So when I emailed the judge to withdrawn my case, I made it a point to point out that SCE had told me that they are diligently working to remedy this for all affected customers. Since that should be a part of the public record, if it turns out they are not actually doing that, there is evidence of explicit deception an that they knew about the problem and chose not to remedy it. That should help out that rate chasing lawyer 
It should not be a difference between NEM1 and NEM2, which lies primarily in the NBCs as I understand it. I am grandfathered into NEM1 and I am on TOU-D-A. This issue had to do with participation in SCE's Smart Energy Program (2018) and Peak Time Rebate (2017). These are the programs where, when a flex alert is called, SCE can control your smart thermostat (like a Nest) to turn up the temp in the home to decrease stress on the grid. That program should work on NEM1 or NEM2 and basically on any rate as I understand it.

It should not be a difference between NEM1 and NEM2, which lies primarily in the NBCs as I understand it. I am grandfathered into NEM1 and I am on TOU-D-A. This issue had to do with participation in SCE's Smart Energy Program (2018) and Peak Time Rebate (2017). These are the programs where, when a flex alert is called, SCE can control your smart thermostat (like a Nest) to turn up the temp in the home to decrease stress on the grid. That program should work on NEM1 or NEM2 and basically on any rate as I understand it.
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