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BC HYDRO CLASS ACTION / BCUC


Contained here are submissions, responses, files and letters regarding the CSTS Class Action against BC Hydro.  The BCUC deliberations re Smart Meter Opt-Out Fees have been ongoing since October 2013 and still have not reached their end.  To review the proceedings to date, follow them chronologically in the records that follow.

Mailing address for the Smart Meter Class Action against BC Hydro: 

Coalition to Stop Smart Meters
PO Box  52061
Beacon Ave. RPO
Sidney, BC V8L 5V9


To streamline your search, anywhere on the website, for a specific topic, word or phrase, please use the white search bar located under the Action Kits below. 



Nov 12
2014

Class Action Lawsuit Update
Human Rights Tribunal Decision Update
What Happens Next?




Nov 7
2014

Notice of Application to BC Hydro, November 2014

Certified Class Proceedings - Applicants: Nomi Davis (Residential) and Jessica Klein (Commercial)

Part 1: ORDERS SOUGHT
Part 2: FACTUAL BASIS
Part 3: LEGAL BASIS
Part 4: MATERIAL TO BE RELIED ON

SCHEDULE "A"
RESIDENTIAL CLASS DESCRIPTION

SCHEDULE "B"
COMMERCIAL CLASS DESCRIPTION

SCHEDULE "C"
COMMON ISSUES
Emissions
Rights claimed
Rights violated
Government authorization
Contract
Commercial Premises
Remedy

SCHEDULE "D"
PLAINTIFFS' PROPOSED LITIGATION PLAN
Introduction
Notice and op-out / opt-in
Litigation relating to the common issues
Case Management and Interlocutory Applications
Judgment
Individual Issues Determination

SCHEDULE "A" to PLAINTIFFS' PROPOSED LITIGATION PLAN  

NOTICE TO BC HYDRO RESIDENTIAL CUSTOMERS  
CERTIFICATION OF BRITISH COLUMBIA CLASS ACTION

REGARDING "SMART METERS"  


THE CLASS ACTION
THE CERTIFICATION ORDER
YOU MAY STILL OBJECT
WHAT TO DO IF YOU MEET THE CLASS DEFINITION
FEES
ADDITIONAL INFORMATION
INTERPRETATION

NOTICE TO BC HYDRO COMMERCIAL CUSTOMERS  
CERTIFICATION OF BRITISH COLUMBIA CLASS ACTION

REGARDING "SMART METERS"


THE CLASS ACTION
THE CERTIFICATION ORDER
YOU MAY STILL OBJECT
WHAT TO DO IF YOU MEET THE CLASS DEFINITION
FEES
ADDITIONAL INFORMATION
INTERPRETATION

Appendix




Nov 4
2014

Timeline for the Certification Application (CSTS Class Action against BC Hydro)

Procedural Steps and Dates: September 19, 2014 to April 27, 2015

VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA


BETWEEN:
    NOMI DAVIS, AS REPRESENTATIVE PLAINTIFF
PLAINTIFF

AND:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY
DEFENDANT

ORDER MADE AFTER APPLICATION

BEFORE THE HONOURABLE MADAM JUSTICE ADAIR,
WEDNESDAY, THE 16th DAY OF JULY, 2014

ON THE APPLICATION of the plaintiff, coming on for hearing at Vancouver, on the 16th day of July, 2014, and on hearing David Aaron, counsel for the plaintiff, and Marko Vesely and Toby Kruger, counsel for the defendant;

THIS COURT ORDERS that:

1. The schedule for the procedural steps leading to the certification hearing shall be revised as set out in Appendix "A" to this order.

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

APPENDIX "A"

TIMELINE FOR THE CERTIFICATION APPLICATION




Oct 16
2014

CLASS ACTION (Lawsuit) PACKAGE (updated November 7, 2014)

Links to Participation Forms, Q and A and other information for anyone opposed to BC Hydro's Smart Meter Program

CLASS ACTION

COMPLETE THIS FORM TO PARTICIPATE:

Residential PARTICIPATION FORM 

Commercial PARTICIPATION FORM


Questions and Answers relating to Participation Forms


Opt-Out Sign for Analog (Option 1)

Opt-Out Sign for Analog (Option 2) (Class Action Version)


WHAT IS HAPPENING NOW?

