reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0015 - Siting Standards for Wind Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a proposed wind energy
				facility, the Council must find that the applicant can design and construct the
				facility to reduce cumulative adverse environmental effects in the vicinity by
				practicable measures including, but not limited to, the following:
(1) Using existing roads to provide access to
			 the facility site, or if new roads are needed, minimizing the amount of land
			 used for new roads and locating them to reduce adverse environmental
			 impacts.
(2) Using underground
			 transmission lines and combining transmission routes.
(3) Connecting the facility to existing
			 substations, or if new substations are needed, minimizing the number of new
			 substations.
(4) Designing the
			 facility to reduce the risk of injury to raptors or other vulnerable wildlife
			 in areas near turbines or electrical equipment.
(5) Designing the components of the facility
			 to minimize adverse visual features.
(6) Using the minimum lighting necessary for
			 safety and security purposes and using techniques to prevent casting glare from
			 the site, except as otherwise required by the Federal Aviation Administration
			 or the Oregon Department of Aviation.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0030 - Public Health and Safety Standards for Surface Facilities Related to Underground Gas Storage Reservoirs

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a proposed surface facility
				related to an underground gas storage reservoir, the Council must make the
				following findings:
(1) The proposed
			 facility is located at distances in accordance with the schedule below from any
			 existing permanent habitable dwelling:
(a)
			 Major facilities, such as compressor stations, stripping plants and main line
			 dehydration stations -- 700 feet.
(b) Minor facilities, such as offices,
			 warehouses, equipment shops and odorant storage and injection equipment -- 50
			 feet.
(c) Compressors rated less
			 than 1,000 horsepower -- 350 feet.
(d) Roads and road maintenance equipment
			 housing -- 50 feet.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0090 - Siting Standards for Transmission Lines

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a facility that includes any
				transmission line under Council jurisdiction, the Council must find that the
				applicant:
(1) Can design, construct
			 and operate the proposed transmission line so that alternating current electric
			 fields do not exceed 9 kV per meter at one meter above the ground surface in
			 areas accessible to the public;
(2)
			 Can design, construct and operate the proposed transmission line so that
			 induced currents resulting from the transmission line and related or supporting
			 facilities will be as low as reasonably achievable.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0500 - Standards for Fossil-Fueled Power Plants and Energy Facilities that Emit Carbon Dioxide

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding OAR 345-024-0503  through 345-024-0720, to issue a site
			 certificate for a fossil-fueled power plant on or after September 25, 2021, the
			 Council must find that the facility will only generate electricity in a manner
			 that does not emit greenhouse gasses into the atmosphere.
(2) If the facility will rely on carbon
			 capture, sequestration, and storage to satisfy the requirements of section (1),
			 the Council must find that the certificate holder has demonstrated that the
			 structures, systems, components, and monitoring programs at the facility are
			 reasonably likely to result in the permanent capture, sequestration, and
			 storage of greenhouse gasses that result from the generation of electricity at
			 the facility.
(3) To issue a site
			 certificate for a nongenerating facility that will emit carbon dioxide into the
			 atmosphere, the Council must find that the energy facility complies with the
			 carbon dioxide emissions standard under OAR 345-024-0620.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS 469.413(1),
				  469.501  & 469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0503 - Definitions for OAR 345-024-0500 to 345-024-0720

