345-015-0180 Agency Memorandum on a Preliminary Application (1) Until the Department determines the application to be complete as described in OAR 345-015-0190 or 345-015-0310, it is a preliminary application. (2) The Department must mail or email the memorandum described under (3) to the reviewing agencies. (3) In the memorandum, the Department must: (a) Request comments or recommendations regarding the preliminary application on the following: (A) Whether the reviewing agency needs any additional information from the applicant to review the application under the statutes, administrative rules or ordinances administered by the reviewing agency and describe such information; and (B) The status of applications for permits, if any, that the applicant has submitted to the reviewing agency and that are necessary for the construction and operation of the proposed facility. (b) For any special advisory group designated by the Department under OAR 345-015-0115, request that the special advisory group recommend to the Council the applicable substantive criteria and explain that, as required by ORS 469.504(5), if the special advisory group does not recommend applicable substantive criteria by the specified date, the Council may either determine and apply the applicable substantive criteria or determine compliance with the statewide planning goals under ORS 469.504(1)(b)(B) or (C); (c) Set a deadline for the response to (3)(a)-(b). (d) State that the reviewing agency must comment in person or in writing on the record of the public hearing described in OAR 345-015-0220 to preserve the right to participate in the contested case proceeding as a party, limited party or interested agency and the right to appeal the Council's final decision; (e) Explain that the recipient's written comments, recommendations and reports are part of the decision record for the application for a site certificate; (4)(a) If the applicant has elected to demonstrate compliance with the Council’s land use standard under ORS 469.504(1)(a), each local government with land use jurisdiction over the proposed facility must, in the comments or recommendations submitted to the Department under section (3)(a), describe the status of the local land use proceedings and state the date when the local government expects to issue a final land use decision; (b) If the applicant has elected to obtain a Council determination of compliance with the Council's land use standard under ORS 469.504(1)(b), each local government with land use jurisdiction over the proposed facility must, in the comments or recommendations submitted to the Department under section (3)(a), include: (A) A complete list of applicable substantive criteria from the local government's acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and that are in effect on the date the application was submitted. For the purpose of this rule, the application is submitted on the date that the Department receives the preliminary application. “Applicable substantive criteria” means the criteria and standards that the local government would apply in making all land use decisions necessary to site the proposed facility in the absence of a Council proceeding; (B) A complete list of Land Conservation and Development Commission administrative rules, statewide planning goals and land use statutes directly applicable to the facility under ORS 197.646(3); (C) Copies of the criteria listed in (A) and any interpretations of ambiguous terms and matters arising from the local government's land use regulations. (c) The local government may submit its recommendations, comments and interpretations as described in subsection (b) in the form of a resolution adopted by the local governing body. (6) The Department must, as soon as practicable, send the applicant copies of all comments submitted under section (3)(a) that identify a need for additional information. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.350 & ORS 469.504 History: EFSC 1-2023, amend filed 08/29/2023, effective 08/29/2023 EFSC 10-2019, amend filed 10/04/2019, effective 10/07/2019 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94