Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 332 - FILING REQUIREMENTS FOR PETITIONS OF PUBLIC CONVENIENCE AND NECESSITY FOR PURCHASES OF ENERGY OR FUEL CONVERSION OF GENERATING FACILITIES › Section 407-332-4 - WAIVERS

Current through 2024-29, July 17, 2024
A.
General waiver provision.
Upon written request and for good cause shown the Commission may waive any of
				the requirements of this rule, which are not mandated by statute.
B.
Waiver of approval
				requirements.
The Commission may waive the approval requirement of
				
				35-A M.R.S.A. §3133 on its own motion or
				upon request of any party except that the Commission may not waive the approval
				requirement if the purchase or fuel conversion involves generating capacity
				that exceeds either 5% of the installed capacity of the utility or 30 megawatts
				of capacity. The Commission shall rule on a request for a waiver within 60
				days. Prior to Commission consideration of a waiver, notice by mail must be
				sent, and an opportunity to be heard permitted, to persons who commonly
				participate in Commission proceedings and persons whose contracts may be
				affected by the agreement.
C.
Waiver of approval for amendments to previously approved
				agreements.
1. A utility may request a
				waiver from the application of 35 M.R.S.A. §3133 for amendments,
				extensions or renewals of agreements which were previously approved by the
				Commission under section 3133. The request for waiver may pertain to a
				particular amendment or to a certain category or type of amendments. The cover
				letter accompanying any request for a waiver must specifically state in the
				first sentence of the text of the letter, that the request is being filed
				pursuant to this section and that if the Commission does not act within 30 days
				(or 7 days if applicable) the waiver will be considered granted. Requests for
				waivers must describe the amendment and state the basis for the request. If the
				utility desires expeditious processing of the request, it shall state the date
				by which a response is requested and the reasons for the request for
				expedition. The Commission may grant the waiver if it finds that good cause has
				been shown that application of section 3133 is unnecessary, burdensome or
				impractical, and that the underlying purposes of section 3133 are not
				significantly impaired.
2. If the
				Commission does not respond to a request for a waiver within 30 days, the
				request shall be considered granted. In the case of a request for expedited
				processing of the request for waiver, the request shall be considered granted
				if the Commission has not responded by the date requested or within 7 days
				after filing of the request, whichever is greater. In the event of a denial of
				a waiver, the utility must file a petition as required in section
				1. If the Commission grants a waiver
				for a category or type of amendment, as distinguished from a particular
				amendment, the utility shall notify the Commission of any amendments which fall
				within the category in the same manner prescribed for amendment to contracts
				not previously approved by the Commission under
				
				35-A M.R.S.A.
				§3133(9)(b) and section
				3(c) of this
				rule.