Or. Admin. Code § 345-027-0372 - Proposed Order and Council's Final Decision on Requests for Amendment Under Type B Review

(1) No later than 21 days after the written comment deadline that closes the record on the draft proposed order, the Department must issue a proposed order recommending approval, modification or denial of the request for amendment to the site certificate. The Department must consider any written comments received before the close of the record on the draft proposed order and any agency consultation. The Department may issue the proposed order at a later date, but the Department must, no later than 21 days after the close of the record on the draft proposed order, notify the certificate holder in writing of the reasons for the delay.

(2) Concurrent with issuing the proposed order, the Department must issue public notice of the proposed order by posting public notice as an announcement on its website and by sending public notice 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;

(c) The reviewing agencies for the facility, as defined in OAR 345-001-0010(52); and

(d) The property owners on the updated list provided under OAR 345-027-0360(1)(f).

(3) Notice of the proposed order must include:

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

(b) The physical and website addresses of where the public may review copies of the proposed order;

(c) The name, address, email address and telephone number of the Department representative to contact for more information; and

(d) A statement that judicial review of the Council's final order either granting or denying an amended site certificate is as provided in ORS 469.403.

(4) The Council, may adopt, modify or reject the proposed order based on the considerations described in OAR 345-027-0375. In a written order, the Council must either grant or deny issuance of an amended site certificate. If the Council grants issuance of an amended site certificate, the Council must issue an amended site certificate, which is effective upon execution by the Council Chair and by the certificate holder.

(5) Judicial review of the Council's final order either granting or denying an amended site certificate is as provided in ORS 469.403.

Notes

Or. Admin. Code § 345-027-0372

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