LIHU‘E — Kaua‘i Island Utility Cooperative and taro farmer Adam Asquith reached a court settlement earlier this month, in which the co-op agreed to not install a smart meter on Asquith’s property and will not seek permission from the state
LIHU‘E — Kaua‘i Island Utility Cooperative and taro farmer Adam Asquith reached a court settlement earlier this month, in which the co-op agreed to not install a smart meter on Asquith’s property and will not seek permission from the state Public Utilities Commission to install one there.
Asquith had filed a complaint against the co-op on March 16, asking for an injunction to prevent KIUC from installing smart meters on his premises.
“KIUC agrees that it will not seek to install … and will not voluntarily install without court order or an order or determination of the PUC, any smart meters on premises where the electricity accounts are in Plaintiff’s name without Plaintiff’s permission,” states the settlement.
The settlement was reached June 4. On the same day, KIUC sent a press release stating the terms of the settlement apply only to Asquith, and that a decision to defer can only be made by the “customer” whose name is on the KIUC account.
“The settlement provides to Mr. Asquith the same assurance KIUC gives to those who fill out a deferral form: You don’t have to have an advanced meter if you don’t want one,” KIUC stated in the press release.
KIUC currently offers a deferral for co-op members who do not wish to have a smart meter installed.
On Tuesday, KIUC spokesperson Jim Kelly confirmed that KIUC is not offering an opt-out to its members, but rather a deferral.
“As we’ve said, the deferral ensures that someone who doesn’t want a meter now doesn’t have to have one installed,” Kelly said. “Any decision on a permanent opt-out policy, and whether there would be a cost attached to that, is something KIUC will look at once we see how many people defer, and any policy would have to be approved by the Public Utilities Commission.”
Asquith said the agreement reached with KIUC is not a deferral.
“I have opted out,” said Asquith, adding that he could still be subject to paying a fee for not having a smart meter should PUC approve it.
KIUC has stated on at least one more occasion that those asking for a deferral may have to dish out extra money.
“This deferral program does not reflect a final determination by KIUC regarding advanced meter installations and KIUC may decide to obtain cost recovery for the costs and impacts caused from those members who decide not to receive an advanced meter,” KIUC stated in an April 12 press release.
Asquith said he spent hundreds of dollars on the complaint, which could have been costlier had he hired an attorney. KIUC was represented by attorney David Proudfoot, while Asquith represented himself.
But Asquith had to book a flight to O‘ahu twice; once to file the complaint, and then another trip for the hearing. In addition, the complaint itself cost $300, he said.
Asquith said the deferral offered by KIUC to its members only means a postponed action; the intended action is still there.
“What I’m suggesting is that people ask KIUC to give them the same stipulations they have with me,” said Asquith, as advice to those who may also seek an opt-out rather than a deferral but would like to avoid filing a federal complaint on O‘ahu.
