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EFSC Exemption Rulemaking

This rulemaking will evaluate several outstanding policy questions related to exemptions for obtaining a Site Certificate

Exemption Rulemaking

​​Summary of Proposed Rule
​As laid out in ORS 469.320(2), certain energy facilities may be exempt from the requirement to obtain a site certificate. This rulemaking would evaluate several outstanding policy questions related to exemptions, including: whether the Council may impose conditions on an exemption; ongoing monitoring and reporting requirements for exempt facilities; and the process for loss of an exemption.
​Statement of Fiscal Impact on Proposed Rule
​This proposed rule will have negligible fiscal impact.
​Any Relevant FAQ Documents
​None
​Rulemaking Advisory Committee Meeting Notes/Recording
​N/A
​Public Comments Received
​None
​Most Recent Activity
​Rulemaking initiated March 2025.


​March 21, 2025: Energy Facility Siting Council initiates informal rulemaking proceedings on the Exemption Rulemaking
​At its meeting  on March 21, 2025, Council initiated informal rulemaking proceedings on the Exemption Rulemaking. As laid out in ORS 469.320(2), certain energy facilities may be exempt from the requirement to obtain a site certificate. This rulemaking would evaluate several outstanding policy questions related to exemptions, including: whether the Council may impose conditions on an exemption; ongoing monitoring and reporting requirements for exempt facilities; and the process for loss of an exemption. 

Staff intends to develop draft language internally and will make this language available for public comment at a future time to be announced. In the meantime, anyone interested in providing staff their thoughts on this rulemaking can reach out to Tom Jackman, EFSC Rules Coordinator, at tom.jackman@energy.oregon.gov .

Please see the staff reports and materials below for additional information.

March 21 2025, Council Meeting, Agenda Item E​

• Staff Report



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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