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Council Rulemaking (2011-13)

​Feb. 19, 2013

Council directs ODOE to begin review of site certificate amendment process

The Energy Facility Siting Council has directed Oregon Department of Energy staff to begin a review of potential issues regarding the council’s site certificate amendment process. EFSC wants to respond to stakeholder comments regarding the increase in amendments, decision-making criteria and public involvement.

In response to this, ODOE hosted two public workshops in February (see details below) to explore and discuss potential issues and solutions. EFSC will consider the workshop findings at a future meeting, which could lead to process refinements and/or administrative rulemaking. 


The first workshop was held on February 6 in Boardman.


The second workshop was held on February 19 in Salem.

Summary of written comments (Posted March 6)

     

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Jan. 31, 2013

EFSC adopts new rules for transport of radioactive materials
 
The Oregon Department of Energy filed new permanent rules for the transport of radioactive materials. The rules went into effect on Jan. 28, 2013.

The new rules codify the long-standing process for carriers to report their radioactive material shipping activity in Oregon and streamline the process by providing online reporting. In addition, the rules clarify civil penalties for failure to comply. 

The Energy Facility Siting Council adopted the rules at its January 25 meeting.

The final rules are here:
  • OAR 345-060 (Transportation of Radioactive Material)
  • OAR 345-029 (Notice of Violation, Civil Penalties, Revocation or Suspension)

The mission of ODOE’s nuclear safety program includes helping prevent accidents involving the transport of radioactive material, as well as preparing for and handling mishaps if they occur. ODOE is the lead state agency for the program and works with other state and local agencies to carry out the mission.

The new rules allow for reporting online as well as the installation of secure drop-boxes at Oregon Ports-of-Entry.

If you have questions about this rulemaking, please contact either:

  • Ken Niles, Administrator, Nuclear Safety and Energy Emergency Preparedness Division, 503-378-4906
  • Jo Morgan, Energy Analyst, 503-373-0076

To find out more about Oregon’s radioactive material transport program, please go to:
http://www.oregon.gov/energy/NUCSAF/docs/2012-RadTransportReport.pdf  

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May 15, 2012

Ten EFSC rules amended, filed on May 15

At its meeting on May 11, 2012, the council adopted amendments to Oregon Administrative Rules, Chapter 345, Divisions 1, 11, 15, 20, 21, 22, 23, 24, 26 and 27. The amended rules were filed and became effective on May 15, 2012. The council rules are available from this link..

In addition, the council requested that staff address further rulemaking for discussion at a future council meeting, focusing on the definition of solar energy facilities, financial assurance requirements for energy facilities, and the site certificate amendment process.

Background

A Rule Review Matrix was presented to the council in October 2011 and an addendum was prepared in December 2011. The matrix and the addendum describe proposed rule amendments later adopted by the council on May 11 and other amendments that the council may address in a future rulemaking process.

The Oregon Department of Energy hosted a workshop on January 13, 2012, to hear public comment on proposed changes to the Energy Facility Siting Council rules. In response to the workshop and comments received to date, the department prepared draft redline versions of the council rules, showing the proposed amendments under consideration.

On March 1, 2012, the council issued a Notice of Proposed Rulemaking Hearing.

The council held a public hearing on April 25, 2012 and accepted written comment on the proposed amendments until the close of the hearing. An additional opportunity for oral comment was provided at the council meeting on May 11.

Council staff recommended that the council adopt the rule amendments, with the changes discussed in the Hearing Officer's Report and as further discussed at the May 11 meeting.

For more information about council rulemaking, please contact Lee Willeman at 503-373-0214.