Or. Admin. Code § 345-027-0380 - Type C Review Process for Pre-Operational Requests for Amendment

(1) A certificate holder may only request the type C review for a request for amendment when the change proposed in the request for amendment relates to the facility, or portion/phase of the facility, not yet in operation, but approved for construction in the site certificate or amended site certificate. A certificate holder may not request type C review of a request for amendment proposing to extend construction deadlines.

(2) Requests under section (1) of this rule must be submitted in writing to the Department and must include:

(a) A complete request for amendment, including the information described in OAR 345-027-0360(1);

(b) The reasons why the certificate holder needs type C review of its request for amendment;

(c) An explanation of why the proposed change could not have been reasonably foreseen by the certificate holder;

(d) An explanation of why the proposed change is unavoidable; and

(e) Reasons why the type C review is adequate to prevent significant adverse impacts to the resources and interests protected by applicable laws or Council standards.

(3) Upon receiving a request under sections (1) and (2) of this rule, the Department must post the request and the request for amendment on the Department's website.

(4) Within 3 business days after receiving a request under sections (1) and (2) of this rule, the Department must issue a written determination either granting or denying type C review. Upon issuance, the Department must post the written determination on its website.

(5) If the Department denies type C review, the certificate holder may request the Department's determination to be referred to the Council. If requested, the Department must refer its determination to the Council for concurrence, modification or rejection. Upon a Department determination being referred to the Council, the Council chair must convene a Council meeting as promptly as possible as described in OAR 345-011-0015.

(6) To grant a request under section (1) of this rule, the Department or the Council must find:

(a) Construction of the certificated energy facility, or portion of the certificated energy facility, has not been deemed complete;

(b) The request for amendment is complete;

(c) Type C review is necessary;

(d) The proposed change could not have been reasonably foreseen by the certificate holder;

(e) The proposed change is unavoidable; and

(f) Type C review is adequate to prevent significant adverse impacts to the resources and interests protected by applicable laws or Council standards.

(7) Within 7 days after a request under section (1) of this rule is granted, the Department must:

(a) Issue a draft temporary order approving or denying the request for amendment, including a recommendation to the Council on whether Council review should be completed through the type A or type B review process; and

(b) Post the draft temporary order on the Department's website.

(8) The Council must, at its first meeting following the Department's issuance of a draft temporary order, consider the draft temporary order and consider whether review should be completed though the type A or type B review process. Upon issuance of a draft temporary order, the Council chair may call a special Council meeting, as described in OAR 345-011-0015, to be held as promptly as possible.

(9) After considering the draft temporary order and the Department's recommendation on whether review should be completed through the type A or type B review process, the Council must adopt, modify, or reject the draft temporary order based on the considerations described in OAR 345-027-0375, and the Council must decide whether review should be completed through the type A or type B review process. In a written temporary order, the Council must either temporarily grant issuance of an amended site certificate, or deny issuance of an amended site certificate.

(10) Before implementing any change approved by the Council's temporary order, the certificate holder must submit an authorized acknowledgement that the certificate holder accepts all terms and conditions of the temporary order.

(11) If review is to be completed through the type A review process, review proceeds as described in OAR 345-027-0367, 345-027-0371, and 345-027-0375, where the temporary order replaces all references to the draft proposed order.

(12) If review is to be completed through the type B review process, review proceeds as described in OAR 345-027-0368, 345-027-0372, and 345-027-0375, where the temporary order replaces all references to the draft proposed order.

(13) Action taken by the certificate holder under the authority of the temporary order that is inconsistent with the language and conditions of the final order is not a violation so long as the inconsistency is remedied by the certificate holder as specified by the Council in the final order.

Notes

Or. Admin. Code § 345-027-0380

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