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14.8.226    NON-PRIORITY LOAD APPELLANTS

An aggrieved customer may seek a non-priority load exemption from the provisions of stage 2 of an energy emergency by filing application with the utility adjustment committee as specified in ARM 14.8.229 (1) (a) . The committee shall make initial rulings on such applications. In cases where the customer wishes to appeal the initial ruling, the committee shall forward the application to the state appeals board as specified in ARM 14.8.229 (1) (b) and assist in gathering information and evaluating the applications. The state appealS board shall recommend to the governor either approval, denial, or approval with conditions of the application for non-priority exemption based upon the following criteria:

(1) curtailment would result in unreasonable exposure to health or safety hazards;

(2) curtailment would result in extreme economic hardship relative to the amount of energy saved;

(3) curtailment would be counter-productive for efficient energy use or energy production; and

(4) all non-essential electrical energy use has been eliminated.

History: Sec. 90-4-316, MCA; IMP, Sec. 90-4-310, MCA, and Sec. 90-4-314, MCA; NEW, 1980 MAR 2872, Eff. 10/16/80.

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