Current through Register Vol. 63, No. 7, July 1, 2024
In OAR 345-024-0500  to 345-024-0720, unless the context
				requires otherwise terms have the meaning provided in ORS
				469.300,
				469.503(2)(e)
				and the following definitions:
(1)
			 "Gross carbon dioxide emissions" as defined in ORS
			 469.503(2)(e).
			 The Council must measure the gross carbon dioxide emissions of a fossil-fueled
			 power plant on a new and clean basis. For nongenerating energy facilities that
			 emit carbon dioxide, the Council must measure the gross carbon dioxide
			 emissions as described in OAR 345-024-0620(1).
(2) "Natural gas-fired facility" means an
			 energy facility that is intended to be fueled by natural gas except for
			 infrequent periods when the natural gas supply is interrupted, during which an
			 alternate fuel may be used. Such alternate fuel use may not exceed 10 percent
			 of expected fuel use in British thermal units, higher heating value on an
			 annual basis.
(3) "New and clean
			 basis" means the average carbon dioxide emissions rate per hour and net
			 electric power output of the energy facility, without degradation. The site
			 certificate holder must determine the new and clean basis:
(a) By a 100-hour test at full power that the
			 site certificate holder completes during the first 12 months of commercial
			 operation of the energy facility, unless the Council specifies a different
			 testing period for a non-base load power plant (or power augmentation) or a
			 nongenerating energy facility. A 100-hour test performed for purposes of the
			 certificate holder's commercial acceptance of the facility may suffice in lieu
			 of testing after beginning commercial operation;
(b) With the results adjusted for the average
			 annual site condition for temperature, barometric pressure and relative
			 humidity and use of alternative fuels unless the Council specifies that the
			 results for a non-base load power plant (or power augmentation) or a
			 nongenerating energy facility be adjusted for the average temperature,
			 barometric pressure and relative humidity at the site during the times of the
			 year when the facility is intended to operate;
(c) Using a rate of 117 pounds of carbon
			 dioxide per million Btu of natural gas fuel (higher heating value);
			 and,
(d) Using a rate of 161 pounds
			 of carbon dioxide per million Btu of distillate fuel (higher heating value), if
			 such fuel use is proposed by the applicant.
(e) Notwithstanding subsection (a) and
			 including subsections (b) through (d), for a facility that employs major power
			 generating equipment that has previously been used, the new and clean basis
			 means the average carbon dioxide emissions rate and net electric power output
			 for the first use of the equipment at the site, as determined by historical
			 data from the previous usage or by testing on site.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0510

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.470 &
				  469.503
Stats. Implemented: ORS
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0560 - Means of Compliance for Base Load Gas Plants

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant may elect to use any of the following means, or
				any combination thereof, to comply with the carbon dioxide emissions standard
				for base load gas plants. For a base load gas plant designed with power
				augmentation technology, the applicant shall comply with the standard for a
				non-base load power plant in the manner as described in OAR 345-024-0600  for
				the incremental carbon dioxide emissions from the designed operation of the
				power augmentation technology.
(1)
			 Designing and operating the facility to produce electrical and thermal energy
			 sequentially from the same fuel source and using the thermal energy to displace
			 another source of carbon dioxide emissions from fossil fuel that would have
			 otherwise continued to occur. The Council shall adopt site certificate
			 conditions ensuring that the carbon dioxide emissions reduction will be
			 achieved.
(2) Implementing offset
			 projects directly or through a third party, pursuant to OAR 345-024-0680. The
			 Council may adopt site certificate conditions ensuring that the proposed offset
			 projects are implemented by the date specified in the site certificate, but
			 shall not require that predicted levels of avoidance, displacement or
			 sequestration of greenhouse gas emissions be achieved.
(3) Providing offset funds, directly or
			 through a third party, in an amount deemed sufficient to produce the reduction
			 in greenhouse gas emissions necessary to meet the applicable carbon dioxide
			 emissions standard. The applicant or third party shall use the funds as
			 specified in OAR 345-024-0710. The Council shall deem the payment of the
			 monetary offset rate, pursuant to OAR 345-024-0580, to result in a reduction of
			 one ton of carbon dioxide emissions. The Council shall determine the offset
			 funds using the monetary offset rate and the level of emissions reduction
			 required to meet the applicable standard. If the Council issues a site
			 certificate based on this section, the Council may not adjust the amount of the
			 offset funds based on the actual performance of offsets.
(4) Any other means that the Council adopts
			 by rule for demonstrating compliance with the carbon dioxide emissions
			 standard.
(5) If the Council or a
			 court on judicial review concludes that the applicant has not demonstrated
			 compliance with the applicable carbon dioxide emissions standard under sections
			 (1), (2) or (4) of this rule, or any combination thereof, and the applicant
			 agrees to meet the requirements of section (3) for any deficiency, the Council
			 or a court shall find compliance based on such agreement.
Stat. Auth.: ORS
				  469.470 &
				  469.503
Stats. Implemented: ORS
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0570 - Modification of the Standard for Base Load Gas Plants

