justicedao/ipfs_state_laws huggingface dataset:
345-015-0120 Agency Memorandum on a Notice of Intent After receiving a notice of intent (NOI), the Department must prepare a memorandum. In the memorandum, the Department must: (1) Request comments from the reviewing agency by a specified date. (2) Request the following information: (a) The name, address and telephone number of the agency contact person assigned to review the application; (b) Comments on aspects of the proposed facility that are within the particular responsibility or expertise of the reviewing agency; (c) Recommendations regarding the size and location of analysis areas; (d) A list of studies that should be conducted to identify potential impacts of the proposed facility and mitigation measures; (e) If the applicant has identified one or more proposed corridors in Exhibit D of the NOI as required by OAR 345-020-0011(1)(d), a discussion of the relative merits of the corridors described in the NOI and recommendations, if any, on the selection of a corridor; (f) A list of statutes, administrative rules and local government ordinances administered by the agency that might apply to construction or operation of the proposed facility and a description of any information needed for determining compliance; (g) A list of any permits administered by the agency that might apply to construction or operation of the proposed facility and a description of any information needed for reviewing a permit application; and (h) For tribes affected by the proposed facility, a list of tribal codes that the tribe recommends to the Council for its review of the application and specific information regarding the proposed facility or study areas described in the NOI that is necessary for determining compliance with those tribal codes. (3) State the date, time, location, and purpose of any informational meeting that the Department has scheduled on the NOI and encourage the recipient to attend and participate in the informational meeting. (4) The Department must mail or email the memorandum and NOI to each person on the distribution list before the distribution date. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.330 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
345-015-0130 Informational Meeting on a Notice of Intent (1) After issuing the public notice described in OAR 345-015-0110, the Department of Energy may hold one or more informational meetings on the proposed facility in the vicinity of the site of the proposed facility. The informational meeting is not a contested case hearing. (2) If the Department holds an informational meeting, the Department shall present an explanation of the notice of intent (NOI) process and the application process, including the means and opportunities for the general public to participate in these processes, and an explanation of the difference between informational meetings and the public hearing described in 345-015-0220. The Department may present this information orally or by a written handout. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.330 History: EFSC 1-2023, amend filed 08/29/2023, effective 08/29/2023 EFSC 4-2019, minor correction filed 05/28/2019, effective 05/28/2019 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
345-015-0140 Review by the Department of Energy The Department of Energy shall review the notice of intent (NOI) and the comments and recommendations received by the final date for submission of comments specified in the public notice described in OAR 345-015-0110 and in the memorandum described in 345-015-0120. The Department shall send copies of any written comments or recommendations to the applicant. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.330 History: 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
345-015-0171 Public Notice of a Preliminary Application After receiving the preliminary application, the Department must post an announcement on its website to notify the public that a preliminary application has been received. The Department must include the addresses of locations where the public may review copies of the preliminary application in the announcement. The announcement may include the preliminary application or sections of the preliminary application that may be viewed or downloaded. The announcement may include a link to the applicant’s website, if any, where the preliminary application may be viewed or downloaded. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.350 History: EFSC 1-2023, adopt filed 08/29/2023, effective 08/29/2023
345-015-0194 Public Notice of a Complete Application for Site Certificate (1) The Department must inform the public that the application is complete by publishing notice in a newspaper of general circulation available in the vicinity of the proposed facility. In addition, the Department must send notice by mail or email to all persons on: (a) The Council's general mailing list as defined in OAR 345-011-0020; (b) Any special mailing list set up for the proposed facility; and (c) The list of property owners provided in Exhibit F of the application. (d) The land management agency or organization with jurisdiction over the protected areas identified in the application. (2) In notices described in section (1), the Department must include the following information: (a) A description of the proposed facility; (b) The location of the site of the proposed facility; (c) The date of filing; (d) A description of the procedure for review of the application, including the date, time and location of any informational meeting that