(1) Certain customers set out below because of the critical nature of their operations shall be exempt from stage 2 mandatory curtailment once the customer has demonstrated to its utility that all non-essential electrical energy use has been eliminated:

(a) public health and safety functions such as:

(i) hospitals, nursing homes, and other health care facilities;

(ii) police and fire stations, and traffic signals;

(iii) sewage treatment and domestic water treatment installations;

(b) emergency services including essential communication

facilities, and telephone networks;

(c) governmental operations, not including schools;

(d) public mass transit operations including, but not limited to, airports;

(e) food production and processing facilities including irrigation;

(f) energy supply and storage facilities such as:

(i) refineries;

(ii) oil and gas pipelines;

(iii) coal handling facilities; and,

(iv) wood waste processing and handling facilities associated with energy production; and

(g) mining, not including mine construction.

(2) Each utility shall to the extent feasible identify and notify its priority load customers prior to declaration of an energy supply emergency. A priority load customer listing shall be submitted to the energy division.

(3) If stage 2 of an energy emergency is implemented, the utility adjustment committee as outlined in ARM 14.8.229 (1) (a) shall grant exemption of priority load customers that appear on the approved list, provided the applicant has demonstrated that all non-essential electrical energy use has been eliminated. No priority load exemptions shall be granted unless an application is filed by the applicant and the applicant appears on the approved list. Appeals from the committee decision shall be to the state appeals board as provided for in ARM 14.8.229 (1) (b) .