reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0025 - Consideration of Matters Not on Agenda

Current through Register Vol. 63, No. 7, July 1, 2024
A Council member or the Council Secretary may, with the
				approval of a majority of Council members, raise matters at a meeting that the
				Council Secretary did not place on the agenda. The Council shall not act on a
				matter not on the agenda unless a majority of the members present agree that
				the matter is so substantial and of such immediate concern that the Council
				should not defer action until the next regular Council
				meeting.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.460
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0030 - Order of Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 order of business of Council meetings is as follows:
(a) Introduction of new Council members,
			 resolutions for retiring Council members, and other personnel
			 recognition.
(b)
			 Announcements.
(c) Minutes of
			 previous Council meetings including corrections, additions and approval. If
			 minutes have been mailed to Council members before the meeting, the Council may
			 waive the reading of the minutes.
(d) Reports of standing and special
			 committees.
(e) Consideration of
			 agenda items.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0035 - Requests to Place Items on the Agenda

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may request formal Council
			 action on a particular subject (an "action item") by submitting a written
			 request to the Department of Energy. With the concurrence of the chair, the
			 Council Secretary shall place the requested matter on the agenda for discussion
			 at the next meeting occurring at least 14 days after the request is received by
			 the Department. The Council shall treat the matter as an information item at
			 that meeting and may take final action on the matter if a majority of the
			 members present agree that the request is so substantial and of such immediate
			 concern that the Council should not defer action until a future meeting.
			 Normally, however, the Council will defer action on the matter until a future
			 meeting.
(2) Any person may request
			 Council discussion of an information item by submitting a written request to
			 the Department. With the concurrence of the chair, the Council Secretary shall
			 place the requested matter on the agenda for discussion at the next meeting
			 occurring at least 14 days after the request is received by the
			 Department.
(3) The provisions of
			 section (1) do not apply to petitions requesting the Council to initiate a
			 rulemaking proceeding, as described in OAR 137-001-0070, or petitions
			 requesting the Council to issue a declaratory ruling, as described in OAR
			 137-002-0010.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  192.640 &
				  469.460
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0045 - Committees and Subcommittees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The chair may appoint Council members to
			 committees and subcommittees, alter the number of members of such committees
			 and subcommittees, and abolish committees and subcommittees at any time unless
			 disapproved by a majority of the Council. The individuals on such committees
			 and subcommittees need not act as a group nor reach a consensus but may report
			 to the Council individually.
(2)
			 The Council Secretary shall record the membership of the committees and
			 subcommittees appointed by the chair in the minutes of the Council.
(3) The Secretary, consistent with the
			 requirements of ORS Chapter
			 192.610 to
			 192.690, shall give notice of
			 each meeting of Council committees and subcommittees.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.460
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0050 - Council Files

Current through Register Vol. 63, No. 7, July 1, 2024
The Council Secretary shall maintain minutes of all Council
				meetings, Council committee meetings and other records of the
				Council.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  192.640 &
				  469.460
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0055 - Council Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Majority approval by the Council is required before the Council or the Council
			 Secretary issues any correspondence that might materially affect policies or
			 procedures of the Council. Members of the Council shall not communicate in the
			 name of the Council unless authorized by a majority of the Council. In an
			 emergency, when delay may impair the Council's ability to carry out its
			 responsibilities, the chair may take immediate action and report such action at
			 the next meeting of the Council. The Council Secretary shall prepare any letter
			 issued on behalf of the Council and send a copy to each Council
			 member.
(2) The mailing address of
			 the Council is Department of Energy, 550 Capitol St.NE, Salem OR,
			 97301.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0060 - Waiver and Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
Inadvertent failure by the Council to comply with the rules of
				this division does not invalidate any action taken by the Council. The Council
				may, by a majority vote of the quorum present, temporarily suspend application
				of the rules of this division.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0070 - Council Requests for Information