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may by rule modify the carbon dioxide emissions
				standard for base load gas plants in OAR 345-024-0550  if the Council finds that
				the most efficient stand-alone combined cycle, combustion turbine, natural
				gas-fired energy facility that is commercially demonstrated and operating in
				the United States has a net heat rate of less than 5,907 Btu per kilowatt hour
				higher heating value adjusted to ISO conditions. In modifying the carbon
				dioxide emission standard, the Council shall determine the rate of carbon
				dioxide emissions per kilowatt hour of net electric output of such energy
				facility, adjusted to ISO conditions and reset the carbon dioxide emissions
				standard at 17 percent below this rate.
Statutory/Other Authority: ORS
				  469.470,
				  ORS
				  469.501  & ORS
				  469.503
Statutes/Other Implemented: ORS
				  469.501  & ORS
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0580 - Monetary Offset Rate

Current through Register Vol. 63, No. 7, July 1, 2024
The monetary offset rate is $4.27 per ton of carbon dioxide
				emissions.
Statutory/Other Authority: ORS
				  469.470  &
				  469.503
Statutes/Other Implemented: ORS
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0610 - Modification of the Standard for Non-Base Load Power Plants

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may by rule modify the carbon dioxide emissions
				standard for non-base load power plants in OAR 345-024-0590  so that the
				standard remains equivalent to the standard for the net carbon dioxide
				emissions rate of a base load gas plant, subject to the principles described in
				OAR 345-024-0510.
Stat. Auth.: ORS
				  469.470 &
				  469.503
Stats. Implemented: ORS
				  469.501 &
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0640 - Modification of the Standard for Nongenerating Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may by rule modify the carbon dioxide emissions
				standard for nongenerating energy facilities in OAR 345-024-0620  so that it
				remains equivalent to the standard for the net carbon dioxide emissions rate of
				a base load power plant.
Stat. Auth.: ORS
				  469.470 &
				  469.501
Stats. Implemented: ORS
				  469.501 &
				  469.503
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0680 - Carbon Dioxide Offset Projects

