reglab/statecodes huggingface dataset:
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 345-015-0240 - The Decision-Making Record

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.370
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 345-015-0300 - Request for Expedited Review of Small Capacity Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
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 345-015-0310 - Request for Expedited Review of Special Criteria Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who
			 proposes to construct and operate a special criteria facility, as defined in
			 section (2), and who chooses to request expedited review of an application for
			 a site certificate must submit to the Department a request for expedited review
			 as described in section (3) with the fee required by the fee schedule
			 established under ORS
			 469.441, payable to the Oregon
			 Department of Energy.
(2) "Special
			 criteria facility" means a facility that meets the criteria stated in ORS
			 469.373(1).
(3) In the request for expedited review, the
			 applicant must provide documentation that the proposed facility is a special
			 criteria facility, as defined in section (2), and:
(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 an application for a site
			 certificate; and
(d) A list of all
			 statutes, rules and ordinances applicable to the facility;
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 345-015-0320 - Public Hearing Procedures for Special Criteria Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Council
			 shall appoint a hearing officer to conduct the public hearing described in OAR
			 345-015-0310(22). The Council may appoint a Council member, an employee of the
			 Department of Energy or other person.
(2) The duties of the hearing officer are to:
(a) Ensure a full, fair and impartial
			 hearing.
(b) Facilitate
			 presentation of evidence.
(c)
			 Comply with statutory time limits on Council decisions.
(d) Maintain order.
(e) Assist the Council in making its
			 decision.
(f) Prepare a summary of
			 the evidence presented on the record of the public hearing addressing the
			 factual and legal issues raised in the hearing, including findings related to
			 the credibility of witnesses, as necessary. The hearing officer shall submit
			 the summary and the record of the hearing to the Council within 7 days after
			 the close of the record.
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 345-015-0350 - Council Determination of Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 345-015-0360 - Contents of Request for Exemption for a Standby Generator

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Except as noted in (8), any person wishing to construct and
				operate a facility exempt from Council jurisdiction shall submit a request for
				exemption to the Department of Energy before beginning construction. A person
				shall not construct or expand a facility as defined in OAR 345-001-0010  unless
				the Council has granted an exemption as described in 345-015-0370  or has issued
				a site certificate or an amendment to an existing site certificate.
(2)  In a request for an exemption under OAR 345-015-0350(1)(a)
 
				for a modification of a facility for which no site certificate has been issued
				that will not increase the ability of the facility to use fuel for electricity
				production under peak steady state operating conditions to more than 200
				million Btu per hour (higher heating value) greater than it was on August 2,
				1993, the person shall provide the following information in support of the
				request:
(a)  A detailed description of the proposed upgrade or
				expansion;
(b)  The proposed and current facility fuel use;
(c)  The proposed and current nominal electric generating
				capacity;
(d)  The proposed and current related or supporting facilities
				and site boundary;
(e)  The proposed and current heat rate; and
(f)  Verification that the facility had operable electric
				generating equipment on August 2, 1993.
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 345-015-0370 - Consideration of Request for Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.320,
				  469.421 &
				  469.441
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 345-015-0380 - Loss of Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS
				  469.373 &
				  469.470
Stats. Implemented: ORS
				  469.320
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 345-015-0500 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation;
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 20 - NOTICE OF INTENT › Section 345-020-0006 - Submission of a Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the notice of intent (NOI)
			 is to notify the Department of Energy and the Council of a proposed facility
			 and to provide information about the site and the characteristics of the
			 facility sufficient for the preparation of the project order described in OAR
			 345-015-0160. Any person who intends to apply for a site certificate for a
			 facility shall submit an NOI to the Department with the fee required by the fee
			 schedule established under ORS
			 469.441, payable to the Oregon
			 Department of Energy.
(2) The
			 applicant must submit, to the Department, two printed copies of the NOI, and an
			 electronic version of the NOI in a non-copy-protected format acceptable to the
			 Department. The applicant must submit additional printed copies of the NOI to
			 the Department upon request. The applicant must prepare and distribute
			 additional copies of the NOI as directed by the Department.
(3) Notwithstanding sections (1) and (2), an
			 applicant granted expedited review under OAR 345-015-0300  or 345-015-0310  need
			 not submit an NOI.
Statutory/Other Authority: ORS
				  469.370 & 469.470
Statutes/Other Implemented: ORS
				  469.330
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 20 - NOTICE OF INTENT › Section 345-020-0016 - Amendment of Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant may amend the notice of
			 intent (NOI). The applicant must submit, to the Department, two printed copies
			 of the amended NOI, and an electronic version of the amended NOI in a
			 non-copy-protected format acceptable to the Department. The applicant must
			 provide a printed copy of all or part of the amended NOI to any person on the
			 distribution list as directed by the Department.
(2) Submission of an amended NOI does not
			 extend the expiration date of the NOI. The applicant, however, may petition the
			 Council to extend the duration of the NOI as provided in OAR
			 345-020-0060.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.330
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 20 - NOTICE OF INTENT › Section 345-020-0060 - Expiration of a Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notice of intent (NOI) expires two
			 years after the applicant submits the NOI unless, not less than 45 days before
			 the expiration date, the applicant submits a petition to the Council to extend
			 the expiration date. If the Council finds that the petition shows good cause,
			 the Council may extend the expiration date for a period of up to one year. The
			 applicant's submission of a timely petition for an extension under this rule
			 stays the expiration of the NOI until the Council's decision to grant or deny
			 the extension.
(2) If the applicant
			 does not submit an application for a site certificate for the facility
			 described in an NOI before the expiration of the NOI or any extension period
			 granted by the Council, the applicant must submit a new NOI to satisfy ORS
			 469.330.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.330
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 21 - APPLICATION FOR A SITE CERTIFICATE › Section 345-021-0020 - Specific Application Requirements for Siting of Surface Facilities Related to Underground Gas Storage Reservoirs

