Or. Admin. R. 330-200-0090 - Amendments
(1) The grantee
must submit a written amendment request to the director to amend a performance
agreement or change any aspect of the renewable energy production
system.
(2) The grantee must
describe the proposed change to the performance agreement or renewable energy
production system and the reasons for the change.
(3) The grantee must demonstrate that the
system, with the proposed change, will continue to meet the requirements of
statute, rule and the Opportunity Announcement; be technically feasible, will
operate as represented and will remain in operation for at least five years.
The grantee has the responsibility to provide an amendment request with
complete technical documentation supporting the proposed amendment. The
department may deny amendments submitted without such justification.
(4) If an amendment request does not include
all information needed to complete the review, the department may provide the
grantee a written request for additional information. If the grantee does not
provide the requested information to the department within 30 calendar days,
the department may deny the request.
(5) Requests for amendments must include
payment of the appropriate fee. The department may accept non-substantive
changes, such as change of contact information, without payment of the
fee.
(6) The department will
evaluate amendments to determine if the change would have affected the outcome
of competitive review, which may result in pro-rating the award amount, based
on energy generated or project cost, or denial of the amendment
request.
(7) Amendment requests
will not be approved if the amendment would result in an increased award
amount.
(8) The department will
decide whether to approve the request.
(a) If
approved, the department will draft an amended performance agreement, which may
contain new or amended conditions and requirements. The amended performance
agreement will become effective upon signature by all parties.
(b) If denied, the department will notify the
grantee in writing. The notice will include the reasons for the denial of the
amendment request. The amendment fee will not be applied to future
amendments.
(c) The grantee may
accept the denial of the amendment request and comply with the terms of the
performance agreement or the grantee may terminate the performance agreement
according to its terms and return any grant funds previously
disbursed.
Notes
Stat. Auth.: ORS 469B.250 - 469B.265
Stats. Implemented: ORS 469B.250 - 469B.265
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