justicedao/ipfs_state_laws huggingface dataset:
345-027-0351 Review Processes for Requests for Amendment (1) The transfer review process, described in OAR 345-027-0400, applies to the Council’s review of a request for amendment to a site certificate to transfer a site certificate. (2) The standard amendment review process, set forth in OAR 345-027-0360 through 345-027-0375, is the default review process and applies to the Council’s review of a request for amendment proposing a change described in OAR 345-027-0350(2), (3), (4), or (5). (3) A pre-operational request for amendment review process applies to the Council’s review of a request for amendment that the Department or the Council approves for a pre-operational request for amendment review under OAR 345-027-0380. (4) The Council may act concurrently on any combination of proposed changes included in a request for amendment. Concurrent proposed changes are subject to the substantive requirements applicable to each respective proposed change and the Council must review all proposed changes through the process with the more procedural steps applicable to any one of the proposed changes. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0353 Changes Exempt from Requiring an Amendment An amendment to a site certificate is not required for a proposed change in the design, construction or operation of a facility that is in substantial compliance with the terms and conditions of the site certificate, and is a change: (1) To an electrical generation facility that would increase the electrical generating capacity and would not increase the number of electric generators at the site, change fuel type, increase fuel consumption by more than 10 percent or enlarge the facility site; (2) To the number or location of pipelines for a surface facility related to an underground gas storage reservoir that would not result in the facility exceeding permitted daily throughput or a change to the site boundary; (3) To the number, size, or location of pipelines for a geothermal energy facility that would not result in a change to the site boundary; (4) To a pipeline that is a related or supporting facility that delivers natural gas to the energy facility, if the change would extend or modify the pipeline or expand the right-of-way, when the change is exclusively to serve gas users other than the energy facility; (5) To a transmission line that is a related or supporting facility, if the change would extend or modify the transmission line or expand the right-of-way, when the change is exclusively to serve the transmission needs of a separate energy facility or energy user; or (6) To construct a pipeline less than 16 inches in diameter and less than five miles in length to test or maintain an underground gas storage reservoir. If the proposed pipeline would connect to a surface facility related to an underground gas storage reservoir for which the Council has issued a site certificate or to a gas pipeline for which the Council has issued a site certificate, the certificate holder must obtain, prior to construction, the approval of the Department for the construction, operation and retirement of the proposed pipeline. To obtain Department approval, the certificate holder must submit a request as described in OAR 345-027-0510 through 345-027-0540. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0355 Written Evaluations for Changes Not Requiring Amendment (1) For a proposed change that would add area to the site boundary, see OAR 345-027-0357(1). For a proposed change to the facility that does not include adding area to the site boundary, the certificate holder may evaluate OAR 345-027-0350 and 345-027-0353 and conclude that the proposed change does not require an amendment. If the certificate holder concludes that a proposed change to the facility does not require an amendment to the site certificate, the certificate holder must complete a written evaluation if the change: (a) Could be included in and governed by the site certificate, but the certificate holder has concluded the change is not described in OAR 345-027-0350; or (b) Is exempt from requiring an amendment under OAR 345-027-0353. (2) The written evaluation must explain why an amendment is not required, must be completed before implementing any change, and must be included in the next semiannual construction progress report or the Facility Modification Report required under OAR 345-026-0080. The written evaluation must be retained for the life of the facility. (3) The Department may, at any time, inspect the changes made to the facility and may inspect the certificate holder’s written evaluation concluding that the change did not require an amendment. (4) When the certificate holder implements a change without an amendment, the Department may initiate an enforcement action as described in Division 29 if the Department determines the change required an amendment to the site certificate. