Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 21 - APPLICATION FOR A SITE CERTIFICATE › Section 345-021-0000 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for facilities that the Council has determined exempt as described in
			 OAR 345-015-0350  to 345-015-0370  or for which a separate site certificate is
			 not required according to ORS
			 469.320(5),
			 a person may not construct or expand a facility unless the Council has granted
			 a site certificate or an amendment to an existing site certificate.
(2) An applicant may not submit an
			 application for a site certificate before the Department has issued a project
			 order for the proposed facility as described in OAR 345-015-0160. The applicant
			 may submit a draft application before the issuance of a project order. The
			 applicant must submit the application before the expiration of the notice of
			 intent.
(3) For an expedited review
			 granted under OAR 345-015-0300  or 345-015-0310, section (2) does not apply and
			 the applicant may submit an application for a site certificate any time after
			 the Department determines the request for expedited review satisfies the
			 requirements for expedited review as described in those rules.
(4) If the applicant submits a written
			 request for waiver or modification of requirements in OAR 345-021-0010  to the
			 Department, the Department may waive or modify those requirements that the
			 Department determines are not applicable to the proposed facility.
(5) For any state or local government agency
			 permits, licenses or certificates proposed by the applicant to be included in
			 and governed by the site certificate, the applicant must include within the
			 site certificate application all information that would otherwise be required
			 by the state or local government agency in an application for such permit,
			 license or certificate.
(6) For any
			 federally-delegated permits that are needed for construction or operation of
			 the proposed facility, the applicant must submit to the Department one copy of
			 each federally-delegated permit application. The applicant may submit the site
			 certificate application before submitting a copy of a federally-delegated
			 permit application if the applicant submits a schedule of the date by which the
			 applicant intends to submit the federally-delegated permit application. The
			 Department may not find the site certificate application to be complete before
			 receiving copies of all federally-delegated permit applications and a letter or
			 other indication from each agency responsible for issuing a federally-delegated
			 permit stating that the agency has received the permit application, identifying
			 any additional information the agency is likely to need from the applicant and
			 estimating the date when the agency will complete its review and issue a permit
			 decision.
(7) If the proposed
			 facility is a non-generating facility for which the applicant must demonstrate
			 need under OAR 345-023-0005, in addition to the application for a site
			 certificate described in 345-021-0010, the applicant must submit, to the
			 Department, two copies of each energy resource plan or combination of plans on
			 which the applicant relies to demonstrate need under OAR 345-023-0020, unless
			 the applicant chooses to incorporate copies of the plans as part of the
			 application for a site certificate. The applicant must submit the plans to the
			 Department with the site certificate application. The Department may not find
			 the site certificate application to be complete before receiving copies of the
			 plans. The plans described in this section are part of the decision record for
			 the Department's proposed order, described in OAR 345-015-0230.
(8) The applicant must submit an application
			 for a site certificate to the Department with 25 percent of the fee the
			 Department determines necessary for review of the application under ORS
			 469.421(3),
			 payable to the Oregon Department of Energy. The applicant must pay the balance
			 of the fee periodically, as specified by the Department.
(9) 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. For the purpose of determining the applicable
			 substantive criteria under ORS
			 469.504(1)(b)(A),
			 the date the preliminary application is received by the Department is the date
			 the application is submitted.
Statutory/Other Authority:
ORS
				  469.373  & 469.470
Statutes/Other Implemented:
ORS
				  469.350,
				  469.370  & 469.421