
.
162
.
163
.
164
.
Health and RF EMF from Advanced Meters 44 Public Utility Commission of Texas
compared to the FCC’s 610 μW/cm2 MPE limit for the general population.165 Measurements taken at distances
of three feet or more away from the smart meter were at or near background levels of RF EMF.
Monterey County, California
In late 2010, members of the public that had concerns about potential adverse health effects of smart meters
asked the Monterey County Board of Supervisors (the Board) to ban the use of smart meters in Monterey
County. On January 11, 2011, the Board requested that the Monterey County Health Department review the
literature and produce a report that summarized scientific findings related to smart meters and any potential
adverse health effects. In March, 2011 the Health Department issued its report, entitled “Review of Health
Issues Related to Smart Meters.”166
The report’s conclusions were as follows:
Currently available literature indicates that exposure to RF energy from smart meters should be less
than that experienced by routine mobile phone use.
Based on the data available at the time of this review, the current FCC standard provides an adequate
factor of safety against known thermally induced health impacts of existing common household
electronic devices and smart meters.
Despite extensive studies, there is no consistency of findings across studies regarding an association
between non-thermal adverse health effects and exposure to EMFs from mobile phones.
Due to various factors, further study is warranted to understand the potential for long-term adverse
non-thermal health effects of RF energy from sources such as mobile phones.
The lower exposure levels likely to be experienced from the deployment of smart meters compared to
mobile phones should provide consumers some reassurance that there is a lower potential for adverse
non-thermal health effects from the operation of smart meters.
Some countries have adopted different exposure limits for EMF or placement of EMF arrays and
towers in relation to certain populations based on the Precautionary Principle rather than on scientific
certainty.
Australia: Smart Meter Installations in the State of Victoria
In Australia, smart meters and other wireless devices used for communication having frequencies similar to
mobile and cordless phones, are regulated by the Australian Communications and Media Authority (ACMA).
Emissions from these wireless devices must comply with the ACMA Radiocommunications (Electromagnetic
Radiation - Human Exposure) Standard 2003 as amended in 2011.167 This standard mandates the exposure
limits set by Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) which were designed to
protect against all known adverse health effects. These exposure limits are described in the document
“Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz.”168
In 2011, the Victorian state government commissioned an independent study by testing laboratory EMC
Technologies to determine the actual levels of RF EMF exposures from smart meters, and make sure that the
meters complied with the exposure levels set by ARPANSA.
165 -6
The micron symbol, μ, is a prefix that represents 10 , or one-millionth. 1 μW = one-thousandth of one milliwatt (mW).
166
.
167
.
168
.
Health and RF EMF from Advanced Meters 45 Public Utility Commission of Texas
EMF measurement site surveys were conducted on a range of smart meters installed in various types of
houses. The EMF measurements were performed on AMI meters installed by the five major utilities in the
state of Victoria. The five utilities have joint programs in place to manage these installations, with the end
result being three combined deployments. Most measurements were conducted on single AMI installations
but also included a group meter installation (with 9 to 12 meters) from each of the three deployments. In
these group meter installations, up to six meters were interrogated simultaneously to measure the maximum
combined EMF from multiple transmissions.
EMC Technologies tested both types of electromagnetic exposures produced from smart meters - the EMF
generated by the operation of a smart meter and RF emissions related to the built-in two-way
communications. EMC Technologies found169 that the maximum RF EMF power density levels were well below
the ARPANSA General Public Limit specified by ARPANSA Radiation Protection Standards, even when the meter
was forced to transmit continuously (100% duty cycle). More specifically, exposure levels from smart meters
inside dwellings ranged from 0.000001% to 0.0113% of ARPANSA’s General Public Limit of 450 μW/cm2.
The test results also showed that in measurements made at sites with grouped meters, even with a number of
meters being requested for meter data upload, the EMF peak field measured did not increase above the level
of a single meter transmission. No two meters were transmitting simultaneously. The report concluded that
the maximum RF EMF power density from a group meter installation is expected to not be higher than that of
a single meter installation.
RF EMF tests were also conducted on various household appliances that emit RF fields – a wireless modem,
microwave oven, baby monitor, mobile phone and cordless phone. The RF EMF levels from the meters, even
when measured from a foot away, were lower than the levels from these other common household items.
The actual EMF levels from a meter, when measured inside the house, were very low compared to the levels
from the abovementioned items.
Smart Meters Have Lower ELF EMF Levels than Electromechanical Meters
Extremely Low Frequency electromagnetic fields (ELF EMF) occur at 50Hz in Australia and at 60Hz in the U.S.
and are predominantly found in electric energy generation, transmission, and distribution. Unlike the testing
performed by the other organizations in this report, the scope of work in the Australian investigation included
the measurement of ELF EMF. Tests were conducted on smart meters and on an electromechanical (i.e.,
rotating disc) electricity meter, as well as an electric blanket, vacuum cleaner, microwave oven, and CRT
(Cathode Ray Tube) television.
In the tests, the 50 Hz fields around the smart meter were lower than those from some other common
appliances such as vacuum cleaners and microwave ovens. The levels from other appliances such as
hairdryers, power tools, induction cookers, fans, and air conditioners would also be much higher.
Finally, the test results showed that the fields from the smart meter are slightly lower than the fields from the
analog (electromechanical) meter. The report concluded that the smart meters themselves do not cause any
increase in the power line-related EMF levels and that replacement of the older analog meters with AMI
meters would reduce ELF EMF exposure.
169
.
Health and RF EMF from Advanced Meters 46 Public Utility Commission of Texas
United Kingdom: Health Protection Agency
In April 2012, the Advisory Group on Non-ionising Radiation (AGNIR), an independent advisor to the Health
Protection Agency of the UK, produced a document entitled “Health Effects from Radiofrequency
Electromagnetic Fields.”170 The Health Protection Agency is an independent organization that was formed by
the UK government in 2003 to protect the public from threats to their health from infectious diseases and
environmental hazards. According to its website, it does this by providing advice and information to the
general public, to health professionals such as doctors and nurses, and to national and local government.171
The report starts out by saying that the quantity and quality of research published on the potential health
effects of RF field exposure has increased substantially since AGNIR had last reviewed the subject in 2003.