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements of OAR 345-021-0010, in an
				application for a site certificate for a surface facility related to an
				underground storage reservoir, the applicant shall include the following
				information:
(1) The design rates of
			 natural or synthetic gas injection or withdrawal;
(2) The compression horsepower required to
			 operate at design injection or withdrawal rates;
(3) The fuel type of the
			 compressor;
(4) The estimated
			 carbon dioxide emissions from the compressor for the projected life of the
			 facility; and
(5) The proposed
			 location of all wells.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.350 &
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 21 - APPLICATION FOR A SITE CERTIFICATE › Section 345-021-0021 - Specific Application Requirements for Facilities that Emit Carbon Dioxide

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements of OAR 345-021-0010, in an application for a site certificate for a fossil-fueled power plant, or other facility that will emit carbon dioxide into the atmosphere, the application must include the following:
(1) A description of the means by which the applicant will comply with the applicable carbon dioxide emissions standard under OAR 345-024-0500.
(2) Information about the carbon dioxide emissions that are reasonable likely to result from the operation of the energy facility, including the following:
(a) The maximum hourly fuel use at:
(A) Net electrical power output at average annual conditions for a base load gas plant; or
(B) Nominal electric generating capacity for a non-base load power plant or a base load gas plant with power augmentation technologies;
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 21 - APPLICATION FOR A SITE CERTIFICATE › Section 345-021-0055