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may at any time request that any person subject to
				the Council's jurisdiction submit information to the Council about any matter
				within the Council's jurisdiction.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 11 - COUNCIL MEETINGS AND COMMUNICATIONS › Section 345-011-0080 - Unacceptable Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
The chair may expel any person who engages in conduct that
				disrupts any Council proceeding. In any proceeding of a Council committee, the
				chairman or chairwoman of the committee may expel any person who engages in
				conduct that disrupts the proceeding.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.460
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 345-015-0001 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in this division, authorized by ORS
				469.040,
				469.470 and
				469.440, establish procedures
				governing Department of Energy and Council review processes, including
				contested case hearings. The Council shall apply the Attorney General's Uniform
				and Model Rules, as specified in OAR 345-001-0005, for contested case
				proceedings and collaborative dispute resolution.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.310-550,
				  469.040,
				  469.370,
				  469.405 &
				  469.440
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 345-015-0003 - Remote and Electronic Public Meeting and Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Council or Chair may waive any
			 provision of OAR chapter 345 requiring that a public meeting or public hearing
			 be held in person or in a specific geographical area, if:
(a) The Council or Chair finds that in-person
			 attendance at the meeting or hearing would present a risk to public health or
			 safety or the health and safety of the participants;
(b) The public meeting or public hearing is
			 held through the use of telephone or other electronic communication in
			 accordance with ORS
			 192.610 to
			 192.690;
			 and
(c) For public hearings, the
			 Council provides an opportunity for submission of testimony by telephone,
			 video, or through some other electronic or virtual means, or provides a means
			 of submitting written testimony, including by email or other electronic
			 methods, that the Council may consider in a timely manner.
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 345-015-0012 - Filing and Service of Documents in a Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing officer shall specify
			 permissible means of filing and service of any pleading or document. The
			 methods of filing with the Council or its hearing officer and service upon any
			 party or limited party, may include, but are not limited to personal delivery,
			 first class or certified mail (properly addressed with postage prepaid),
			 facsimile or other electronic means.
(2) A party or limited party shall file a
			 pleading or document with the Council accompanied by as many copies as required
			 by the Council or its hearing officer and a certificate of service stating the
			 names and addresses of the persons upon whom a true copy of the document was
			 served and the date of service.
(3)
			 Upon motion by any party or limited party, the hearing officer may waive
			 requirements for serving parties who are no longer actively participating in
			 the proceeding and may modify the requirements for serving a limited party
			 consistent with such party's limited interest.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405 & ORS
				  469.440
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 345-015-0014 - Contested Case Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must issue contested case notices for Council contested case
			 proceedings as provided in OAR 137-003-0001. The notices, at a minimum, must
			 include:
(a) A caption with the name of the
			 person or agency to whom the notice is issued;
(b) A short and plain statement of the issues
			 to be considered under OAR 345-015-0016, and a reference to the particular
			 sections of the statute and rules involved;
(c) A statement of the party's right to be
			 represented by counsel and that legal aid organizations may be able to assist a
			 party with limited financial resources;
(d) A statement of the party's rights to
			 participate in the hearing as a party or limited party;
(e) A statement of the agency's authority and
			 jurisdiction to hold a hearing on the issues; and
(f) A statement of the time and place of the
			 hearing; and
(g) A statement that
			 active duty service members have a right to stay proceedings under the federal
			 Service members Civil Relief Act as described in ORS
			 183.415(3)(g);
			 and
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 345-015-0018 - Authorized Representative

