Ariz. Admin. Code § 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 comply 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 Article as a whole, upon determining that:

1. The burden of compliance with the provision, or the Article as a whole, exceeds the potential benefits to customers 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 Article, 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 subsections been effective at that time.

Notes

Ariz. Admin. Code § R14-2-702

Adopted effective February 3, 1989 (Supp. 89-1). Amended by final rulemaking at 16 A.A.R. 2150, effective December 20, 2010 (Supp. 10-4).