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.373  & 469.470
Statutes/Other Implemented: ORS
				  469.350
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 21 - APPLICATION FOR A SITE CERTIFICATE › Section 345-021-0090 - Amendment of an Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the applicant is preparing to submit
			 an amended application, the applicant must notify the Department.
(2) The applicant may amend a preliminary
			 application at any time.
(3) If the
			 applicant submits an amended application after the date of filing as determined
			 under OAR 345-015-0190  or 345-015-0310, the Department may withdraw the filing
			 of the application until the Department has reviewed the amended application
			 for completeness as described under OAR 345-015-0190  or 345-015-0310.
(4) If the applicant submits an amended
			 application after issuance of a contested case notice under OAR 345-015-0014,
			 the Department may, by motion, request that the contested case proceeding be
			 terminated and the Council's hearing officer may issue an order terminating the
			 proceeding. Upon issuance of the order, the Department may withdraw the filing
			 of the application until the Department has reviewed the amended application
			 for completeness as described under OAR 345-015-0190  or 345-015-0310.
(5) The applicant must submit, to the
			 Department, two printed copies of the amended application, and an electronic
			 version of the amended application in a non-copy-protected format acceptable to
			 the Department. The applicant must provide additional printed copies of the
			 amended application to the Department upon request. The applicant must prepare
			 and distribute additional copies of the amended application in the manner
			 described in OAR 345-015-0180.
Statutory/Other Authority: ORS
				  469.373 & 469.470
Statutes/Other Implemented: ORS
				  469.350
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 21 - APPLICATION FOR A SITE CERTIFICATE › Section 345-021-0100 - Contested Case Proceeding on the Application - Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the
			 issuance of a notice of contested case as described in OAR 345-015-0230, the
			 hearing officer shall conduct a contested case proceeding on the application
			 according to the provisions of OAR chapter 345, division 15.
(2) The applicant has the burden of proving,
			 by a preponderance of the evidence in the decision record, that the facility
			 complies with all applicable statutes, administrative rules and applicable
			 local government ordinances.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.370
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0000 - General Standard of Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To issue a site certificate for a
			 proposed facility or to amend a site certificate, the Council shall determine
			 that the preponderance of evidence on the record supports the following
			 conclusions:
(a) The facility complies with
			 the requirements of the Oregon Energy Facility Siting statutes, ORS
			 469.300 to
			 469.570 and
			 469.590 to
			 469.619, and the standards
			 adopted by the Council pursuant to
			 469.501 or the overall public
			 benefits of the facility outweigh any adverse effects on a resource or interest
			 protected by the applicable standards the facility does not meet as described
			 in section (2);
(b) Except as
			 provided in OAR 345-022-0030  for land use compliance and except for those
			 statutes and rules for which the decision on compliance has been delegated by
			 the federal government to a state agency other than the Council, the facility
			 complies with all other Oregon statutes and administrative rules identified in
			 the project order, as amended, as applicable to the issuance of a site
			 certificate for the proposed facility. If the Council finds that applicable
			 Oregon statutes and rules, other than those involving federally delegated
			 programs, would impose conflicting requirements, the Council shall resolve the
			 conflict consistent with the public interest. In resolving the conflict, the
			 Council cannot waive any applicable state statute.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0005 - Agency Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
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
				  469.503, ORS
				  469.504 & ORS
				  469.505
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0010 - Organizational Expertise

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 issue a site certificate, the Council must find that the applicant has the
			 organizational expertise to construct, operate and retire the proposed facility
			 in compliance with Council standards and conditions of the site certificate. To
			 conclude that the applicant has this expertise, the Council must find that the
			 applicant has demonstrated the ability to design, construct and operate the
			 proposed facility in compliance with site certificate conditions and in a
			 manner that protects public health and safety and has demonstrated the ability
			 to restore the site to a useful, non-hazardous condition. The Council may
			 consider the applicant's experience, the applicant's access to technical
			 expertise and the applicant's past performance in constructing, operating and
			 retiring other facilities, including, but not limited to, the number and
			 severity of regulatory citations issued to the applicant.
(2) The Council may base its findings under
			 section (1) on a rebuttable presumption that an applicant has organizational,
			 managerial and technical expertise, if the applicant has an ISO 9000 or ISO
			 14000 certified program and proposes to design, construct and operate the
			 facility according to that program.
(3) If the applicant does not itself obtain a
			 state or local government permit or approval for which the Council would
			 ordinarily determine compliance but instead relies on a permit or approval
			 issued to a third party, the Council, to issue a site certificate, must find
			 that the third party has, or has a reasonable likelihood of obtaining, the
			 necessary permit or approval, and that the applicant has, or has a reasonable
			 likelihood of entering into, a contractual or other arrangement with the third
			 party for access to the resource or service secured by that permit or
			 approval.
(4) If the applicant
			 relies on a permit or approval issued to a third party and the third party does
			 not have the necessary permit or approval at the time the Council issues the
			 site certificate, the Council may issue the site certificate subject to the
			 condition that the certificate holder shall not commence construction or
			 operation as appropriate until the third party has obtained the necessary
			 permit or approval and the applicant has a contract or other arrangement for
			 access to the resource or service secured by that permit or approval.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0020 - Structural Standard

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for facilities described in sections (2) and (3), to issue a site
			 certificate, the Council must find that:
(a)
			 The applicant, through appropriate site-specific study, has adequately
			 characterized the seismic hazard risk of the site; and
(b) The applicant can design, engineer, and
			 construct the facility to avoid dangers to human safety and the environment
			 presented by seismic hazards affecting the site, as identified in subsection
			 (1)(a);
(c) The applicant, through
			 appropriate site-specific study, has adequately characterized the potential
			 geological and soils hazards of the site and its vicinity that could, in the
			 absence of a seismic event, adversely affect, or be aggravated by, the
			 construction and operation of the proposed facility; and
(d) The applicant can design, engineer and
			 construct the facility to avoid dangers to human safety and the environment
			 presented by the hazards identified in subsection (c).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0022 - Soil Protection