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0357 Amendment Determination Request (1) For a proposed change that would add area to the site boundary, the certificate holder must either: (a) Submit a request for amendment to the Department; or (b) Submit an amendment determination request to the Department for a written determination of whether the proposed change requires an amendment under OAR 345-027-0350. (2) For a proposed change that would not add area to the site boundary, the certificate holder may submit an amendment determination request to the Department for a written determination of whether: (a) The proposed change requires an amendment under OAR 345-027-0350; or (b) The proposed change is exempt from requiring an amendment under OAR 345-027-0353. (3) An amendment determination request must be submitted in writing to the Department and must include: (a) A narrative description of the proposed change; (b) Maps and/or geospatial data layers representing the effects and/or location of the proposed change; (c) The certificate holder’s evaluation of the determinations it is requesting under sections (1) or (2) of this rule; and (d) Any additional information the certificate holder believes will assist the Department’s evaluation. (4) After receiving an amendment determination request, the Department must post an announcement on the Department’s website to notify the public that an amendment determination request has been received. The announcement must include a copy of the amendment determination request. (5) Upon receiving a request for a written determination the Department must, as promptly as possible, issue a written determination to the certificate holder. If the Department needs more information to complete its evaluation, it must promptly identify what information it needs and request the certificate holder provide it. After the Department issues its written determination, the Department must, as promptly as possible, provide the request and the written determination to the Council and post the written determination to its website. At the first Council meeting after the Department issues its written determination, the Department must provide verbal notice of the request and the written determination to the Council during the consent calendar agenda item. The Department may refer its determination to the Council for concurrence, modification, or rejection. At the request of the certificate holder or a Council member, the Department must refer its determination to the Council for concurrence, modification or rejection. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0359 Pre-Amendment Conference (1) Prior to submitting a preliminary request for amendment to the site certificate as described in OAR 345-027-0360, the certificate holder may request a pre-amendment conference with the Department to discuss the scope, timing, and applicable laws and Council standards associated with the request for amendment. (2) A pre-amendment conference request must be in writing and must include a description of the proposed change and, if applicable, maps or geospatial data layers representing the location of the proposed change. (3) Upon receipt of a request as described in section (1) of this rule, the Department must, as promptly as possible, set a date and time for a pre-amendment conference. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0365 Proposed Order for a Request for Amendment (1) Within 7 days after a request for amendment to the site certificate described in OAR 345-027-0350(3) or (4) or a request for amendment to apply later-adopted laws described in OAR 345-027-0390 is determined to be complete, the Department must: (a) Send notice to the certificate holder specifying a date for issuance of a proposed order. The date of issuance of a proposed order for a request for amendment must be no later than 21 days after the date of the notice. (b) Post an announcement on the Department’s website to notify the public that a complete request for amendment has been received. The announcement must include: (A) A copy of the complete request for amendment; (B) The date the proposed order will be issued, as specified in the notice required by subsection (1)(a) of this rule; and (C) A statement that the public comment period begins upon issuance of the proposed order. (2) No later than the date specified in the notice required by subsection (1)(a) of this rule, the Department must issue a proposed order recommending approval, modification, or denial of the requested amendment. The Department may issue the proposed order at a later date, but the Department must, no later than the date the Department has specified in the notice required by subsection (1)(a) of this rule, notify the certificate holder in writing of the reasons for the delay. The proposed order may include, but is not limited to, proposed findings of fact, conclusions of law, and conditions concerning the facility’s compliance with applicable laws and Council Standards. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0371 Council's Final Decision on Requests for Amendment (1) No later than 21 days after the deadline for possible sur-replies related to the proposed order discussed in 345-027-0367(8)(e), the Department must issue a draft of the final order with written analysis of any comments on the proposed order, including analysis of any responses, replies, and sur-replies, and indicate whether it recommends any changes to the proposed order. If the Department recommends any changes, it will include them in a draft of the final order. (2) The Department may issue the draft of the final order at a later date, but the Department must post an update of the date by which it will issue the draft of the final order on the Department’s webpage for the facility. (3) The Department must issue notice of a draft of the final order by: (a) Sending notice of the draft of the final order by mail or email to all persons, agencies, or organizations who commented during the public comment period; and (b) Posting an announcement of the