reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.409 - Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes.

Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with the carbon dioxide emissions standard applicable to the type of facility subject to the site certificate before beginning construction. Such a demonstration shall be made as an amendment to the site certificate. Notwithstanding ORS 469.405 or any council rule, if the site certificate holder proceeds pursuant to ORS 469.503 (2)(c)(A) or (C), or both, the Energy Facility Siting Council shall not conduct a contested case hearing on such amendment and the council’s order shall not be subject to judicial review. Any dispute about the site certificate holder’s demonstration of compliance with the applicable carbon dioxide emissions standard shall be settled through binding arbitration. [1997 c.428 §7]
Note:
See note under 469.407.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.410 - Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs.

(1) Any applicant for a site certificate for an energy facility shall be deemed to have met all the requirements of ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720 relating to eligibility for a site certificate and a site certificate shall be issued by the Energy Facility Siting Council for:
(a) Any transmission lines for which application has been filed with the federal government and the Public Utility Commission of Oregon prior to July 2, 1975; and
(b) Any energy facility under construction on July 2, 1975.
(2) Each applicant for a site certificate under this section shall pay the fees required by ORS 469.421 (2) to (9), if applicable, and shall execute a site certificate in which the applicant agrees:
(a) To abide by the conditions of all licenses, permits and certificates required by the State of Oregon or any subdivision in the state to operate the energy facility and issued prior to July 2, 1975; and
(b) On and after July 2, 1975, to abide by the rules of the Director of the State Department of Energy adopted pursuant to ORS 469.040 (1)(d) and rules of the council adopted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930.
(3) The council has continuing authority over the site for which the site certificate is issued and may 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 and any applicable health or safety standards.
(4) The council shall establish programs for monitoring the environmental and ecological effects of the operation and the decommissioning of energy facilities subject to site certificates issued prior to July 2, 1975, to ensure continued compliance with the terms and conditions of the site certificate and any applicable health or safety standards.
(5) Site certificates executed by the Governor under ORS 469.400 (1991 Edition) prior to July 2, 1975, shall bind successor agencies created hereunder in accordance with the terms of such site certificates. Any holder of a site certificate issued prior to July 2, 1975, shall abide by the rules of the director adopted pursuant to ORS 469.040 (1)(d) and rules of the council adopted pursuant to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. [1975 c.606 §24; 1983 c.740 §184; 1989 c.88 §5; 1993 c.569 §13; 1995 c.505 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.413 - Power generation from fossil fuels; requirements for new and amended site certificates.

Notwithstanding ORS 469.320 and 469.405, the Energy Facility Siting Council may not:
(1) Issue a site certificate for a new generating facility that produces electric power from fossil fuels, including natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material, unless the council determines that a new generating facility will generate only nonemitting electricity as defined in ORS 469A.400; or
(2) Approve the amendment of a site certificate for an energy facility described under subsection (1) of this section that was granted prior to September 25, 2021, in a manner that would significantly increase the gross carbon dioxide emissions that are reasonably likely to result from the operation of the energy facility. [2021 c.508 §28]
Note:
469.413 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 Energy’s proposals related to:
(a) Planning, policy and technical analysis;
(b) Legislative concepts; and
(c) The department’s 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:
469.426 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 453.415; 1993 c.569 §15; 1995 c.505 §16; 1999 c.385 §7; 2015 c.488 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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, 469.930 and 469.992 or rules adopted pursuant to ORS 469.525 to 469.563, 469.590 to 469.619, 469.930 and 469.992; or
(3) If the site certificate was executed prior to July 2, 1975, for violation of the provisions of ORS 469.300 to 469.520 or rules adopted pursuant to ORS 469.300 to 469.520 or for failure to comply with applicable health or safety standards. [Formerly 453.425; 1993 c.569 §16; 1995 c.505 §17; 1999 c.385 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 council’s 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 council’s 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.442 - Procedure prior to construction of transmission line in excess of 230,000 volts; review committee.