has been scheduled on the application and an explanation of the difference between the informational meeting and the public hearing described in OAR 345-015-0220; (e) Addresses of locations where the public may review copies of the application; (f) The name, address, email address, and telephone number of the Department’s representative to contact for more information; (g) If the applicant has elected to seek local land use approvals pursuant to ORS 469.503(2)(a), a statement of the status of the land use approvals, and the name, address and telephone number of the local governments(s) making or having made the land use determination; and (h) If the proposed facility is an energy facility that must comply with a carbon dioxide emissions standard adopted by the Council, a statement of the applicant’s proposed means of compliance with the applicable carbon dioxide emissions standard. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.350 History: EFSC 1-2023, adopt filed 08/29/2023, effective 08/29/2023
345-015-0198 Informational Meeting on a Complete Application (1) After issuing the public notice described in OAR 345-015-0194, the Department of Energy may hold one or more informational meetings on the proposed facility in the vicinity of the site of the proposed facility. The informational meeting is not a contested case hearing. (2) If the Department holds an informational meeting, the Department shall present an explanation of the application process, including the means and opportunities for the general public to participate in these processes, and an explanation of the difference between the informational meeting and the public hearing described in OAR 345-015-0220. The Department may present this information orally or by a written handout. (3) The applicant or the applicant’s representative must attend all public informational meetings described in this rule. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.350 History: EFSC 1-2023, adopt filed 08/29/2023, effective 08/29/2023
345-015-0205 Agency Coordination Each agency with legal authority to implement or enforce state statutes, state administrative rules or local government ordinances that must be satisfied in order for the Council to issue a site certificate for a proposed facility is encouraged to conduct its review of the application for a site certificate and other permit applications for the proposed facility filed with the agency on a timeline and in a manner that enables the agency to: (1) Make recommendations to the Department of Energy and Council about compliance of the applications with the state statutes, administrative rules or ordinances administered by the agency. (2) Recommend conditions for inclusion in the site certificate that will ensure compliance with such statutes, rules and ordinances. (3) Present testimony and evidence at the contested case hearing on the site certificate. Statutory/Other Authority: ORS 469.470 & ORS 469.501 Statutes/Other Implemented: ORS 469.501, ORS 469.505, ORS 469.504 & ORS 469.503 History: EFSC 4-2025, renumbered from 345-022-0005, filed 04/10/2025, effective 04/10/2025 EFSC 1-2023, adopt filed 08/29/2023, effective 08/29/2023
345-015-0210 Draft Proposed Order (1) Following the deadline for its receipt of agency reports and final land use decisions stated under OAR 345-015-0200, the Department of Energy shall issue a draft proposed order on the application that includes its recommendation to grant with conditions or deny a site certificate for the proposed facility and a discussion of the reasons for that recommendation. The draft proposed order may include, but is not limited to: (a) Draft proposed findings of fact and conclusions of law concerning the proposed facility's compliance with all state statutes and administrative rules and ordinances applicable to the issuance of a site certificate for the proposed facility; (b) Draft proposed conditions for inclusion in the site certificate; (c) Draft proposed monitoring plans to ensure the proposed facility's continued compliance with applicable state statutes and administrative rules and ordinances; and (d) A description of the status of other applications for state permits and local government land use permits for the proposed facility. (2) If the applicant has elected to address the Council's land use standard under ORS 469.504(1)(a), the Department shall include in the draft proposed order the local government's land use decisions on the proposed facility, if available, including findings of fact, conclusions of law, and conditions. (3) If the applicant has elected to address the Council's land use standard under ORS 469.504(1)(b), the Department shall include in the draft proposed order the Department’s proposed findings of fact, conclusions of law, and proposed conditions under the applicable substantive criteria from the affected local government's acknowledged comprehensive plan and land use regulations, under the applicable statewide planning goals, or under the exception criteria set forth in ORS 469.504(2). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.370 History: EFSC 1-2007, f. & cert. ef. 5-15-07 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