draft of the final order on the Department's webpage for the facility. (4) Notice of the draft must include: (a) A description of the facility and the facility’s general location; (b) The physical address and website where the public may review copies of the draft of the final order; (c) The name, address, email address and telephone number of the Department representative to contact for more information; and (d) The date of the Council’s review of the draft final order and all related comments, responses, replies, and sur-replies. (5) The Department may summarize the analysis it conducted to produce the draft of the final order at Council’s review of the draft of the final order. (6) The Council, at its discretion, may pose questions to the Department, the Department of Justice, persons who commented on the proposed order, and/or the certificate holder. (7) After reviewing the written analysis of the comments, responses, replies, and sur-replies, along with the draft of the final order, the Council, based on the considerations described in OAR 345-027-0375, must either grant or deny issuance of an amended site certificate in a written final order. The Council’s final order may adopt, modify or reject the Department’s draft of the final order. If the Council grants issuance of an amended site certificate, the Council must then issue an amended site certificate, which is effective upon execution by the Council Chair and by the certificate holder. (8) Judicial review of the Council’s final order either granting or denying an amended site certificate is as provided in ORS 469.403(3). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 4-2020, amend filed 08/24/2020, effective 08/24/2020 EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0375 Scope of Council's Review (1) In making a decision to grant or deny issuance of an amended site certificate, the Council must apply the applicable laws and Council standards required under section (2) of this rule and in effect on the dates described in section (3) of this rule. (2) To issue an amended site certificate, the Council must determine that the preponderance of evidence on the record supports the following conclusions: (a) The facility as amended complies with all applicable laws and Council standards; (b) For a request for amendment to extend the deadlines for beginning or completing construction, after considering any changes in facts or law relevant to the proposed amendment since the date the current site certificate was executed, the facility complies with all laws and Council standards applicable to an original site certificate application. However, for requests to extend completion deadlines, the Council need not find compliance with an applicable law or Council standard if the Council finds that: (A) The certificate holder has spent more than 50 percent of the budgeted costs on construction of the facility; (B) The inability of the certificate holder to complete the construction of the facility by the deadline in effect before the amendment is the result of unforeseen circumstances that are outside the control of the certificate holder; (C) The standard, if applied, would result in an unreasonable financial burden on the certificate holder; and (D) The Council does not need to apply the standard to avoid a significant threat to the public health, safety or the environment; (c) For a request for amendment to a site certificate for a fossil-fueled power plant, Council must also find the proposed change will not increase the gross carbon dioxide emissions that are reasonably likely to result from the operation of the facility by more than three percent (3%) above the estimated gross carbon dioxide emissions used to determine compliance with the applicable carbon dioxide standard in the site certificate or amended site certificate most recently issued before September 25, 2021. (3) In making findings under section (2) of this rule, the Council must apply the applicable laws and Council standards in effect on the following dates, regardless of when the site certificate was previously approved or amended: (a) For the applicable substantive criteria under the Council’s land use standard, as described in OAR 345-022-0030, the date the request for amendment was submitted; and (b) For all other applicable laws and Council standards, the date the Council issues its final order on the request for amendment. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.401, 469.405, 469.413(2) & 469.504 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 1-2022, amend filed 07/25/2022, effective 07/25/2022 EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0385 Request for Amendment to Extend Construction Deadlines (1) The certificate holder may request an amendment to the site certificate to extend the deadlines for beginning or completing construction of the facility, or portion/phase of the facility, that the Council has approved in a site certificate or an amended site certificate by submitting a preliminary request for amendment in accordance with OAR 345-027-0360. The preliminary request for amendment must be submitted to the Department before the applicable construction deadline, but no earlier than the date twelve months before the applicable construction deadline. (2) A preliminary request for amendment received by the Department within the time allowed under section (1) of this rule to extend the deadlines for beginning and completing construction suspends expiration of the site certificate