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate, the Council must find that the
				design, construction and operation of the facility, taking into account
				mitigation, are not likely to result in a significant adverse impact to soils
				including, but not limited to, erosion and chemical factors such as salt
				deposition from cooling towers, land application of liquid effluent, and
				chemical spills.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0030 - Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To issue a
			 site certificate, the Council must find that the proposed facility complies
			 with the statewide planning goals adopted by the Land Conservation and
			 Development Commission.
(2) The
			 Council shall find that a proposed facility complies with section (1) if:
(a) The applicant elects to obtain local land
			 use approvals under ORS
			 469.504(1)(a)
			 and the Council finds that the facility has received local land use approval
			 under the acknowledged comprehensive plan and land use regulations of the
			 affected local government; or
(b)
			 The applicant elects to obtain a Council determination under ORS
			 469.504(1)(b)
			 and the Council determines that:
(A) The
			 proposed facility complies with applicable substantive criteria as described in
			 section (3) and the facility complies with any Land Conservation and
			 Development Commission administrative rules and goals and any land use statutes
			 directly applicable to the facility under ORS
			 197.646(3);
(B) For a proposed facility that does not
			 comply with one or more of the applicable substantive criteria as described in
			 section (3), the facility otherwise complies with the statewide planning goals
			 or an exception to any applicable statewide planning goal is justified under
			 section (4); or
(C) For a proposed
			 facility that the Council decides, under sections (3) or (6), to evaluate
			 against the statewide planning goals, the proposed facility complies with the
			 applicable statewide planning goals or that an exception to any applicable
			 statewide planning goal is justified under section
			 (4).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0040 - Protected Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 issue a site certificate, the Council must find:
(a) The proposed facility will not be located
			 within the boundaries of a protected area designated on or before the date the
			 application for site certificate or request for amendment was determined to be
			 complete under OAR 345-015-0190  or 345-027-0363;
(b) The design, construction and operation of
			 the facility, taking into account mitigation, are not likely to result in
			 significant adverse impact to a protected area designated on or before the date
			 the application for site certificate or request for amendment was determined to
			 be complete under OAR 345-015-0190  or 345-027-0363.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0050 - Retirement and Financial Assurance

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate, the Council must find that:
(1) The site, taking into account mitigation,
			 can be restored adequately to a useful, non-hazardous condition following
			 permanent cessation of construction or operation of the facility.
(2) The applicant has a reasonable likelihood
			 of obtaining a bond or letter of credit in a form and amount satisfactory to
			 the Council to restore the site to a useful, non-hazardous condition.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0060 - Fish and Wildlife Habitat

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate, the Council must find that the
				design, construction and operation of the facility, taking into account
				mitigation, are consistent with:
(1)
			 The general fish and wildlife habitat mitigation goals and standards of OAR
			 635-415-0025(1) through (6)  in effect as of February 24, 2017, and
(2) For energy facilities that impact
			 sage-grouse habitat, the sage-grouse specific habitat mitigation requirements
			 of the Greater Sage-Grouse Conservation Strategy for Oregon at OAR
			 635-415-0025(7)  and OAR 635-140-0000  through -0025 in effect as of February 24,
			 2017.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0070 - Threatened and Endangered Species

