smart meter opt out – second sample leter

Mr. Tom Przytulski
Commonwealth Edison
3 Lincoln Center
Oak Brook Terrace, Illinois  [60181]

Re: your address [your zip code] – SMART METER refusal

Dear Mr. Przytulski,
Per our telephone conversation, we are confirming with you that we will be keeping our analog electric meter.  We do not consent to having a Smart Meter from ComEd placed on our home for numerous reasons, which include:

1. Privacy issues (violates the 4th amendment to the US constitution)
2. Security issues
3. Safety issues
4. Potential health issues
5. Escalating utility costs
6. It is NOT required by Illinois law.

According to the Illinois Public utility act forcing your customers to take a Smart meter and charging a “Refusal fee” for those opting out is illegal.  This section took effect in 1997 and has not been changed.

Section 16-124 states “…An electric utility shall not require a residential or small commercial retail customer to take additional metering or metering capability as a condition of taking delivery services unless the Commission finds, after notice and hearing, that additional metering or metering capability is required to meet reliability requirements.”    (Source: P.A. 90-561, eff. 12-16-97.) 

We have not found any such ICC finding, meeting or notice.

According to the ICC Docket No. 13-0552, meeting minutes for the February 5th, 2014 ICC meeting in Chicago,  the ICC sets a surcharge for the purpose of incentivizing Smart meter acceptance.

My proposed edit would be added to the Commission and Analysis and Conclusion section on page 13 of the proposed Order. It reads as follows: Purpose of this charge is primarily to motivate customers to switch while also avoiding the socialization of costs incurred by customers’ refusals. In the interest of transparency and to insure that this tariff has the desired effect, the Commission directs ComEd to make this charge a separate line item in each customer’s bill and use language for that line item that makes it absolutely clear that the charge is a penalty assessed as a consequence of the customer’s refusal.  The Commission recommends smart meter refusal charge as the language.

When this was sold to the General Assembly, it was sold on the basis that having all these meters in place means a lot for the system. That was part of the reason behind the hundred percent language in the statute are all customers’ language in the statute.  I also think we need to revisit the cost issue itself. We’ve got tariffs for similar kinds of operations that are a lot more expensive than this. I understand not wanting to have rate shock on particular customers; but the reality is whatever we don’t charge these customers, other customers are paying for. So it’s just as true that the well-to-do customer may be getting subsidized by the person of moderate or low means as well if they choose — if the person of means chooses to refuse in this case. And I don’t think that’s what anybody wants either. So I agree with you that the purpose here is to try to make sure we don’t have as many refusals. I think a cost does that, but I really think we need to continue to revisit to make sure that the cost is a correct one for a lot of different reasons.

This ICC rate setting for Smart Meter refusal charge is illegal as it conflicts with the Illinois Public Utilities Act (P.A. 90-561) section 16-124.

For the record, due to the legitimate reasons we have stated above, we do not consent to having the analog meter replaced by a Smart Meter at the above mentioned address (our residence).

We thank you for your time and consideration in this matter, and trust that ComEd will abide by our wishes and the Illinois state law as documented in this letter.


______________________                 ___________________________

your name                   and                         spouses name


Please sign and date one copy of this letter and return it to your name and address as written confirmation that we are on the DO-NOT-INSTALL-A-SMART-METER list.

Tom Przytulski, employed by ComEd in the _____________________ position  do confirm that your address is on the list to keep the analog meter.

Signed: __________________________________ date: _____________


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Copies of this letter will be sent to:
The city of Wheaton –  Mayor GreskL
John Prendiville, John K. Rutledge, W. Thoreson Saline, Evelyn Pacino Sanguinetti, Todd Scalzo and Phil Suess:
Don Rose, City Manager:

Congressman Peter Roskam
2700 International Drive, Suite 304, West Chicago, IL [60185]

State Senator Michael Connely

State Rep Jeanne Ives

Illinois Commerce Commission
Doug Scott, chairman
527 East Capitol Avenue, Springfield, Illinois [62701]

Illinois, Citizens Utility Board
David Kolata, Executive Director
309 West Washington Street, Suite 800, Chicago, Illinois [60606]
And emailed to

Illinois Attorney General: Lisa Madigan
500 South Second Street , Springfield, IL [62706]


Call ComEd’s deployment department at 866-368-8326 and tell them you do not consent to having your analog meter replaced by a Smart Meter, nor will you pay the refusal fee ($21.53/month). Follow up with a certified letter  (or ask for written confirmation)  Check with a lawyer for technical questions.  I am not one and am not giving legal advice.

3 thoughts on “smart meter opt out – second sample leter

      1. Has anyone flat out refused to pay the $21.53 monthly fee? Will ComEd actually disconnect service if you don’t pay the $21.53 refusal fee? ‘ve read that people in California with similar smart meter refusals are doing this.

        I find it very frustrating that I have to pay to keep a radiation emitting device off of my home! Thanks for your time.


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