While the publication admitted that limitations to the published research still exist and therefore preclude a
definitive judgment, the evidence considered did not demonstrate any adverse health effects of RF EMF
exposure at levels below the internationally accepted guideline.
The paper stated that while there were possible effects on Electroencephalography (EEG) patterns, they were
not conclusively established and that it was unclear whether such effects would have any health
consequences.
The AGNIR document also stated that, in regard to RF EMF exposure that was below guideline levels:
The evidence indicated that it does not cause symptoms.
RF cannot be detected by people, even by those who considered themselves sensitive to RF fields.
The evidence pointed toward no material exposure to the risk of cancer although there is little data on
risks beyond 15 years from first exposure.
RF showed no effect on health not related to cancer.
There was a lack of convincing evidence that it caused health effects in adults or children.
Health Canada: Safety Code 6
Health Canada172 is the Canadian federal department responsible for helping its country’s people maintain and
improve their health, while respecting individual choices and circumstances. Health Canada’s document titled
“Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to
300 GHz”173,174 is a code that specifies Canada’s radiofrequency exposure guidelines, commonly known as
“Safety Code 6 (2009).” The guidelines provide recommended best practices for ensuring compliance with the
maximum exposure levels for controlled and uncontrolled environments. The Safety Code 6 (2009) standards
are similar to the U.S. FCC standards established in 1997.
Regarding MPE, Safety Code 6 states the following:
“For frequencies from 100 kHz to 300 GHz, tissue heating is the predominant health effect to be
avoided. Other proposed non-thermal effects have not been conclusively documented to occur at
levels below the threshold where thermal effects arise.”
170
.
171
.
172
.
173
.
174
.
Health and RF EMF from Advanced Meters 47 Public Utility Commission of Texas
British Columbia Provincial Health
On December 23, 2011 a statement175 was prepared at the request of the British Columbia (BC) Provincial
Health Officer by Mary McBride, a Distinguished Scientist at the Department of Cancer Control of the BC
Cancer Agency (BCCA) in Vancouver, BC. The letter had been approved by Dr. David McLean, Head of Cancer
Prevention at the BCCA.
The statement indicated that research evidence does not support a conclusion that RF EMF, whether from cell
phones or smart meters, can cause brain tumors in adults. With more than 20 years’ cell phone use and
limited information on a risk of other cancers, the information that BCCA officials possess generally does not
support the notion of cancer. The statement admits that while there is no direct information on children,
more studies are underway to address gaps in their understanding of RF EMF and cancer risk. The statement
concluded by saying that extensive laboratory research to date has not identified any mechanisms that could
function in either adults or children which would lead to an excess risk of tumors in general.
Ontario Province: Ontario Agency for Health Protection and Promotion
On September 16, 2010, the Ontario Province of Canada’s Agency for Health Protection and Promotion
(Ontario Health Agency) issued a brief paper that cautioned against relying on the results of individual research
studies regarding the potential health effects from exposure to RF EMF because inconsistencies or conflicts
may exist among the results of other individual studies.
The Ontario Health Agency stated that performing reviews of literature that followed an approach of weighing
evidence would be far more useful to inform debate and make sound policy than it would be to merely rely on
individual studies.
The Ontario Health Agency pointed to the Royal Society of Canada’s (RSC) highly credible review from 1999176
with updates to the review published as recently as 2009.177,178 The RSC review called for additional research
to follow up on new findings from an additional decade of research and noted that there was still no
conclusive evidence of adverse health effects at exposure levels that are below the current Canadian
guidelines.
The Ontario Health Agency stated that recently published research demonstrated that Wi-Fi exposure is well
within recommended limits and is also only a small fraction (less than 1%) of exposure during the typical use of
a cell phone. Because of this, much of the research on possible effects of RF EMF has been focused on
exposures from cell phones rather than the lower exposures associated with RF uses such as Wi-Fi, and the
focus will continue to be on cell phones. The Ontario Health Agency also stated that public exposure, including
school children, to Wi-Fi is far lower than what occurs with cell phone use, and that there is no plausible
evidence to date that would indicate that current public exposure to Wi-Fi is causing any adverse health
effects.
175
.
176
.
177
.
178
.
Health and RF EMF from Advanced Meters 48 Public Utility Commission of Texas
City of Richmond, British Columbia and Vancouver Coastal Health
The BC Hydro and Power Authority is an electric utility in British Columbia. The company serves 1.8 million
customers in most areas of the province and is deploying smart meters. On November 14, 2011, the City of
Richmond in British Columbia passed a resolution requesting its Medical Health Officer to “conduct an
investigation as to whether smart meters pose a health hazard.” The response,179 dated December 20, 2011
and signed by the BC Health Officer and two officers from Vancouver Coastal Health, concluded that the smart
meters installed and used by BC Hydro were not a health hazard. Furthermore, the letter stated that “the
transmitters in Smart Meters produce electromagnetic fields at levels significantly lower than the maximum
allowed for the Canadian public under Health Canada’s Safety Code 6.”
Other notable findings of the independent consultant, Planetworks Consulting Corporation include:180,181
1. Smart meters are active for only a very short duration at a time.
2. The average power density was 0.3795% of Safety Code 6 for a single smart meter.
3. For a bank of ten smart meters, the average power density was found to be 0.4507% of Safety Code 6
(a range from 0.0015% to 1.6835% of Safety Code 6.)
4. The highest power density value recorded from a bank of ten meters was less than 2% of Safety Code 6
limit, while the average power density for both single and a ten meter bank are less than 0.5% of
Safety Code 6.
Note that Safety Code 6 requires the power density at the frequency used by the smart meters to be less than
600 μW/cm2 for publicly accessible areas (compared to the FCC’s limit of 610 μW/cm2). One can see that the
power density recorded for a ten meter bank is not ten times that of a single meter, as some may suspect.
Instead, the average power density for the ten meter bank was found to be only about 1.2 times that of a
single meter, while the maximum value from a bank of ten meters was slightly less than twice the maximum
value recorded from a single meter.
