reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0072

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0075

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0085

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.370,
				  469.405 &
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.401 &
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.401 &
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0110 - Termination of a Site Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certificate holder may apply to the
			 Council to terminate a site certificate at any time, subject to the
			 requirements of this rule.
(2) A
			 certificate holder must apply to the Council to terminate a site certificate
			 within two years following cessation of construction or operation of the
			 facility.
(3) If the certificate
			 holder fails to apply to the Council to terminate the site certificate and the
			 Council finds that the certificate holder has permanently ceased construction
			 or operation of the facility, then the Council may terminate the site
			 certificate according to the procedure described in OAR
			 345-025-0006(16).
(4) In an
			 application for termination of the site certificate, the certificate holder
			 must include a proposed final retirement plan for the facility and site. The
			 certificate holder must submit two printed copies of the application for
			 termination and the proposed final retirement plan, and an electronic version
			 of the application for termination and the proposed final retirement plan in a
			 non-copy-protected electronic format acceptable to the Department. The
			 certificate holder must submit additional printed copies of the application for
			 termination and the proposed final retirement plan to the Department upon
			 request.
(5) In the proposed final
			 retirement plan, the certificate holder must include:
(a) A plan for retirement that provides for
			 completion of retirement without significant delay and that protects public
			 health, safety and the environment;
(b) A description of actions the certificate
			 holder proposes to take to restore the site to a useful, non-hazardous
			 condition, including information on how impacts to fish, wildlife and the
			 environment would be minimized during the retirement process;
(c) A current detailed cost estimate and a
			 plan for ensuring the availability of adequate funds for completion of
			 retirement; and
(d) An updated list
			 of property owners, as described in OAR 345-021-0010(1)(f).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0210 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not construct a gas storage testing pipeline unless the certificate holder of
			 the Council certified facility to which the pipeline would connect obtains,
			 before construction, the approval of the Department for the construction,
			 operation and retirement of the proposed pipeline as required under ORS
			 469.405(3).
(2) For the purposes of OAR 345-027-0510
			 through 345-027-0540:
(a) "Gas storage
			 testing pipeline" means a pipeline, but not a temporary pipeline, that is less
			 than 16 inches in diameter and less than five miles in length, that is used to
			 test or maintain an underground gas storage reservoir, and that would connect
			 to a Council certified facility if the storage reservoir proves feasible for
			 operational use;
(b) "Temporary
			 pipeline" means a pipeline that has no potential for operational use;
(c) "Council certified facility" means an
			 energy facility for which the Council has issued a site certificate that is
			 either a surface facility related to an underground gas storage reservoir or a
			 gas pipeline;
(d) "Connect" means
			 join for the purpose of operational use;
(e) "Test or maintain" means transporting gas
			 to an underground gas storage reservoir for the purposes of determining whether
			 the reservoir is feasible for operational use or maintaining the gas storage
			 capacity of the reservoir but does not include operational use;
(f) "Operational use" means transporting gas
			 to an underground gas storage reservoir for the purpose of storing gas until it
			 is needed for sale or for withdrawing gas from an underground gas storage
			 reservoir for the purpose of sale;
(g) "Council substantive standards" means the
			 following standards:
(A) Structural Standard,
			 OAR 345-022-0020;
(B) Soil
			 Protection, OAR 345-022-0022;
(C)
			 Protected Areas, OAR 345-022-0040(1)  but excluding (2) and (3);
(D) Retirement and Financial Assurance, OAR
			 345-022-0050;
(E) Fish and Wildlife
			 Habitat, OAR 345-022-0060;
(F)
			 Threatened and Endangered Species, OAR 345-022-0070
(G) Scenic Resources, OAR
			 345-022-0080;
(H) Historic,
			 Cultural and Archaeological Resources, OAR 345-022-0090;
(I) Recreation, OAR 345-022-0100;
(J) Public Services, OAR
			 345-022-0110;
(K) Waste
			 Minimization, OAR 345-022-0120; and
(L) Public Health and Safety, OAR
			 345-024-0030(2), (3) and (4);
(h) "Information requirements" means
			 information that would support the findings described in OAR 345-024-0030(2)
 
