FACT! Plaimiff contracted with Defendant City Public Service Energy to sell excess power generated from solar photovoltaic at his residence located at 9123 Easy Street in Comal County Texas. A written contract stating the terms of the agreement was agreed to and signed by both parties, Prior to the purchase and installation of equipment plaintif had to. submit electrical drawings showing all praposed equipment and protective devices, their expected locations and fina! completed elevation diagrams of solar array. utility building, layout showing expected locations of the Inverter, Charge Controllers, Sub Panel, building lighting, cooling fan and the specific drawing for the Master Panel with 22Samp quick disconneét, Service Meter loop, Production Meter Loop, Solar disconnect and the battery bank. Also submitted were the calculations of the artay's electrical specifications for total watts power per string of 12 solar panels and expected total production minus ineffectencies for voltage drop and inverter ineffecency, The total power of the array is 9630 watts and the inverter is a 8000 watt inverter with an estimated 1140-1280 KWh production for this area of Texas on average. Upon denial of the first submission to CPS Energy Plaintiff'scheduled a face to facew meeting with the chief engineer and manager of the Renewables department. Tt was determined atthe meeting that CPS required a transfer switch that would switch over to the sub pane! when the power from the grid is lost. Plaintyif? was installing an OUTBACK Radian GSR048A with 3 charge controllers and battery bank so they would still have spowewr should the grig ever fail as it had been known tov-in the past, The installation of the wasnsfer switeh would allow for the entire amount of energy produced by the system to be metered before any was used for plaintiffs residence giving a true accounting of PRODUCTION which CPS Energy required since they were purchasing the solar credits in exchange for the rebate that was offered for the installation af solar-renew able, Al the end of that meeting Plaintiff made a spacefic enquire of the Chief Engineed Ted Diebel if they were going to install one of the knew SMART METERS that allowed for the reprogramining of devices and complete control from outside sources, The answer was a definate “NO” and Tod went on to state that the government didn’t allow for them because they were suceptible to hacking and weren't secure enough and sincethe devices would not be transmitting anything we required a meter reader to physically come te our home to tike monthly meter readings and we would be charged a monthly fee of $8.00 to caver those expenses, The plaintiff'and his brothe Scott Paul were both in atendenee at that meeting along with a representative from the installation firm Green Star Solutions named Michae! Higgins, Plaintiff revised his electrical diagrams to now include the transfer meter as requested and then was asked to-do an electrical drawing with elevation diagrams ofthe new elecrtical equipment that had already been installed by the plaintiff prior to the PV instalation commencing. The Defendant approved plaintiff's revised drawings and sent a letter stating that the construction had been aproved and the installation had 12010 be completed. Plaintiff paid the first installment to the installation subcontractor and began the procurement of all construction materials necessary for the completion of the approved energy system, The main solar generation equipment was purchased direct fram Solar City out of California as were the 36 SolarWorld 280watt photovoltaic panels with anfron Ridge ground mount racking, system The Witing was purchased from Wiredirect com and the 16- 6volt AGM batteries were purchased direct from Amazon.com, The balance of system hadware was purchased localy from Lowes and Home Depot. ‘The system was completed before the expiration of the 120 days and was tested and inspected by CPS Energy to make sure it passed all the requirements necessary for the protection of the grid and to ensure it performed Within their interconnection guidelines, When the approvsal was gi n the utility company inistalled two brand new digital electrical meters. A General Electric Mie was installed as the billing meter and an Iron watt hour. Plaintiff saw his fist two mouths in overproduced power in April and May effectivly having a ZERO bill for those momths, Then at the end of May aCPS employee showed up one morning around 8:30am stoped min the street behind a grove of trees then drove slowley past plaintif¥s driveway and disappeared down the hill ow Lazy Fox street. About 4-5 niinuets later the same truck comes back up the hill since Lazy Fox is adead end street andl pulls into: plaintifi’s driveway, Upon exiting the vehicle he walks up-to the billing meter and proceded to plug a laptop computer into the interface claimg to be downloading the meter readings, Only upon it taking more than $ minuets to download a log which should have only taken 2-3 max