Section 460.751. Waivers and exceptions by electric utilities.

(1) An electric utility may petition the commission for a permanent or temporary waiver or exception from these rules when specific circumstances beyond the control of the utility render compliance impossible or when compliance would be unduly economically burdensome or technologically infeasible.

(2)     An electric utility may request a temporary waiver in order to have sufficient time to implement procedures and systems to comply with these rules.

(3)     An electric utility need not meet the standards or grant the credits required by parts 2  and  4  of these  rules  under  any of  the  following circumstances:

(a)    The problem was caused by the customer.

(b)      There was a work stoppage or other work action by the electric utility's employees, beyond the control of the utility, that caused a significant reduction in employee hours worked.

(c)     The problem was caused by an "act of God." The term  "act   of  God" means an event due to extraordinary natural causes so  exceptionally unanticipated and devoid of human agency that reasonable care would not avoid the consequences and includes any of the following:

(i)     Flood.

(ii)     Tornado.

(iii)     Earthquake.

(iv)     Fire.

(d)       The problem was due to a major system failure attributable to any of the following:

(i)     An accident.

(ii)     A man-made disaster.

(iii)     A terrorist attack.

(iv)     An act of war.

History: 2004 AACS.