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Energy Facility Siting Council Rulemaking

The Energy Facility Siting Council’s rules are set forth in Oregon Administrative Rules Chapter 345. The Council has the authority to adopt, amend or repeal rules by following the rulemaking procedures of the Administrative Procedures Act under Oregon Revised Statutes 183.325 to 183.410. The Act sets out exactly which steps an agency has to follow to adopt rules.

This page contains current and recent rulemakings by the Council. For more information, please contact:
Jason Sierman
Oregon Department of Energy
625 Marion St. NE
Salem, OR 97301
503-373-2127
jason.sierman@state.or.us
  
August 28, 2015
 
Rulemaking to update the dates of publications, rules, codes, standards and laws referenced in EFSC rules
 
At its August 7, 2015 meeting, the Energy Facility Siting Council (EFSC) authorized the initiation of permanent rulemaking to update the dates of publications, rules, codes, standards, and laws incorporated by reference within its Chapter 345 rules.
 
These rule amendments are necessary to ensure EFSC rules are current. The purpose of this rulemaking is to update identified Chapter 345 rule provisions that incorporate non-EFSC publications, rules, codes, standards and laws by reference. The proposed amendments will ensure that a more current publication, rule, code, standard or law is referenced in each identified EFSC rule.
 
Please see below for the proposed rule language for amendments to OAR 345-001-0005, 345-001-0010, 345-021-0010, 345-023-0030, 345-024-0720 and 345-027-0023. Also see below for the public notice document, documents relied upon and copies of the forms filed with the Oregon Secretary of State.
 
Written comments can be provided by email to EFSC.rulemaking@state.or.us, or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
625 Marion St. NE
Salem, OR 97301
FAX: 503-373-7806
Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled on September 18, 2015. The rulemaking hearing will be conducted during the regularly scheduled EFSC meeting, which will be held in the Wells Springs Conference Room at the Port of Morrow, 2 Marine Drive, Boardman. The call-in number is 877-873-8017 and the passcode is 799345.
 
All comments on the proposed rule changes must be received before the close of the September 18, 2015 rulemaking hearing.
  
Public Notice document
 
Proposed rule language:
 
State filing forms:
 
 
Links to information relied upon for this rulemaking:
 
Oregon Attorney General's Administrative Law Manual and Uniform and Model Rules of Procedure under the Administrative Procedures Act, July 2014: http://www.doj.state.or.us/Pages/oregonians/pubs.aspx
 
Internal Revenue Code, Section 501(c)(3): https://www.law.cornell.edu/uscode/text/26/501
 
Nrth American Electric Reliability Corporation (NERC) Reliability Standards: http://www.nerc.com/pa/Stand/Pages/AllReliabilityStandards.aspx?jurisdiction=United States
 
49 CFR, Part 192 - Transportation of Natural and Other Gas by Pipeline; Minimum Safety Standards, as in effect on August 15, 2011: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr192_main_02.tpl
 
National Electrical Safety Code (NESC), 2012 Edition: http://standards.ieee.org/findstds/standard/C2-2012.html
 
 
 
May 15, 2015
 
EFSC adopts new "balancing authority" language
 
At its May 15, 2015 meeting, the Energy Facility Siting Council adopted new permanent rules relating to the Council’s “balancing authority.” The rule language now conforms to the statutory language found in ORS 469.501(3) and ORS 469.503(1), which were amended by House Bill 2106 in 2013. These statutes grant the Council’s balancing authority. The rules were filed with the Secretary of State and went into effect on May 18, 2015.
 
Links to the following:
·          Rulemaking filing form
·          Staff report

 

March 13, 2015

 
Rulemaking for proposed rule amendments to the Council’s Balancing Authority
 
At its March 13 meeting, the Energy Facility Siting Council authorized the initiation of permanent rulemaking proceedings to update EFSC rules related to the Council’s “balancing authority.” In 2013, Oregon Laws 2013, Chapter 263, Sections 1 and 2 amended the language of ORS 469.501(3) and ORS 469.503(1). These statutes grant the Council’s balancing authority. This rulemaking will amend Council rules relating to the Council’s balancing authority for consistency with Oregon statutes.
 