Plaintiff found it extreamly unseteling South Central Texas but meter readings were newer as they were before that day in May. The following bills would now show that the plaimif? was using way more in power than ever before, Fealing as if something was amiss Plaintiff installed meters on his side of the meter and began measuring total energy on each circuit of his property including the circuit of the Energy resource, Installing meters inside the master pane] had no bearing on the Energy systent sinee the devices were after the point of delivery but before the point of interconnection thus not part of the D.E.R, and not requiring approval for their use of installation as Which is required for equipment added to the specific D.E.R. system. Performing the required installation during the early morning hours of 4am 10 6:30am did not require the disruption of the D.E.R.. from the performance of its contracted function ef supplying excess energy produced io the grid, ‘Then one morning. in July Plaintiff happened to be arriving home real late and walked by the wutity building which housed the PY equipment and heard a veery loaud schreeching noise from inside. Inspecting for a problem Plaintiff witnessed the system active showing 100+ volts DC to each of the three charge controllers and being above the sell 2voliage which was set to. 54.2 volts as to activate the inverter to start selling to the grid but there showed @ amps out and the readings showed that the system was in BUYING moide purchasing power from the grid to charge the batteries. Plaintiff'could not believe what he was seeing, Plaintiff worked as. residential, Commercial and industrial electrician in and around the city of San Antonio and was even liscensed through the city when he worked for SPECIA Electric. Having worked on numerous Commercial jobsites including CODY Elemeniery School, Bell. Serve of 1604 and 281, Comet Neon Signs Fwy 37, The Spectrum Bldg. on San Pedro and numerous residential projects was given his own service truck and scheduled independently on service calls both commercial and residential contracts, With the amount of experience and professional knowledge of the Electrical trades was very upset to see what he was witnessing, The complete control and domination of his private equipment being used to buy power fiom someone he just sold it to through a command and control feature put in place originaly for emergency use only. After plaintiff’ contacted the manufacturer and explained the issue and even sent them’ a video showing the problem, plaintiff got no response to-his enquiry, So after plaintiff's first stumbling across the remote activatiomof his D,E.R, and subsiquent purchasing of power offsetting his actual production and muking it appear that plaintif? as using more power than generating. Iwas little wonder that he finaly decided to see just what was happening and who was doing it, It \was around this same time that the Water filtration system desipned and produced by TERMINOX had it sialic memory wiped clean and reset itself to factory default, The plaintiff was unaware of the issue untill he started to have # strange gel like substance appear around the airconditioning vents in the front bathroom and began to notice a foul problem with his toilet water when he put a 2000 flushes tablet in the tank and within 2-3 sninuets the water would turn from blue to brownish red, Upon openening the tank top noticed numerous white attachments to the tabletand when the wtewr was flushed the tablet would blossom like it was an actual living organism, ‘The video is remarkable to see, At this point the plaintiff contacted the manufacturer of the water system and inquired as to what could be the issue, Since the Plaintiff installed the system himself in 2010 he had never had a problem with the system which came with a lifetime guaramee, Upon returning to the contol unit on top of ther tank and having the technician on the phone began to troubleshoot the problem, Ttwas at this point that the manufacturer stated that the programming had been switched to factory setting which should not happen for this specific reason, Water contamination is a heath hazard and being exposed to bacteria and ‘other living ofganisims can be very bad for your health, Upon inquiry as to how the device could become reprogrammed the engineer stated only by entry an the faceplate af a specific set of keypad entries and in a ‘contain order could the deviee become reprogrammed, Plaintiff had to download the procedure from the manufacturer again since he had not used it singe the time of installation and even then manufacturer had to verify he was a customer before they would give access to the programming daw software procedures, Plaintiff asked if it was possible that. high energy magnetic pulsed signal sem down the circuit would effectivly wipe the | memory tlius making the chip think it was just installed from the factory and ready to be programmed. the engineer stated firmly that is the only way it could