The commission shall modify a proposed or issued order if the hearing record shows that:

1. (1) construction and emissions otherwise precluded under the TCAA are essential to prevent loss of life, serious injury, severe property damage, or severe economic loss not attributable to the applicant's actions and are necessary for the addition, replacement, or repair of facilities or control equipment that is necessitated by a catastrophe;
2. (2) there is no practicable alternative to such construction and emissions; and
3. (3) modification of certain terms of the proposed or issued order is necessary to make the order, construction, and/or emissions meet the requirements stated in §35.807 of this title (relating to Affirmation of an Emergency Order).

Source Note:The provisions of this §35.808 adopted to be effective December 10, 1998, 23 TexReg 12413.