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies if the applicant elects to meet the
				applicable carbon dioxide emissions standard in whole or in part under OAR
				345-024-0550(3), OAR 345-024-0560(2), OAR 345-024-0590(3), OAR 345-024-0600(2),
				OAR 345-024-0620(3), or OAR 345-024-0630(1).
(1) Types of offset projects include, but are
			 not limited to: energy efficiency, including demand-side management measures
			 for electricity and natural gas; electricity generation from renewable energy;
			 fuel switching; carbon dioxide sequestration through afforestation,
			 reforestation, forest management and forest conservation; flue gas carbon
			 dioxide sequestration; methane capture and destruction from landfill and biogas
			 methane (animal waste and waste water) or from fugitive methane emissions from
			 existing or abandoned coal mines; nitrogen fertilizer management in
			 agricultural applications; and vehicle carbon dioxide emissions
			 reductions.
(2) In order to approve
			 an offset project, the Council must find that:
(a) The offset project is likely to result in
			 an avoidance, reduction or displacement of actual greenhouse gas emissions from
			 fossil fuels or the sequestration of greenhouse gas emissions resulting from
			 specific and identifiable actions;
(b) The Council can quantify the amount of
			 greenhouse gas offsets, taking into consideration any proposed measurement,
			 monitoring, evaluation and verification of offset project measure
			 performance;
(c) The offsets are
			 not susceptible to double-counting. For offsets from demand-side management
			 measures reducing use of utility-provided electricity or natural gas, it may
			 suffice that the certificate holder or its agent notify the utility that the
			 certificate holder claims ownership of the greenhouse gas reductions;
(d) The applicant will own all greenhouse gas
			 offsets that it proposes to provide;
(e) The applicant has provided a form of the
			 instrument, satisfactory to the Council, through which the applicant will
			 transfer all offsets from a project that an applicant will own to the Council
			 for the Council to hold in trust;
(f) The applicant has the financial and
			 institutional capability to deliver the project for its duration; and
(g) The applicant has provided an adequate
			 monitoring and evaluation plan and an adequate plan for independent
			 verification of the offsets. The monitoring and evaluation plan and the
			 verification plan shall detail the record-keeping, data collection, data
			 storage, data management program, and reporting guidelines and
			 procedures.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 25 - SITE CERTIFICATE CONDITIONS › Section 345-025-0006 - Mandatory Conditions in Site Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
The Council must impose the following conditions in every site
				certificate. The Council may impose additional conditions.
(1) The Council may not change the conditions
			 of the site certificate except as provided for in OAR chapter 345, division
			 27.
(2) The certificate holder must
			 submit a legal description of the site to the Department within 90 days after
			 beginning operation of the facility. The legal description required by this
			 rule means a description of metes and bounds or a description of the site by
			 reference to a map and geographic data that clearly and specifically identify
			 the outer boundaries that contain all parts of the facility.
(3) The certificate holder must design,
			 construct, operate and retire the facility:
(a) Substantially as described in the site
			 certificate;
(b) In compliance with
			 the requirements of ORS Chapter 469, applicable Council rules, and applicable
			 state and local laws, rules and ordinances in effect at the time the site
			 certificate is issued; and
(c) In
			 compliance with all applicable permit requirements of other state
			 agencies.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 25 - SITE CERTIFICATE CONDITIONS › Section 345-025-0010 - Site-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may include the following conditions, as
				appropriate, in the site certificate:
(1) If the facility uses coal, the
			 certificate holder must take all necessary steps to ensure that surface and
			 groundwater are not contaminated by run off or seepage associated with coal or
			 ash storage, transport or disposal. The certificate holder must handle coal and
			 ash so as to minimize the likelihood of coal dust and ash being windblown and
			 causing an environmental or public health problem. If the certificate holder
			 permanently disposes of ash on the facility site, the certificate holder must
			 cover the ash with a layer of topsoil and revegetate the area.
(2) If the energy facility or related or
			 supporting facility is a natural gas pipeline, the certificate holder must
			 submit to the Department copies of all incident reports involving the pipeline
			 required under
			 49
			 CFR Sec. 191.15.
(3) If the facility includes any pipeline
			 under Council jurisdiction:
(a) The
			 certificate holder must design, construct and operate the pipeline in
			 accordance with the requirements of the U.S. Department of Transportation as
			 set forth in  Title 49, Code of Federal Regulations, Part 192, in effect on
			 August 15, 2011; and
(b) The
			 certificate holder must develop and implement a program using the best
			 available practicable technology to monitor the proposed pipeline to ensure
			 protection of public health and safety.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 25 - SITE CERTIFICATE CONDITIONS › Section 345-025-0016 - Monitoring and Mitigation Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
In the site certificate, the Council must include conditions
				that address monitoring and mitigation to ensure compliance with the standards
				contained in OAR Chapter 345, Division 22 and Division 24. The site certificate
				applicant, or for an amendment, the certificate holder, must develop proposed
				monitoring and mitigation plans in consultation with the Department and, as
				appropriate, other state agencies, local governments and tribes. Monitoring and
				mitigation plans are subject to Council approval. The Council must incorporate
				approved monitoring and mitigation plans in applicable site certificate
				conditions.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.401,
				  469.501,
				  469.503  & 469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the rules in this division is to ensure that the
				construction, operation and retirement of facilities are accomplished in a
				manner consistent with the protection of the public health, safety and welfare
				and the protection of the environment.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.310,
				  469.410,
				  469.430 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0010 - Legislative Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under ORS 469.430, the Council has
			 continuing authority over the site for which a site certificate is issued and
			 may inspect, direct the Department of Energy to inspect, or ask another state
			 agency or local government to inspect, the site at any time to ensure that the
			 certificate holder is operating the facility in compliance with the terms and
			 conditions of the site certificate.
(2) For facilities subject to ORS
			 469.410 as having been built
			 prior to July 2, 1975, the Council has continuing authority over the site for
			 which a site certificate is issued and may inspect, or direct the Department to
			 inspect, or ask another state agency or local government to inspect, the site
			 at any time to ensure that the facility is being operated in compliance with
			 the terms and conditions of the site certificate and any applicable health or
			 safety standards.
(3) According to
			 ORS 469.410, the Council shall
			 establish programs for monitoring the environmental and ecological effects of
			 the operation and decommissioning of energy facilities subject to site
			 certificates issued prior to July 2, 1975, to ensure continued compliance with
			 the terms and conditions of the site certificate and any applicable health or