happen because even with just the power going off and staying off for an extended time of days and weeks it would still retain it's programmed 3state, Plaintiff had to décontaminate the entire water system on ther property using. industrial streny injected through a chemical feeder installed on top of the well head, The re: nse osmosis water system located under the kitchen sink had been damaged beyond repair as had the Whirlpool water softener system, The manufacturer of the TERMINOX récommended atwo hour flush of the tank media and even then could not zuarauniee that the media had not become iron bound due to the high amountsof iron born bacteria that had been passed through it, There was no exact way to determine how long or how manly days that the filter was not operating since it is to backflush every night to clear the contaminants from itself, Plaintiff being on Social Security Disability and only receiving $795.00 per month to live on was forced into debt to nécessatate repairs and replacement of damaged equipment, Then in August the meter Plaintiff had installed in the master panel to record enery from the PV to the pane! through a circuit meter had began to melt from excessive heat and was on the verge of starting a fire within the master panel had! it not been found and removed. This particular unit measured energy flow in one direction only which is whast was the designed electrical drawing submitted for the interconnection design and approved, Only after the melting of this particular device did plaintiff start to realize that power was being back feed through that circuit in the form of dirty power which is ac converted to de. It'saconceptual thing where a diteet curtent is produced from an alternating current butdue to the inherrant nature of oscillating eneray you never get a true direct current that’s why the circuit built up so much heat causing the meter to melt where the wire connected. Plaintiff contacted the utility and stated there had been an event at the DER, facility and that he was off Line untill repairs could be made. Within | hours the system had been returned to active status and the meter had been replaced.on that circuit with a different meter which allawwed for the passing of energy bidirectionaly, Plaintiff vestigated the developments of Sandi Laboratory in New Mexico a U.S, Department of Energy study and de velopment facility and also found research én the NIST,GOV website claiming to have debeveloped a language called easyspeak which would allow for the command and contol of devices connected to the new SMART grid. They envision one day being able to use the smart grid from turning off the power within someones home when they are not there, to even being able to locate « possible fugitve that's being, sought and holed up inside someone elses home when they are away, Tt is within this same time that the plaintiff is beginning to have sever pain in both knee joints and hasto start wearing hinged knee braces throughout the day and compression knee braces at night, Then Plaintiff has a cardiac episode durring a meeting with social security and the perainedics strongly suggest with the heart ruthems being displayed on the EEG that plaintiff need to be taken to the E.R. and see a doctor because something is not right with the readings. Upon being seen at the Methodist Hospital the Plaintiff was admitied for cardia issues and was tested the next day with a stress test, After the stress test and the results, being negative the hospital staff were at a toss as 10 the eause of the heart rythem irregularities, The Hospital bill was $43,000.00 plus anather $1081.00 city of San. Antonio Ambulance bill. Now PlaimitT really begins investigating the GE 12104e meter by accessing the manufacturers database a was surprised to learn that nat only did he have a SMART meter installed but he had the SMARTEST SMART meter ever made costing over $1,000.00 each for the technology and capability that was manufactured into-each one. The ability to 4commiunicate on all known bandwiths-as well as transmission of radio signals along the elecrtric lines themsel ‘sada to that the burst microwave signals generated causing the diepole antenna to act as a magnetic bubble sheiding itself from other radiation just like in the movie Star Treck when they create a warp bubble to travel faster than light protected inside the magneticly created bubble, The only problem is any circuits connected to it will cary the same magnetic signature all throughout the home, As longas you don’t spend. more than ¥4 hour infront of your tv, which is connected to a cable box inverter and have a surround sound audio system along with a desktop p.c. and scanneriprinter connected with the wireless router all being connected within > igel wiih ali that radiating inagnebe energy at hts teeLand dran’L know tt It has caused him severe mental anguish and real pain and suffering. So Plaintiff requested far more than 60 days for someone to tedress his concerns and comme toa mutal