justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 469 — Energy; Conservation

ORS 469.426. Advisory group; energy resource suppliers. (1) The Director of the State Department of Energy shall convene an advisory work group composed of stakeholders representing energy resource suppliers, the customers who ultimately pay for the energy supplier assessment imposed under ORS 469.421 (8) through their energy bills and other groups that have an interest in the provision and regulation of energy in this state. (2) The advisory work group shall review and make recommendations on the State Department of Energys proposals related to: (a) Planning, policy and technical analysis; (b) Legislative concepts; and (c) The departments requested budget. (3) The work group shall meet at least two times per year at the call of the director. [2013 c.656 3] Note:
ORS Chapter 469 — Energy; Conservation

ORS 469.430. Site inspections; compliance reviews. (1) The Energy Facility Siting Council has continuing authority over the site for which the site certificate is issued, including but not limited to the authority to: (a) Inspect, or direct the State Department of Energy to inspect, or request another state agency or local government to inspect, the site at any time in order to ensure that the facility is being operated consistently with the terms and conditions of the site certificate or any order issued by the department under ORS 469.405 (3); and (b) Periodically review documents, reports and other materials, or direct the State Department of Energy or request another state agency or local government to review documents, reports or other materials, to ensure that the facility continues to comply with all terms and conditions of the site certificate or any order issued by the department under ORS 469.405 (3). (2) The council shall avoid duplication of effort with site inspections and compliance reviews by other state and federal agencies and local governments that have issued permits or licenses for the facility. (3) If the council requests that another state agency or local government conduct a site inspection or compliance review under this section, the council may compensate that state agency or local government for expenses related to the site inspection or compliance review.
ORS Chapter 469 — Energy; Conservation

ORS 469.440. Grounds for revocation or suspension of certificates. Pursuant to the procedures for contested cases in ORS chapter 183, a site certificate or an amended site certificate may be revoked or suspended: (1) For failure to comply with the terms or conditions of the site certificate or amended site certificate; (2) For violation of the provisions of ORS 469.525 to 469.563, 469.590 to 469.619,
ORS Chapter 469 — Energy; Conservation

ORS 469.441. Justification of fees charged; judicial review. (1) All expenses incurred by the Energy Facility Siting Council and the State Department of Energy under ORS 469.360 and 469.421 that are charged to or allocated to the fee paid by an applicant or the holder of a site certificate shall be necessary, just and reasonable. Upon request, the department or the council shall provide a detailed justification for all charges to the applicant or site certificate holder. Not later than January 1 of each odd-numbered year, the council by order shall establish a schedule of fees which those persons submitting a notice of intent, a request for an exemption, a request for a pipeline described in ORS 469.405 (3) or a request for an expedited review must submit under ORS 469.421 prior to submitting the notice of intent, request for exemption, request for pipeline or request for expedited review. The fee schedule shall be designed to recover the councils actual costs of evaluating the notice of intent, request for exemption, request for pipeline or request for expedited review subject to any applicable expenditure limitation in the councils budget. Fees shall be based upon actual, historical costs incurred by the council and department to the extent historical costs are available. The fees established by the schedule shall reflect the size and complexity of the project for which a notice of intent, request for exemption, request for pipeline or request for expedited review is submitted, whether the notice of intent, request for exemption, request for pipeline or request for expedited review is for a new or existing facility and other appropriate variables having an effect on the expense of evaluation. (2) If a dispute arises regarding the necessity or reasonableness of expenses charged to or allocated to the fee paid by an applicant or site certificate holder, the applicant or holder may seek judicial review for the amount of expenses charged or allocated in circuit court as provided in ORS 183.480, 183.484, 183.490 and 183.500. If the applicant or holder establishes that any of the charges or allocations are unnecessary or unreasonable, the council or the department shall refund the amount found to be unnecessary or unreasonable. The applicant or holder shall not waive the right to judicial review by paying the portion of the fee or expense in dispute. [1989 c.88 8; 1993 c.569 17; 1999 c.385 9; 2015 c.488 4] (High Voltage Transmission Lines)
ORS Chapter 469 — Energy; Conservation

