Section R14-2-702. Applicability

A.      This Article applies to each load-serving entity, whether the power generated is for sale to end users or is for resale.

B.       An electricity public service corporation that becomes a load- serving entity by increasing its generating capacity to at least 50 megawatts combined shall provide written notice to the Commission within 30 days after the increase and shall com- ply with the filing requirements in this Article within two years after the notice is filed.

C.      The Commission may, by Order, exempt a load-serving entity from complying with any provision in this Article, or the Arti- cle as a whole, upon determining that:

1.        The burden of compliance with the provision, or the Arti- cle as a whole, exceeds the potential benefits to custom- ers in the form of cost savings, service reliability, risk reductions, or reduced environmental impacts that would result from the load-serving entity’s compliance with the provision or Article; and

2.        The public interest will be served by the exemption.

D.      A load-serving entity that desires an exemption shall submit to Docket Control an application that includes, at a minimum:

1.        The reasons why the burden of complying with the Arti- cle, or the specific provision in the Article for which exemption is requested, exceeds the potential benefits to customers that would result from the load-serving entity’s compliance with the provision or Article;

2.        Data supporting the load-serving entity’s assertions as to the burden of compliance and the potential benefits to customers that would result from compliance; and

3.        The reasons why the public interest would be served by the requested exemption.

E.       A load-serving entity shall file with Docket Control, within 120 days after the effective date of these rules, the documents that would have been due on April 1, 2010, under R14-2- 703(C), (D), (E), (F), and (H) had the revisions to those sub- sections been effective at that time.

Historical Note

Adopted effective February 3, 1989 (Supp. 89-1).

Amended by final rulemaking at 16 A.A.R. 2150, effec- tive December 20, 2010 (Supp. 10-4).