Sec. 26.310  Waiver of rules.

    (a) Request for waivers. (1) Waivers of these rules may be granted 
upon application or by the Commission on its own motion. Requests for 
waivers shall contain a statement of reasons sufficient to justify a 
waiver. Waivers will not be granted except upon an affirmative showing:
    (i) That the underlying purpose of the rule will not be served, or 
would be frustrated, by its application in a particular case, and that 
grant of the waiver is otherwise in the public interest; or
    (ii) That the unique facts and circumstances of a particular case 
render application of the rule inequitable, unduly burdensome or 
otherwise contrary to the public interest. Applicants must also show the 
lack of a reasonable alternative.
    (2) If the information necessary to support a waiver request is 
already on file, the applicant may cross-reference to the specific 
filing where it may be found.
    (b) Denial of waiver, alternate showing required. If a waiver is not 
granted, the application will be dismissed as defective unless the 
applicant has also provided an alternative proposal which complies with 
the Commission's rules (including any required showings).