(1) Any person who proposes to construct a transmission line in excess of 230,000 volts capacity that is not otherwise under the jurisdiction of the Energy Facility Siting Council shall:
(a) Give public notice of the proposed action at least six months before beginning any process to obtain local permits required for the proposed transmission line. Notification shall be given:
(A) By publication once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which the transmission line is to be constructed; and
(B) To the governing bodies and planning directors of cities and counties which are within or partially within the project study area.
(b) Provide an opportunity for public comment on the proposed transmission line and conduct public meetings to review the proposal.
(c) Respond specifically and in writing to local concerns and recommendations regarding the proposed transmission line.
(2) The Director of the State Department of Energy shall establish a committee to include technical experts and members of the public to coordinate public review of a proposed transmission line under subsection (1) of this section when requested to do so by ordinance or resolution of the affected governing body.
(3) At the conclusion of the public review, the committee shall make a summary report to the affected governing body including public concerns and recommendations concerning the proposed transmission line.
(4) The scope of work and cost of conducting the review shall be negotiated between the State Department of Energy and the project sponsor. The negotiated cost shall be paid by the project sponsor.
(5) Subsections (1) to (4) of this section shall not apply to a person who proposes to construct transmission lines entirely within 500 feet of an existing corridor occupied by transmission lines with a capacity in excess of 230,000 volts. [1987 c.200 §2; 1993 c.569 §18]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.450 - Energy Facility Siting Council; appointment; confirmation; term; restrictions.

