title: water protectors face off with police nodapl
text: by catherine j frompovich 
  part  of  
  the following is the testimony i will present pro se without a lawyer representing me to the pennsylvania public utility commissions administrative law court november  and   as a result of my not permitting an ami smart meter to be retrofitted on to my electric service by peco an exelon company that provides electricity and service to the suburban philadelphia where i live 
  this testimony addresses most of the health legal and constitutional issues plus the politics involved regarding the unsafe and rfemf cancercausing technology forced on consumers along with threats of no electric service if utility customers refuse an ami smart meter 
  there are four parts to the entire testimony that was  pages long plus  pages of exhibits a thru w and other documentation i had in my brief case not presented but as backup if needed that totaled in excess of three to four hundred pages of scientific documentation published research etc 
  personally i think after reading the entire testimony which will appear in four parts readers can understand whats involved with unsafe fireprone and rfemfdirty electricityproducing ami smart meters when for decades utilities provided safe nonplastic parts analog meters before the administrative law court at the pa public utility commission philadelphia pa  november     
  your honor judge heep and judge pell members of the pa puc peco energy company the exelon legal team and all interested parties 
  since today is the rescheduled postponed june   hearing and for which i catherine j frompovich submitted written testimony five days in advance of that previous hearing as per court rules i have decided to revise and include additional testimony interspersed into the previous  pages  pages of testimony and  pages of exhibits a thru q that i submitted via the us postal service and which all parties received i presume 
  however in view of the paramount importance plus dire consequences of emfsrfs being forced onto pennsylvania consumers with no optout for personal safety and protection from  nonionizing radiation emitted by ami smart meters microwave technology and my being a fiveyear breast cancer survivor i submit into testimony and evidence that the pa puc and all participating pennsylvania utilities not just peco as in my case must factor in the american with disabilities act amendments which redefine cancer as a disability especially since there are cancercausing effects from emfsrfs about which i submit into the record hundreds of documented scientific evidence as dozens of exhibits per the schedule of exhibits i now introduce plus printed documents i have with me in support of the fourpage bibliography of pertinent published literature regarding electromagnetic radiation cancer  ami smart meters that i also submit into the record as exhibit s  
  since the ada amendments act provides for three prongs of what constitutes a disability i am submitting into evidence a printout titled americans with disability act amendments act adaaa pointing out appropriate and applicable sections exhibit a  a twopage printout titled ada amendments redefine cancer as a disability exhibit a  along with a page dossier containing about  published studies regarding breast and other cancers and emfelfrf cancer studies exhibit a  and topping off those documents with a twopage letter dated  august  from the foremost emfrf researchers physicians and academics in the world written to the north carolina utilities commission exhibit a wherein in the third paragraph they state 
  smart meters and cell phones occupy similar frequency bands of the electromagnetic spectrum meaning that cell phone research can apply to smart meter rfr smart meter rfr consists of frequent very intense but very brief pulses throughout the day because smart meter exposure over a  hour period can be very prolonged  pulses can average  times a day  and because there is building evidence that the sharp high intensity pulses are particularly harmful  the cell phone study findings are applicable when discussing adverse health impacts from smart meters 
  those five researchers david carpenter md director institute for health and the environment university of albany dr lennart hardell md phd professor department of oncology university hospital orebro sweden dr magda havas bsc phd environmental  resources studies trent university canada dr martha herbert md phd assistant professor of neurology harvard medical school pediatric neurologist and neuroscientist at the massachusetts general hospital boston dr sam milham md mph former chief epidemiologist washington state department of health 
  point out in the last sentence of the first paragraph  it is imperative that the north carolina utilities commission be fully aware of the harm that rfr can cause and allow utility customers to opt out of smart meter installation with no penalty 
  frompovich respectfully points out and also cautions the pa puc that in not permitting opt outs from ami smart meters in pennsylvania during formulating its ami sm regulations since hb stated ami sms were not to be mandated  it has breached ethical and legal standards regarding unsafe ami sms regarding the rfrs they emit various states have permitted safe electric power usage by granting and implementing ami sms opt outs which the pa puc deliberately refused in formulating its utility regulations regarding ami sms thereby subjecting consumers to unknown adverse health effects which in essence violate the nuremberg code since consumers consent was not required nor asked and their use apparently amounts to an experiment on pecos customers 
  again frompovich points to the letter addressed to the ncuc exhibit a at the end of the second paragraph wherein those researchers cite the us ntp june  study conclusion in part stating adds proof to the conclusions from the human health studies that radiofrequency radiation increases risk of cancer  
  frompovich further elaborates that cell phone rfr exposure is elective  ie depending upon personal choice use and an individuals ability to turn off cell phones thereby reducing andor avoiding similar frequency microwave bands and rfrs exposures both cell phones and ami sms produce 
  however harmful personal bodily rfr exposure has been mandated by pa puc regulationsnot hbact   and therefore is absolutely illegal since act  does not defy nor negate the pennsylvania state constitutions inherent rights of mankind section  but its the commonwealths regulatory agencythe pa pucthat is guilty of nonfulfillment i allege 
  all men and women are born equally free and independent and have certain inherent and indefeasible rights among which are those of enjoying and defending life and liberty of acquiring possessing and protecting property and reputation  and of pursuing their own happiness  pennsylvania constitution section  
