The Naperville Smart Meter Awareness group initially sued Naperville over the installation of about 57,000 smart meters in homes and business across town.
City officials have said the meters, which replace traditional analog meters, will help them operate the electrical system in a smoother, more efficient manner.
The meters utilize wireless technology, meaning city employees don’t have to go to each customer and read the meter. They also send usage data at more frequent intervals.
The group, which filed the suit in 2011, contends the meters raise concerns about privacy, health and other issues.
Doug Ibendahl, attorney for the group, said the court may rule on whether to accept a third amended complaint when it comes up July 8. A ruling also could happen outside of any scheduled court appearance.
Federal Judge John Z. Lee in September dismissed three of four plaintiffs’ claims.
But he did not dismiss an equal protection claim regarding members of the group being treated differently than non-members when it came to keeping an analog meter.
The new complaint that Ibendahl and his clients are waiting for a ruling on seeks to provide more substance to the claims that Lee dismissed last year.
“It was clear the court needed to see some additional detail on the collection, retention and the potential use of the data being collected” by the smart meters, Ibendahl said. “In our proposed amended complaint, we’ve tried to address those issues.”
If the judge rules against the new complaint, the case would go forward solely on the equal protection claim that was not dismissed last September, Ibendahl said.
Citing the ongoing nature of the litigation, Naperville officials declined to comment.
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