Norwegian Institute of Public Health
In spring 2010, an Expert Committee was appointed by the Norwegian Institute of Health and commissioned
by the Ministry of Health and Care Services and the Ministry of Transport and Communications. The
committee was composed of individuals with expertise in environmental and occupational medicine, biology,
physics, metrology, biophysics, biochemistry, epidemiology, and philosophy as well as administration and risk
management. In 2012, the committee issued its report.
The committee assessed the health hazards from low-level electromagnetic fields generated by radio
transmitters. The Committee evaluated the power of the fields, whether they posed a health risk, the current
regulatory practice, and whether the threshold limit values for exposure were observed. A press release from
the institute described the report conclusions: 182
179
.
180
.
181
.
182
.
Health and RF EMF from Advanced Meters 49 Public Utility Commission of Texas
“There is no scientific evidence that low-level electromagnetic field exposure from mobile phones and
other transmitting devices causes adverse health effects, according to a report presented by a
Norwegian Expert Committee. In addition, the Committee provides advice to authorities about risk
management and regulatory practice.”
Swedish Council for Working Life and Social Research
The Swedish Council for Working Life and Social Research (FAS) was commissioned by the government of
Sweden to monitor issues relating to research into EHS and to document and report on the state of research at
regular intervals, starting in 2003. In the executive summary of its 2012 report, FAS stated:183
“Extensive research for more than a decade has not detected anything new regarding interaction
mechanisms between radiofrequency fields and the human body and has found no evidence for health
risks below current exposure guidelines. While absolute certainty can never be achieved, nothing has
appeared to suggest that the since long established interaction mechanism of heating would not
suffice as basis for health protection.”
Health Council of the Netherlands
The Health Council of the Netherlands is an independent scientific advisory body.184 Its task is to provide the
Netherlands government and parliament with advice in the field of public health and health/healthcare
research. The agency also addressed EHS in its report, Electromagnetic Fields: Annual Update 2008: 185
“From the good quality scientific data emerges the picture that there is no causal relationship between
exposure to radiofrequency electromagnetic fields and the occurrence of symptoms. However, there
is a relationship between symptoms and the assumption of being exposed and therefore most likely
with the risk perception.”
World Health Organization
The WHO website contains a wealth of information about EMF, including what it is, links to a database of
research citations, national standards, publications, information resources, and meetings. The site also has a
link to Germany’s EMF-Portal that provides access to research databases.
The organization also hosts the International EMF Project,186 which was established in 1996 and is open to any
WHO Member State government, such as department of health or representatives of other national
institutions concerned with radiation protection. The project was established to assess health and
environmental effects of exposure to static and time varying electric and magnetic fields in the frequency
range 0-300 GHz. The site provides access to 39 ongoing studies, 322 published studies, and 12 studies that
have been reported but not published.
There are 54 participating countries and eight international organizations involved in the project. It is fully
funded by participating countries and agencies. Its stated key objectives are to:
183
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184
.
185
186
.
Health and RF EMF from Advanced Meters 50 Public Utility Commission of Texas
Provide a coordinated international response to concerns about possible health effects of exposure to
EMF;
Assess the scientific literature and make a status report on health effects;
Identify gaps in knowledge needing further research to make better health risk assessments;
Encourage a focused research program in conjunction with funding agencies;
Incorporate the research results into WHO’s Environmental Health Criteria monographs where formal
health risk assessments will be made on exposure to EMF;
Facilitate the development of internationally acceptable standards for EMF exposure;
Provide information on the management of EMF protection programs for national and other
authorities, including monographs on EMF risk perception, communication and management; and
Provide advice to national authorities, other institutions, the general public and workers, about any
hazards resulting from EMF exposure and any needed mitigation measures.
The WHO recognized the following independent scientific institutions for their collaboration:
U.S. Air Force Research Laboratory, Human Effectiveness Directorate (Brooks Air Force Base, TX);
Australian Radiation and Nuclear Safety Agency (ARPANSA);
UK Health Protection Agency - Radiation Protection Division;
German Federal Office for Radiation Protection (BfS); and
Institute of Population Health, University of Ottawa, Ontario, Canada.
Some key points are made on the WHO website regarding EMF and health. Among them are the following:
A wide range of environmental influences causes biological effects. ‘Biological effect’ does not equal
‘health hazard’. Special research is needed to identify and measure health hazards;
There is no doubt that short-term exposure to very high levels of electromagnetic fields can be harmful
to health. Current public concern focuses on possible long-term health effects caused by exposure to
electromagnetic fields at levels below those required to trigger acute biological responses;
Despite extensive research, to date there is no evidence to conclude that exposure to low level
electromagnetic fields is harmful to human health;
The focus of international research is the investigation of possible links between cancer and
electromagnetic fields, at power line and radiofrequencies;
Finding a statistical association between some agent and a specific disease does not mean that the
agent caused the disease;
The absence of health effects could mean that there really are none. However, it could also signify
that an existing effect is undetectable with present methods;
Results of diverse studies (cellular, animal, and epidemiology) must be considered together before
drawing conclusions about possible health risks of a suspected environmental hazard. Consistent
evidence from these very different types of studies increases the degree of certainty about a true
effect; and
Due to a large safety factor, exposure above the guideline limits is not necessarily harmful to health.
Furthermore, time-averaging for high frequency fields and the assumption of maximum coupling for
low frequency fields introduce an additional safety margin.
Publications and other specific work outputs from efforts of the WHO, its divisions, and collaborating
organizations are noted throughout this report and will not be repeated here.
Health and RF EMF from Advanced Meters 51 Public Utility Commission of Texas
Comments by Academia on Public Concerns about Wireless Smart Meters
Montréal Polytechnic and McGill University Open Letter
On May 18, 2012, an open letter was issued in support of smart meter technology187 and signed by 61
scientists and engineers primarily affiliated with one of two universities located in Montréal, Québec, Canada:
École Polytechnique de Montréal (Montreal Polytechnic) and McGill University. The few signatories who could
be thought to have a conflict of interest through their affiliation with the telecommunications industry or
Hydro Québec, the utility in the province deploying more than 3 million smart meters, declared their conflict
alongside their names.