(1) There is established in the State Department of Energy an Energy Facility Siting Council, consisting of seven public members, who shall be appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment, but no member shall serve more than two full terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) No member of the council shall be an employee, director or retired employee or director of, or a consultant to, or have any pecuniary interest, other than an incidental interest which is disclosed and made a matter of public record at the time of the appointment to the council, in:
(a) Any corporation or utility operating or interested in establishing an energy facility in this state; or
(b) Any manufacturer of equipment related to the operation or establishment of an energy facility in this state.
(4) No member shall for two years after the expiration of the term of the member accept employment with an owner or operator of an energy facility that is subject to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.
(5) Employment of a person in violation of this section shall be grounds for revocation of any license issued by this state or an agency of this state that is held by the owner or operator of the energy facility that employs the person.
(6) The State Department of Energy shall provide clerical and staff support to the council and fund the activities of the council through fees collected under ORS 469.421. [Formerly 453.435; 1995 c.551 §12; 2013 c.656 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 453.445; 2021 c.110 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.010 and 469.310.
(3) Encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in performing the functions vested by law in the council.
(4) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the federal government and affected groups, in furtherance of the purposes of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.
(5) Consult with the Water Resources Commission on the need for power and other areas within the expertise of the council when the Water Resources Commission is determining whether to allocate water for hydroelectric development.
(6) Perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and responsibilities of the council described in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. [Formerly 453.455; 1991 c.480 §7; 1993 c.544 §5; 1993 c.569 §19; 1995 c.505 §18]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 committee’s 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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, 469.930 and 469.992 shall be adopted in the manner required by ORS chapter 183. The validity of any rule adopted by the council may be determined only upon a petition by any person to the Supreme Court. The petition must be filed within 60 days after the date the rule becomes effective under ORS 183.355. The review by the Supreme Court of the validity of any rule adopted by the council shall otherwise be according to ORS 183.400. The Supreme Court shall give priority on its docket to such a petition for review. [Formerly 453.495; 1995 c.505 §19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.619 where another agency has special expertise, consultation with the other agency shall occur during the notice of intent and site certificate application process. Any permit application for which the permitting decision has been delegated by the federal government to a state agency other than the Energy Facility Siting Council shall be reviewed, whenever feasible, simultaneously with the council’s review of the site certificate application. Any hearings required on such permit applications shall be consolidated, whenever feasible, with hearings under ORS 469.300 to 469.563 and 469.590 to 469.619.
(2) Before resolving any conflicting conditions in site certificates or amended site certificates under ORS 469.503 (3) and 469.504, the council shall notify and consult with the agencies and local governments responsible for administering the statutes, administrative rules or substantive local criteria that result in the conflicting conditions regarding potential conflict resolution. [1993 c.569 §24 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1997 c.428 §9; 1999 c.385 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 459.630; 1979 c.283 §2; 1981 c.587 §2; 2009 c.595 §953; 2021 c.38 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 453.535; 1981 c.707 §3; 1989 c.6 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 453.765; 1983 c.586 §43; 2009 c.595 §954; 2009 c.718 §49; 2021 c.539 §88a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.533. The department shall review the county procedures to determine whether they are compatible with the rules of the department. [1983 c.586 §46]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [1983 c.586 §47; 2009 c.718 §50]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [Formerly 453.545; 1989 c.6 §2; 1993 c.569 §26; 2003 c.186 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.563.
(3)(a) If the director believes there is a clear and immediate danger to public health or safety, the director shall halt the transportation or disposal of radioactive material or waste.
(b) The director shall serve an order to halt the transportation or disposal of radioactive material on the person responsible for the transport or disposal. The order may be served without prior hearing or notice.
(c) Within 24 hours after the director serves an order under paragraph (b) of this subsection, the director shall petition the appropriate circuit court for relief under ORS 469.563.
(4) The Governor, in the absence of the director, may issue orders and petition for judicial relief as provided in this section. [Formerly 453.555; 1977 c.794 §16; 1989 c.6 §3; 2003 c.186 §32]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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, 469.360, 469.370, 469.375, 469.401 and 469.403, for energy facilities. The council is authorized to assess fees in accordance with ORS 469.421 in connection with site certificates applied for or issued under this section. [1979 c.283 §7; 1987 c.633 §1; 1993 c.569 §27; 1995 c.505 §25]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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. [1979 c.283 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to Title II of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604, and perform or cause to be performed any and all acts necessary to be performed by the state, including the acquisition by condemnation or otherwise, retention and disposition of land or interests therein, in order to implement that Act and rules, standards and guidelines adopted pursuant thereto. The Energy Facility Siting Council may adopt, amend or repeal rules in accordance with ORS chapter 183 and may receive and disburse funds in connection with the implementation and administration of this section.
(2) The Energy Facility Siting Council and the State Department of Energy may enter into and carry out cooperative agreements and arrangements with any agency of the federal government implementing the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. section 9601 et seq., to clean up wastes and contaminated material, including overburden, created by uranium mining before June 29, 1989. Any such project need not obtain a site certificate from the council, but shall nevertheless comply with all applicable, relevant or appropriate state standards including but not limited to those set forth in ORS 469.375 and rules adopted by the council and other state agencies to implement such standards.
(3) The Governor may do any and all things necessary to implement the requirements of the federal Acts referred to in subsections (1) and (2) of this section.
(4) Notwithstanding ORS 469.553, after June 25, 1979, no site certificate is required for the cleanup and disposal of an inactive or abandoned uranium mill tailings site as authorized under subsection (1) of this section and Title I of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604. [1979 c.283 §9; 1987 c.633 §2; 1989 c.496 §1; 2009 c.595 §955]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 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, 469.590 to 469.619, 469.930 and 469.992 shall be made available for public inspection and copying during regular office hours of the State Department of Energy at the expense of any person requesting copies.
(2) Any information, other than that relating to the public safety, relating to secret process, device, or method of manufacturing or production obtained in the course of inspection, investigation or activities under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall be kept confidential and shall not be made a part of public record of any hearing. [Formerly 453.565]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.561 - Property insurance required; exceptions; filing of policy.