ORS 469.445. [1987 c.200 3; repealed by 1993 c.569 31] (Administration)
ORS Chapter 469 — Energy; Conservation

ORS 469.460. Officers; meetings; compensation and expenses. (1) The Energy Facility Siting Council shall annually elect from among its members a chairperson and vice chairperson with such powers and duties as the council imposes in accordance with ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. The council may meet as often as it requires at a time and place determined by the council. A majority of the members of the council constitutes a quorum. The Governor or the chairperson of the council may call a special meeting, to be held at any place in this state designated by the person calling the meeting, upon 24 hours notice to each member and to the public. (2) Council members shall be entitled to compensation and expenses as provided in ORS 292.495.
ORS Chapter 469 — Energy; Conservation

ORS 469.470. Powers and duties; rules. The Energy Facility Siting Council shall: (1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection. (2) In accordance with the applicable provisions of ORS chapter 183, and subject to the provisions of ORS 469.501 (3), adopt standards and rules to perform the functions vested by law in the council including the adoption of standards and rules for the siting of energy facilities pursuant to ORS 469.501, and implementation of the energy policy of the State of Oregon set forth in ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.480. Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules. (1) The Energy Facility Siting Council shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility is proposed to be located. (2) In addition to advisory groups required by subsection (1) of this section the council may establish such special advisory groups as are considered necessary. Such advisory groups shall include membership as determined by the council to represent interests and disciplines as needed to carry out the responsibility assigned to such advisory groups, which shall report findings, recommendations and decisions to the council. (3) Subject to applicable laws regulating travel and other expenses of state officers and employees, members of any advisory committee appointed under subsection (1) of this section shall receive no compensation but may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. (4) The council by rule shall form an Electric and Magnetic Field Committee which shall meet at the call of the council chair. The committee shall include representatives of the public, utilities, manufacturers and state agencies. The committee shall monitor information being developed on electric and magnetic fields and report the committees findings to the council. The council shall report the findings of the Electric and Magnetic Field Committee to the Legislative Assembly. [Formerly 453.475; 1991 c.491 1; 1993 c.569 20; 1995 c.551 17] (Rules; Standards; Compliance)
ORS Chapter 469 — Energy; Conservation

ORS 469.490. Adoption of rules; determination of validity. All rules adopted by the Energy Facility Siting Council pursuant to ORS 469.300 to 469.563, 469.590 to 469.619,
ORS Chapter 469 — Energy; Conservation

ORS 469.500. [Formerly 453.505; repealed by 1993 c.569 21 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510)]
ORS Chapter 469 — Energy; Conservation

ORS 469.505. Consultation with other agencies. (1) In making a determination regarding compliance with statutes, rules and ordinances administered by another agency or compliance with requirements of ORS 469.300 to 469.563 and 469.590 to
ORS Chapter 469 — Energy; Conservation

ORS 469.507. Monitoring environmental and ecological effects of construction and operation of energy facilities. (1) The site certificate holder shall establish programs for monitoring the environmental and ecological effects of the construction and operation of facilities subject to site certificates to assure continued compliance with the terms and conditions of the certificate. The programs shall be subject to review and approval by the Energy Facility Siting Council. (2) The site certificate holder shall perform the testing and sampling necessary for the monitoring program or require the operator of the plant to perform the necessary testing or sampling pursuant to guidelines established by the Energy Facility Siting Council or its designee. The council and the Director of the State Department of Energy shall have access to operating logs, records and reprints of the certificate holder, including those required by federal agencies. (3) The monitoring program may be conducted in cooperation with any federally operated program if the information available from the federal program is acceptable to the council, but no federal program shall be substituted totally for monitoring supervised by the council or its designee. (4) The monitoring program shall include monitoring of the transportation process for all radioactive material removed from any nuclear fueled thermal power plant or nuclear installation. [1993 c.569 25 (469.501, 469.503, 469.505 and
ORS Chapter 469 — Energy; Conservation