			 safety standards.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.310,
				  469.410,
				  469.430 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0015 - Scope and Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 the extent that any rules in this division conflict or are inconsistent with
			 administrative rules lawfully adopted by other state agencies, these rules are
			 controlling, except as prohibited by law. The Council shall resolve such
			 conflicts in consultation with the affected agencies and in a manner consistent
			 with the public interest.
(2) To
			 the extent that any rules in this division conflict or are inconsistent with a
			 condition contained in a site certificate (or amendment thereto), the latter is
			 controlling.
(3) Certificate
			 holders shall comply with all applicable lawful rules and requirements of
			 federal agencies.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.401, ORS
				  469.503 & ORS
				  469.504
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0048 - Compliance Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Following receipt of a site certificate or an amended site
				certificate, the certificate holder shall implement a plan that verifies
				compliance with all site certificate terms and conditions and applicable
				statutes and rules. As a part of the compliance plan, to verify compliance with
				the requirement to begin construction by the date specified in the site
				certificate, the certificate holder shall report promptly to the Department of
				Energy when construction begins. Construction is defined in OAR 345-001-0010.
				In reporting the beginning of construction, the certificate holder shall
				describe all work on the site performed before beginning construction,
				including work performed before the Council issued the site certificate, and
				shall state the cost of that work. For the purpose of this exhibit, "work on
				the site" means any work within a site or corridor, other than surveying,
				exploration or other activities to define or characterize the site or corridor.
				The certificate holder shall document the compliance plan and maintain it for
				inspection by the Department or the Council.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.310,
				  469.410,
				  469.430 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0050 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 provisions:
(a) Each certificate holder shall
			 allow properly identified representatives of the Council or Department of
			 Energy to inspect the facility during construction, operation and retirement,
			 including all materials, activities, related or supporting facilities, premises
			 and records pertaining to design, construction, operation or retirement of the
			 facility at any time.
(b) The
			 certificate holder's representative may accompany Council or Department
			 inspectors during an inspection.
(c) Council or Department inspectors may
			 refuse to permit any individual who deliberately interferes with a fair and
			 orderly inspection to be present during an inspection.
(d) The Department shall maintain written
			 records of facility inspections. If the inspector finds any potential
			 violations of state, federal or local law, Council rules, a Council order or
			 site certificate conditions, the inspector shall promptly notify the
			 certificate holder's onsite manager or designee.
(e) If the inspector finds any actual or
			 potential violations of state, federal or local law, Council rules, a Council
			 order, or site certificate conditions or warranties, the inspector shall notify
			 the Council secretary, the Council and the certificate holder. The Council
			 secretary shall be responsible for reporting all pertinent findings to the
			 Council at its next scheduled meeting.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0080 - Reporting Requirements for Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General reporting obligation for energy
			 facilities under construction or operating:
(a) Within six months after beginning
			 construction, and every six months thereafter during construction of the energy
			 facility and related or supporting facilities, the certificate holder shall
			 submit a semiannual construction progress report to the Department of Energy.
			 In each construction progress report, the certificate holder shall describe any
			 significant changes to major milestones for construction. The certificate
			 holder shall report on the progress of construction and shall address the
			 subjects listed in subsections (2)(a), (d), (f) and (g). When the reporting
			 date coincides, the certificate holder may include the construction progress
			 report within the annual report described in this rule.
(b) After January 1 but no later than April
			 30 of each year after beginning operation of the facility, the certificate
			 holder shall submit an annual report to the Department addressing the subjects
			 listed in subsection (2). For the purposes of this rule, the beginning of
			 operation of the facility means the date when construction of a significant
			 portion of the facility is substantially complete and the certificate holder
			 begins commercial operation of the facility as reported by the certificate
			 holder and accepted by the Department. The Council Secretary and the
			 certificate holder may, by mutual agreement, change the reporting
			 date.
(c) To the extent that
			 information required by this rule is contained in reports the certificate
			 holder submits to other state, federal or local agencies, the certificate
			 holder may submit excerpts from such other reports to satisfy this rule. The
			 Council reserves the right to request full copies of such excerpted
			 reports.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0105 - Correspondence With Other State or Federal Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
The certificate holder and the Department of Energy shall
				exchange copies of all correspondence or summaries of correspondence related to
				compliance with statutes, rules and local ordinances on which the Council
				determined compliance, except for material withheld from public disclosure
				under state or federal law or under Council rules. The certificate holder may
				submit abstracts of reports in place of full reports; however, the certificate
				holder shall provide full copies of abstracted reports and any summarized
				correspondence at the request of the Department..
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.310,
				  469.410,
				  469.430 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0170 - Notification of Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
The certificate holder must notify the Department of Energy
				within 72 hours of any occurrence involving the facility if:
(1) There is an attempt by anyone to
			 interfere with its safe operation.
(2) There is a significant natural event such
			 as a fire, earthquake, flood, tsunami or tornado, or human-caused event such as
			 a fire or explosion.
(3) There is
			 any fatal injury at the facility.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.310,
				  469.410,
				  469.430 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0300 - Regulations Applicable to the Trojan Independent Spent Fuel Storage Installation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requirements of OAR 345-026-0300  through 345-026-0390  apply exclusively to the
			 Trojan Independent Spent Fuel Storage Installation (ISFSI).
(2) The purpose of these rules is to
			 cooperate with the federal government in accordance with Oregon's siting policy
			 in ORS
			 469.310 to ensure the
			 safety of interim on-site storage and to ensure spent nuclear fuel and related
			 radioactive materials and waste will not be an undue financial burden to
			 utilities or people of Oregon.
(3)
			 References to the Code of Federal Regulations in these rules refer to
			 regulations in place as of August 9, 2019.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.410  & 469.501
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0330

