65- 407 C.M.R. ch. 660, § 16

Current through 2024-25, June 19, 2024

Section 407-660-16 - WAIVERS

The Commission may grant waivers to the provisions of this Rule.

A.Utility Waiver

Upon the written request of any utility subject to this Rule or upon its own motion, the Commission may, for good cause, waive any requirement of this Rule that is not required by statute. The waiver may not be inconsistent with the purposes of this Rule or Title 35-A. The Commission, the Director of the CAD, or the Hearing Examiner assigned to a proceeding related to this Rule, may grant the waiver.

B.Individual Customer Waiver

1.Request Requirements

A utility may request that the CAD grant a waiver from any provision of this Rule in any case involving an individual applicant or customer whose conduct and known financial condition pose a clear danger of substantial losses to the utility. A request for waiver under this subsection must be made to the CAD. The request may be written or oral, but an oral request must be followed promptly by a written confirmation. The written request or confirmation shall include a detailed statement of the facts alleged by the utility in support of the request. The utility shall immediately notify, in writing, the individual applicant or customer whose service would be affected by the proposed waiver, describing the nature and effect of the requested waiver and the facts alleged in support of the request.

2.CAD Review

The CAD may reject any request for waiver that does not present facts that satisfy the standard of Section 15(B)(1) above.

3.Decision

The CAD shall issue a written decision granting, denying, or granting in part the requested waiver. When the CAD determines that a waiver is required to avoid a clear danger of substantial losses to the utility, it shall notify the customer and the utility of the decision. The notification may be made orally, but a written confirmation of the decision must be promptly issued. The decision or written confirmation shall:

a. describe the nature and effect of the waiver;

b. explain why the waiver was granted or denied; and

c. inform the customer and the utility of the right to appeal the CAD's decision to the Commission, as provided in Section 16(B)(4) below.

4.Appeal of Waiver Decision to Commission

By following the procedures in Section 13(H) of this Rule, a party may appeal a decision by the CAD granting or denying, in whole or in part, a request for an exemption. If the CAD grants an exemption, the utility may not act on the exemption until the appeal period expires.

65- 407 C.M.R. ch. 660, § 16