In the letter, the Québécois engineers and scientists commented:
“We believe that the fear of wireless technologies is based primarily on i) a misunderstanding of the
nature of radio waves and their interaction with the human body, ii) a misreading of the scientific
literature on this subject, and iii) a distrust of local, national and international public health
organizations.”
The Québec Energy Board, the provincial regulator, took the letter into consideration when rendering its
decision188 to allow Hydro Québec to proceed with its plan to install wireless smart meters in its service
territory. The agency stated in its summary189 (translated from French):
“The views presented by the public health authorities and the evidence heard by [the Board] on the
state of scientific research on the impacts of non-thermal RF on health demonstrate that the emissions
from the new generation of smart meters do not present a health risk.”
University of Ottawa: RFcom Review Panel Reports
The University of Ottawa’s McLaughlin Centre for Population Health Risk Assessment has a project called
RFcom190 that functions as an Internet-based information resource about health effects of wireless
technologies. RFcom is managed by a science panel that reviews and reports191 on the most recent research
studies about wireless technology and health from around the world. All studies referenced on its website
must meet the following criteria:
The source must be credible and accountable;
Material must be peer-reviewed research and data that has been accepted and validated in the
Canadian and international communities; and
All studies must have been carried out by an independent third-party person or organization.
The page contains conclusions and excerpts from reports issued by various organizations from within countries
and international bodies including Canada, Denmark, the EC, Finland, France, Germany, Iceland, Netherlands,
Norway, Spain, Sweden, the UK, and the U.S. These excerpts overwhelmingly indicate that there is no
187
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188
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189
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190
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191
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Health and RF EMF from Advanced Meters 52 Public Utility Commission of Texas
conclusive evidence to support many of the assertions smart meter opponents are making about the harms of
RF EMF exposure and negative health outcomes.
Health and RF EMF from Advanced Meters 53 Public Utility Commission of Texas
Other Issues
Potential for Interference with Medical Devices
Some people have expressed concern that signals from smart meters could interfere with the operation of
implanted electronic devices such as pacemakers or other medical equipment. According to the FCC, because
they are electronic devices, there is a potential for such devices to be susceptible to electromagnetic signals
that could cause them to malfunction. The FCC stated192 that there have been anecdotal claims of such effects
in the past which involved emissions from microwave ovens but that it has never been shown that the RF
energy from a properly operating microwave oven is strong enough to cause such interference. The FCC also
stated that the FDA requires pacemaker manufacturers to test their devices for susceptibility to
electromagnetic interference (EMI) over a wide range of frequencies and to submit the results as a
prerequisite for market approval. Electromagnetic shielding has been incorporated into the design of modern
pacemakers to prevent RF signals from interfering with the electronic circuitry in the pacemaker.193
Both the FCC and FDA194 refer to studies which have shown that mobile phones can interfere with implanted
cardiac pacemakers if a phone is used in close proximity (within about eight inches) of a pacemaker. Such
interference appears to be limited to older pacemakers which may no longer be in use. The agencies
recommend that those with pacemakers avoid placing a phone in a pocket close to the location of their
pacemaker or putting the phone near the pacemaker location when using the phone.
One of the studies to which the FCC and FDA refer was published in The New England Journal of Medicine195 in
which a total of 980 patients were tested. Seven hundred twenty-five patients were tested with six telephones
and 255 were tested with five telephones, providing a total of 5625 tests. Ninety-two tests were eliminated
because of incomplete data. Thus, statistical analyses were based on 5533 tests. The study concluded that no
interference was observed in any pacemaker at base line. The study stated that while abnormalities of pacing
were observed at base line in 23 of 976 patients (2.4%) during testing, evidence of these abnormalities was not
considered to be due to interference.
Further, ANSI and the Association for the Advancement of Medical Instrumentation (AAMI) have devised a
standard196 known as ANSI/AAMI PC69:2007 which establishes electromagnetic compatibility test protocols for
active implantable cardiovascular devices. The standard is intended for manufacturers of implantable medical
devices and consultants who test implantable devices. It specifies test methods related to interference
frequencies and their potential effects on implantable devices such as cardiac pacemakers and internal
defibrillators. It also requires disclosure of a device’s performance issues in the presence of EM emitters
where appropriate and provides manufacturers of EM emitters with information about the level of immunity
to be expected from active implantable cardiovascular devices.
192
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193
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194
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195
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196
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Health and RF EMF from Advanced Meters 54 Public Utility Commission of Texas
Claims of Electromagnetic Hypersensitivity
World Health Organization
The WHO is the directing and coordinating authority for health within the United Nations system. It is
responsible for providing leadership on global health matters, shaping the health research agenda, setting
norms and standards, articulating evidence-based policy options, providing technical support to countries, and
monitoring and assessing health trends.197
In December 2005, the WHO International EMF Project created a fact sheet on electromagnetic fields and
public health in order to address EHS.198 The fact sheet describes what was known about the condition, and it
provided information for helping people with such symptoms. The information was based on a WHO
Workshop on Electrical Hypersensitivity (Prague, Czech Republic, 2004),199,200 an international conference on
EMF and non-specific health symptoms (COST 244bis, 1998),201 a European Commission report (Bergqvist and
Vogel, 1997),202 and reviews of the literature.
The fact sheet stated that EHS is characterized by a range of non-specific symptoms that lack apparent
toxicological or physiological basis or independent verification and that it differs from individual to
individual.203 The sheet stated that the symptoms are certainly real and can vary widely in their severity, and
they can be a disabling problem for the affected individual.
The WHO document noted that a number of scientific studies had been conducted where EHS individuals were
exposed to EMF similar to what they had attributed to the cause of their symptoms. The aim of the studies
was to elicit symptoms under controlled laboratory conditions. The WHO fact sheet stated that the majority of
studies indicated that EHS individuals could not detect EMF exposure any more accurately than non-EHS
individuals. Double-blind studies which were well-controlled and well-conducted had shown that symptoms
were not correlated with EMF exposure. Therefore, it stated, EHS has no clear diagnostic criteria, and there is
no scientific basis to link EHS symptoms to EMF exposure.
