In an about-face, the California Energy Commission plans to give customers final control over the energy-saving thermostats that are to be required in new homes, Claudia Chandler, the commission's assistant executive director, said Friday.

The so-called Programmable Communicating Thermostats are called for in a pending revision to state building codes.

As initially proposed, these programmable thermostats would have deferred in emergencies to a radio signal from utilities, wresting control from customers.

After public protests, Chandler said the commission staff has suggested letting customers choose whether to accept the emergency control.

The staff will make the recommendation at the energy commission's Jan. 30 meeting in Sacramento. The changed proposal would be taken up at a later date.

"The consumer or customer can override the emergency control," with the change, Chandler said.

The radio system used by the utilities would notify customers of an energy emergency. If the customer did nothing, utilities could reset the thermostat to a higher temperature, but no higher than 88 degrees.

However, the thermostat will still include a radio control component that utilities could use with consumers' consent. That component will be a mandatory part of the thermostat, which can't be removed by the consumer.

Critics say they fear that requiring new homes to include a radio-controlled thermostat will make it easier to enforce mandatory controls later.

Michael Shames, executive director of the Utility Consumers' Action Network, said the mandatory control provision should never had been included.

"I'm relieved that the commission is taking this obvious step, but still unnerved that they raised (it) in the first place," Shames said. "The (commission's) misstep offered the public a Dickensian 'Christmas Carol' glimpse into an Orwellian future that will require us to scrutinize each and every subsequent revision of Title 24 regulations."

Also happy to see the mandatory control dropped, state Sen. Christine Kehoe said the public has proven itself willing to respond voluntarily to energy conservation calls.

"During the energy crisis of 2001, Californians saved almost 10 percent of the peak summer (electricity) demand when the governor asked us to," said Kehoe, whose 39th District includes most of the city of San Diego, stretching up the coast to include Del Mar.

"We do think automation has a role, but it doesn't have to be mandatory," said Kehoe, a Democrat who chairs the state Senate's energy, utilities and communications committee.

Joe Somsel, an engineer who first raised concerns about the proposal, said he was glad the commission decided to listen to the public.

However, he said, more discussion about the proposal is needed.

And state Sen. Tom McClintock, a frequent critic of government controls on energy production and use, said the continued mandatory inclusion of a nonremovable radio-control device in the thermostat proves the "true intentions" of regulators.

"We know where they want to go with this," said McClintock, a Republican who represents the 19th District in northern Los Angeles County and southern Ventura County. "They're just doing it in two steps instead of one. It's just one regulation away from being mandatory instead of voluntary."

Chandler said the mandatory inclusion of the nonremovable radio-control feature of the thermostat made sense, because even if the buyer of a new home didn't want the feature, the next buyer might.

Contact staff writer Bradley J. Fikes at (760) 739-6641 or bfikes@nctimes.com.