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EFSC updated contested case rules to make proceedings more efficient and to reduce participant confusion as to their rights and responsibilities during the contested case process. Chapter 345, primarily at Division 15.

Contested Case Rulemaking

​September 20, 2024: Energy Facility Siting Council Adopts Upated Contested Case Rules
​​At its meeting on September 20, 2024, the Energy Facility Siting Council adopted updates to the rules governing its contested case process. This update to the rules – found in Division 15 of OAR 345, Rule 400 through 480 – does five things: 
  1. Reorders and reorganizes the rules to better match the flow of the contested case process. 
  2. Updates the rules to reflect adoption of the Office of Administrative Hearing's model rules for contested cases. 
  3. Improves the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules. 
  4. Improves the clarity of the rules by providing or enhancing definitions where appropriate. This includes changes designed to enhance the readability of the rules, such as a reduced use of acronyms. 
  5. Improves the efficiency of the contested case process by providing additional guidance to all parties and prospective parties who are affected by these rules.

The permanent rules became effective on October 1, 2024. The revised rules are available from the Secretary of State's Oregon Administrative Rules Database.

June 7, 2024: Energy Facility Siting Council Requests Public Comment on Proposed Amendments to Contested Case Process Rules
​The Energy Facility Siting Council requests public comment on proposed amendments to its contested case process rules found in OAR 345 Division 15.The proposed rulemaking  language is intended to:
  • Reorder and reorganize the rules to better match the flow of the contested case process.
  • Update the rules to reflect a proposed adoption of the Office of Administrative Hearing's model rules for contested cases.
  • Improve the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
  • Improve the clarity of the rules by providing additional definitions or enhancing existing ones.
  • Improve the efficiency of the contested case process by providing additional guidance to prospective parties and removing the ability for parties to file an interlocutory appeal for party status unless they are denied party status on all issues.
The Notice of Proposed Rulemaking is also available from the Oregon Administrative Rules Database.

PUBLIC COMMENTS
A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on Monday, July 22, 2024 to be considered.

ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings.

To comment on this rulemaking project, select “Contested Case Rulemaking" from the drop-down menu in the middle of the screen and then follow the instructions. You will receive an email confirmation after submitting your comment.

Written comments may also be submitted by mail or email to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov

ADDITIONAL INFORMATION

If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman, by email at tom.jackman@energy.oregon.gov.

March 22, 2024: Comments Requested and Rulemaking Hearing on Proposed Amendment of Energy Facility Contested Case Rules
​The Energy Facility Siting Council requests public comment on proposed amendments to its contested case process rules found in OAR 345 Division 15.

The proposed rulemaking language is intended to:

  • Reorder and reorganize the rules to better match the flow of the contested case process.
  • Update the rules to reflect a proposed adoption of the Office of Administrative Hearing's model rules for contested cases.
  • Improve the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
  • Improve the clarity of the rules by providing additional definitions or enhancing existing ones.
  • Improve the efficiency of the contested case process by providing additional guidance to prospective parties.
The Notice of Proposed Rulemaking is also available from the Oregon Administrative Rules Database.

PUBLIC COMMENTS

A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on Friday April 19, 2024, to be considered.

ODOE has a new online portal for submitting public comments. The goal of the online portal is to provide members of the public with another convenient option to participate in Council rulemaking proceedings.

To comment on this rulemaking project, select “Contested Case Rulemaking" from the drop-down menu in the middle of the screen and then follow the instructions. You will receive an email confirmation after submitting your comment.

Written comments may also be submitted by mail or email  to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov

RULEMAKING HEARING
An opportunity for oral comments will be provided at a rulemaking hearing on March 22, 2024, at 8:45 am. The hearing will be held in-person at the Oxford Room at the Oxford Suites, 1050 N. First Street, Hermiston, OR 97838. There will also be remote access available to the public hearing via Webex. 

Remote Participation:
Join hearing via Webex
Webinar number: 2346 739 0485
Or
Join by phone: 408-418-9388
Access code: 2346 739 0485

Hearing Materials:
ADDITIONAL INFORMATION

If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman, by email at tom.jackman@energy.oregon.gov.

February 1, 2024: Rulemaking Advisory Committee for EFSC's Contested Case Rulemaking to Meet February 1
​The Rulemaking Advisory Committee for the Energy Facility Siting Council's contested case rulemaking project will meet virtually on Thursday, February 1, 2024.

The meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting.

Meeting details:
Thursday, February 1, 2024 | 10 a.m. - 12 p.m.

Join via Microsoft Teams
Meeting ID: 292 286 367 293 | Passcode: eA6PH3
Or call in: +1 503-446-4951 | Phone Conference ID: 764 009 289# 

Meeting materials:
​October 27, 2023: Rulemaking Advisory Committee Meeting for EFSC's Contested Case Rulemaking
​The Rulemaking Advisory Committee for the Energy Facility Siting Council's Contested Case Rulemaking Project will meet virtually on Friday, October 27, 2023, from 10:00 AM to 12:00 PM.

The meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting. 

Meeting Materials:

September 7, 2023: Rulemaking Advisory Committee Meeting for EFSC's Contested Case Rulemaking Project
​The Rulemaking Advisory Committee for the Energy Facility Siting Council's Contested Case Rulemaking Project will meet on Thursday, September 7, 2023. This meeting will be held remotely via Microsoft Teams.

This meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting. Please see the meeting agenda below for more detailed information.

Meeting Details
Date: September 7, 2023
Time: 9 a.m. – 11 a.m.

Meeting Materials


Resources


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​​For more information, please contact:
 Tom Jackman
Rulemaking Coordinator
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disability icons To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the Oregon Department of Energy at least 72 hours before the meeting at
1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.​​​​​
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