345-015-0230 Council Review and the Department of Energy’s Proposed Order (1) Following the close of the record of the public hearing conducted under OAR 345-015-0220, the Energy Facility Siting Council must review the draft proposed order. In accordance with ORS 469.370(3), when the Council meets to review a draft proposed order, the Council may not permit the applicant, reviewing agencies or the public to comment on any issue that may be the basis for a contested case. (2) Following the Council's meeting to review the draft proposed order, the Department must issue a proposed order in accordance with ORS 469.370(4), taking into consideration the comments of the Council, any public comments made at a public hearing, written comments received before the close of the record of the public hearing, and agency consultation. In the proposed order, the Department must recommend either granting a site certificate with conditions or denying a site certificate for the proposed facility. (3) Following issuance of the proposed order, the Department must issue a public notice of the proposed order, subject to the following: (a) The public notice of the proposed order must include: (A) A description of the facility and the facility’s general location; (B) A summary of the recommendations included in the Proposed Order; (C) A description of the process and deadline for requests to participate as a party or limited party in the contested case under OAR 345-015-0415; (D) The date of the prehearing conference, if any; (E) The date of the hearing; and (F) The deadline for the Department and the applicant or certificate holder to respond to petitions for party status; and (b) The Department must send the notice by mail or email to: (A) All persons on the Council's general mailing list; (B) All persons on any special mailing list set up for the proposed project; (C) All persons who commented in person or in writing on the record of the public hearing conducted under OAR 345-015-0220; and (D) The property owners listed in Exhibit F of the site certificate application, as updated by the applicant upon the request of the Department. (E) The land management agency or organizations with jurisdiction over the protected areas identified in the proposed order. (4) On the same date as notice is issued under section (3) of this rule, the Department must notify the applicant that the applicant must notify the hearing officer and the Department of any issues the applicant intends to raise in the contested case proceeding by the date established in paragraph (3)(a)(C) of this rule. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.370 History: EFSC 2-2024, amend filed 10/01/2024, effective 10/01/2024 EFSC 1-2023, amend filed 08/29/2023, effective 08/29/2023 EFSC 1-2020, amend filed 01/28/2020, effective 01/28/2020 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 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
345-015-0240 The Decision-Making Record The decision-making record on an application for a site certificate includes the decision record for the Department of Energy’s proposed order and the record of the contested case proceeding. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.370 History: 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 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
345-015-0300 Request for Expedited Review of Small Capacity Facilities (1) In accordance with ORS 469.370(10), any person proposing to construct and operate an energy facility with an average electric generating capacity of less than 100 megawatts who chooses to request expedited review of an application for a site certificate shall submit to the Department of Energy a request for expedited review as described in section (2) with the fee required by the fee schedule established under ORS 469.441, payable to the Oregon Department of Energy. If the proposed energy facility has, as a related or supporting facility, a transmission line or pipeline that, by itself, is an energy facility under the definition in ORS 469.300, the proposed energy facility is not eligible for expedited review. (2) In the request for expedited review, the applicant shall include: (a) A description of the facility and the proposed site; (b) The applicant's name and address; (c) A schedule stating when the applicant expects to submit a preliminary application for a site certificate; (d) A list of all statutes, rules and ordinances applicable to the facility; (e) A statement indicating whether the applicant intends to satisfy the Council's land use standard, OAR 345-022-0030, by obtaining local land use approval pursuant to ORS 469.504(1)(a) or by seeking a Council determination pursuant to ORS 469.504(1)(b); and (f) The reason and justification for any request for exception to an analysis area as provided under section (3). (3) In an expedited review granted under this rule, the Department shall issue a project order following the applicant’s submission of a preliminary application for a site certificate. For the purposes of submitting the preliminary application, the analysis areas are the study areas as defined in OAR 345-001-0010, unless the applicant requests an exception in the request for expedited review and the Department approves the exception. The Department may, in the project order, modify the analysis areas. The Department may request additional information from the applicant, as provided in OAR 345-015-0190, before determining the application complete. Submission of the site certificate application and the Department’s review of the application in all other respects are the same for expedited review as for other site certificate applications. (4) The Council hereby grants any request for expedited review from an applicant proposing a facility meeting the definition in section (1) if the Department determines that the request satisfies the requirements of section (2). The Department shall notify the applicant of its determination. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.370 History: 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 2-2000, f. & cert. ef. 11-20-00 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