Current through Register Vol. 63, No. 7, July 1, 2024
An authorized representative may represent a party or limited
				party, other than a state agency, participating in a contested case proceeding
				before the Council as provided in OAR 137-003-0008. An authorized
				representative may represent a state agency participating in a contested case
				as a party, limited party or interested agency subject to the requirements of
				ORS 183.450(7) and
				(8).
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0022 - Petition for Indigent Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By petition to the hearing officer in a
			 contested case submitted before the time of the prehearing conference, a party
			 or limited party may request to be treated as an indigent. In the petition, the
			 petitioner shall state in detail the facts demonstrating that the petitioner is
			 indigent in the context of the financial burdens associated with full
			 participation as a party or limited party in the contested case and the reasons
			 why the petitioner would be prejudiced if indigent status were not
			 granted.
(2) The hearing officer
			 shall issue a determination on a petition for indigent status in writing and
			 shall state the grounds for the determination. The hearing officer's
			 determination is final unless the petitioner submits an appeal to the Council
			 within seven days after the date of service of the determination.
(3) The hearing officer may excuse a person
			 granted indigent status from such requirements of the rules of this division as
			 the hearing officer determines appropriate. As determined by the hearing
			 officer, the Council may provide for the cost of service of pleadings and other
			 documents, reasonable travel expenses of witnesses and copies of the record
			 necessary to enable a person granted indigent status to participate fully in
			 the contested case.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0023 - Duties of Hearing Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Council shall appoint a hearing officer to conduct a contested case
			 proceeding on behalf of the Council or to compile the record and recommend
			 resolution of objections to the record of a local land use proceeding held
			 pursuant to ORS 469.503(2)(a).
			 The Council may appoint a Council member, an employee of the Department of
			 Energy, or some other person or persons as it sees fit.
(2) A hearing officer shall take all
			 necessary action 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; and
(e) Assist the Council
			 in making its decision.
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 345-015-0024 - Suspension of Hearing and Exclusion of a Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If any person engages in conduct that
			 interferes with the hearing officer's duty in connection with any aspect of a
			 contested case proceeding or fails to obey an order of the hearing officer, the
			 hearing officer may suspend the hearing or order such person excluded from the
			 hearing temporarily or permanently. Conduct that interferes with the hearing
			 officer's duties includes, but is not limited to, conduct impeding discovery,
			 hearing schedules or the conduct of the contested case hearing.
(2) If the hearing officer issues an order
			 permanently excluding a party, limited party, or legal counsel from further
			 participation in a contested case proceeding, the hearing officer shall issue
			 the order in writing and shall state in the order the grounds for the order.
			 The order is final unless the person subject to the order submits an appeal to
			 the Council within seven calendar days of service of the order.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0038 - Separate Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The Council or its hearing officer may order separate hearings
				on particular matters at issue in a contested case to conduct the entire
				proceeding expeditiously.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0043 - Evidence: Testimony Submitted in Writing

Current through Register Vol. 63, No. 7, July 1, 2024
A hearing officer may require parties or limited parties to
				submit to the hearing officer, in writing, the qualifications and direct
				testimony of each witness whom a party or limited party proposes to call and
				all exhibits that a party or limited party proposes to introduce in conjunction
				with the testimony of a witness. Parties and limited parties shall send to all
				other parties and limited parties copies of all written materials submitted to
				the hearing officer under this rule.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0046 - Evidence: Official Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In a contested case proceeding, the hearing officer may take official notice of
			 the following:
(a) All facts of which the
			 courts of the State of Oregon may take judicial notice;
(b) Administrative rulings and reports of the
			 Council and other governmental agencies;
(c) Facts contained in permits and licenses
			 issued by the Council or any other government agency;
(d) The factual results of the hearing
			 officer's or the Council's personal inspection of physical conditions involved
			 in the contested case; and
(e)
			 General, technical or scientific facts within the specialized knowledge of the
			 Council or the Department of Energy.
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 345-015-0051 - Evidence: Resolutions of Cities, Counties and Tribes

