Or. Admin. Code § 345-015-0200 - Notice to Agencies that the Application is Complete

(1) After receiving notification from the Department that the application is complete, the applicant must prepare an application supplement that includes all amendments to the preliminary application and all additional information requested by the Department before the determination of completeness.

(2) The applicant must submit to the Department, two printed copies of the application supplement, and an electronic version of the application supplement in a non-copy-protected format acceptable to the Department. The applicant must submit additional printed copies of the application supplement to the Department upon request.

(3) After receiving the application supplement, the Department must determine a distribution date and prepare a distribution list that includes, but is not limited to, the reviewing agencies for the application.

(4) Except as described in OAR 345-015-0310, and unless the Department directs otherwise, the applicant must mail or email an electronic copy of the application supplement to each person on the distribution list provided by the Department on or before the distribution date. The applicant must provide a printed copy of all or part of the application supplement to a person on the mailing list upon request.

(5) If the Department determines it is necessary to present the amendments and additional information described in section (1) of this rule clearly, the Department may require the applicant to provide a complete revision of the preliminary application in place of the application supplement under sections (2) and (4) of this rule.

(6) After the date of filing, the Department must prepare a notice for distribution. In the notice, the Department must:

(a) State the date of filing;

(b) Explain that if a person intends to raise an issue in the contested case, the person must raise the issue in the manner described in OAR 345-015-0415;

(c) State a date by which the Department and the applicant must receive the reports described in sections (d) through (f) below;

(d) Request an agency report containing the following information:

(A) The agency's recommendations regarding any applications for permits administered by the agency that are applicable to construction or operation of the proposed facility;

(B) Issues significant to the agency;

(C) The agency's conclusions concerning the proposed facility's compliance with state statutes, administrative rules or ordinances administered by the agency;

(D) A list of site certificate conditions recommended by the agency; and

(E) Any other information that the reviewing agency believes will be useful to the Council in reviewing the site certificate application.

(e) Request a report from the affected local government regarding the proposed facility's compliance with the applicable substantive criteria for a land use decision under ORS 469.504(1)(b).

(f) Request a report from the affected local government that describes any land use decisions made under ORS 469.504(1)(a).

(g) Explain that the reports described in sections (d) through (f) above are part of the decision record for the application for a site certificate.

Notes

Or. Admin. Code § 345-015-0200

EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 10-2019, amend filed 10/04/2019, effective 10/7/2019; EFSC 1-2023, amend filed 08/29/2023, effective 8/29/2023; EFSC 2-2024, amend filed 10/01/2024, effective 10/1/2024

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.350