Or. Admin. Code § 345-027-0110 - Termination of a Site Certificate
(1) A certificate
holder may apply to the Council to terminate a site certificate at any time,
subject to the requirements of this rule.
(2) A certificate holder must apply to the
Council to terminate a site certificate within two years following cessation of
construction or operation of the facility.
(3) If the certificate holder fails to apply
to the Council to terminate the site certificate and the Council finds that the
certificate holder has permanently ceased construction or operation of the
facility, then the Council may terminate the site certificate according to the
procedure described in OAR
345-025-0006(16).
(4) In an application for termination of the
site certificate, the certificate holder must include a proposed final
retirement plan for the facility and site. The certificate holder must submit
two printed copies of the application for termination and the proposed final
retirement plan, and an electronic version of the application for termination
and the proposed final retirement plan in a non-copy-protected electronic
format acceptable to the Department. The certificate holder must submit
additional printed copies of the application for termination and the proposed
final retirement plan to the Department upon request.
(5) In the proposed final retirement plan,
the certificate holder must include:
(a) A
plan for retirement that provides for completion of retirement without
significant delay and that protects public health, safety and the
environment;
(b) A description of
actions the certificate holder proposes to take to restore the site to a
useful, non-hazardous condition, including information on how impacts to fish,
wildlife and the environment would be minimized during the retirement
process;
(c) A current detailed
cost estimate and a plan for ensuring the availability of adequate funds for
completion of retirement; and
(d)
An updated list of property owners, as described in OAR
345-021-0010(3)(c).
(6) Within 15 days after receiving
an application for termination of a site certificate, the Department must:
(a) Send a notice of the application,
specifying a date by which comments on the application are due, by mail or
email to:
(A) All persons on the Council's
general mailing list, as defined in OAR
345-011-0020;
(B) All persons on any special list
established for the facility; and
(C) The property owners on the updated list
submitted by the certificate holder under section (5) of this rule;
(b) Send copies of the application
for termination by mail or email to the reviewing agencies for the facility,
and ask those agencies to comment by a specified date; and
(c) Post an announcement of the application
for termination on the Department's website.
(7) The Council must review the proposed
final retirement plan and must consider any comments received from the public
and the reviewing agencies. The Council may approve the proposed final
retirement plan or modify the plan to comply with the rules of this chapter and
applicable conditions in the site certificate. If the plan is approved, the
Council must issue an order authorizing retirement according to the approved or
modified final retirement plan and subject to any conditions the Council finds
appropriate. The Council's order may be appealed as described in ORS
183.480.
(8) When the Council finds that the
certificate holder has completed the retirement of the facility according to
the Council's order authorizing retirement, the Council must issue an order
terminating the site certificate.
(9) When the Council finds that the site
certificate has expired as described in OAR
345-027-0313, the Council shall
issue an order terminating the site certificate.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.405 & 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) A certificate holder may apply to the Council to terminate a site certificate at any time, subject to the requirements of this rule.
(2) A certificate holder must apply to the Council to terminate a site certificate within two years following cessation of construction or operation of the facility.
(3) If the certificate holder fails to apply to the Council to terminate the site certificate and the Council finds that the certificate holder has permanently ceased construction or operation of the facility, then the Council may terminate the site certificate according to the procedure described in OAR 345-025-0006(16).
(4) In an application for termination of the site certificate, the certificate holder must include a proposed final retirement plan for the facility and site. The certificate holder must submit two printed copies of the application for termination and the proposed final retirement plan, and an electronic version of the application for termination and the proposed final retirement plan in a non-copy-protected electronic format acceptable to the Department. The certificate holder must submit additional printed copies of the application for termination and the proposed final retirement plan to the Department upon request.
(5) In the proposed final retirement plan, the certificate holder must include:
(a) A plan for retirement that provides for completion of retirement without significant delay and that protects public health, safety and the environment;
(b) A description of actions the certificate holder proposes to take to restore the site to a useful, non-hazardous condition, including information on how impacts to fish, wildlife and the environment would be minimized during the retirement process;
(c) A current detailed cost estimate and a plan for ensuring the availability of adequate funds for completion of retirement; and
(d) An updated list of property owners, as described in OAR 345-021-0010(1)(f).
(6) Within 15 days after receiving an application for termination of a site certificate, the Department must:
(a) Send a notice of the application, specifying a date by which comments on the application are due, by mail or email to:
(A) All persons on the Council's general mailing list, as defined in OAR 345-011-0020;
(B) All persons on any special list established for the facility; and
(C) The property owners on the updated list submitted by the certificate holder under section (5) of this rule;
(b) Send copies of the application for termination by mail or email to the reviewing agencies for the facility, and ask those agencies to comment by a specified date; and
(c) Post an announcement of the application for termination on the Department's website.
(7) The Council must review the proposed final retirement plan and must consider any comments received from the public and the reviewing agencies. The Council may approve the proposed final retirement plan or modify the plan to comply with the rules of this chapter and applicable conditions in the site certificate. If the plan is approved, the Council must issue an order authorizing retirement according to the approved or modified final retirement plan and subject to any conditions the Council finds appropriate. The Council's order may be appealed as described in ORS 183.480.
(8) When the Council finds that the certificate holder has completed the retirement of the facility according to the Council's order authorizing retirement, the Council must issue an order terminating the site certificate.
(9) When the Council finds that the site certificate has expired as described in OAR 345-027-0313, the Council shall issue an order terminating the site certificate.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.405 & 469.501