@eddy current @Costalota It is not my position to defend what the ESA guys say and I have had the same questions / concerns that you are stating.
I also don’t claim to be an expert in code issues, although I think I can dance my way around the codebook pretty good LOL!
Again, this was revisited just recently (two weeks ago) with a bunch of ESA inspectors / Technical Advisors and all are on board with the #6, 50 amp breaker and receptacle. Their justification seemed reasonable and it was inline with what I have tried to explain here and what I have been doing for years. They (the ESA guys) are going back to discuss the “stove receptacle” vice the 14-50R receptacle as the manufacturer markets the items as “dryer and stove” receptacle and not “EV” receptacle in addition to them being “flush mount” vice “surface mount”. They all generally agree that it is pretty low risk, but it does not comply with 2-024 because of the marketing.
All I can say is that I have been doing the #6 awg, 50 amp breaker and receptacle for years and have never had a defect. Yet there continues to be defects for many others that are doing both the #8 awg, 40 amp breaker, 50 amp receptacle and the #8, 50 amp breaker and 50 amp receptacle. There is no doubt that some of this is related to 2-024, but if the equipment is not permanently installed (hard-wired) it is a crap shoot for the inspector.
I think the issue in this explanation is that there are several variables and interconnecting codes; which makes it unnecessarily complicated as well as the ineffectiveness of rule 2-100.
So then I will try again to explain; you can agree or disagree, does not matter to me as I will keep doing #6, 50 amp breaker and receptacle for EV receptacles.
In general (most common) we are looking at a 32 amp EV being connected (plugged in) to a 50 amp receptacle.
I think we all agree that a #8 awg can be loaded up to 40 amps (80% of 50 amps).
I think we all agree that 32 amps is less than 80% of the conductor size (#8 awg).
I think we all agree that a #8 on a 40 amp breaker connected to a 50 amp receptacle is the most logical solution and should work, but rule 26-700 does not allow this.
My opinion is that we should be allowed to use a 40 amp breaker, #8 awg and 50 amp receptacle if we met the requirements of 2-100 (marking). The reality is that rule 2-100 is ineffective.
As explained to me, because of rule 26-700, and regardless of rule 2-100, there is nothing stopping someone from plugging in an EV to charge at a higher rate (in excess of 40 amps (80% of #8 awg)) – this is a bit of a “what if” and I am not necessarily a fan of that… but lets keep going. So the approach has been to interpret rule 8-104 at the 50 amp rating and not at the most common value on the market (32 amps).
If the max continuous load is 50 amps, then the conductor required to comply with 8-104 at a rating of 50 amps is #6 (65 amps x .8 = 52 amps). The breaker and receptacle are rated for 50 amps and the rule 8-104 is the conductor only at 80% and does not apply to the breaker or the receptacle.
I use the 120% calc as an easier example of determining what the 80% rule is, which I think is confusing to some people (perhaps I should not have included that in the previous posts) – because it is not the same numbers exactly, but the math always works out.
I take the max current (50 amps) and multiple by that by 1.2 (120%). In this case it is 50 x 1.2 = 60 – so I need a conductor that is good for 60 amps… I see that #6 awg is good for 65 amps (Table 2) and if I needed to “prove it” I would take 65 x .8 = 52 amps, still the same #6 awg. Again that is the way I do it for simplicity, but apparently it has been confusing for some.
So back to the original question, why can’t we use #8 on a 50 amp breaker and receptacle for an EV?
An EV is considered a continuous load and the conductor must be sized for the maximum continuous load at 80% of the conductor’s rating. The maximum current on this circuit is now potentially 50 amps and a #8 is rated at 50 amps at 100%, so the conductor is too small since it can only be maxed out at 40 amps and there is no way to limit the current to 40 amps regardless if we comply with 2-100 because 26-700 requires the 50 amp breaker.
This does not apply to non-continuous receptacles such as general use, exterior, etc where the 80% applies to the max of the circuit; although for #14, #12 and #10 it happens to work out the same (max of conductor); that is why there is rule 14-104 2), as you move up from there it does not work.
I think the real answer is to make a 40 amp receptacle for EVs and you install a 30 amp, 40 amp or 50 amp as required. If that is not an option, then you make a special rule (similar to stoves 26-744) that states you need to install the next larger conductor from Table 2 as required for the breaker size for any EV designated receptacle, notwithstanding other rules (like voltage drop).
Cheers
John