Notice of Application November 7, 2014

* Check out the postings under BCUC/BC Hydro Class Action on this website for ongoing news and updates.  

TAKE ACTION IN YOUR COMMUNITY:

FLYER

Mini Class Action Participation Form

Mini Q&A






Sep 23
2014

COMMERCIAL Class Action Participation Form

B.C. Hydro Commercial Customers are now included in the CSTS class Action against BC Hydro

Until December 2013, BC Hydro has excluded business and commercial customers from their "Choices" program.  

So, as of December 2, 2013, BC Hydro Commercial accountholders have been incorporated into the Civil Class Action against BC Hydro.

The following form is to be completed by those who fit the Class membership criteria listed on the form:




Aug 12
2014

Amended Notice of Civil Claim - August 12, 2014

Between Nomi Davis and BC Hydro

IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN: NOMI DAVIS, AS REPRESENTATIVE PLAINTIFF - PLAINTIFF
AND:
BRITISH COLUMBIA HYDRO AND POWER AUTHORITY - DEFENDANT

AMENDED NOTICE OF CIVIL CLAIM . . .


Part 1: Statement of Facts

A. Parties

B.The impugned conduct

C. Contract

    i. Residential Contract
    ii. Commercial Contract
    ii. Microwave Device isnot necessary


D. The refusal (Residential)

D.2 The refusal (Commercial)

D.3 The Direct Communication

    i. BC Hydro Communication
    ii. Overlapping Issues
    iii. Information withheld
    iv. No notice to the plaintiff


E. The Residential Class

E.1 The Commercial Class

Part 2: RELIEF SOUGHT

Part 3: LEGAL BASIS

A. Rights and Freedoms

    i. Residential
    ii. Commercial


B. Causes of Action

C. Contract

D. Legislation

Appendix

    Part 1: CONCISE SUMMARY OF NATURE OF CLAIM

    PART 2: THIS CLAIM ARISES FROM TE FOLLOWING:

    PART 3: THIS CLAIM INVOLVES

    PART 4: 
    Hydro and Power Authority Act
    Canadian Charter of Rights and Freedoms
    Clean Energy Act

PARTICIPATION FORM to JOIN CLASS ACTION









Jun 28
2014

NOTICE OF REGULATORY FILING - BCH Meter Choice Program

Includes Applications for Approval of Charges Related to Meter Choices Program Compliance with BCUC Order . . . Decision Section - Failure to Read a Meter

Application for Approval of Charges Related to Meter Choices Program

BC Hydro writes in accordance with BCUC Order No. G-59-14, and in particular the following BCUC directive regarding circumstances where BC Hydro reads a meter for a Meter Choices Program customer less frequently than bi-monthly:

The Panel has considered circumstances where BC Hydro reads a meter less frequently than bimonthly but bills the customer a monthly charge to recover the costs of bi-monthly meter reading and determines that making such a charge is unjust and unreasonable. Accordingly, in the event that a Program customer's meter is read less frequently than bi-monthly the portion of the Monthly Charge attributable to bi-monthly meter reading costs, as approved elsewhere in this decision, must not be charged. The Panel directs BC Hydro to develop a solution to ensure these charges are just and reasonable, and only reflect meter reading costs for the frequency of actual meter readings. In developing its solution BC Hydro should also consider how, if subsequent to the date that the interim rates came into effect, a meter has been read less frequently than bi-monthly, it will apply the retroactive adjustment in a just and reasonable manner. This proposed solution must be filed for review with the Commission on or before June 30, 2014. . . .

  • Missed Read Credit Adjustment . . . 
  • Adjustment Processing . . . 
  • Communications . . .




May 1
2014

BCUC DECISION April 25, 2014

IN THE MATTER OF BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

BCUC has announced its decision and, sadly, appears to have sided with the government and BC Hydro nearly 100%. The monthly fees will be an outrageous $32.40 for a "legacy" meter and $20 for a smart meter with the transmitter turned off. 