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.501 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0340 - Security Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 certificate holder must establish and maintain a security plan that complies
			 with
			 10 CFR
			 72.44(e).
(2) The certificate holder must make the
			 security plan, and any revisions, available for inspection by authorized
			 representatives of the Council and Director upon request. The certificate
			 holder, Department, and Council must protect information in the plan that falls
			 within the definitions of "security program" or "safeguards information" in OAR
			 345-070-0015  from unauthorized disclosure in accordance with
			 10
			 CFR 73.21,
			 73.22
			 and OAR chapter 345, division 070.
(3) The certificate holder may not make
			 changes to the security plan that could: reduce the ability to detect or
			 prevent unauthorized entry, reduce the ability to detect or prevent the
			 introduction of unauthorized material into a Protected Area, or otherwise
			 reduce the effectiveness of the plan without prior written approval from the
			 Council and Director, as required by ORS
			 469.530.
(4) The certificate holder may make changes
			 to the security plan that do not reduce the effectiveness of the plan without
			 prior approval from the Council and Director. The certificate holder must
			 notify the Department of any changes made under this section within 60 days
			 after the implementation date of the changes. The Department must promptly
			 notify the Council of the changes at a scheduled Council meeting, subject to
			 the provisions of OAR chapter 345, division 070.
Publications: The publications referenced are available from
				  the agency.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.410,
				  469.501  & 469.530
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0350 - Emergency Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 certificate holder must follow and maintain an emergency plan that is approved
			 by the Council.
(2) The certificate
			 holder may not make changes to the emergency plan that would decrease the
			 effectiveness of the plan or the plan's requirements for notification of
			 off-site agencies without the Council's prior approval.
(3) The certificate holder may make changes
			 to the plan that would not reduce its effectiveness without the Council's prior
			 approval. The certificate holder must notify the Department of any changes made
			 under this section within 30 days after the implementation date of the changes.
			 The Department must promptly notify the Council of the changes at a scheduled
			 Council meeting.
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.410,
				  469.501,
				  469.530  & 469.533
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0370 - ISFSI Decommissioning Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The certificate holder must submit a
			 final plan for decommissioning the ISFSI to the Department for Council
			 approval. The plan must be submitted to the Council in a form and in a schedule
			 consistent with that required by the U.S. Nuclear Regulatory Commission. When
			 the Department receives a decommissioning plan, the Department must:
(a) Issue notice to the Council's mailing
			 list that the decommissioning plan has been submitted. The notice must include:
(A) The time and place of at least one
			 informational hearing;
(B) The
			 locations where copies of the proposed plan may be reviewed by the public;
			 and
(C) A contact name for further
			 information.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 26 - CONSTRUCTION AND OPERATION RULES FOR FACILITIES › Section 345-026-0390 - Spent Nuclear Fuel Storage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The certificate holder may store a
			 maximum of 791 complete and partial fuel assemblies and storage of containers
			 with nuclear fuel materials at an Independent Spent Fuel Storage Installation
			 (ISFSI) at the site of the former Trojan Nuclear Plant, subject to the
			 requirements of OAR 345-026-0300  through 345-026-0390.
(a) The ISFSI must be designed to maintain
			 discharges within the limits specified in applicable licenses authorized under
			 the Atomic Energy Act of 1954, as amended, and any applicable permits issued
			 under the National Pollutant Discharge Elimination System;
(b) The ISFSI must be designed such that in
			 case of accidents the projected dose to an individual outside of the Controlled
			 Area Boundary will not exceed 1 rem over four days.
(c) The ISFSI may not be used to store any
			 spent nuclear fuel or radioactive materials and wastes other than that
			 generated or used in the operation of the former Trojan Nuclear
			 Plant.
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 345-027-0000 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.470
Stats. 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 345-027-0011