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate, the Council, after consultation
				with appropriate state agencies, must find that:
(1) For plant species that the Oregon
			 Department of Agriculture has listed as threatened or endangered under ORS
			 564.105(2), the
			 design, construction and operation of the proposed facility, taking into
			 account mitigation:
(a) Are consistent with
			 the protection and conservation program, if any, that the Oregon Department of
			 Agriculture has adopted under ORS
			 564.105(3);
			 or
(b) If the Oregon Department of
			 Agriculture has not adopted a protection and conservation program, are not
			 likely to cause a significant reduction in the likelihood of survival or
			 recovery of the species; and
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0080 - Scenic Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 issue a site certificate, the Council must find that the design, construction
			 and operation of the facility, taking into account mitigation, are not likely
			 to result in significant adverse visual impacts to significant or important
			 scenic resources.
(2) The Council
			 may issue a site certificate for a special criteria facility under OAR
			 345-015-0310  without making the findings described in section (1). In issuing
			 such a site certificate, the Council may impose conditions of approval to
			 minimize the potential significant adverse visual impacts from the design,
			 construction, and operation of the facility on significant or important scenic
			 resources.
(3) A scenic resource is
			 considered to be significant or important if it is identified as significant or
			 important in a current land use management plan adopted by one or more local,
			 tribal, state, regional, or federal government or agency.
(4) The Council shall apply the version of
			 this rule adopted under Administrative Order EFSC 1-2007, filed and effective
			 May 15, 2007, to the review of any Application for Site Certificate or Request
			 for Amendment that was determined to be complete under OAR 345-015-0190  or
			 345-027-0363  before the effective date of this rule. Nothing in this section
			 waives the obligations of the certificate holder and Council to abide by local
			 ordinances, state law, and other rules of the Council for the construction and
			 operation of energy facilities in effect on the date the site certificate or
			 amended site certificate is executed.
Statutory/Other Authority: ORS
				  469.470 &
				  469.501
Statutes/Other Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0090 - Historic, Cultural and Archaeological Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for facilities described in
			 sections (2) and (3), to issue a site certificate, the Council must find that
			 the construction and operation of the facility, taking into account mitigation,
			 are not likely to result in significant adverse impacts to:
(a) Historic, cultural or archaeological
			 resources that have been listed on, or would likely be listed on the National
			 Register of Historic Places;
(b)
			 For a facility on private land, archaeological objects, as defined in ORS
			 358.905(1)(a),
			 or archaeological sites, as defined in
			 358.905(1)(c);
			 and
(c) For a facility on public
			 land, archaeological sites, as defined in ORS 358.905(1)(c).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0100 - Recreation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To issue a site
			 certificate, the Council must find that the design, construction and operation
			 of a facility, taking into account mitigation, are not likely to result in a
			 significant adverse impact to important recreational opportunities.
(2) The Council must consider the following
			 factors in judging the importance of a recreational opportunity:
(a) Any special designation or management of
			 the location;
(b) The degree of
			 demand;
(c) Outstanding or unusual
			 qualities;
(d) Availability or
			 rareness;
(e) Irreplaceability or
			 irretrievability of the opportunity.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0110 - Public Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for facilities described in sections (2) and (3), to issue a site
			 certificate, the Council must find that the construction and operation of the
			 facility, taking into account mitigation, are not likely to result in
			 significant adverse impact to the ability of public and private providers
			 within the analysis area described in the project order to provide: sewers and
			 sewage treatment, water, storm water drainage, solid waste management, housing,
			 traffic safety, police and fire protection, health care and schools.
(2) The Council may issue a site certificate
			 for a facility that would produce power from wind, solar or geothermal energy
			 without making the findings described in section (1). However, the Council may
			 apply the requirements of section (1) to impose conditions on a site
			 certificate issued for such a facility.
(3) The Council may issue a site certificate
			 for a special criteria facility under OAR 345-015-0310  without making the
			 findings described in section (1). However, the Council may apply the
			 requirements of section (1) to impose conditions on a site certificate issued
			 for such a facility.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0115 - Wildfire Prevention and Risk Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To issue a site certificate, the Council
			 must find that:
(a) The applicant has
			 adequately characterized wildfire risk within the analysis area using current
			 data from reputable sources, by identifying:
(A) Baseline wildfire risk, based on factors
			 that are expected to remain fixed for multiple years, including but not limited
			 to topography, vegetation, existing infrastructure, and climate;
(B) Seasonal wildfire risk, based on factors
			 that are expected to remain fixed for multiple months but may be dynamic
			 throughout the year, including but not limited to, cumulative precipitation and
			 fuel moisture content;
(C) Areas
			 subject to a heightened risk of wildfire, based on the information provided
			 under paragraphs (A) and (B) of this subsection;
(D) High-fire consequence areas, including
			 but not limited to areas containing residences, critical infrastructure,
			 recreation opportunities, timber and agricultural resources, and fire-sensitive
			 wildlife habitat; and
(E) All data
			 sources and methods used to model and identify risks and areas under paragraphs
			 (A) through (D) of this subsection.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 22 - GENERAL STANDARDS FOR SITING FACILITIES › Section 345-022-0120 - Waste Minimization

