170 IAC 4-3-3 Variances

Sec. 3. Saving Clause. Any public utility wishing to depart from these rules: (1) For the purpose of experimentation or for the development of improved methods of construction or maintenance; or (2) Because they work an injustice or expense not justified by the protection secured or are shown to be impractical; or (3) Where equivalent or safer construction can be more readily provided in other ways; may informally petition for authorization to construct, install or use materials, equipment or methods other than those specified in these rules, directing such petition to the electricity division of the Commission. The petition shall be accompanied by the consent of any other utility whose facilities will be directly affected by the proposed departure from these rules. The electricity division shall forthwith make an investigation and if satisfied that such petition falls within one or more of the three categories set forth above and is justified from an engineering standpoint shall so advise the Commission. The petitioning utility and any consenting utility shall thereupon be notified, in writing, that the proposed departure from these rules has been authorized. The Commission reserves the right to modify or set aside any of the provisions of these rules at any time, in any specific case or otherwise when, in the Commission's opinion, public interest would be served better by so doing.