According to the following Arizona Revised Statutes, we should NOT have to have a smart meter and should NOT pay an opt-out fee. Actually, if the Arizona Public Service Company (APS) would actually abide by these statutes as they are written,
No one in Arizona would have a smart meter.
(That would be a good thing; a very good thing.)
• A.R.S. 40-361.B – Every public service corporation shall furnish and maintain such service, equipment and facilities as will promote the safety, health, comfort and convenience of its patrons, employees and the public, and as will be in all respects adequate, efficient and reasonable.
• A.R.S. 40-321.A – When the commission finds that the equipment, appliances, facilities or service of any public service corporation, or the methods of manufacture, distribution, transmission, storage or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the commission shall determine what is just, reasonable, safe, proper, adequate or sufficient, and shall enforce its determination by order or regulation.
• A.R.S. 40-202.C.1 – Protect the public against deceptive, unfair and abusive business practices, practices related to deposit requirements and reconnection fees, intrusive and abusive marketing, deceptive or untrue advertising practices and practices prohibited under subsection H of this section.
ATTENTION, APS: PLEASE REREAD THESE STATUTES. Remember that the words safety, health, comfort, and convenience are not relative terms but quite SPECIFIC in their meanings.