Or. Admin. Code § 345-027-0230 - Review of a Request for Approval
(1) Within 7 days after receiving a request
for approval to construct, operate and retire a gas storage testing pipeline,
the Department must:
(a) Send copies of the
request by mail, email or any other form of electronic delivery to the
following agencies with a notice asking the agencies to submit written comments
on the request within 14 days from the date of the notice:
(A) Oregon Department of Fish and
Wildlife;
(B) Oregon Department of
Geology and Mineral Industries;
(C)
Oregon Public Utility Commission;
(D) Oregon Department of
Agriculture;
(E) Division of State
Lands; and
(F) State Historic
Preservation Office.
(b)
Send a notice of the request, including a map showing the location of the
proposed pipeline, by mail, email or any other form of electronic delivery to
the following stating that the agencies and planning authority may submit
written comments on the request within 14 days from the date of the notice:
(A) Oregon Department of Forestry;
(B) Oregon Department of Environmental
Quality; and
(C) The planning
authority of the county or counties where the proposed pipeline is
located.
(c) Send a
notice of the request, including a map showing the location of the proposed
pipeline, by mail or email to the property owners the certificate holder has
listed in the request stating that property owners may submit written comments
on the request within 14 days from the date of the notice.
(d) Post an announcement of the request on
the Department's website.
(2) Within 21 days from the deadline for
comments described in section (1) of this rule or such longer period as the
Department has specified in the letter described in OAR 345-027-0520(2), the
Department must issue a final order stating its findings on the applicable
Council substantive standards and its approval or disapproval of the request.
In an order approving a request, the Department must include conditions that
the Department finds necessary to ensure compliance with the applicable
standards and conditions required by OAR 345-027-0540.
(3) The Department must send a notice of the
final order to the certificate holder, to the property owners the certificate
holder listed in the request and to any person who commented on the request. In
the notice, the Department must state that judicial review of the order is as
provided in ORS 469.403.
(4) The Department may amend an order
approving the construction, operation and retirement of a gas storage testing
pipeline.
(5) Notwithstanding ORS
469.503(3), the
Department may not review the proposed pipeline for compliance with other state
standards.
(6) Notwithstanding ORS
469.401(3), the
approval of a gas storage testing pipeline by the Department does not bind any
state or local agency.
Notes
Statutory/Other Authority: ORS 469.405
Statutes/Other Implemented: ORS 469.405 & 469.992
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