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the request of a governing body of a city, county or
				tribe, the Department of Energy shall offer, and the hearing officer shall
				receive in evidence, a certified copy of a resolution of the governing body.
				The hearing officer shall receive such resolutions subject to rebuttal as to
				the authenticity of the resolution or the circumstances surrounding its
				procurement. The hearing officer shall receive such resolutions only for the
				purpose of showing the expression of official action of the resolving body with
				respect to matter contained in the resolution. Such resolutions are not proof
				of facts related to the subject of the resolution.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415,
				  469.370,
				  469.405,
				  469.440,
				  469.605,
				  469.615 &
				  469.992
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 345-015-0054 - Motions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All parties,
			 including limited parties, shall submit any motions in a contested case to the
			 hearing officer. Unless a motion is made orally on the record during a
			 contested case hearing, or unless the hearing officer directs otherwise, the
			 moving party shall submit the motion in writing and shall state with
			 particularity the grounds and relief sought. The moving party shall submit with
			 the motion any brief, affidavit or other document relied on, and, as
			 appropriate, a proposed form of order. The moving party shall serve the motion
			 on all parties and limited parties to the contested case.
(2) Within seven calendar days after the date
			 of service of a written motion, or such other period as the hearing officer may
			 prescribe, a party or limited party may file an answer in support of or in
			 opposition to the motion, accompanied by affidavits or other evidence. The
			 moving party shall have no right to reply, except as permitted by the hearing
			 officer.
(3) The parties shall not
			 have oral argument on a motion unless permitted by the hearing officer. The
			 hearing officer shall dispose of motions by written order served on all parties
			 and limited parties or read into the hearing record.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0057 - Prohibitions on Interlocutory Appeals to Council

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise specifically provided
			 for in the rules of this division, a party or limited party may not take an
			 interlocutory appeal to the Council from a ruling of the hearing officer unless
			 such ruling would terminate that party's right to participate in the contested
			 case proceeding.
(2) A party or
			 limited party shall submit an appeal involving that party's right to
			 participate in a contested case proceeding, with supporting arguments and
			 documents, to the Council within seven calendar days after the date of the
			 ruling of the hearing officer.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0059 - Prohibitions on Stays

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise ordered by the hearing officer, neither the
				filing of a motion nor the certification of a question to the Council stays a
				contested case proceeding or extends the time for the performance of any
				act.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0062 - Reopening Record Prior to Decision

Current through Register Vol. 63, No. 7, July 1, 2024
The Council or its hearing officer, on its own motion or for
				good cause shown, may reopen the hearing record for the taking of additional
				evidence while the proceeding is under advisement with the hearing officer or
				the Council. In addition to good cause, the moving party or limited party shall
				show that:
(1) The evidence is
			 material to the proceeding; or
(2)
			 The evidence would substantially affect the outcome of the
			 proceeding.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  183.415, ORS
				  469.370, ORS
				  469.405, ORS
				  469.440, ORS
				  469.605, ORS
				  469.615 & ORS
				  469.992
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 345-015-0080 - Participation by Government Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any state or local government agency
			 other than the Department may request participation in a contested case as a
			 party, limited party or interested agency, subject to the limitations described
			 in OAR 345-015-0016. For a contested case on a site certificate application,
			 the agency must submit the request to the hearing officer in writing by the
			 date specified in the Department's public notice issued under OAR
			 345-015-0230(3). For a contested case on a site certificate amendment, the
			 agency must submit the request to the Department by the date specified in the
			 notice of the opportunity to request a contested case issued under OAR
			 345-027-0371(4).
(2) The Department
			 must participate in all contested case proceedings conducted by the Council
			 with all the rights of a party.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.370,
				  469.405,
				  469.440,
				  469.605,
				  469.615  & 469.992
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 345-015-0083 - Prehearing Conference and Prehearing Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing officer may cancel or
			 reschedule any previously noticed prehearing conference.
(2) The hearing officer may conduct one or
			 more prehearing conferences for the purposes and in the manner described in OAR
			 137-003-0035. At the conclusion of the conferences, the hearing officer must
			 issue a prehearing order stating the issues to be addressed in the contested
			 case hearing and, in a contested case on an application for a site certificate,
			 limiting parties to those issues they raised on the record of the public
			 hearing described in OAR 345-015-0220. The hearing officer may not receive
			 evidence or hear legal argument on issues not identified in the prehearing
			 order.
(3) Failure to raise an
			 issue in the prehearing conferences for the contested case hearing on an
			 application for a site certificate constitutes a waiver of that
			 issue.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  183.415,
				  469.370,
				  469.405,
				  469.440,
				  469.605,
				  469.615  & 469.992
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 345-015-0110 - Public Notice of a Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receiving a notice of intent (NOI),
			 the Department must issue public notice of the NOI by:
(a) Sending notice by mail or email to
			 persons on the Council's general mailing list as defined in OAR 345-011-0020  and any special mailing list set up for the proposed project;
(b) Sending notice by mail to the property
			 owners listed in Exhibit F of the NOI;
(c) Sending notice by mail or email to the
			 land management agency or organization with jurisdiction over the protected
			 areas identified in Exhibit L of the NOI;
(d) Except as provided in subsection (e),
			 publishing notice in a newspaper of general circulation available in the
			 vicinity of the proposed facility; and
(e) If the energy facility is a transmission
			 line or a pipeline or 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, publishing notice in
			 one or, if possible, two newspapers of general circulation in the vicinity of
			 the proposed 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 345-015-0115 - Appointment of Special Advisory Groups