			 and the information described in OAR 345-021-0010(1)(h), (i), (j), (L), (m),
			 (p), (q), (r), (s), (t), (u), (v) and (w).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0220 - Request for Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before submitting a request for approval to construct, operate and retire a gas
			 storage testing pipeline, the certificate holder must:
(a) Inform the Department of the proposed
			 pipeline, including its diameter, length, location, capacity and maximum
			 operating pressure; and
(b) Provide
			 to the Department a map showing the location of the proposed
			 pipeline.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0230 - Review of a Request for Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 7 days after receiving a request
			 for approval to construct, operate and retire a gas storage testing pipeline,
			 the Department must:
(a) Send copies of the
			 request by mail, email or any other form of electronic delivery to the
			 following agencies with a notice asking the agencies to submit written comments
			 on the request within 14 days from the date of the notice:
(A) Oregon Department of Fish and
			 Wildlife;
(B) Oregon Department of
			 Geology and Mineral Industries;
(C)
			 Oregon Public Utility Commission;
(D) Oregon Department of
			 Agriculture;
(E) Division of State
			 Lands; and
(F) State Historic
			 Preservation Office.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0311 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 this division apply to all requests for amendment to a site certificate and
			 amendment determination requests for facilities under the Council's
			 jurisdiction that are submitted to, or were already under review by, the
			 Council on or after the effective date of the rules. The Department and Council
			 will continue to process all requests for amendment and amendment determination
			 requests submitted on or after October 24, 2017 for which Council has not made
			 a final decision prior to the effective date of these rules, without requiring
			 the certificate holder to resubmit the request or to repeat any steps taken as
			 part of the request prior to the effective date of these rules.
(2) Notwithstanding section (1) of this rule,
			 these rules do not apply to facilities described in ORS
			 469.410(1).
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0313 - Certificate Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
If the certificate holder does not begin construction of the
				facility by the construction beginning date specified in the site certificate
				or amended site certificate, the site certificate expires on the construction
				beginning date specified, unless expiration of the site certificate is
				suspended pending final action by the Council on a request for amendment to a
				site certificate under OAR 345-027-0385(2).
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.370  & 469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0350 - Changes Requiring an Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
Except for changes allowed under OAR 345-027-0353, an amendment
				to a site certificate is required to:
(1) Transfer ownership of the facility or the
			 certificate holder as described in OAR 345-027-0400;
(2) Apply later-adopted laws as described in
			 OAR 345-027-0390;
(3) Extend the
			 construction beginning or completion deadline as described in OAR
			 345-027-0385;
(4) Design,
			 construct, or operate a facility in a manner different from the description in
			 the site certificate, if the proposed change:
(a) Could result in a significant adverse
			 impact that the Council has not addressed in an earlier order and the impact
			 affects a resource or interest protected by an applicable law or Council
			 standard;
(b) Could impair the
			 certificate holder's ability to comply with a site certificate condition;
			 or
(c) Could require a new
			 condition or a change to a condition in the site certificate.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0351 - Review Processes for Requests for Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The transfer review process, described in
			 OAR 345-027-0400, applies to the Council's review of a request for amendment to
			 a site certificate to transfer a site certificate.
(2) The type A review process, consisting of
			 OAR 345-027-0359, 345-027-0360, 345-027-0363, 345-027-0365, 345-027-0367,
			 345-027-0371  and 345-027-0375, is the default review process and applies to the
			 Council's review of a request for amendment proposing a change described in OAR
			 345-027-0350(2), (3), or (4).
(3)
			 The type B review process, consisting of OAR 345-027-0359, 345-027-0360,
			 345-027-0363, 345-027-0365, 345-027-0368, 345-027-0372, and 345-027-0375,
			 applies to the Council's review of a request for amendment that the Department
			 or the Council approves for type B review under OAR 345-027-0357.
(4) The type C review process, described in
			 OAR 345-027-0380, applies to the Council's review of a request for amendment
			 that the Department or the Council approves for type C review under OAR
			 345-027-0380.
