Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 15 - PROCEDURES GOVERNING COUNCIL AND DEPARTMENT OF ENERGY PROCEEDINGS, INCLUDING SITE CERTIFICATE HEARINGS › Section 345-015-0085 - Hearing Officer's Proposed Contested Case Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing officer shall allow any
			 party, including any limited party, to propose site certificate conditions that
			 the party believes are necessary or appropriate to implement the policy of ORS
			 469.310 or to meet the
			 requirements of any other applicable statute, administrative rule or local
			 government ordinance. Parties shall submit proposed site certificate conditions
			 to the hearing officer in writing according to a schedule set by the hearing
			 officer.
(2) In a contested case
			 proceeding on an application for a site certificate or on a proposed site
			 certificate amendment, any party or limited party may present evidence relating
			 to the appropriateness, scope or wording of any other party's proposed site
			 certificate conditions and may present written proposed findings of fact,
			 briefs and other argument concerning proposed conditions.
(3) After the hearing in a contested case
			 proceeding on an application for a site certificate or on a proposed site
			 certificate amendment, the hearing officer shall issue a proposed contested
			 case order stating the hearing officer's findings of fact, conclusions of law,
			 and recommended site certificate conditions on the issues in the contested
			 case. The hearing officer shall serve the proposed order on all parties and
			 limited parties. In the proposed order, the hearing officer shall include
			 recommended resolutions of objections to the local land use record, if any. The
			 hearing officer's recommendations are part of the decision record for the
			 application but are not part of the Council's order.
(4) After the hearing in a contested case
			 proceeding on any matter other than an application for a site certificate or
			 proposed site certificate amendment, the hearing officer shall issue a proposed
			 order stating the hearing officer's findings of fact and conclusions of law.
			 The hearing officer shall serve the proposed order on all parties and limited
			 parties.
(5) Parties and limited
			 parties may file exceptions to the proposed order within the time set by the
			 hearing officer, not to exceed 30 days after the hearing officer issues the
			 proposed order. A party filing exceptions shall serve a copy of the exceptions
			 on all other parties and limited parties. In an exception, the party shall
			 specifically identify the finding of fact, conclusion of law or, in contested
			 case proceedings on an application for a site certificate or a proposed site
			 certificate amendment, recommended site certificate condition to which the
			 party excepts and shall state the basis for the exception.
(6) Parties and limited parties may file
			 responses to exceptions within the time set by the hearing officer, not to
			 exceed 15 days after the time set for filing exceptions. A party filing
			 responses to exceptions shall serve a copy of the responses to exceptions on
			 all other parties and limited parties.
(7) After the period for filing responses to
			 exceptions, the Council shall issue a final order. The Council may adopt,
			 modify or reject the hearing officer's proposed order.
(8) Following a contested case proceeding on
			 an application for a site certificate, the Council, in its final order, shall
			 either grant or deny issuance of a site certificate. If the Council grants
			 issuance of a site certificate, the Council shall issue a site certificate. The
			 site certificate becomes effective upon execution by the Council and by the
			 applicant. However, for purposes of identification, the Department may refer to
			 a site certificate by the date of the Council action.
(9) Following a contested case proceeding on
			 a proposed site certificate amendment, the Council, in its final order, shall
			 either grant or deny issuance of an amended site certificate. If the Council
			 grants issuance of an amended site certificate, the Council shall issue an
			 amended site certificate. The amended site certificate becomes effective upon
			 execution by the Council and by the applicant. However, for purposes of
			 identification, the Department may refer to a site certificate by the date of
			 the Council action.
(10) The
			 Council shall issue a site certificate or amended site certificate in duplicate
			 counterpart originals and each counterpart, upon signing, will have the same
			 effect.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415,
				  469.370,
				  469.405,
				  469.440,
				  469.605,
				  469.615 &
				  469.992