Current through Register Vol. 63, No. 7, July 1, 2024
After receiving the notice of intent, the Department shall
				designate as a special advisory group the governing body of any local
				government within whose jurisdiction the facility is proposed to be
				located.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.480
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 345-015-0120 - Agency Memorandum on a Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
After receiving a notice of intent (NOI), the Department must
				prepare a memorandum. In the memorandum, the Department must:
(1) Request comments from the reviewing
			 agency by a specified date.
(2)
			 Request the following information:
(a) The
			 name, address and telephone number of the agency contact person assigned to
			 review the application;
(b)
			 Comments on aspects of the proposed facility that are within the particular
			 responsibility or expertise of the reviewing agency;
(c) Recommendations regarding the size and
			 location of analysis areas;
(d) A
			 list of studies that should be conducted to identify potential impacts of the
			 proposed facility and mitigation measures;
(e) If the applicant has identified one or
			 more proposed corridors in Exhibit D of the NOI as required by OAR
			 345-020-0011(1)(d), a discussion of the relative merits of the corridors
			 described in the NOI and recommendations, if any, on the selection of a
			 corridor;
(f) A list of statutes,
			 administrative rules and local government ordinances administered by the agency
			 that might apply to construction or operation of the proposed facility and a
			 description of any information needed for determining compliance;
(g) A list of any permits administered by the
			 agency that might apply to construction or operation of the proposed facility
			 and a description of any information needed for reviewing a permit application;
			 and
(h) For tribes affected by the
			 proposed facility, a list of tribal codes that the tribe recommends to the
			 Council for its review of the application and specific information regarding
			 the proposed facility or study areas described in the NOI that is necessary for
			 determining compliance with those tribal codes.
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 345-015-0130 - Informational Meeting on a Notice of Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuing the public notice described
			 in OAR 345-015-0110, the Department of Energy may hold one or more
			 informational meetings on the proposed facility in the vicinity of the site of
			 the proposed facility. The informational meeting is not a contested case
			 hearing.
(2) If the Department
			 holds an informational meeting, the Department shall present an explanation of
			 the notice of intent (NOI) process and the application process, including the
			 means and opportunities for the general public to participate in these
			 processes, and an explanation of the difference between informational meetings
			 and the public hearing described in 345-015-0220. The Department may present
			 this information orally or by a written handout.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.330
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 345-015-0140 - Review by the Department of Energy