(5) The Council may
			 act concurrently on any combination of proposed changes included in a request
			 for amendment. Concurrent proposed changes are subject to the substantive
			 requirements applicable to each respective proposed change and the Council must
			 review all proposed changes through the process with the more procedural steps
			 applicable to any one of the proposed changes.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0353 - Changes Exempt from Requiring an Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
An amendment to a site certificate is not required for a
				proposed change in the design, construction or operation of a facility that is
				in substantial compliance with the terms and conditions of the site
				certificate, and is a change:
(1) To
			 an electrical generation facility that would increase the electrical generating
			 capacity and would not increase the number of electric generators at the site,
			 change fuel type, increase fuel consumption by more than 10 percent or enlarge
			 the facility site;
(2) To the
			 number or location of pipelines for a surface facility related to an
			 underground gas storage reservoir that would not result in the facility
			 exceeding permitted daily throughput or a change to the site
			 boundary;
(3) To the number, size,
			 or location of pipelines for a geothermal energy facility that would not result
			 in a change to the site boundary;
(4) To a pipeline that is a related or
			 supporting facility that delivers natural gas to the energy facility, if the
			 change would extend or modify the pipeline or expand the right-of-way, when the
			 change is exclusively to serve gas users other than the energy
			 facility;
(5) To a transmission
			 line that is a related or supporting facility, if the change would extend or
			 modify the transmission line or expand the right-of-way, when the change is
			 exclusively to serve the transmission needs of a separate energy facility or
			 energy user; or
(6) To construct a
			 pipeline less than 16 inches in diameter and less than five miles in length to
			 test or maintain an underground gas storage reservoir. If the proposed pipeline
			 would connect to a surface facility related to an underground gas storage
			 reservoir for which the Council has issued a site certificate or to a gas
			 pipeline for which the Council has issued a site certificate, the certificate
			 holder must obtain, prior to construction, the approval of the Department for
			 the construction, operation and retirement of the proposed pipeline. To obtain
			 Department approval, the certificate holder must submit a request as described
			 in OAR 345-027-0510 through 345-027-0540.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0355 - Written Evaluations for Changes Not Requiring Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a proposed
			 change that would add area to the site boundary, see OAR 345-027-0357(1). For a
			 proposed change to the facility that does not include adding area to the site
			 boundary, the certificate holder may evaluate OAR 345-027-0350  and 345-027-0353  and conclude that the proposed change does not require an amendment. If the
			 certificate holder concludes that a proposed change to the facility does not
			 require an amendment to the site certificate, the certificate holder must
			 complete a written evaluation if the change:
(a) Could be included in and governed by the
			 site certificate, but the certificate holder has concluded the change is not
			 described in OAR 345-027-0350; or
(b) Is exempt from requiring an amendment
			 under OAR 345-027-0353.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0357 - Amendment Determination Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a proposed change that would add area
			 to the site boundary, the certificate holder must either:
(a) Submit a request for amendment to the
			 Department; or
(b) Submit an
			 amendment determination request to the Department for a written determination
			 of whether the proposed change requires an amendment under OAR 345-027-0350,
			 and is not exempt under OAR 345-027-0353.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0359 - Pre-Amendment Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to submitting a preliminary request for amendment to the site certificate
			 as described in OAR 345-027-0360, the certificate holder may request a
			 pre-amendment conference with the Department to discuss the scope, timing, and
			 applicable laws and Council standards associated with the request for
			 amendment.
(2) A pre-amendment
			 conference request must be in writing and must include a description of the
			 proposed change and, if applicable, maps or geospatial data layers representing
			 the location of the proposed change.
(3) Upon receipt of a request as described in
			 section (1) of this rule, the Department must, as promptly as possible, set a
			 date and time for a pre-amendment conference.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0360 - Preliminary Request for Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request an amendment to the site
			 certificate required by OAR 345-027-0350(3) or (4), the certificate holder must
			 submit a written preliminary request for amendment to the Department that
			 includes the following:
(a) The name of the
			 facility, the name and mailing address of the certificate holder, and the name,
			 mailing address, email address and phone number of the individual responsible
			 for submitting the request;
(b) A
			 detailed description of the proposed change, including:
(A) A description of how the proposed change
			 affects the facility;
(B) A
			 description of how the proposed change affects those resources or interests
			 protected by applicable laws and Council standards, and
(C) The specific location of the proposed
			 change, and any updated maps and/or geospatial data layers relevant to the
			 proposed change;
(c)
			 References to any specific Division 21 information that may be required for the
			 Department to make its findings;
(d) The specific language of the site
			 certificate, including conditions, that the certificate holder proposes to
			 change, add, or delete through the amendment;
(e) A list of all Council standards and other
			 laws, including statutes, rules and ordinances, applicable to the proposed
			 change, and an analysis of whether the facility, with the proposed change,
			 would comply with those applicable laws and Council standards. For the purpose
			 of this rule, a law or Council standard is "applicable" if the Council would
			 apply or consider the law or Council standard under OAR 345-027-0375(2);
			 and
(f) A list of the names and
			 mailing addresses of property owners, as described in this rule:
(A) The list must include all owners of
			 record, as shown on the most recent property tax assessment roll, of property
			 located:
(i) Within 100 feet of property which
			 the subject of the request for amendment, where the subject property is wholly
			 or in part within an urban growth boundary;
(ii) Within 250 feet of property which is the
			 subject of the request for amendment, where the subject property is outside an
			 urban growth boundary and not within a farm or forest zone; or
(iii) Within 500 feet of property which is
			 the subject of the request for amendment, where the subject property is within
			 a farm or forest zone; and
(B) In addition to incorporating the list in
			 the request for amendment, the applicant must submit the list to the Department
			 in an electronic format acceptable to the Department.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0363 - Determination of Completeness for a Request for Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Until the Department determines a request
			 for amendment to the site certificate is complete, it is a preliminary request
			 for amendment. After receiving a preliminary request for amendment, the
			 Department may seek comments from reviewing agencies to determine whether that
			 request is complete.