This decision is frustrating to say the least. We had believed that BCUC would do its job and consider what is best for customers. It is hard to understand the inconsistencies between the fees Fortis is allowed to charge, and those Hydro was granted. The only explanation is that the instructions that Minister Bill Bennett gave them last summer were heard loud and clear: the opt out fees will be high enough to make many take the smart meter. 

This is the new British Columbia where we are told to pay the highest opt out fees in North America for the most expensive 'smart' meter program in North America, for meters that are dangerous, invasive, potential fire hazards, and rated as 2B, possibly carcinogenic to humans, by the World Health Organization. Regulations or laws? Who needs them when a directive can overrule them all; contracts can be based on fraud and lies; civil rights can be ignored; people can be intimidated, bullied and extorted. All achieved without democratic oversight.


Minister Bill Bennett, Premier Christy Clark and BC Hydro want us to give up and go away, but we are not finished fighting. Our civil rights and the safety/security of our homes are too important.

"Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress." Frederick Douglass.


VANCOUVER SUN 

As stated within the BCUC Decision attached (page 77):

"NOW THEREFORE
the Commission, for the reasons stated in the Decision issued concurrently with this Order, orders that:

1. The proposed Initial Charges for radio-off customers and proposed Monthly Charges for radio-off and legacy meter customers are denied.

2. The following charges for radio-off and legacy meter customers are considered just and reasonable and are approved on a permanent basis as follows: 
    a. Radio-off Meter Installation Charge (from existing legacy meter) - $22.60, effective April 1, 2014
    b. Radio-off Meter Installation Charge (applicable eligible customers who move to a premises that has a smart meter installed and elect to have that smart meter replaced with a radio-off meter) - $77.60, effective April 1, 2014
    c. Radio-off Meter Removal Charge (when replaced with a smart meter or to activate the radio in a radio-off meter) - $55.00, effective April 1, 2014
    d. Monthly Charge for radio-off meter customers - $20.00, effective April 1, 2014
    e. Monthly Charge for legacy meter customers - $32.40, effective December 2, 2013

3. The proposed Failed Installation Charge of $65.00 is approved on a permanent basis effective October 25, 2013.

4. The British Columbia Hydro and Power Authority (BC Hydro) is to provide notice to all Meter Choices Program customers of the approved charges for the Meter Choices Program as soon as practicable.

5. BC Hydro is to refund, as soon as practicable, to Meter Choices Program customers any difference in interim charges approved in Order G-167-13 and the final charges as approved in this Order, including interest at BC Hydro's most recent annual weighted average cost of debt for its most recent fiscal year.

6. BC Hydro is to file, within 30 days of this Order, the relevant Electric Tariff pages to show that the Tariff conforms to this Order and to the Decision that is issued concurrently.

7. BC Hydro is directed to comply with all other directives in the Decision issued concurrently with this Order.

DATED at the City of Vancouver, in the Province of British Columbia, this 25th day of April 2014.
BY ORDER
Original signed by: L.F. Kelsey
Commissioner/Panel Chair




Mar 27
2014

FURTHER AMENDED NOTICE OF CLAIM - LAWSUIT against BC HYDRO

Between Nomi Davis (CSTS) and BC Hydro

Claim of the Plaintiff

Part 1: STATEMENT OF FACTS

A. Parties
B. The impugned conduct
C. Contract
    i Residential Contract 
    ii. Commercial Contract 
    iii. Microwave Device is not necessary 

D. The refusal (Residential)
D.2 The refusal (Commercial)
D.3 The Direct Communication
    i. BC Hydro Communication
    ii. Overlapping Issues
    iii. Information withheld
    iv. No notice to the plaintiff

E. The Residential Class
E.1 The Commercial Class

Part 2: RELIEF SOUGHT

Part 3: LEGAL BASIS

A. Rights and Freedoms
    i. Residential
    ii. Commercial
B. Causes of Action
C. Contract
D. Legislation




Mar 14
2014

BC Hydro Supplemental Reply Submissions to BCUC

Regarding Commission Panel Information Requests - March 14, 2014

BC Hydro Application for Approval of Charges Related to Meter Choices Program




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Una St. Clair

fax:
1-866-824-8865

e-mail: una@citizensforsafetechnology.org