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Energy shall review the notice of intent
				(NOI) and the comments and recommendations received by the final date for
				submission of comments specified in the public notice described in OAR
				345-015-0110  and in the memorandum described in OAR 345-015-0120. The
				Department shall send copies of any written comments or recommendations to the
				applicant.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.330
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 345-015-0160 - Project Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following the review of a notice of intent or, in the case of an expedited
			 review, following receipt of a preliminary application for a site certificate,
			 the Department of Energy shall issue a project order to the applicant
			 establishing the following:
(a) All state
			 statutes and administrative rules containing standards or criteria that must be
			 met for the Council to issue a site certificate for the proposed facility,
			 including applicable standards of divisions 22, 23 and 24 of this
			 chapter.
(b) All local government
			 ordinances applicable to the Council's decision on the proposed
			 facility.
(c) All application
			 requirements in OAR 345-021-0010  applicable to the proposed facility.
(d) All state and local permits necessary to
			 the construction and operation of the proposed facility and the name of each
			 agency with the authority to issue such permits.
(e) Any other data and information that must
			 be included in the application for a site certificate to allow the Council to
			 determine whether the proposed facility will comply with applicable statutes,
			 administrative rules and local government ordinances.
(f) The analysis area(s) for the proposed
			 facility.
(g) Public concerns that
			 address matters within the jurisdiction of the Council that the applicant shall
			 consider and discuss in the application for a site certificate, based on
			 comments the Department has received in writing or at any informational meeting
			 held under OAR 345-015-0130.
(h) If
			 the applicant has identified one or more proposed corridors in Exhibit D of the
			 notice of intent as required by OAR 345-020-0011(1)(d), any adjustments to the
			 corridor(s) that the applicant shall evaluate in the corridor selection
			 assessment described in 345-021-0010(1)(b).
(i) If the applicant chooses to demonstrate
			 need for a proposed electric transmission line, natural gas pipeline, or
			 liquefied natural gas storage facility under the economically reasonable rules,
			 OAR 345-023-0030  and 345-023-0040, any alternatives to construction and
			 operation of the proposed facility that the applicant must evaluate in the
			 application in addition to the alternatives described in 345-021-0010(1)(n)(F)
			 or (G).
(j) Except in the case of
			 an expedited review granted under OAR 345-015-0300  or 345-015-0310, the
			 expiration date of the notice of intent, according to
			 345-020-0060(1).
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 345-015-0171 - Public Notice of a Preliminary Application

Current through Register Vol. 63, No. 7, July 1, 2024
After receiving the preliminary application, the Department
				must post an announcement on its website to notify the public that a
				preliminary application has been received. The Department must include the
				addresses of locations where the public may review copies of the preliminary
				application in the announcement. The announcement may include the preliminary
				application or sections of the preliminary application that may be viewed or
				downloaded. The announcement may include a link to the applicant's website, if
				any, where the preliminary application may be viewed or downloaded.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.350
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 345-015-0180 - Agency Memorandum on a Preliminary Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Until the Department determines the
			 application to be complete as described in OAR 345-015-0190  or 345-015-0310, it
			 is a preliminary application.
(2)
			 The Department must mail or email the memorandum described under (3) to the
			 reviewing agencies.
(3) In the
			 memorandum, the Department must:
(a) Request
			 comments or recommendations regarding the preliminary application on the
			 following:
(A) Whether the reviewing agency
			 needs any additional information from the applicant to review the application
			 under the statutes, administrative rules or ordinances administered by the
			 reviewing agency and describe such information; and
(B) The status of applications for permits,
			 if any, that the applicant has submitted to the reviewing agency and that are
			 necessary for the construction and operation of the proposed
			 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 345-015-0190 - Determination of Completeness