(2) Unless the
			 certificate holder agrees to additional time, within 60 days after receipt of a
			 preliminary request for amendment under type A review, and within 21 days after
			 receipt of a preliminary request for amendment under type B review, the
			 Department must notify the certificate holder whether the request for amendment
			 is complete. In the notification, the Department must:
(a) State that the request for amendment is
			 complete; or
(b) State that the
			 request for amendment is incomplete, and:
(A)
			 Describe any additional information needed to complete the request for
			 amendment to the extent known to the Department at the time of the
			 notification, including identification of applicable laws and Council standards
			 not addressed in the preliminary request for amendment;
(B) Ask the certificate holder to submit the
			 additional information by the due dates described in section (4) of this rule;
			 and
(C) Estimate the additional
			 time the Department will need to make a determination of completeness following
			 the submittal of the additional information by the certificate
			 holder.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0365 - Draft Proposed Order for a Request for Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 7 days after a request for
			 amendment to the site certificate described in OAR 345-027-0350(3) or (4), or a
			 request for amendment to apply later-adopted laws described in OAR
			 345-027-0390, is determined to be complete, the Department must:
(a) Send notice to the certificate holder
			 specifying a date for issuance of a draft proposed order. The date of issuance
			 of a draft proposed order for a type A request for amendment must be no later
			 than 120 days after the date of the notice. The date of issuance of a draft
			 proposed order for a type B request for amendment must be no later than 60 days
			 after the date of the notice.
(b)
			 Post an announcement on the Department's website to notify the public that a
			 complete request for amendment has been received. The announcement must
			 include:
(A) A copy of the complete request
			 for amendment;
(B) The date the
			 draft proposed order will be issued, as specified in the notice required by
			 subsection (1)(a) of this rule; and
(C) A statement that the public comment
			 period begins upon issuance of the draft proposed order.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0367 - Public Comment and Hearing on the Draft Proposed Order for Requests for Amendment Under Type A Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuance of the draft proposed
			 order as described in OAR 345-027-0365, the Council must conduct a public
			 hearing on the request for amendment to the site certificate in the vicinity of
			 the facility. The public hearing must be held at least 20 days after the draft
			 proposed order is issued. The public hearing is not a contested case
			 hearing.
(2) Concurrent with the
			 issuance of the draft proposed order as described in OAR 345-027-0365, the
			 Department must:
(a) Send the notice
			 described in section (3) of this rule by mail or email to:
(A) All persons on the Council's general
			 mailing list as defined in OAR 345-011-0020;
(B) All persons on any special mailing list
			 established for the facility;
(C)
			 The reviewing agencies for the facility, as defined in OAR 345-001-0010(52);
			 and
(D) The property owners on the
			 list provided under OAR 345-027-0360(1)(f);
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0368 - Public Written Comment on the Draft Proposed Order for Requests for Amendment Under Type B Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After issuance of the draft proposed order as described in OAR 345-027-0365,
			 the Council must solicit and receive written public comments on the draft
			 proposed order. The Department must specify a written comment deadline at least
			 20 days after the draft proposed order is issued.
