Some things to consider: Very few supply houses in my area carry #3...so electricians are forced to use a #2.
I can see your point and reading through lots of ROPs I see that the panel often takes things like "standard cable configurations" into account. Possibly the availability of #3 THHN could be considered. Changes have tried to be made, and actually one 2008 proposal (5-276 Log #345 NEC-P05)on the issue was even accepted then reversed in the comment period. I think a change is required.
As an electrical inspector, knowing this, I would never hassle an electrician [i.e. 250.122(B)] for not upsizing his EGC.
I want to agree but don't know enough to say for sure it isn't necessary. It seems to me that the code making panel thinks it is...
Also - if you follow 110.14(C)(1)(a) to the letter - conductors #14 thru #1 are supposed to be rated at 60 degrees.
I know that 110.14(C)(1)(b) allows you to use the 75 degree rating if all terminations are rated 75 - however this section does not mandate you use the 75 column to rate your conductor.
Just to be clear this is not the point. The point is if you have 75C terminations then the minimum the code requires is the #3. In any other situation if someone tried to tell you you couldn't use the 75C column to size your wires you would fight it and be right. Accordingly if you upsize from that minimum you are stuck with 250.122(B) IMO.
I think perhaps this is what Dennis was suggesting. How can you ding a guy for not upsizing his EGC when the code limits your conductors to the 60 degree column [unless....]