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 60 days after receipt of a preliminary application for a site
			 certificate, the Department must notify the applicant whether the application
			 is complete. In the notification, the Department must:
(a) State that the application is complete
			 and state the date of filing;
(b)
			 State that the application is incomplete, and:
(A) Describe any information needed to
			 complete the application to the extent known to the Department at the time of
			 the notification;
(B) Ask the
			 applicant to submit the needed information by the deadline described in section
			 (4); and
(C) Estimate the
			 additional time the Department will need to make a determination of
			 completeness; or
(c)
			 Explain the reasons why the Department cannot determine completeness and
			 estimate the additional time the Department will need to make a determination
			 of completeness.
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 345-015-0194 - Public Notice of a Complete Application for Site Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 must inform the public that the application is complete by publishing notice in
			 a newspaper of general circulation available in the vicinity of the proposed
			 facility. In addition, the Department must send notice by mail or email to all
			 persons on:
(a) The Council's general mailing
			 list as defined in OAR 345-011-0020;
(b) Any special mailing list set up for the
			 proposed facility; and
(c) The list
			 of property owners provided in Exhibit F of the application.
(d) The land management agency or
			 organization with jurisdiction over the protected areas identified in the
			 application.
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 345-015-0198 - Informational Meeting on a Complete Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuing the public notice described
			 in OAR 345-015-0194, the Department of Energy may hold one or more
			 informational meetings on the proposed facility in the vicinity of the site of
			 the proposed facility. The informational meeting is not a contested case
			 hearing.
(2) If the Department
			 holds an informational meeting, the Department shall present an explanation of
			 the application process, including the means and opportunities for the general
			 public to participate in these processes, and an explanation of the difference
			 between the informational meeting and the public hearing described in OAR
			 345-015-0220. The Department may present this information orally or by a
			 written handout.
(3) The applicant
			 or the applicant's representative must attend all public informational meetings
			 described in this rule.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.350
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 345-015-0210 - Draft Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following the deadline for its receipt of agency reports and final land use
			 decisions stated under OAR 345-015-0200, the Department of Energy shall issue a
			 draft proposed order on the application that includes its recommendation to
			 grant with conditions or deny a site certificate for the proposed facility and
			 a discussion of the reasons for that recommendation. The draft proposed order
			 may include, but is not limited to:
(a) Draft
			 proposed findings of fact and conclusions of law concerning the proposed
			 facility's compliance with all state statutes and administrative rules and
			 ordinances applicable to the issuance of a site certificate for the proposed
			 facility;
(b) Draft proposed
			 conditions for inclusion in the site certificate;
(c) Draft proposed monitoring plans to ensure
			 the proposed facility's continued compliance with applicable state statutes and
			 administrative rules and ordinances; and
(d) A description of the status of other
			 applications for state permits and local government land use permits for the
			 proposed facility.
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 345-015-0220 - Public Hearing and Notice on the Draft Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the issuance of the draft proposed
			 order described in OAR 345-015-0210, the Council or its hearing officer must
			 conduct at least one public hearing on the draft proposed order in the vicinity
			 of the site of the proposed facility. The public hearing is not a contested
			 case hearing. If there is more than one public hearing, the "close of the
			 record of the public hearing" means the close of the record of the final public
			 hearing.
(2) The Department must,
			 at least 20 days before the hearing:
(a)
			 Submit notice for publication in a newspaper of general circulation available
			 in the vicinity of the proposed facility; and
(b) Send notice of the hearing by mail or
			 email to:
(A) Persons on the Council's general
			 mailing list as defined in OAR 345-011-0020;
(B) Persons on any special mailing list set
			 up for the proposed project; and
(C) The property owners listed in Exhibit F
			 of the application, as updated by the applicant upon the request of the
			 Department.
(D) The land management
			 agency or organization with jurisdiction over the protected areas identified in
			 the application.
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 345-015-0230 - Council Review and the Department of Energy's Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the
			 close of the record of the public hearing conducted under OAR 345-015-0220, the
			 Council must review the draft proposed order. In accordance with ORS
			 469.370(3),
			 when the Council meets to review a draft proposed order, the Council may not
			 permit the applicant, reviewing agencies or the public to comment on any issue
			 that may be the basis for a contested case.
(2) Following the Council's meeting to review
			 the draft proposed order, the Department must issue a proposed order in
			 accordance with ORS 469.370(4),
			 taking into consideration the comments of the Council, any public comments made
			 at a public hearing, written comments received before the close of the record
			 of the public hearing, and agency consultation. In the proposed order, the
			 Department must recommend either granting a site certificate with conditions or
			 denying a site certificate for the proposed facility.
(3) Following issuance of the proposed order,
			 the Department must issue a public notice of the proposed order, subject to the
			 following:
(a) The public notice of the
			 proposed order must include:
(A) A description
			 of the facility and the facility's general location;
(B) A summary of the recommendations included
			 in the Proposed Order;
(C) A
			 description of the process and deadline for requests to participate as a party
			 or limited party in the contested case under OAR 345-015-0016;
(D) The date of the prehearing conference, if
			 any; and
(E) The date of the
			 hearing; and