It had been suggested that symptoms experienced by some EHS individuals might arise from environmental
factors unrelated to EMF including flicker from fluorescent lights, glare and other visual problems with video
displays, and poor ergonomic design of computer workstations. The fact sheet stated that other factors that
may play a role included poor indoor air quality or stress in the workplace or living environment.
Finally, there were some indications that the symptoms may be due to pre-existing psychiatric conditions as
well as stress reactions that were a result of worrying about EMF health effects, rather than EMF exposure
itself. It explained that EHS is not a medical diagnosis, nor is it clear that it represents a single medical
problem. Thus, some medical experts described EHS as an example of a psychogenic illness. A psychogenic
illness is a constellation of symptoms suggestive of organic illness, but without an identifiable cause, that
197
.
198
.
199
.
200
.
201
.
202
.
203
Idiopathic Environmental Intolerance attributed to Electromagnetic Fields (IEI-EMF) is a term that is being increasingly
used to describe this disorder.
Health and RF EMF from Advanced Meters 55 Public Utility Commission of Texas
occurs between two or more people who share beliefs about those symptoms (emphasis added). Psychogenic
illnesses have made headlines when they have become manifest as a widespread phenomenon.204
King’s College London: Systematic Review of Provocation Studies for EHS
King’s College London’s School of Medicine is one of the UK’s most renowned centers for medical research and
teaching. It has three central London hospital campuses, and its research portfolio is closely aligned to its
National Health Service partners. The school has ten research divisions and it hosts 12 externally awarded and
funded specialist centers.205
In 2005, school researchers performed meta-analyses206 to identify relevant blind or double-blind EMF
provocation studies.207 According to the researchers, thirty-one experiments testing 725 EHS participants were
identified.208 Out of the 31 studies, 24 found no evidence to support the existence of a biophysical
hypersensitivity, whereas seven reported some supporting evidence. For two of these seven studies, the same
research groups subsequently tried to replicate their findings but failed. In three of the seven studies, the
positive results appeared to be statistical artifacts. The remaining two studies produced mutually incompatible
results.
According to the King’s College researchers, the meta-analyses found no evidence of an improved ability to
detect EMF in EHS participants. They concluded that the symptoms described by EHS sufferers can be severe
and are sometimes disabling but that it had proven difficult to demonstrate under blind conditions that
exposure to EMF could trigger symptoms. The researchers stated that analyses suggested that EHS was
unrelated to the presence of EMF. The researchers stated that more research into this phenomenon was
required.
In 2009, a team of researchers from King’s College performed an updated systematic review of provocation
studies for EMF.209 The researchers performed an extensive literature search and identified 15 new
experiments. This time, 46 blind or double-blind provocation studies were analyzed in total, involving 1175
EHS volunteers to determine whether exposure to EMF is responsible for triggering symptoms in EHS
individuals. The researchers determined that no robust evidence could be found to support the theory.
However, the researchers stated, the studies included in the review did support the role of the nocebo effect
in triggering acute symptoms in EHS sufferers. A nocebo response is an unpleasant, harmful, or undesirable
effect(s) that a subject manifests, typically after receiving a placebo. The nocebo effect has drawn increased
interest from the medical community because studies show that patients are highly receptive to negative
suggestion.210
204
.
205
.
206
A meta-analysis is a systematic method of evaluating statistical data based on results of several independent studies of
the same problem.
207
A provocation study is a form of medical clinical trial whereby participants are exposed to a substance or situation that
is claimed to provoke a response or to a sham substance or device that should provoke no response.
208
.
209
.
210
.
Health and RF EMF from Advanced Meters 56 Public Utility Commission of Texas
Recent Court Decision Regarding Claim of EHS
In a recent court decision in New Mexico, the plaintiff claimed to have health problems triggered by exposure
to EMF generated by his neighbor’s electrical equipment (e.g. cordless telephones, computer equipment,
dimmer switches, and Wi-Fi routers and modems). The court concluded that EHS is not a scientifically
recognized disease, excluded the testimony of the plaintiff’s two experts, and dismissed the case.211,212
Use of EMF as a Weapon
Some opponents of smart meters have spoken of two kinds of weapons being developed by military
organizations such as the U.S. Department of Defense213 or by other countries. Because weapons are typically
associated with causing bodily harm or death, they are addressed in this paper.
Both kinds of weapons utilize electromagnetic radiation, but they use it differently and have different end
goals. The first kind of weapon to be discussed has been demonstrated to the public. The existence of the
second kind of weapon seems to be more speculative.
Directed Energy Weapons
The first type of weapon is known as a directed energy weapon which delivers energy to a target. The target
can be humans, electronic equipment, or other military targets, depending on the technology employed. It
can be used for purposes other than to destroy a target or kill soldiers. For example, the Active Denial System
(ADS) is a weapon under development that is intended for use against humans. It is non-lethal and designed
for area denial,214 perimeter security, and crowd control. The device is mountable on a small armored vehicle.
The ADS works by firing a narrow, high-powered beam of 95 GHz waves at a human target. The energy from
an ADS works on a similar principle as a microwave oven, exciting the water and fat molecules in the skin, and
instantly heating them (dielectric effect).
How deep a radio wave can penetrate an object depends upon the wave’s frequency. The high frequency
waves used in ADS penetrate 1/64th of an inch into the top layers of the subject’s skin. At that skin depth lie
“nociceptors” which are nerve endings sensitive to heat. Wired magazine indicated that documents it acquired
from the government stated that 83% of the energy impacting the target was instantly absorbed by the top
layer of the skin.215 Being hit by the energy from the ADS gives the victim a sensation of his entire body being
exposed to intense heat but without injury taking place. The pain reflex makes the targeted person
instinctively pull away in less than a second. To avoid potential trauma to the subject, the trigger on the device
only allows the weapon to be fired for three seconds.
The Wired article states that the energy delivered to a target is 12 joules per square centimeter.216 The ADS
delivers those 12 joules of energy over a three-second period, which is equivalent to delivering four watts
(4000 mW) of power each second per square centimeter.
211
Firstenberg v. Monribot and Leith, No. D-101-CV-2010-00029, New Mexico 1st Dist, Santa Fe County, Sept 18, 2012.
