In a win for consumer privacy, Maine regulators have recently rejected a controversial proposal by Versant Power that would have allowed utilities to report suspected illegal cannabis grow operations directly to law enforcement.
Versant proposed allowing utilities to disclose customer information—such as name, address, email, telephone number, electricity or gas usage, payment and credit history, and financial or medical conditions—to third parties, including law enforcement agencies, “pursuant to lawful process,” without the customer’s consent. This proposal raised significant concerns regarding privacy invasion and the potential misuse of customer data.
Maine Commission Shuts Down Proposal To Report Suspected Illegal Cannabis Grow Operations
Last week, we reported on a move by Versant Power, a utility company in Maine. They proposed changes to allow utilities to disclose customer information such as high electricity usage to law enforcement, suspecting illegal marijuana cultivation.
The Maine Public Utilities Commission (PUC) unanimously rejected Versant Power’s proposal Tuesday, according to the Portland Press Herald, citing severe privacy concerns. The PUC emphasized that it is not the role of utility companies to act as law enforcement surrogates, and such actions could unjustly target customers with legitimate high electricity usage.
Philip L. Bartlett II, PUC Chairman, stated, “It would not be appropriate for utilities to report high-usage customers as Versant has proposed.”
Commissioner Patrick Scully echoed this sentiment, highlighting that basing reports solely on electricity usage could lead to innocent customers being wrongly investigated.
“I would be concerned that reports based solely on usage could expose customers engaged in lawful activities to criminal investigations,” he said. “This is the job of law enforcement, not of utilities.”
Commissioner Scully pointed out that law enforcement should rely on lawful subpoenas to obtain customer information when necessary. This ensures that any investigation aligns with legal standards and respects individuals’ privacy.
Countless Reasons for Higher Utility Bills in Household
There are numerous legitimate reasons why households may experience higher utility bills, which were significant points of concern during the discussions surrounding Versant Power’s proposal.
Many consumers rely on high-energy appliances and systems, such as electric heating and cooling, which can significantly increase electricity consumption depending on the season. Additionally, hobbies that involve power-hungry tools can contribute to higher utility bills. There are countless scenarios that could explain a high utility bill; it’s not just solely growing marijuana.
Versant Believes They Can Accurately Report “Illegal” Cannabis Grows
In testimony to the PUC, Versant Power argued for the necessity of disclosing customer information to law enforcement when there is a “good faith belief” that a crime may be occurring. They described illegal cannabis growing operations as an “escalating problem” within their service territory in northern and central Maine, asserting that their utility can identify these operations with a high degree of certainty.
Versant highlighted several indicators, such as rural residential service addresses, requests for large amounts of power, damage to their equipment due to excessive usage, and installations that are atypical for residential properties. However, none of these arguments specifically point to illegal marijuana grows, as again, there could be countless other reasons for high utility bills.
“After the discussion and today’s ruling, we have clear direction from the commission and we will remain vigilant in protecting customers’ private information while continuing to work as mandated with law enforcement,” Judy Long, a spokesperson for Versant, said.
The Maine Public Utilities Commission’s decision to block Versant Power’s proposal is a significant win for the privacy rights of everyday consumers and even the “illegal” cannabis growers alike. This outcome affirms the principle that high utility usage does not warrant police intervention or scrutiny without cause.
It reinforces the understanding that paying customers should not live in fear of unwarranted confrontation from law enforcement simply due to increased electricity consumption.
The rejection of this proposal is a clear stand against the overreach of utility companies attempting to play the role of enforcers. We are pleased to see that sanity prevailed, preserving the privacy and dignity of individuals engaging in lawful activities without the threat of being unjustly targeted.
