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Page 3 <br />.B. NO. <br />~ beyond the reasonable control of an electric utility, as set <br />2 forth in subsection (d), the commission, in its discretion, may <br />3 waive in whole or in part any otherwise applicable penalties. <br />4 (d) Events or circumstances that are outside of an <br />5 electric utility company's reasonable control may <br />6 include, to the extent the event or circumstance <br />7 could not be reasonably foreseen and ameliorated: <br />8 (1) Weather-related damage; <br />9 (2) Natural disasters; <br />to (3) Mechanical or resource failure; <br />11 (4) Failure of renewable electrical energy producers <br />12 to meet contractual obligations to the electric <br />13 utility company; <br />14 (5) Labor strikes or lockouts; <br />15 (6) Actions of governmental authorities that <br />16 adversely affect the generation, transmission, or <br />17 distribution of renewable electrical energy under <br />18 contract to an electric utility company; <br />19 (7) Inability to acquire sufficient renewable <br />20 electrical energy due to lapsing of tax credits <br />z~ related to renewable energy development; <br />