212
.
213
.
214
Area denial weapon is used to prevent an adversary from occupying or traversing an area of land. Land mines and
punji sticks are examples of denial weapons, albeit ones which are potentially lethal.
215
.
216
.
Health and RF EMF from Advanced Meters 57 Public Utility Commission of Texas
The Human Effects Advisory Panel of Penn State concluded that ADS is a non-lethal weapon that has a high
probability of effectiveness with a low probability of injury.217 The limit of damage was the occurrence of pea-
sized blisters in less than 0.1% of the exposures (6 of 10,000 exposures).
While this information may be interesting, the existence of such a weapon cannot be credibly used as an
argument against employing RF communication devices because:
The ADS is specifically designed as a weapon, not communications equipment;
The ADS is very dissimilar to a smart meter because it uses a frequency 100 times higher than the 902-
928 MHz band used by the meters’ communication module;
The ADS has an enormous power output. It delivers more than 3.5 million times the instantaneous
peak energy of a smart meter radio module; and218
Although the ADS is considered a weapon, it does not cause injury, only brief discomfort.
Cold War Studies on Behavior Modification and Human Vulnerability
The second type of weapon mentioned by opponents of wireless communications technology does not seem
to have been displayed or demonstrated as a functioning device. Instead, some people who have provided
material to the PUCT or appeared before it, the Texas Senate, or regulatory bodies in other jurisdictions have
referred to research that had been performed mostly by Soviet Bloc countries during the Cold War, especially
the Soviet Union.
Opponents of wireless technology have pointed to unclassified documents219,220 produced by the U.S. Defense
Intelligence Agency (DIA)221 during the early 1970s as evidence that the Soviet Union was doing research on
EMF along with exploring subject matter that was more unconventional. The stated purpose of the DIA
disseminating this information was for preparedness and to develop countermeasures. It may be speculative
to assume that more detailed information existed but was kept classified. We are limited to the available
documents.
The documents summarize the known research in which the Soviet Union was involved regarding human
vulnerabilities to various environmental conditions and behavior modification through the application of
certain stimuli. Of particular interest to opponents of wireless technology are the studies performed to
determine human vulnerability to EMF and how it could be used to alter a subject’s behavior. These weapons
were intended for use against an individual rather than a group.
One may be intrigued by the fact that in addition to the cited studies on the effects of EMF on living organisms,
the documents also discuss psychology and parapsychology research. For example, some experiments
involved telepathic communication, mind altering drugs, sensory deprivation, psychokinesis, and many other
217
.
218 2 2
ADS exposure: 12 joules/cm delivered over a three-second burst = 4,000 mW/cm . Smart meter exposure: 0.0011346
2
mW/cm instantaneous peak field exposure in front of meter, at a distance of three feet, assuming a 100% duty cycle.
Calculated from Table 9-5 of EPRI Report “An Investigation of Radiofrequency Fields Associated with the Itron Smart
Meter,” Page 9-15.
219
.
220
.
221
Although the specific focus of the DIA has changed over the years, its central function has been to provide military
intelligence to various facets of the U.S. military community.
Health and RF EMF from Advanced Meters 58 Public Utility Commission of Texas
seemingly strange topics. The fact that EMF research is mentioned in the same context as these arcane studies
may lead some readers to errantly conclude that EMF is equally mysterious.
While some may find the material offered in the documents regarding EMF experiments on animal subjects
interesting and germane to the topic of this report, several caveats are in order:
The material is unclassified (compared to declassified) and offers nothing new – it is a part of the
extensive body of knowledge on EMF. Despite the Cold War, scientific research was published and
shared between the two sides;
The material is old and may be out of date;
The descriptions of the research are only abstracts, providing very little detail;
The citations are of individual studies. Other studies may have conclusions that are incompatible; and
Some material sourced from Soviet Bloc nations may be of questionable value. The results could have
been subject to the political environment of the era.
The Soviet Bloc was not alone in conducting such research. The U.S. Central Intelligence Agency had also
conducted behavioral modification experiments from the 1950s until the early 1970s. These experiments,
collectively known as Project MKULTRA, relied on mind-altering drugs, hypnosis, sleep deprivation and other
forms of harassment.222
Claims have been made that the work done under Project MKULTRA may have been used in conjunction with
EMF to create “psychotronic weaponry”223 in the form of “Silent Sound” or “Voice to Skull” technology. Voice
to Skull technology is based on what is known as the microwave auditory effect or “microwave hearing.”
Microwave hearing is caused by using pulsed EMF in the microwave frequency band to induce audible clicks or
sounds described as buzzing, hissing, or knocking. The cause is thought to be thermoelastic expansion of
portions of the ear.224 The sounds are generated directly inside the human head without the need of any
receiving electronic device and are not audible to other people, even if they are nearby. If the signal is
modulated,225 whole words can be produced.
The idea behind this technology was that the spoken words of a hypnotist could be conveyed through
microwave hearing into an unknowing person’s head. This would allow the hypnotist to control the actions of
the targeted individual’s subconscious mind. Some have speculated about another possibility - that a targeted
individual who heard voices inside his head would be distressed over the notion of going insane or being
viewed as such.
The microwave auditory effect was first reported by persons working in the vicinity of radar transponders
during World War II. The effect was later discovered to be inducible by frequencies higher in the
electromagnetic spectrum. American neuroscientist Allan H. Frey studied this phenomenon and first published
information226 on the nature of the microwave auditory effect.227 At least one patent has been issued for
“Voice to Skull” technology based on the material in Frey’s studies - U.S. Patent 4,877,027.228 Note that several
222
.
223
A psychotronic weapon is an alleged type of mind control device.
224
.
225
In telecommunications, modulation is the process of varying one or more properties of a high-frequency periodic
waveform: amplitude, phase, or frequency. The effective result is piggybacking a signal on top of the RF EMF.
226
.
227
.
228
.
Health and RF EMF from Advanced Meters 59 Public Utility Commission of Texas
criteria must be met in order for a U.S. patent to be issued, but the existence of a functional device is not one
of those criteria. There is no credible evidence to suggest that such a device exists.