or amended site certificate until the Council acts on the request for amendment. If the Council denies the extension request after the applicable construction deadline, the site certificate is deemed expired as of the applicable construction deadline specified in the site certificate or amended site certificate. (3) If the Council grants an amendment under this rule, the Council must specify new deadlines for beginning or completing construction that are no more than three years from the deadlines in effect before the Council grants the amendment. (4) For amendment requests under this rule to extend construction deadlines for facilities or portions of the facility, the Council may extend the deadline for beginning construction of a facility or a phase of a facility for a period of time not to exceed nine years, calculated from the granting of the original site certificate. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.370, 469.405 & 469.503 History: EFSC 1-2026, minor correction filed 02/03/2026, effective 02/03/2026 EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-029-0000 Policy The purpose of the Council enforcement program is to protect the health and safety of the public and the environment by ensuring compliance with the terms and conditions of site certificates, Department of Energy orders as described in OAR 345-027-0230, Radioactive Materials Transport Permits and applicable statutes, rules and orders of the Director and Council and by obtaining prompt correction of violations. Statutory/Other Authority: ORS 469.470, 469.607 & 469.992 Statutes/Other Implemented: ORS 469.085, 469.470, 469.607 & 469.992 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94
345-029-0003 Applicability of OAR 345-029-0005 through 345-029-0100 (1) OAR 345-029-0005 through OAR 345-029-0100 apply to violations or potential violations involving energy facilities, including: (a) A violation of any term or condition of a site certificate; (b) Except as described in OAR 345-029-0503, a violation of any applicable provision of ORS Chapter 469, OAR chapter 345, or an order of the Council; (c) A violation of an order issued under OAR 345-027-0230; or (d) A history of non-compliance by a certificate holder with applicable rules or license requirements of more than one other state agency having enforcement jurisdiction. (2) No provision of these rules precludes the Director or Council from taking any actions authorized under ORS Chapter 469 to protect public health and safety or the environment, including, but not limited to the seeking of injunctive relief or the suspension or revocation of permits or site certificates. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.085, 469.440 & 469.992 History: EFSC 1-2021, adopt filed 02/26/2021, effective 02/26/2021
345-029-0005 Definitions for OAR 345-029-0005 through 345-029-0100 As used in OAR 345-029-0005 through 345-029-0100: (1) "Responsible party" means: (a) A certificate holder; (b) A person to whom the Council has granted an exemption from the site certificate requirement under OAR 345-015-0350 through 345-015-0370; or (c) Any person otherwise subject to the requirements of ORS chapter 469, or OAR chapter 345, related to energy facilities. (2) "Compliance audit" means an audit conducted as part of an ongoing comprehensive program established by the responsible party to evaluate and ensure compliance with applicable rules, statutes, or site certificate conditions. Statutory/Other Authority: ORS 469.470 & 469.605 Statutes/Other Implemented: ORS 469.085 & 469.440 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95
345-029-0010 Report by a Responsible Party The responsible party must make reports as specified in these rules and in the site certificate. Whenever a responsible party becomes aware of conditions or circumstances that may violate the terms or conditions of a site certificate, the terms or conditions of any order of the Council, or the terms or conditions of an order issued under OAR 345-027-0230, the responsible party must: (1) As soon as reasonably possible, notify the Department of the conditions or circumstances that may constitute a violation, giving all pertinent facts including an estimate of how long the conditions or circumstances have existed, how long they are expected to continue before they can be corrected, and whether the conditions or circumstances were discovered as a result of a regularly scheduled compliance audit. (2) As soon as reasonably possible, initiate and complete appropriate action to correct the conditions or circumstances and to minimize the possibility of recurrence. (3) Submit to the Department a written report within 30 days of discovery. The report must contain: (a) A discussion of the cause of the reported conditions or circumstances; (b) The date of discovery of the conditions or circumstances by the responsible party; (c) A description of immediate actions taken to correct the reported conditions or circumstances; (d) A description of actions taken or planned to minimize the possibility of recurrence; and (e) For conditions or circumstances that may violate the terms or conditions of a site certificate, an assessment of the impact on the resources considered under the standards of divisions 22 and 24 of this chapter as a result of the reported conditions or circumstances. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.440 History: EFSC 1-2021, amend filed 02/26/2021, effective 02/26/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94