(2) Concurrent with the issuance of the draft
			 proposed order as described in OAR 345-027-0365, the Department must:
(a) Send the notice described in section (3)
			 of this rule by mail or email to:
(A) All
			 persons on the Council's general mailing list as defined in OAR
			 345-011-0020;
(B) All persons on
			 any special mailing list established for the facility;
(C) The reviewing agencies for the facility,
			 as defined in OAR 345-001-0010(52); and
(D) The property owners on the list provided
			 under OAR 345-027-360(1)(f);
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0371 - Proposed Order, Requests for Contested Case and Council's Final Decision on Requests for Amendment Under Type A Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later than 30 days after the Council
			 has reviewed the draft proposed order and considered all comments received on
			 the record of the public hearing under 345-027-0367, the Department must issue
			 a proposed order recommending approval, modification or denial of the request
			 for amendment to the site certificate. The Department must consider any oral
			 comments made at the public hearing, written comments received before the close
			 of the record of the public hearing, agency consultation, and any Council
			 comments. The Department may issue the proposed order at a later date, but the
			 Department must, no later than 30 days after the Council has reviewed the draft
			 proposed order and considered all comments received on the record of the public
			 hearing, notify the certificate holder in writing of the reasons for the
			 delay.
(2) Concurrent with issuing
			 the proposed order, the Department must issue public notice of the proposed
			 order by:
(a) Sending public notice of the
			 proposed order by mail or email to:
(A) All
			 persons on the Council's general mailing list as defined in OAR
			 345-011-0020;
(B) All persons on
			 any special list established for the facility;
(C) The reviewing agencies for the facility,
			 as defined in OAR 345-001-0010(52); and
(D) The property owners on the updated list
			 provided under OAR 345-027-0360(1)(f); and
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0372 - Proposed Order and Council's Final Decision on Requests for Amendment Under Type B Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 later than 21 days after the written comment deadline that closes the record on
			 the draft proposed order, the Department must issue a proposed order
			 recommending approval, modification or denial of the request for amendment to
			 the site certificate. The Department must consider any written comments
			 received before the close of the record on the draft proposed order and any
			 agency consultation. The Department may issue the proposed order at a later
			 date, but the Department must, no later than 21 days after the close of the
			 record on the draft proposed order, notify the certificate holder in writing of
			 the reasons for the delay.
(2)
			 Concurrent with issuing the proposed order, the Department must issue public
			 notice of the proposed order by posting public notice as an announcement on its
			 website and by sending public notice by mail or email to:
(a) All persons on the Council's general
			 mailing list as defined in OAR 345-011-0020;
(b) All persons on any special list
			 established for the facility;
(c)
			 The reviewing agencies for the facility, as defined in OAR 345-001-0010(52);
			 and
(d) The property owners on the
			 updated list provided under OAR 345-027-0360(1)(f).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0375 - Scope of Council's Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In making a decision to grant or deny
			 issuance of an amended site certificate, the Council must apply the applicable
			 laws and Council standards required under section (2) of this rule and in
			 effect on the dates described in section (3) of this rule.
(2) To issue an amended site certificate, the
			 Council must determine that the preponderance of evidence on the record
			 supports the following conclusions:
(a) For a
			 request for amendment proposing to add new area to the site boundary, the
			 portion of the facility within the area added to the site by the amendment
			 complies with all laws and Council standards applicable to an original site
			 certificate application;
(b) For a
			 request for amendment to extend the deadlines for beginning or completing
			 construction, after considering any changes in facts or law since the date the
			 current site certificate was executed, the facility complies with all laws and
			 Council standards applicable to an original site certificate application.
			 However, for requests to extend completion deadlines, the Council need not find
			 compliance with an applicable law or Council standard if the Council finds
			 that:
(A) The certificate holder has spent
			 more than 50 percent of the budgeted costs on construction of the
			 facility;
(B) The inability of the
			 certificate holder to complete the construction of the facility by the deadline
			 in effect before the amendment is the result of unforeseen circumstances that
			 are outside the control of the certificate holder;
(C) The standard, if applied, would result in
			 an unreasonable financial burden on the certificate holder; and
(D) The Council does not need to apply the
			 standard to avoid a significant threat to the public health, safety or the
			 environment;
(c) For a
			 request for amendment not described above, the facility, with the proposed
			 change, complies with the applicable laws or Council standards that protect a
			 resource or interest that could be affected by the proposed change;
(d) For a request for amendment to a site
			 certificate for a fossil-fueled power plant, the proposed change will not
			 increase the gross carbon dioxide emissions that are reasonably likely to
			 result from the operation of the facility by more than three percent (3%) above
			 the estimated gross carbon dioxide emissions used to determine compliance with
			 the applicable carbon dioxide standard in the site certificate or amended site
			 certificate most recently issued before September 25, 2021.