  however contrary to that pennsylvania constitutional right is the fact that mandated ami smart meter rfr exposure because of no opt outs in pennsylvania specifically via pa puc regulations not act  literally provides no way to escape andor avoid ami sms microwave rfrs that is illegal and should be prosecuted criminally frompovich contends furthermore the pa puc overstepped its agency powers and frompovich contends is guilty of committing ultra vires during its rulemaking process 
  the above five researchers exhibit a delineate cell phone and smart meters as basically the same animal because both occupy similar frequency bands on the electromagnetic spectrum see paragraph  of their letter to the ncuc for more detail including that smart meters over a hour period can average  pulses a day causing high intensity pulses known as dirty electricity  
  i submit into the record exhibit a dirty electricity or dirty power and the page report why are electromagnetic fields dangerous  is dirty electricity making you sick including  charts  table  ranking electric meters and table  ranking electric meters for risk of privacy and cyber security from the page report ranking electricity meters for risk to health privacy and cyber security available online at httpswwwscribdcomdocrankingelectricitymetersforrisktohealthprivacyandcybersecurity  
  the key dispute and multifaceted issue of concern in frompovichs case  being a breast cancer survivor in excess of five years  is her free and legal exercise of legal and constitutional rights to be free of the fear exposure to cancercausing emfs andor actuality of contracting cancer due to ami sm rfr exposures  in her homesomething that the ada amendments act indisputably encompass since once a cancer patient that makes frompovich covered within one of the adaaa prongs for all time and also includes frompovichs indefeasible right to protect property both her home and her personal body and its life processes including her reputation 
  that federal adaaa must be factored into frompovichs case since peco has obtained federal grant monies to implement its ami smart meters rollout and the law states that any business that accepts federal grant money is mandated to abide by the adaaa including state regulatory agencies like the pa puc 
  frompovichs refusal of an ami sm plus her human and innate right to protect her health body and property are more than confirmed when those five researchers point out  the strongest evidence for hazards coming from rfr is cancer  there is a growing body of evidence that some people develop a condition called electrohypersensitivity ehs see paragraph  of the letter to ncuc exhibit a  
  on page  paragraph  of that same letter the researchers further point out a dichotomy in science which is the very fact that independent research versus industry research studies are at coincidental if not predictable  variances as per the chart i raise up and submit into the record  a doublesided poster radiofrequency research does funding matter which shows two pie charts depicting those conflicting statistics 
  nonindustry studies indicate  harmful effects with  no effects while industry studies indicate   harmful effects with  no effects statistically thats almost a wash as each just about cancels the other however theres a slight edge of  from nonindustry studies indicating harmful effects more interestingly though is that industry studies did find  harmful effects studiesalmost onethird of the studies and yet the industry concludes differently stating there are none that alone should be a red flag for them or anyone of scientific mind to investigate further and they did not which indicates some sort of collusion of not wanting to know or find out is that a crime of omission or collusion 
  paragraph  on page  of that letter exhibit a cites the obvious crux of scientific and ethical issues regarding ami smart meters in pennsylvania in particular stating with a leading nc dhhs staff member admitting that he is not qualified to review the literature and the fact that he relied on industry representatives for assistance the dhhs conclusion is not surprising 
  frompovich feels compelled to question how much of that microwave technology industry representative assistance occurred and still occurs with and from peco and the pa puc thereby illegally depriving frompovich and all pennsylvanians of their rights to protect their health and property along with the exercise of redress against what amounts to experimental ami smart meter science whose proponents wantonly do not recognize nonthermal adverse health effects from rfrs which have been known since  i introduce exhibit t electrosensitivity es and electromagnetic hypersensitivity ehs into the record to document that in    and  various health issues have been identified with emf nonthermal exposures 
  your honors i respectfully ask the court to instruct peco to produce the experimental studies rather than epidemiological studies indicating no nonthermal effects from emfsrfs wheres the science 
  arent pecos customers entitled to have that evidence 
  frompovich also feels compelled to ask this court the following how much influence did the microwave industry contribute to pa state representative robert godshalls campaign coffers andor his preferred charities that apparently has enabled godshall as chair of the pa house consumer affairs committee to sit on opt out bills in the pa legislature for several legislative sessions including godshalls verbal proclamations to others that he will never bring opt out bills to the floor for a vote which obviously is an impeachable offence for depriving pennsylvanians of their right to redress government and government agency oppressions that enable utility companies to harass and bully customers about cutting off electric service if they refuse fireprone ami sms in pennsylvania 
  heres what other us states have done regarding ami smart meters 
  analog meters are definitively offered as the optout meter in four states arizona california maine and texas the nevada public service commission urges the utilities to provide the meter that will have the greatest customer acceptance which clearly is the analog 
  three states offer the existing meter as the optout meter an existing meter might or might not be analog georgia hawaii and consumers energy in michigan 
  three states let the utility decide florida maryland and nevada the nevada public service commission urges the utilities to provide the meter that will have the greatest customer acceptance which clearly is the analog 
  four states or utilities definitively forbid analog optouts fountain in colorado dte in michigan central hudson valley in new york amr and port angeles in washington touted as the first place to ban smart metersnot much help you are required to have a digital meter on your home 
  two statesdistricts require smart meters pennsylvania and washington dc 
  source httpwwwsmartmetereducationnetworkcomoptoutstatusotherstatesphp 
  continued in part  
  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 s catherine authored numerous books on health issues along with coauthoring papers and monographs with physicians nurses and holistic healthcare professionals she has been a consumer healthcare researcher  years and counting