I don't see how they can do that. The upper thermostat is a single-pole double-throw switch. When it senses adequate heat, it connects one side of the 220 to the lower element. The lower thermostat is a single-pole single-throw switch. When it calls for heat, it closes the circuit. However, when the uppper element also calls for heat, its thermostat sends current through the upper element, cutting off the lower one. Since only one side is switched, there is voltage present at all times in both elements, but there isn't current on more than one element at a time. Cold water is introduced to the bottom of the tank. If the water in the top is still hot, only the bottom element operates. When the water in the top is also cold, the top element takes over and the bottom one stops.