(EDIT: Note that in the original quote I mentioned 310.19 - the proper section is 210.19.)
Don't worry, this is frequently misunderstood, but the good news is that the NEC is crystal clear about the matter. I've also consulted with the chief code compliance officers and inspectors that I work with on a regular basis, and they've been unanimous. In addition, I posed the question on Mike Holt's forum, which deals with the specifics of code compliance, and received a unanimous agreement.
To your query, absolutely not -- conductor ampacity and OCPD are two different things. While you addressed sizing of the OCPD, you failed to size the
conductor per 210.19.
So let's start out with how we get there:
- Article 625 states that vehicle charging loads are always to be considered continuous loads.
- Section 210.19(A)(1)(a) says that "Where a branch circuit supplies continuous loads or any combination of continuous and noncontinuous loads, the minimum branch circuit conductor size shall have an allowable ampacity not less than the noncontinuous load plus 125 percent of the continuous load." An HPWC configured for an 80A continuous load, then, requires a conductor with an "allowable ampacity not less than" 100A.
- Section 334.80 requires you to use the 60 degree column of 310.15(B)(16) when determining allowable ampacity of the NM cable.
- Allowable ampacity of conductors is defined in 310.15. The 60 degC column of 310.15(B)(16) states that the ampacity of #2 copper conductors is 95 amps.
- 95 amps is not "not less than" 100 amps, and so #2 NM would not be usable for this application.
- The 240.4 "next size up" rule, for breakers only, doesn't apply to conductors.
Of course, just like in anything related to the NEC, the only person whose opinion matters is the electrical inspector (or his supervisor, if you escalate) or the insurance company investigator, depending on what event triggers the inspection. I sincerely doubt there'd be a safety issue with #2 NM, but it is an illegal install and may come with insurance and/or liability implications. Three of the local inspectors I deal with said they would fail a #2 NM install to an HPWC.