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for facilities described in sections (2) and (3), to issue a site
			 certificate, the Council must find that, to the extent reasonably practicable:
(a) The applicant's solid waste and
			 wastewater plans are likely to minimize generation of solid waste and
			 wastewater in the construction and operation of the facility, and when solid
			 waste or wastewater is generated, to result in recycling and reuse of such
			 wastes;
(b) The applicant's plans
			 to manage the accumulation, storage, disposal and transportation of waste
			 generated by the construction and operation of the facility are likely to
			 result in minimal adverse impact on surrounding and adjacent areas.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 23 - NEED STANDARD FOR NONGENERATING FACILITIES › Section 345-023-0005 - Need for a Facility

Current through Register Vol. 63, No. 7, July 1, 2024
This division applies to nongenerating facilities as defined in
				ORS 469.503(2)(e),
				except nongenerating facilities that are related or supporting facilities. To
				issue a site certificate for a facility described in sections (1) through (3),
				the Council must find that the applicant has demonstrated the need for the
				facility. The Council may adopt need standards for other nongenerating
				facilities. This division describes the methods the applicant shall use to
				demonstrate need. In accordance with ORS
				469.501(1)(L),
				the Council has no standard requiring a showing of need or cost-effectiveness
				for generating facilities. The applicant shall demonstrate need:
(1) For electric transmission lines under the
			 least-cost plan rule, OAR 345-023-0020(1), or the system reliability rule for
			 transmission lines, OAR 345-023-0030, or by demonstrating that the transmission
			 line is proposed to be located within a "National Interest Electric
			 Transmission Corridor" designated by the U.S. Department of Energy under
			 Section 216 of the Federal Power Act;
(2) For natural gas pipelines under the
			 least-cost plan rule, OAR 345-023-0020(1), or the economically reasonable rule
			 for natural gas pipelines, OAR 345-023-0040;
(3) For storage facilities for liquefied
			 natural gas with storage capacity of three million gallons or greater under the
			 least-cost plan rule, OAR 345-023-0020(1), or the economically reasonable rule
			 for liquefied natural gas storage facilities, OAR 345-023-0040.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501 &
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 23 - NEED STANDARD FOR NONGENERATING FACILITIES › Section 345-023-0030 - System Reliability Rule for Electric Transmission Lines

Current through Register Vol. 63, No. 7, July 1, 2024
The Council shall find that the applicant has demonstrated need
				for an electric transmission line that is an energy facility under the
				definition in ORS 469.300 if the Council finds
				that:
(1) The facility is needed to
			 enable the transmission system of which it is to be a part to meet firm
			 capacity demands for electricity or firm annual electricity sales that are
			 reasonably expected to occur within five years of the facility's proposed
			 in-service date based on weather conditions that have at least a 5 percent
			 chance of occurrence in any year in the area to be served by the facility;
(2) The facility is consistent
			 with the applicable mandatory and enforceable North American Electric
			 Reliability Corporation (NERC) Reliability Standards in effect as of September
			 18, 2015 as they apply either internally or externally to a utility system; and
(3) Construction and operation of
			 the facility is an economically reasonable method of meeting the requirements
			 of sections (1) and (2) compared to the alternatives evaluated in the
			 application for a site certificate.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 23 - NEED STANDARD FOR NONGENERATING FACILITIES › Section 345-023-0040 - Economically Reasonable Rule for Natural Gas Pipelines or Liquified Natural Gas Storage Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
The Council shall find the applicant has demonstrated need for
				a natural gas pipeline that is an energy facility under the definition in ORS
				469.300 or a facility that
				stores liquefied natural gas, if the Council finds that:
(1) The facility is needed to enable the
			 natural gas supply system of which it is to be a part to meet firm capacity
			 demands for natural gas that are reasonably expected to occur within five years
			 following the facility's proposed in-service date based on weather conditions
			 that have at least a 5 percent chance of occurrence in any year in the areato
			 be served by the proposed facility; and
(2) Construction and operation of the
			 facility is an economically reasonable method of meeting the demands described
			 in section (1) compared to the alternatives evaluated in the application for a
			 site certificate.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0010 - Public Health and Safety Standards for Wind Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a proposed wind energy
				facility, the Council must find that the applicant:
(1) Can design, construct and operate the
			 facility to exclude members of the public from close proximity to the turbine
			 blades and electrical equipment.
(2) Can design, construct and operate the
			 facility to preclude structural failure of the tower or blades that could
			 endanger the public safety and to have adequate safety devices and testing
			 procedures designed to warn of impending failure and to minimize the
			 consequences of such failure.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501