Conn. Agencies Regs. § 16-47a-11 - Waiver and variance
(a) The Department
may, upon its own motion or upon the request of any gas company, waive, for a
specified period of time or event, any of the requirements of this Gas Code of
Conduct that are not required by statute upon a finding of good cause and that
the waiver would not be inconsistent with the purpose of section
16-47a
of the Connecticut General Statutes or this Gas Code of Conduct.
(b) A gas company may request a variance from
any standard in the Gas Code of Conduct from the Department. The granting of an
exception to one gas company does not constitute a waiver respecting or
otherwise affect the required compliance of any other gas companies to comply
with the standards. The scope of the exception will be determined based on the
facts and circumstances surrounding each request.
(c) A gas company may engage in an affiliate
transaction not in compliance with the standards set out in the Gas Code of
Conduct when, to its best knowledge and belief, compliance with the standards
would not be in the best interests of its ratepayers, provided such gas
company:
(1) Complies with all reports and
record retention requirements for each affiliate transaction; and
(2) Files notice of the noncomplying
affiliate transaction with the Department no later than 10 days of the
occurrence of the noncomplying affiliate transaction. The notice shall provide
a detailed explanation of why the affiliate transaction should be exempted from
the requirements of the Gas Code of Conduct, and shall provide a detailed
explanation of how the affiliate transaction was in the best interests of the
ratepayers. Within thirty (30) days of the notice of the noncomplying affiliate
transaction, any party shall have the right to request a hearing regarding the
noncomplying affiliate transaction. The Department may grant or deny the
request for hearing at that time. If the Department denies a request for
hearing, the denial shall not in any way prejudice a party's ability to
challenge the affiliate transaction at the time of the annual CAM filing. At
the time of the filing of a gas company's annual CAM filing a gas company shall
provide the Department a listing of all noncomplying affiliate transactions
which occurred between the period of the last filing and the current filing.
Any affiliate transaction submitted pursuant to this section shall remain
interim, subject to a final Department determination on whether the
noncomplying affiliate transaction had an adverse impact on the costs or
revenues of the gas company.
Notes
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