Kauai utility sued to halt smart-meter plan

Kauai Island Utility Cooperative will "indefinitely defer" the installation of smart meters for any ratepayers who object to the devices, company officials announced after a federal lawsuit was filed by a KIUC member attempting to block the project.

KIUC member Adam Asquith filed the suit in U.S. District Court on Friday, saying KIUC’s plan to install smart meters in 33,000 homes and businesses on the island violated constitutional protections against abuse of government authority, and unreasonable searches and seizures.

Asquith asked the court for an injunction to suspend the installation of the smart meters, which would wirelessly transmit information about members’ energy usage to the utility in real time. The court did not rule on his request.

KIUC issued a news release Monday, saying customers could opt not to install smart meters.

Smart meters allow utilities to conduct remote meter readings, detect power outages at the household level, and better manage the balance between electricity supply and demand on a grid.

By monitoring a member’s energy use on an instantaneous basis, KIUC would also be able to "obtain a highly detailed picture of activities within a home," Asquith said in his lawsuit. Smart meters can report a customer’s electricity usage minute by minute. The old meters could only report usage when they were checked in person by meter readers, typically once a month.

"Smart meters provide rich knowledge about intimate details of a member’s life and serious concerns exist regarding access to personal data gleaned from the devices. Access may also be obtained by accidential breach or cyber attack," according to Asquith, who is representing himself in the suit.

The suit requested that the injunction remain in place until KIUC adopts a policy under which smart meters would only be installed on an "opt-in" basis.

David Bissell, chief executive officer of KIUC, said the utility was disappointed that a KIUC member felt the need to file a complaint to prevent the utility from moving forward with its rollout of smart meters.

"While KIUC is committed to the smart meter technology, the cooperative has said it will indefinitely defer installation of smart meters for the small number of members who are opposed to the technology and submit a formal request," Bissell said.

"We hoped this deferral program and our many conversations with the community about smart meters would relieve the concerns raised by the plaintiff and prevent this issue from ending up in the courts."

Under the deferred-installation plan, members will receive two weeks’ notice prior to installation, and will be given clear instructions for notifying KIUC if they would like to defer, according to the utility. Members will not be charged a fee if they choose not to have a smart meter installed, a KIUC spokes­man said.

"KIUC understands the importance of protecting our members’ privacy and security," Bissell said. "It is important for our members to remember that KIUC has been responsible for protecting critical information and systems for years. Smart meters are new, but the duty to protect member privacy and ensure the integrity of our electrical grid is not. The storage, protection and sharing of members’ private information is strictly governed by co-op bylaws and policies."