Or. Admin. Code § 345-015-0230 - Council Review and the Department of Energy's Proposed Order

(1) Following the close of the record of the public hearing conducted under OAR 345-015-0220, the Energy Facility Siting Council must review the draft proposed order. In accordance with ORS 469.370(3), when the Council meets to review a draft proposed order, the Council may not permit the applicant, reviewing agencies or the public to comment on any issue that may be the basis for a contested case.

(2) Following the Council's meeting to review the draft proposed order, the Department must issue a proposed order in accordance with ORS 469.370(4), taking into consideration the comments of the Council, any public comments made at a public hearing, written comments received before the close of the record of the public hearing, and agency consultation. In the proposed order, the Department must recommend either granting a site certificate with conditions or denying a site certificate for the proposed facility.

(3) Following issuance of the proposed order, the Department must issue a public notice of the proposed order, subject to the following:

(a) The public notice of the proposed order must include:

(A) A description of the facility and the facility's general location;

(B) A summary of the recommendations included in the Proposed Order;

(C) A description of the process and deadline for requests to participate as a party or limited party in the contested case under OAR 345-015-0415;

(D) The date of the prehearing conference, if any;

(E) The date of the hearing; and

(F) The deadline for the Department and the applicant or certificate holder to respond to petitions for party status; and

(b) The Department must send the notice by mail or email to:

(A) All persons on the Council's general mailing list;

(B) All persons on any special mailing list set up for the proposed project;

(C) All persons who commented in person or in writing on the record of the public hearing conducted under OAR 345-015-0220; and

(D) The property owners listed in Exhibit F of the site certificate application, as updated by the applicant upon the request of the Department.

(E) The land management agency or organizations with jurisdiction over the protected areas identified in the proposed order.

(4) On the same date as notice is issued under section (3) of this rule, the Department must notify the applicant that the applicant must notify the hearing officer and the Department of any issues the applicant intends to raise in the contested case proceeding by the date established in paragraph (3)(a)(C) of this rule.

Notes

Or. Admin. Code § 345-015-0230

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 1-2012, f. & cert. ef. 5-15-12; EFSC 1-2020, amend filed 01/28/2020, effective 1/28/2020; 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 469.370