345-015-0350 Council Determination of Exemption The Council shall, upon request, determine whether a proposed facility or proposed expansion of a facility is exempt from the requirement to obtain a site certificate. A site certificate is not required for: (1) A facility for which no site certificate has been issued that, on August 2, 1993, had operable electric generating equipment for a modification that uses the same fuel type and increases electric generating capacity, if the site is not enlarged and: (a) The ability of the facility to use fuel for electricity production under peak steady state operating conditions is not more than 200 million Btu per hour (higher heating value) greater than it was on August 2, 1993; or (b) The facility expansion is called for in the short-term plan of action of an energy resource plan that has been acknowledged by the Public Utility Commission of Oregon. (2) Construction or expansion of any interstate natural gas pipeline or associated underground natural gas storage facility authorized by and subject to the continuing regulation of the Federal Energy Regulatory commission or successor agency. (3) A high efficiency cogeneration facility, as defined in OAR 345-001-0010. (4) A small generating plant or an expansion to a small generating plant, as defined in OAR 345-001-0210, if the Council finds that the accumulated effects do not have a magnitude similar to a single generating plant with an average electric generating capacity of 35 megawatts or more, as described in 345-001-0210(3). (5) An energy facility as defined in ORS 469.300(11)(a)(G), if the facility meets the requirements of 469.320(2)(f). (6) A standby generation facility as defined under ORS 469.320. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.320 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2003, f. & cert. ef. 9-3-03 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 1-2000, f. & cert. ef. 2-2-00 EFSC 4-1999(Temp), f. & cert. ef. 10-15-99 thru 4-11-00 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
345-015-0370 Consideration of Request for Exemption (1) Except as described in section (2), within 45 days after receipt of a request for exemption, the Department of Energy shall review the request for exemption for completeness and provide the requestor with either a notice of filing of the request for exemption or a request for additional information. When the Department finds the submitted request for exemption is complete, the Department shall issue a notice of filing. Within 60 days after issuing the notice of filing, the Department shall review the request, prepare a proposed order for Council action and bring the matter before the Council for action. (2) When submitting a request for exemption, the requestor shall submit the fee established by the Council as described in ORS 469.441. The requestor is liable for reimbursement of any review expenses beyond the initial fee that are incurred by the Department of Energy and Council relating to the review and decision by the Council. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.320, 469.421 & 469.441 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94
345-015-0380 Loss of Exemption (1) In accordance with ORS 469.320(6), any person operating a facility for which the Council previously granted an exemption under ORS 469.320(2)(c) and that has experienced a substantial loss of steam host resulting in a substantial loss in fuel use efficiency must submit an application for a site certificate within 12 months of the loss. (2) Any person proposing to enlarge the site of a facility previously determined to be exempt under 469.320(2)(a) must submit an application for a site certificate. (3) Any person submitting an application for a site certificate under section (1) or (2) may request expedited review as described in OAR 345-015-0300 or 345-015-0310 if the average electric generating capacity of the energy facility is less than 100 megawatts. (4) Any person operating a plant that the Council has determined exempt under OAR 345-015-0350(5) must apply for a site certificate before making any change in the operation of the plant such that the plant would no longer meet the requirements of ORS 469.320(2)(f). Statutory/Other Authority: ORS 469.373 & 469.470 Statutes/Other Implemented: ORS 469.320 History: 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 4-1999(Temp), f. & cert. ef. 10-15-99 thru 4-11-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94
345-015-0400 Governing Provisions (1) All contested case proceedings before the Council shall be conducted in accordance with OAR 137-003-0501 through 137-003-0700 (as of December 31, 2023), referred to herein as the Office of Administrative Hearing rules. (2) The rules in this Division addressing contested cases (OAR 345-015-0400 through 345-015-0475) are intended to supplement the Office of Administrative Hearing rules by providing additional procedures governing requests for and the conduct of Energy Facility Siting Council contested cases. (3) In any conflict between the Office of Administrative Hearing rules and Council rules, the Council shall apply its own rules. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 183.415, ORS 469.370, ORS 469.405 & ORS 469.440 History: EFSC 2-2024, adopt filed 10/01/2024, effective 10/01/2024