1. (a) For purposes of a waiver under this chapter, good cause shown or good cause determined on the commission's own motion must be based on a finding by the commission that

   1. (1) waiver of the requirement will not conflict with the provisions of AS 42.05.760 - AS 42.05.790, and is consistent with the public interest; and

   2. (2) the basis for the waiver does not involve

      1. (A) misrepresentation of a material fact;
      2. (B) unauthorized discontinuance or abandonment of all or part of an electric reliability organization's duties;
      3. (C) willful failure to comply with the provisions of AS 42.05.760 - 42.05.790, this chapter, or the orders of the commission; or
      4. (D) willful failure to comply with a term, condition, or limitation of a certificate.
2. (b) An application for a waiver under this chapter must be in writing and must set out the pertinent facts in sufficient detail to support a finding by the commission that no legitimate public interest will be served by enforcing the requirement designated in the application. An application under this section may be made to the commission by motion, petition, or, where appropriate, by a tariff letter.

(Eff. 3/11/2022, Register 241)