65- 407 C.M.R. ch. 334, § 4

Current through 2024-51, December 18, 2024
Section 407-334-4 - WAIVERS
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 for amendments to previously approved agreements.
1. A utility may request a waiver from the application of 35-A M.R.S.A. §3133-A for amendments to agreements which were previously approved by the Commission under section 3133-A. 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-A is unnecessary, burdensome or impractical, and that the underlying purposes of section 3133-A 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 in section 3(C) of this rule for amendments to contracts not previously approved by the Commission under section 3133(9).
C. Waiver of 2-month notice for amendments. For good cause shown, the Commission may waive the 2-month notice requirement in section 2 of this rule for amendments which otherwise require approval under section 3133-A(5) and for which approval has not been waived under section 4(B) of this rule.

65- 407 C.M.R. ch. 334, § 4