ORS 469.520. Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development. (1) Each state agency and political subdivision in this state that is concerned with energy facilities shall inform the State Department of Energy, promptly of its activities and programs relating to energy and radiation. (2) Each state agency proposing to adopt, amend or rescind a rule relating to energy facility development first shall file a copy of its proposal with the council, which may order such changes as it considers necessary to conform to state policy as stated in ORS 469.010 and 469.310. (3) The effective date of a rule relating to energy facility development, or an amendment or rescission thereof, shall not be sooner than 10 days subsequent to the filing of a copy of such proposal with the council. [Formerly 453.525] (Plant Operations; Radioactive Wastes)
ORS Chapter 469 — Energy; Conservation

ORS 469.525. Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities; exceptions; rules. (1) Notwithstanding any other provision of this chapter, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state and no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except as follows: (a) Wastes generated before June 1, 1981, through industrial or manufacturing processes which contain only naturally occurring radioactive isotopes which are disposed of at sites approved by the Energy Facility Siting Council in accordance with ORS 469.375. (b) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses shall be disposed of or treated at a hazardous waste disposal facility licensed by the Department of Environmental Quality and in a manner consistent with rules adopted by the Department of Environmental Quality after consultation with and approval by the Oregon Health Authority. (c) Maintenance of radioactive coal ash at the site of a thermal power plant for which a site certificate has been issued pursuant to this chapter shall not constitute operation of a waste disposal facility so long as such coal ash is maintained in accordance with the terms of the site certificate as amended from time to time as necessary to protect the public health and safety. (2) The Energy Facility Siting Council shall, in accordance with the applicable provisions of ORS chapter 183, adopt standards and rules as necessary to prevent the disposal of radioactive waste within this state. (3) For purposes of this section, disposal does not include the temporary storage of: (a) Radioactive waste used or generated pursuant to a license granted under ORS 453.635; (b) Radioactive waste from a nuclear-fueled thermal power plant for which a site certificate has been issued pursuant to this chapter, on the site of that plant, until a permanent storage site is made available by the federal government; or (c) Radioactive waste from a reactor for which a site certificate has been issued pursuant to this chapter that is operated by a college, university or graduate center for research purposes and is not connected to the Northwest Power Grid.
ORS Chapter 469 — Energy; Conservation

ORS 469.530. Review and approval of security programs. The Energy Facility Siting Council and the Director of the State Department of Energy shall review and approve all security programs attendant to a nuclear-fueled thermal power plant, a nuclear installation and the transportation of radioactive material derived from or destined for a nuclear-fueled thermal power plant or a nuclear installation. The council shall provide reasonable public notice of a meeting of the council held for purposes of such review and approval.
ORS Chapter 469 — Energy; Conservation

ORS 469.533. State Department of Energy rules for health protection and evacuation procedures in nuclear emergency. Notwithstanding ORS chapter 401, the State Department of Energy in cooperation with the Oregon Health Authority and the Oregon Department of Emergency Management shall establish rules for the protection of health and procedures for the evacuation of people and communities who would be affected by radiation in the event of an accident or a catastrophe in the operation of a nuclear power plant or nuclear installation.
ORS Chapter 469 — Energy; Conservation

ORS 469.534. County procedures. Each county in this state that has a nuclear-fueled thermal power plant located within county boundaries and each county within this state that has any portion of its area located within 50 miles of a site within this state of a nuclear-fueled thermal power plant shall develop written procedures that are compatible with the rules adopted by the State Department of Energy under ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.535. Governor may assume control of emergency operations during nuclear accident or catastrophe. Notwithstanding ORS chapter 401, when an emergency exists because of an accident or catastrophe in the operation of a nuclear power plant or nuclear installation or in the transportation of radioactive material, the Governor, for the duration of the emergency, may: (1) Assume complete control of all emergency operations in the area affected by the accident or catastrophe, direct all rescue and salvage work and do all things deemed advisable and necessary to alleviate the immediate conditions. (2) Assume control of all police and law enforcement activities in such area, including the activities of all local police and peace officers. (3) Close all roads and highways in such area to traffic or by order of the Director of the State Department of Energy limit the travel on such roads to such extent as the director deems necessary and expedient. (4) Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with other agencies engaged in emergency work. (5) Require the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area.
ORS Chapter 469 — Energy; Conservation

