Re: circuit breakers
Yes, but that's not what is being discussed.  The concept here is 3-phase breaker in a 3-phase panel with only 1 wire attached (i.e., to one of the three poles).  I don't think 408.16(E) would apply here.  
 
 I am, however, reconsidering my previous posing, in view of a 3-phase multi-wire circuit for which only one circuit may be carrying current at a given point in time.  Again I ask, can we get an opinion from a breaker manufacturer?