(e) For all requests for amendment, the
			 amount of the bond or letter of credit required under OAR 345-022-0050  is
			 adequate.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0380 - Type C Review Process for Pre-Operational Requests for Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certificate
			 holder may only request the type C review for a request for amendment when the
			 change proposed in the request for amendment relates to the facility, or
			 portion/phase of the facility, not yet in operation, but approved for
			 construction in the site certificate or amended site certificate. A certificate
			 holder may not request type C review of a request for amendment proposing to
			 extend construction deadlines.
(2)
			 Requests under section (1) of this rule must be submitted in writing to the
			 Department and must include:
(a) A complete
			 request for amendment, including the information described in OAR
			 345-027-0360(1);
(b) The reasons
			 why the certificate holder needs type C review of its request for
			 amendment;
(c) An explanation of
			 why the proposed change could not have been reasonably foreseen by the
			 certificate holder;
(d) An
			 explanation of why the proposed change is unavoidable; and
(e) Reasons why the type C review is adequate
			 to prevent significant adverse impacts to the resources and interests protected
			 by applicable laws or Council standards.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0385 - Request for Amendment to Extend Construction Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The certificate holder may request an
			 amendment to the site certificate to extend the deadlines for beginning or
			 completing construction of the facility, or portion/phase of the facility, that
			 the Council has approved in a site certificate or an amended site certificate
			 by submitting a preliminary request for amendment in accordance with OAR
			 345-027-0360. The preliminary request for amendment must include an explanation
			 of the need for an extension and must be submitted to the Department before the
			 applicable construction deadline, but no earlier than the date twelve months
			 before the applicable construction deadline.
(2) A preliminary request for amendment
			 received by the Department within the time allowed under section (1) of this
			 rule to extend the deadlines for beginning and completing construction suspends
			 expiration of the site certificate or amended site certificate until the
			 Council acts on the request for amendment. If the Council denies the extension
			 request after the applicable construction deadline, the site certificate is
			 deemed expired as of the applicable construction deadline specified in the site
			 certificate or amended site certificate.
(3) If the Council grants an amendment under
			 this rule, the Council must specify new deadlines for beginning or completing
			 construction that are the later of:
(a) Three
			 years from the deadlines in effect before the Council grants the amendment;
			 or
(b) Following a contested case
			 proceeding conducted pursuant to OAR 345-027-0371, two years from the date the
			 Council grants the amendment.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0390 - Request by Any Person for Amendment to Apply Later-Adopted Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person,
			 including the Department, may request an amendment of a site certificate to
			 apply laws, including local government ordinances, statutes, rules or Council
			 standards, adopted after the date the site certificate was executed, if the
			 person contends failure to apply the laws results in a significant threat to
			 the public health or safety or to the environment.
(2) To request an amendment to apply
			 later-adopted laws under this rule, the person must submit a preliminary
			 request for amendment to the Department with the information described in OAR
			 345-027-0360(1)(a), (c), (d), and the following:
(a) Identification of the laws that the
			 person seeks to apply to the facility; and
(b) The particular facts that the person
			 believes clearly show a significant threat to the public health, safety or the
			 environment that requires application of the later adopted laws.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES › Section 345-027-0400 - Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of this rule:
(a) A request for amendment to a site
			 certificate to transfer the site certificate is required for a transaction that
			 results in a change in the ownership, possession or control of the facility or
			 the certificate holder.
(b) "New
			 owner" means the person or entity that will gain ownership, possession or
			 control of the facility or the certificate holder.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0000 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Council enforcement program is to protect
				the health and safety of the public and the environment by ensuring compliance
				with the terms and conditions of site certificates, Department of Energy orders
				as described in OAR 345-027-0230, Radioactive Materials Transport Permits and
				applicable statutes, rules and orders of the Director and Council and by
				obtaining prompt correction of violations.