Current through Register Vol. 63, No. 7, July 1, 2024
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 345-027-0013

Current through Register Vol. 63, No. 7, July 1, 2024
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 345-027-0020 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.401 &
				  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 345-027-0023 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.401,
				  469.501 &
				  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 345-027-0028 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.401,
				  469.501,
				  469.503 &
				  469.507
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 345-027-0030 - Amendment to Extend Construction Beginning and Completion Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The certificate
			 holder may request an amendment to extend the deadlines for beginning or
			 completing construction of the facility that the Council has specified in a
			 site certificate or an amended site certificate. The certificate holder shall
			 submit a request that includes an explanation of the need for an extension and
			 that conforms to the requirements of 345-027-0060  no later than six months
			 before the date of the applicable deadline, or, if the certificate holder
			 demonstrates good cause for the delay in submitting the request, no later than
			 the applicable deadline.
(2) A
			 request within the time allowed in section (1) to extend the deadlines for
			 beginning or completing construction suspends those deadlines until the Council
			 acts on the request.
(3) The
			 Council shall review the request for amendment as described in OAR
			 345-027-0070.
(4) If the Council
			 grants an amendment under this rule, the Council shall specify new deadlines
			 for beginning or completing construction that are not more than two years from
			 the deadlines in effect before the Council grants the amendment.
(5) To grant an amendment extending the
			 deadline for beginning or completing construction of an energy facility subject
			 to OAR 345 024 0550, 345 024 0590, or 345 024 0620, the Council must find that
			 the facility complies with the carbon dioxide standard in effect at the time of
			 the Council's order on the amendment.
Stat. Auth.: ORS
				  469.470
Stats. 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 345-027-0050

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 345-027-0051

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 345-027-0053

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 345-027-0055

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 345-027-0057

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 345-027-0059

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 345-027-0060

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 345-027-0063

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 345-027-0065

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 345-027-0067

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 345-027-0068

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 345-027-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.470
Stats. 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 345-027-0071

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  469.470
Statutes/Other Implemented: ORS
				  469.405