While this may be an interesting phenomenon, it is not applicable to smart meters because:
The energy intensity required to accomplish the microwave auditory effect would be greater than the
output capability of the radio module in a smart meter – perhaps even above MPE levels;
The frequencies involved (higher microwave bands) are outside the range emitted by smart meters;
EMF is directional in nature. A device intended to produce these sounds would require a transmitting
antenna that optimized this directionality, and the emitted energy would have to be aimed directly at
a person’s head. Studies performed by EPRI of emission patterns from smart meters show the
transmitting antenna in a smart meter directs most of its RF energy outward, away from the wall on
which it is mounted. The RF energy would be greatly attenuated inside the building. Also, meter
antennas are not aimed at people’s heads;
The existence of psychotronic weapons as described above is merely speculative; and
Smart meters are designed to measure a customer’s overall electricity usage and deliver that data to
the utility. They may also offer a limited set of information to an end user if he desires. Smart meters
are not intended for, are not designed to, and do not have the capability to harm an individual or
direct a person’s thoughts or actions.
Other Material
Critics of wireless technology have called attention to various materials in order to further claims about
adverse health effects of exposure to EMF, including non-thermal effects. Some people have made assertions
that this material has been forgotten, hidden, or suppressed. One example of a paper that opponents of
wireless technology characterize as neglected was originally written for the Naval Medical Research Institute
(NMRI) in 1971 and updated six months later. The document is “Bibliography of Reported Biological
Phenomena (‘Effects’) and Clinical Manifestations Attributed to Microwave and Radio-frequency Radiation,
MF12.524.015-0004B, Report No 2 Revised.”229
The first chapter of the document provides an outline of biological phenomena that had been reported in
individual studies of biological exposure to microwave or RF radiation. The more than 120 reported
phenomena are placed into 17 categories such as “changes in physiologic function,” “central nervous system
effects,” “psychological disorders,” and “endocrine gland changes.” The remainder of the document makes up
the bulk of its content and is a bibliography that identifies 2311 research papers, the oldest of which dates
from 1925 and the most recent from 1972. The author stated that the paper was created to provide a listing
of studies that may be “needed in the formulation and appraisal of criteria and limits of human exposure to
non-ionizing radiation, and in the planning and conduct of future research.”
The author noted that a few citations were of marginal and/or peripheral relationship but were nonetheless
included so a reader could judge the applicability to his individual research needs. The author draws no
conclusions and admits that the screening of the entries was limited to relevance of the topic, not the quality
of the studies or the validity of their results:
“Note: These effects are listed without comment or endorsement since the literature abounds with
conflicting reports. In some cases the basis for reporting an “effect” was a single or a non-statistical
observation, which may have been drawn from a poorly conceived (and poorly executed) experiment.”
229
.
Health and RF EMF from Advanced Meters 60 Public Utility Commission of Texas
While there may be people who believe that the listing in the NMRI paper of purported effects resulting from
exposure to EMF reveals damning evidence of harm, the document is limited in value for the following
reasons:
The paper merely compiles a list of reported effects without assessing their validity or prevalence;
The document is primarily intended as a bibliography, citing research performed;
The material does not offer abstracts for the cited studies (no findings are given);
The report does not provide conclusions or determine causality - no meta-analysis was performed;
The list is no longer comprehensive - it is over 40 years old (research dates from 1925 – 1972); and
The cited studies do not yield any new information - they have been a part of the extensive body of
knowledge on RF EMF for many years.
Further, the stated purpose of the NMRI paper was for planning and to conduct future research. When the
FCC established its exposure standards in 1996, the results of the studies listed in the bibliography of the paper
had been available for decades, and the standards took this research into consideration. Research on the
biological effects of EMF has continued and will continue for the foreseeable future.
Health and RF EMF from Advanced Meters 61 Public Utility Commission of Texas
Conclusion
RF EMF, a form of non-ionizing radiation, has been utilized for nearly a century to broadcast radio and
television programs and for many other types of telecommunication. Smart meters, an upgrade to our
electrical infrastructure, emit EMF at only low intensity and within a narrow part of the RF band, close to the
ranges where UHF TV, cordless phones, and cellular phones operate.
Decades of scientific research have not provided any proven or unambiguous biological effects from exposure
to low-level radio frequency signals. Further, after performing a review of all available material, Staff found no
credible evidence to suggest that smart meters emit harmful amounts of RF EMF.
At higher intensities, RF EMF can heat living tissue. As a result, the FCC established a more restrictive MPE for
the general population that is 2% of the level where thermal effects are known to occur. This lower limit was
established for the general population because exposure typically results from a situation that the recipient
cannot control and a maximum possible time of exposure (24 hours per day) was presumed.
For decades, much scientific research has been performed to investigate the potential health effects of
exposure to many kinds of EMF, including RF. Governmental health agencies from around the world, including
but not limited to the U.S., Canada, the UK, and Australia, as well as academic institutions and other
researchers, have stated that there are no known non-thermal effects from exposure to RF EMF. In other
words, tissue heating is the only known risk of exposure to RF EMF. Nonetheless, substantial medical research
on any potential non-thermal effects of non-ionizing radiation will continue in the future, and will include
studies on emissions that fall into the RF bands.
Those concerned about health will often refer to the results of an individual research study or sometimes
several studies to draw conclusions. It is important to use great caution when relying on the results of
individual research studies because other studies may have inconsistent or even conflicting results. One must
also consider that not all studies hold equal value in the scientific community; all research has some amount of
inherent bias, and some studies arguably have flaws or lack scientific rigor.
EPRI, Naperville, the Vermont Department of Health, the Victorian State Government of Australia, and the City
of Richmond in British Columbia, Canada have conducted investigations of smart meter RF EMF, and found
that smart meters complied with the governmental exposure limits in their respective jurisdictions.
When measurements were taken at relative close proximity to smart meters or groups of smart meters, the RF
EMF emissions were several orders of magnitude below the established exposure limits. It is important to
note that increasing distance will decrease the intensity of an EM field by the square of the distance (i.e.
decrease exponentially).