Statutory/Other Authority: ORS
				  469.470,
				  469.607  & 469.992
Statutes/Other Implemented: ORS
				  469.085,
				  469.470,
				  469.607  & 469.992
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0003 - Applicability of OAR 345-029-0005 through 345-029-0100

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 345-029-0005  through OAR 345-029-0100  apply to violations or potential violations involving energy facilities,
			 including:
(a) A violation of any term or
			 condition of a site certificate;
(b) Except as described in OAR 345-029-0503,
			 a violation of any applicable provision of ORS Chapter 469, OAR chapter 345, or
			 an order of the Council;
(c) A
			 violation of an order issued under OAR 345-027-0230; or
(d) A history of non-compliance by a
			 certificate holder with applicable rules or license requirements of more than
			 one other state agency having enforcement jurisdiction.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0005 - Definitions for OAR 345-029-0005 through 345-029-0100

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 345-029-0005  through 345-029-0100:
(1) "Responsible party" means:
(a) A certificate holder;
(b) A person to whom the Council has granted
			 an exemption from the site certificate requirement under OAR 345-015-0350  through 345-015-0370; or
(c) Any
			 person otherwise subject to the requirements of ORS chapter 469, or OAR chapter
			 345, related to energy facilities.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0010 - Report by a Responsible Party

Current through Register Vol. 63, No. 7, July 1, 2024
The responsible party must make reports as specified in these
				rules and in the site certificate. Whenever a responsible party becomes aware
				of conditions or circumstances that may violate the terms or conditions of a
				site certificate, the terms or conditions of any order of the Council, or the
				terms or conditions of an order issued under OAR 345-027-0230, the responsible
				party must:
(1) As soon as reasonably
			 possible, notify the Department of the conditions or circumstances that may
			 constitute a violation, giving all pertinent facts including an estimate of how
			 long the conditions or circumstances have existed, how long they are expected
			 to continue before they can be corrected, and whether the conditions or
			 circumstances were discovered as a result of a regularly scheduled compliance
			 audit.
(2) As soon as reasonably
			 possible, initiate and complete appropriate action to correct the conditions or
			 circumstances and to minimize the possibility of recurrence.
(3) Submit to the Department a written report
			 within 30 days of discovery. The report must contain:
(a) A discussion of the cause of the reported
			 conditions or circumstances;
(b)
			 The date of discovery of the conditions or circumstances by the responsible
			 party;
(c) A description of
			 immediate actions taken to correct the reported conditions or
			 circumstances;
(d) A description of
			 actions taken or planned to minimize the possibility of recurrence;
			 and
(e) For conditions or
			 circumstances that may violate the terms or conditions of a site certificate,
			 an assessment of the impact on the resources considered under the standards of
			 divisions 22 and 24 of this chapter as a result of the reported conditions or
			 circumstances.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0020 - Notice of Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department has discretion to issue a notice of violation, except that the
			 Council may instruct the Department to issue a notice of violation. Factors the
			 Council or Department must consider in deciding whether conditions or
			 circumstances warrant issuing a notice of violation are:
(a) Did the responsible party report the
			 conditions or circumstances in a timely manner?
(b) Are the conditions or circumstances
			 limited to the possible violation of a reporting requirement?
(c) Are the conditions or circumstances the
			 result of ambiguous language in the requirement in question?
(d) Are the conditions or circumstances the
			 result of a change to the design, construction, operation or retirement of a
			 facility for which a site certificate has been issued, and did the certificate
			 holder decide that no amendment of the site certificate was required, based on
			 a reasonable analysis of the criteria in OAR 345-027-0350(2)?
(e) Has the violation in question been cited
			 by any other state agency having jurisdiction?
(f) Are the conditions or circumstances
			 within the control of the responsible party?
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 29 - NOTICE OF VIOLATION, CIVIL PENALTIES, REVOCATION OR SUSPENSION › Section 345-029-0030 - Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must determine the classification of a violation
				based upon severity and considering the guidelines in this rule. The Department
				may issue a notice of violation for Class I or Class II violations. The
				Department may, if special circumstances warrant, determine a classification at
				variance from the guidelines listed below:
(1) In general, the following violations are
			 classified as Class II violations:
(a)
			 Violation of a term or condition of a site certificate;
(b) Violation of an order of the
			 Council;
(c) Violation of any
			 applicable rule in divisions 22 through 27 of this chapter;
(d) Violation of a Department of Energy order
			 as described in OAR 345-027-0230; or
(e) Violation of any applicable provision of
			 ORS Chapter 469.