Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 15 - PROCEDURES GOVERNING COUNCIL AND DEPARTMENT OF ENERGY PROCEEDINGS, INCLUDING SITE CERTIFICATE HEARINGS › Section 345-015-0016 - Requests for Party or Limited Party Status in Contested Cases on Applications for a Site Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding OAR 137-003-0005(2), a person requesting to participate as a
			 party or limited party in a contested case proceeding must submit a petition to
			 the hearing officer by the date specified in the Department's notice issued
			 under OAR 345-015-0230.
(2) Persons
			 who have an interest in the outcome of the Council's contested case proceeding
			 or who represent a public interest in such result may request to participate as
			 parties or limited parties.
(3)
			 Except as described in section (4) of this rule, only those persons who have
			 commented in person or in writing on the record of the public hearing described
			 in OAR 345-015-0220  may request to participate as a party or limited party in a
			 contested case proceeding on an application for a site certificate. To raise an
			 issue in a contested case proceeding, the issue must be within the jurisdiction
			 of the Council, and the person must have raised the issue in person or in
			 writing on the record of the public hearing, unless the Department did not
			 follow the requirements of ORS
			 469.370(2)
			 or (3) or unless the action recommended in
			 the proposed order described in OAR 345-015-230, including any recommended
			 conditions of approval, differs materially from the action recommended in the
			 draft proposed order, in which case the person may raise only new issues within
			 the jurisdiction of the Council that are related to such differences. If a
			 person has not raised an issue at the public hearing with sufficient
			 specificity to afford the decision maker an opportunity to respond to the
			 issue, the hearing officer may not consider the issue in the contested case
			 proceeding. To have raised an issue with sufficient specificity, the person
			 must have presented facts at the public hearing that support the person's
			 position on the issue.
(4)
			 Following a Council decision to grant a contested case hearing under OAR
			 345-015-0310, only those persons who have commented in person or in writing on
			 the record of the public hearing described in OAR 345-015-0320  may request to
			 participate as a party or limited party in a contested case proceeding on an
			 application for a site certificate. To raise an issue in a contested case
			 proceeding, the issue must be within the jurisdiction of the Council, and the
			 person must have raised the issue in person or in writing on the record of the
			 public hearing. If a person has not raised an issue at the public hearing with
			 sufficient specificity to afford the decision maker an opportunity to respond
			 to the issue, the hearing officer may not consider the issue in the contested
			 case proceeding. To have raised an issue with sufficient specificity, the
			 person must have presented facts at the public hearing that support the
			 person's position on the issue.
(5)
			 In a petition to request party or limited party status, the person requesting
			 such status must include:
(a) The information
			 required under OAR 137-003-0005(3);
(b) A short and plain statement of the issue
			 or issues that the person desires to raise in the contested case proceeding;
			 and
(c) A reference to the person's
			 comments at the public hearing showing that the person raised the issue or
			 issues at the public hearing.