agreement, But no ‘one within CPS Energy would talk with hir regarding the magnetic fields and their damage on him and his property and coupled with the knowledge and proof of the accessing of the D.E.R. forcing purchasing of power when i was not requited through outside remote manipulation of the Inverter and charge controllers even after Plaintiff reprogrammed system with nmanufacturer rep over the telephone and then disconnected the router from the system still was having system remotley used beyond the D,E.R. interoonnect agreement by someone through the CPS Energy Point of Delivery connection, Plaintiff filed a NOTICE with the district clerk of Bexar ‘County and had the sheriff effect service officialy notifying CPS Energy to cease the use of the DBJER. for anything except the original contracting of purchasing excess energy produced and since Plaintiff had filed out the OPT QUT request which was provided for CPS Energy custoiners to retnove the SMART METERS within a designated time of 72 hours from service of notice and lass of easment due to criminal misconduct, Plaintiff received no-telehone calls and only one tetterr froma Mrs, Martinez which stated tShat plaintiff Had qualified for the opt out and that he is not supposed to have a smart meter athis residence. There was a phonecall requesting if we were going tio pay the $120.00 payment we had to play every month because CPS determined that based on the year before that was the required amount to be paid for their Prorated Billing Budget program and that when the next annual billing assignment was calculated it would take into account the total billing for the energy purchased over the past yeay and recalculatev the PBB monthly payment would be considerably lower, 1 informed the person that no one has bothered to contact me regarding. the numerous letters and telephone calls regarding the overbilling, melted equipment and theftof my utility, The rep stated that she was only inquiring of the $120.00 payment and if we were going to send it in, Plaintiff would state that at this point in Lime they had over $260.00 ereditn to their account even after the overbilling since June of 2014. Plainitt gota bill showing $48 KWh for peak raytes meaning that for the 29 days at peak being fom 5:30pm till 7pm, Since solar produces power front 7:45 am tll 5:30-5:45pm creating 43.5 total hours using 848KWH which equals 19 KWh of energy being bought every day for that 1.3 hours to accumulate $48 for the month, Well that ist a.clear fabrication and CPS Energy failed 10 investigate as per their awn mules and operational procedures, Plaintiff waited an additional 8 days past the service of notice to CPS Energy"s CEO beforetnoving to remedy the issues of thefi and deception by the providor CPS Energy. Upun teceiptof teconled elecuonicly video showing the fhal meter readings an both the digital SMART meters and subsaquint abeactivation of the main disconnect on the plaintits side of the Point of Delivery the video n s continuous! tll tboth are replaced with brand new GE 170 elecromechanical meters trom the GE factory showing noo possible or expected loss of theft of sewice before reeneipizing main panel with both meters reading OOODO, The fiest ‘contac! was from a person stating to be lawyer who isan employee of CPS enerzy stating [ must allow them to return and reinstall their wo SMART meters of face being diseonnected. | said theyb are more thasn free 10 meter ener y/ Juseanel meter energy | deliver but the command and contol and transmitting af any device on mny propery is notand never had been authorized. On November 06, 2014 while f was in town, the ovo mew GE tmeters] purchesed were removed and both meter boxes wete lockedout effeetivly disconnecting the D-E.R. from the grid, again another violation of their own centract which clearly ststes that there is a45 day eure period where writien notive must be on and a 45 day period to comply befor any action would be taken to remave LER, fiom the grid. The City Public Service Board (CPS Energy) or (CPS). is not regulated by the Texas Public Utility Commission. In Fact the only oversight of this entity is themselves. CPS's residential customers would be provided an opt-out altemative to keep their original electro-mechanical meter (existing meter option). Customers electing the opt-out option would be assessed both an jnitial charge and a monthly charge intended to cover the incremental system costs CPS would incur to prowide and maintain the opt-out options. However should you have a solar producing system and wish to sell excess power to CPS the voluntary becomes mandatory with NO option as plaintiff found out after injury. Plaintiff is stating the following as violations of U.S. Codes as reason to bring this suit and having filed prior documents in lower state: courts that were not answered by limitations has grounds for summary judzment for all damages including the intentional suspension of power to a known Disabled occupant for no reason other than retaliation.