Please see below for the 2013 amendments to ORS 469.501(3) and ORS 469.503(1), and the draft proposed rule language for amendments to OAR 345-022-0000(1) and (2) and OAR 345-027-0070(2). Also see below for the public notice document and copies of the forms filed with the Oregon Secretary of State.

Comments can be provided by email to
EFSC.rulemaking@state.or.us, or by U.S. Mail, hand delivery or fax to the EFSC Rules Coordinator at 625 Marion St. NE, Salem, OR 97301.
 
Written comments on the proposed rule changes will be accepted through 5:00 p.m. on April 23, 2015.
 
Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled for 10:00 a.m. on April 22, 2015.
 
The hearing will take place at the Oregon Department of Energy, 625 Marion St. NE, Salem, OR 97301.
The call-in number is 877-873-8017 and the passcode is 799345.
 
 
 
 
Links to information relied upon for this rulemaking:
Information regarding the 2013 amendments to ORS 469.501(3) and ORS 469.503(1)
 
State Filing Forms:
 

 

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November 25, 2014
Third rulemaking advisory committee meeting held in The Dalles
The rulemaking advisory committee discussed proposed changes to the site certificate amendment process under Oregon Administrative Rules 345-027-0030 through 345-027-0100.
 
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October 7, 2014
 
Third rulemaking advisory committee meeting scheduled for October 16 in The Dalles
 
The Energy Facility Siting Council has appointed a rulemaking advisory committee to help EFSC develop potential changes to Oregon Administrative Rules 345-027-0030 through 345-027-0100, which pertain to the amendment of an energy facility site certificate.
 
The third of three planned meetings will be held Thursday, October 16 (10 a.m.-2 p.m.) at the Discovery Center in The Dalles. For more information about this meeting, please see the public notice.

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June 19, 2014

Second rulemaking advisory committee meeting held in Hood River
The rulemaking advisory committee discussed proposed changes to the site certificate amendment process under Oregon Administrative Rules 345-027-0030 through 345-027-0100.
 
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June 6, 2014
 
Second rulemaking advisory committee meeting scheduled for June 19 in Hood River   
 
The Energy Facility Siting Council has appointed a rulemaking advisory committee to help EFSC develop potential changes to Oregon Administrative Rules 345-027-0030 through 345-027-0100, which pertain to the amendment of an energy facility site certificate.
 
The second of three planned meetings will be held June 19 (10 a.m.- 2 p.m.) at the Best Western Plus Hood River Inn. For more information about this meeting, please see the public notice.
_____________________________________________________________________________________
April 16, 2014
The first rulemaking advisory committee meeting held in Hood River [ + ]

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April 8, 2014
First rulemaking advisory committee meeting scheduled for April 16 in Hood River [ + ]
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October 1, 2013
Permanent rules adopted to amend CO2 standards for power plants [ + ]
 
July 22, 2013
Rulemaking for proposed rule amendments to carbon dioxide standards [ + ]
 
July 2, 2013
EFSC initiates amendments to site certificate rulemaking, appoints advisory committee [ + ]


June 14, 2013

 

Notice of cancellation

The public rulemaking hearing to consider proposed rule amendments to carbon dioxide standards has been cancelled until further notice.


May 30, 2013
Rulemaking hearing set for proposed rule amendments to carbon dioxide standards [ + ]


Feb. 19, 2013

Council directs ODOE to begin review of site certificate amendment process [ + ]

 

Jan. 31, 2013

 

EFSC adopts new rules for transport of radioactive materials [ + ]

 
May 15, 2012
Ten EFSC rules amended, filed on May 15 [ + ]