Or. Admin. Code § 345-027-0357 - Amendment Determination Request

(1) For a proposed change that would add area to the site boundary, the certificate holder must either:

(a) Submit a request for amendment to the Department; or

(b) Submit an amendment determination request to the Department for a written determination of whether the proposed change requires an amendment under OAR 345-027-0350, and is not exempt under OAR 345-027-0353.

(2) For a proposed change that would not add area to the site boundary, the certificate holder may submit an amendment determination request to the Department for a written determination of whether:

(a) The proposed change requires an amendment under OAR 345-027-0350; or

(b) The proposed change is exempt from requiring an amendment under OAR 345-027-0353.

(3) For any request for amendment described under OAR 345-027-0350(3) or (4), the certificate holder may submit an amendment determination request to the Department for a written determination of whether a request for amendment justifies review under the type B review process described in OAR 345-027-0351(3).

(4) A request described in section (1), (2), or (3) of this rule must be submitted in writing to the Department and must include:

(a) A narrative description of the proposed change;

(b) Maps and/or geospatial data layers representing the effects and/or location of the proposed change;

(c) The certificate holder's evaluation of the determinations it is requesting under sections (1), (2), or (3) of this rule; and

(d) Any additional information the certificate holder believes will assist the Department's evaluation.

(5) After receiving an amendment determination request, the Department must post an announcement on the Department's website to notify the public that an amendment determination request has been received. The announcement must include a copy of the amendment determination request.

(6) Upon receiving a request for a written determination described in section (1) or (2) of this rule, the Department must, as promptly as possible, issue a written determination to the certificate holder. After the Department issues its written determination, the Department must, as promptly as possible, provide the request and the written determination to the Council and post the written determination to its website. At the first Council meeting after the Department issues its written determination, the Department must provide verbal notice of the request and the written determination to the Council during the consent calendar agenda item. The Department may refer its determination to the Council for concurrence, modification, or rejection. At the request of the certificate holder or a Council member, the Department must refer its determination to the Council for concurrence, modification or rejection.

(7) Upon receiving a request for a written determination described in section (3) of this rule, the Department must, as promptly as possible, issue a written determination to the certificate holder. At the request of the certificate holder, the Department must refer its determination to the Council for concurrence, modification, or rejection.

(8) In determining whether a request for amendment justifies review under the type B review process described in OAR 345-027-0351(3), the Department and the Council may consider factors including, but not limited to:

(a) The complexity of the proposed change;

(b) The anticipated level of public interest in the proposed change;

(c) The anticipated level of interest by reviewing agencies;

(d) The likelihood of significant adverse impact; and

(e) The type and amount of mitigation, if any.

Notes

Or. Admin. Code § 345-027-0357

EFSC 9-2019, temporary adopt filed 08/22/2019, effective 8/22/2019through 2/17/2020; EFSC 1-2020, adopt filed 01/28/2020, effective 1/28/2020

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.405