Medical, Disabilities And Discrimination Claims Can Be Filed Against States PUCs And Utilities

By Catherine J. Frompovich

According to Electrosmog Prevention, “Accommodations may be requested of the PUC or utility for qualifying disabilities or medical conditions [regarding EMFs/RFs radiation from AMI Smart Meters]. A discrimination complaint may be filed if accommodations aren’t met.” [1]


Each state and local gov’t, including a municipal utility (run by local gov’t) is required to follow the Americans with Disabilities Act under Title II . Privately-owned utilities may be covered under Title III (see below). The ADA (more at is enforced by the US Dept. of Justice (US DOJ). Privately-owned utilities that accepted federal funding for smart meter and smart grid projects also must follow certain additional federal discrimination laws, such as Section 504 of the Rehabilitation Act of 1973 (as amended), as it applies to equal access to program benefits and services (equal access to essential utilities such as electricity and gas or water)**, with enforcement by the US Dept. of Energy. [1]

Note that much of the above information, Catherine J. Frompovich presented in her two Briefs with the Pennsylvania PUC’s Administrative Law court as a result of her November 2-3, 2016 pro se case hearing for refusing a PECO AMI Smart Meter based upon medical reasons, i.e., Catherine’s being a breast cancer survivor. It seems her pertinent and legal information may have been disregarded by everyone involved in her pro se case. How interesting, when Electrosmog Prevention cites “chapter and verse” of the laws that apply!

Additionally, Electrosmog Prevention reminds

People with qualifying disabilities**** under the ADA*** may wish to file a complaint against the state Public Utility Commission and the utility company involved, if they feel their rights have been violated through denial of accommodations for their disability or medical condition. The complaint(s) would be filed with the US Dept. of Justice (US DOJ) and/or the US Dept. of Energy for Section 504 complaints (see below). Please note that there may be a time limit from the date the discrimination occurred (may be 180 days or less).

There are several steps that need to be taken as stipulated on EP’s website under First Step and Second Step, which should be followed exactly as stated. There are many links within that article to follow for additional input.

Further down the EP website, more valuable information appears. However, EP suggests claimants may want to check in with an attorney for best results in your respective state:

  • For Your Healthcare Providers
  • A Guide to Disability Rights Laws
  • US Dept. of Energy Compliance Complaint information
  • 1040.89-9 Compliance procedure
  • Section 504 of the Rehabilitation Act of 1973, as amended
  • 12102. Definition of disability
  • 14 Resources at the end to check out

Pennsylvania Smart Meter Awareness (PASMA) coincidentally had a Press Release prepared for July 20, 2017 addressing medical opt-outs, which is here:


Phone call after phone call, recently, from various Pennsylvania electric company customers tell PASMA that there’s a “medical opt-out” available within a special division of each electric company, which processes paperwork to preclude an AMI Smart Meter being attached to a customer’s home provided the customer took/takes the following actions:

  1. Has a medical condition, which their medical doctor would validate by sending a written statement on the MD’s professional letterhead stating the patient’s particular reason and/or need not to have an AMI Smart Meter on their home.
  2. The customer’s doctor would have to FAX that letter directly to the proper person who handles medical opt-outs within each customer’s respective utility company. PASMA does not have those contact names and numbers yet, but suggests customers contact their utility company, or the PA PUC, to get the proper contact person and fax number handling medical opt-outs within each respective utility company.
  3. Follow-up with the utility company person to make certain he/she received your doctor’s faxed letter. Also, remember to get confirmation of his/her receiving the fax for your records.

Incidentally, PASMA has heard that one utility company had said something to the effect that if a customer has a medical condition that utility didn’t want to do anything that would make it worse. That sounds just about right, and what customers should expect to hear from the PA PUC!

To elaborate further about a medical opt-out, PASMA has heard from several people, who were given that type of opt-out. It seems customers’ complaints made to the Pennsylvania Office Of Consumer Advocate, 55 Walnut St., 5th Floor Forum Place, Harrisburg, PA 17101-1923, Phone 800-684-6560; FAX 717-783-7152; email [email protected] gets attention and action. Utility names heard mentioned were Penelec, First Energy and Met Ed.

PASMA received further indication the folks at the Consumer Protection Attorney General Office in Harrisburg were helpful, and also confirmed “very many people” have filed complaints about the utility companies and AMI Smart Meters.

The only way Pennsylvanians will get the relief we need regarding AMI Smart Meters is to be the squeaky wheels demanding the rightful oil we need to quiet us down. We no longer can suffer the outrageousness of bureaucratic oppression.

It seems that Pennsylvania just may become the bellwether state regarding AMI Smart Meter problems.


Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies. Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting.

Catherine’s latest book, published October 4, 2013, is Vaccination Voodoo, What YOU Don’t Know About Vaccines, available on

Her 2012 book A Cancer Answer, Holistic BREAST Cancer Management, A Guide to Effective & Non-Toxic Treatments, is available on and as a Kindle eBook.

Two of Catherine’s more recent books on are Our Chemical Lives And The Hijacking Of Our DNA, A Probe Into What’s Probably Making Us Sick (2009) and Lord, How Can I Make It Through Grieving My Loss, An Inspirational Guide Through the Grieving Process (2008)

Catherine’s NEW book: Eat To Beat Disease, Foods Medicinal Qualities ©2016 Catherine J Frompovich is now available

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