ORS 469.536. Public utility to disseminate information under ORS 469.533. A public utility which operates a nuclear power plant or nuclear installation shall disseminate to the governing bodies of cities and counties that may be affected information approved by the State Department of Energy which explains rules or procedures adopted under ORS 469.533. [Formerly 453.770]
ORS Chapter 469 — Energy; Conservation

ORS 469.540. Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials. (1) In instances where the Director of the State Department of Energy determines either from the monitoring or surveillance of the director that there is danger of violation of a safety standard adopted under ORS 469.501 from the continued operation of a plant or installation, the director may order temporary reductions or curtailment of operations until such time as proper safety precautions can be taken. (2) An order of reduction or curtailment shall be entered only after notice to the thermal power plant or installation and only after a reasonable time, considering the extent of the danger, has been allowed for repairs or other alterations that would bring the plant or installation into conformity with applicable safety standards. (3) The director may order compliance or impose other safety conditions on the transport or disposal of radioactive materials or wastes if the director believes that ORS 469.300 to 469.619 and 469.930 or rules adopted pursuant thereto are being violated or are in danger of being violated.
ORS Chapter 469 — Energy; Conservation

ORS 469.550. Order for halt of plant operations or activities with radioactive material; notice. (1) Whenever in the judgment of the Director of the State Department of Energy from the results of monitoring or surveillance of operation of any nuclear-fueled thermal power plant or nuclear installation or based upon information from the Energy Facility Siting Council there is cause to believe that there is clear and immediate danger to the public health and safety from continued operation of the plant or installation, the director shall, in cooperation with appropriate state and federal agencies, without hearing or prior notice, order the operation of the plant halted by service of the order on the plant superintendent or other person charged with the operation thereof. Within 24 hours after such order, the director must appear in the appropriate circuit court to petition for the relief afforded under ORS 469.563 and may commence proceedings for revocation of the site certificate if grounds therefor exist. (2) Whenever, in the judgment of the director based upon monitoring or surveillance by the director, or based upon information from the council, there is cause to believe that there is clear and immediate danger to the public health and safety from the accumulation or storage of radioactive material located at a nuclear-fueled thermal power plant or a nuclear installation, the director shall in cooperation with appropriate state and federal agencies, without hearing or prior notice, order such accumulation, storage, disposal or transportation halted or immediately impose safety precautions by service of the order on the officer responsible for the accumulation, storage, disposal or transportation. Within 24 hours after such an order, the director must appear in the appropriate circuit court to petition for the relief afforded under ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.553. Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees. (1) Any person desiring to construct or operate an active uranium mill or uranium mill tailings disposal facility after June 25, 1979, shall file with the Energy Facility Siting Council a site certificate application. (2) The Energy Facility Siting Council shall review an application for a site certificate under this section using the procedure prescribed in ORS 469.350,
ORS Chapter 469 — Energy; Conservation

ORS 469.556. Rules governing uranium-related activities. The Energy Facility Siting Council shall adopt rules governing the location, construction and operation of uranium mills and uranium mill tailings disposal facilities and the treatment, storage and disposal of uranium mine overburden for the protection of the public health and safety and the environment.
ORS Chapter 469 — Energy; Conservation

ORS 469.559. Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site. (1) Notwithstanding the authority of the Oregon Health Authority pursuant to ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS
ORS Chapter 469 — Energy; Conservation

ORS 469.560. Records; public inspection; confidential information. (1) Except as provided in subsection (2) of this section and ORS 192.338, 192.345 and 192.355, any information filed or submitted pursuant to ORS 469.300 to 469.563,