(1) A person owning and operating a nuclear power plant in this state under a license issued by the United States Nuclear Regulatory Commission or under a site certificate issued under ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 shall obtain and maintain property insurance in the maximum insurable amount available for each nuclear incident occurring within this state, as required by this section. The insurance shall cover property damage occurring within a nuclear plant and its related or supporting facilities as a result of the nuclear incident.
(2) Insurance required under this section does not apply to:
(a) Any claim of an employee of a person obtaining insurance under this section, if the claim is made under a state or federal workers’ compensation Act and if the employee is employed at the site of and in connection with the nuclear power plant at which the nuclear incident occurred; or
(b) Any claim arising out of an act of war.
(3) A person obtaining insurance under this section shall maintain insurance for the term of the license issued to the nuclear power plant by the United States Nuclear Regulatory Commission and for any extension of the term, and until all radioactive material has been removed from the nuclear power plant and transportation of the radioactive material from the nuclear power plant has ended.
(4) A person obtaining insurance under this section shall file a copy of the insurance policy, any amendment to the policy and any superseding insurance policy with the Director of the State Department of Energy.
(5) Property insurance required under this section is in addition to and not in lieu of insurance coverage provided under the Price-Anderson Act (42 U.S.C. 2210).
(6) Property insurance required by subsections (1) to (5) of this section may include private insurance, self-insurance, utility industry association self-assurance pooling programs, or a combination of all three.
(7) A person may fulfill the requirements for an insurance policy under subsections (1) to (5) of this section by obtaining policies of one or more insurance carriers if the policies together meet the requirements of subsections (1) to (5) of this section. [Formerly 469.565]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.562 - Eligible insurers.

(1) In order to provide the private insurance specified under ORS 469.561, an insurer must be authorized to provide or transact insurance in this state.
(2) An insurer providing property insurance required under ORS 469.561 (1) to (5) may obtain reinsurance as defined in ORS 731.126. [Formerly 469.567]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.563 - Court orders for enforcement.

Without prior administrative proceedings, a circuit court may issue such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with ORS 469.320, 469.405 (3), 469.410, 469.421, 469.430, 469.440, 469.442, 469.507, 469.525 to 469.559, 469.560, 469.561, 469.562, 469.590 to 469.619, 469.930 and 469.992 or with the terms and conditions of a site certificate. [Formerly 469.570; 1999 c.385 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.566 - Legislative findings.

(1) The Legislative Assembly finds and declares that Oregon is not assured that the United States Department of Energy will:
(a) Consider the unique features of Oregon and the needs of the people of Oregon when assessing the Hanford Nuclear Reservation as a potentially suitable location for the long-term disposal of high-level radioactive waste; or
(b) Ensure adequate opportunity for public participation in the assessment process.
(2) Over the past 45 years, the United States has developed and produced nuclear weapons at the Hanford Nuclear Reservation and during this period large quantities of radioactive hazardous and chemical wastes have accumulated at the Hanford Nuclear Reservation, and the waste sites pose an immediate and serious long-term threat to the environment and to public health and safety.
(3) Therefore, the Legislative Assembly declares that it is in the best interests of the State of Oregon to establish an Oregon Hanford Cleanup Board to serve as a focus for the State of Oregon in the development of a state policy to be presented to the federal government, to ensure a maximum of public participation in the assessment and cleanup process. [1987 c.514 §1; 1991 c.562 §3; 2001 c.104 §204; 2003 c.186 §33]
Note:
469.566 to 469.583 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.568 - Construction of ORS 469.566 to 469.583.

Nothing in ORS 469.566 to 469.583 shall be interpreted by the federal government or the United States Department of Energy as an expression by the people of Oregon to accept the Hanford Nuclear Reservation as the site for the long-term disposal of high-level radioactive waste. [1987 c.514 §2; 2001 c.104 §205]
Note:
See note under 469.566.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.569 - Definitions for ORS 469.566 to 469.583.

As used in ORS 469.566 to 469.583:
(1) "Board" means the Oregon Hanford Cleanup Board.
(2) "High-level radioactive waste" means fuel or fission products from a commercial nuclear reactor after irradiation that is packaged and prepared for disposal.
(3) "United States Department of Energy" means the federal Department of Energy established under 42 U.S.C.A. 7131 or any successor agency assigned responsibility for the long-term disposal of high-level radioactive waste. [1987 c.514 §3; 2003 c.186 §34]
Note:
See note under 469.566.