Using a sub panel as a feed through?

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I tried searching to find my answer but didn't come back with anything sound.

Back story. My parents bought a bar, converting it in to a micro brewery.

The electric was/is a mess. The building has had three additions put on over the years, there was still original K&T wiring in operation, etc etc.

The job was out of my scope of work and time to help them. They hired an electrician that replaced the K&T, but also cut a lot of things out and just left it. A lot of other hack work that I've gone back to correct. So now one of the rooftop condensers no longer works as he cut it in 4 separate places.

I traced out all of the wiring. Due to where it was all cut out, disconnected, etc it is no longer viable to use. Additionally it was ran with 12/2 where it needed to be 10/2 (min circuit amps on the nameplate is 25.3).

There is a 1ph subpanel pretty close to the AC unit. It feeds down 2 floors to the basement. I would like to use that sub as a feed-through for the condenser. Due to the building layout, the additions and the fact that this part of the building is slab on grade, getting a circuit from the condenser to the basement (where the main service is) is a nightmare. I would like to use the existing conduit that feeds the subpanel upstairs. Condenser conductors would pass through that sub panel and share the conduit to the main 3ph panel.

The subpanel is derived from the main 3ph panel. The condenser circuit would also be derived from the same 3ph panel. There would be no splices in the subpanel for the condenser circuit, just a pass through.

Thoughts?
 
312.8 Switch and Overcurrent Device Enclosures with Splices, Taps, and Feed-Through Conductors. The wiring space of enclosures for switches or overcurrent devices shall be permitted for conductors feeding through, spliced,or tapping off to other enclosures, switches, or overcurrent devices where all of the following conditions are met:



(1) The total of all conductors installed at any cross section

of the wiring space does not exceed 40 percent of the

cross-sectional area of that space.

(2) The total area of all conductors, splices, and taps installed

at any cross section of the wiring space does not

exceed 75 percent of the cross-sectional area of that

space.

(3) A warning label complying with 110.21(B) is applied

to the enclosure that identifies the closest disconnecting

means for any feed-through conductors.
 
Awesome. Thanks guys.

I knew I was already good with fill rate (with the exception of the 5' of 3/4 that needed to be replaced with 1")

 Definitely didn't know about the warning label. Thank you for that as well.
 
And you may have to derate based on the # of conductors. Derating would apply to the new conductors and could affect the existing conductors I would think
 
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