In addition to distance, in-residence exposure to emissions is further decreased by:
Shielding of the meter enclosure;
Building construction materials;
Antenna orientation of the meter; and
Meter duty cycle – data is transmitted only 1 - 5% of the time.
Some smart meter opponents have raised the concern that the meters may interfere with other electronic
devices including implantable medical devices. Smart meters communicate using unlicensed spectrum. The
FCC has mitigated the potential for interference among electronic devices operating in unlicensed spectrum by
Health and RF EMF from Advanced Meters 62 Public Utility Commission of Texas
requiring these devices to be tested and certified as compliant with its rules before they can be marketed.
Financial penalties can be assessed if one does not comply with the appropriate FCC equipment authorization
procedure. Medical devices must also comply with EMI standards.
Some opponents of smart meters have raised the idea of electromagnetic hypersensitivity and cite anecdotes
of having witnessed or experienced various afflictions. After reviewing a substantial body of evidence, the
WHO concluded that there was no scientific basis to link EHS symptoms to EMF exposure. It has suggested
that symptoms experienced by some individuals described as EHS might arise from environmental factors
unrelated to EMF or that the symptoms may be due to pre-existing psychiatric conditions or stress reactions
resulting from worrying about EMF health effects, rather than the EMF exposure itself. Further, scientific
studies show that people who are ill are highly receptive to negative suggestion and may demonstrate a
“nocebo response” as a result of these suggestions.
The notion that EMF can be used as a weapon to cause pain, disrupt thought, or alter or control human
behavior might be interesting to some people, but smart meters do not have the capabilities to do these
things. First, the output energy from a smart meter radio module is miniscule. Second, the module does not
transmit at frequencies near those used in directed energy weapons systems or which have been purportedly
used in physiological or psychological experiments. Further, smart meters are designed to measure a
customer’s overall electricity usage and deliver that data to the utility. A meter may also offer a limited set of
information to an end user if he desires. Smart meters are not intended for, are not designed to, and do not
have the capability to harm an individual or direct a person’s thoughts or actions.
A large number of scientific studies regarding the biological effects of EMF on living organisms have been
performed over a period of at least seven decades. These studies are part of an extensive body of human
knowledge on the subject, and safety standards have been devised based on the body of knowledge. One
must be cautious when individuals make claims about research being suppressed, and when individual studies
are cited as evidence that hazards or illnesses are being ignored. Other studies may produce conflicting
results. One must be cognizant of what adherence to scientific principles entails and how to decipher
research. Laymen often may not recognize poorly executed studies, or they can misinterpret the results of
properly conducted scientific research. Either of these circumstances may lead a casual observer to draw
errant conclusions.
Health and RF EMF from Advanced Meters 63 Public Utility Commission of Texas
Acronyms and Abbreviations
AAEM American Academy of Environmental Medicine
AAMI Association for the Advancement of Medical Instrumentation
ABEM American Board of Environmental Medicine
ACMA Australian Communications and Media Authority
AEIC Association of Edison Illuminating Companies
AGNIR Advisory Group on Non-ionising Radiation
AM Amplitude Modulated
ANSI American National Standards Institute
ARPANSA Australian Radiation Protection and Nuclear Safety Agency
BC British Columbia
BCCA BC Cancer Agency
BfS German Federal Office for Radiation Protection
CCST California Council on Science and Technology
CDC Center for Disease Control and Prevention
cm centimeter (0.01 meter)
CPUC California Public Utilities Commission
CRT Cathode Ray Tube
DDT dichlorodiphenyltrichloroethane
EA Equipment Authorizations
EC European Commission
EEG Electroencephalography
EEI Edison Electric Institute
EHS Electromagnetic Hypersensitivity
EIRP Effective Isotropic Radiated Power
ELF EMF Extremely Low Frequency electromagnetic fields
EM Electromagnetic
EMF Electromagnetic Field
EMI Electromagnetic Interference
EMR Electromagnetic Radiation
EPA U.S. Environmental Protection Agency
EPRI Electric Power Research Institute
ERP Effective Radiated Power
EU European Union
eV Electron Volt
FAQ Frequently Asked Questions
FAS Swedish Council for Working Life and Social Research
FCC Federal Communications Commission
FDA U.S. Food and Drug Administration
FM Frequency Modulated
GAO U.S. Government Accountability Office
GHz Gigahertz (1 billion hertz)
Health and RF EMF from Advanced Meters 64 Public Utility Commission of Texas
GPS Global Positioning System
HAN Home Area Network
HHS U.S. Department of Health and Human Services
Hz Hertz (cycles per second)
IARC International Agency for Research on Cancer
ICNIRP International Commission on Non-Ionizing Radiation Protection
IEEE Institute of Electrical and Electronics Engineers
kg kilogram (1000 grams)
kHz kilohertz (1000 hertz)
LBNL Lawrence Berkeley National Laboratory
Maine CDC Maine Center for Disease Control & Prevention
MHz megahertz (1 million hertz)
MPE Maximum Permissible Exposure
MPSC Michigan Public Service Commission
MPUC Maine Public Utilities Commission
mW milliwatt (0.001 watts)
NCI National Cancer Institute
NCRP National Council on Radiation Protection and Measurements
NEMA National Electrical Manufacturers Association
NIEHS National Institute of Environmental Health Sciences
NIH National Institutes of Health
NMRI Naval Medical Research Institute
NSGI Naperville Smart Grid Initiative
OET FCC Office of Engineering and Technologies
OPA Maine Office of the Public Advocate
OSHA U.S. Occupational Safety and Health Administration
PG&E Pacific Gas & Electric
PUCT Public Utility Commission of Texas
RF Radio Frequency
RF EMF Radio Frequency Electromagnetic Field
RSC Royal Society of Canada
SAR Specific Absorption Rate
SGTAP Smart Grid Technical Advisory Project
TV Television
UHF Ultra-high Frequency
UK United Kingdom
U.S. United States of America
UTC Utilities Telecom Council
VHF Very High Frequency
W Watt
WHO World Health Organization
μW microwatt (1 millionth of a watt)
μW/cm2 microwatts per square centimeter
Health and RF EMF from Advanced Meters 65 Public Utility Commission of Texas
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.
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