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This proposed rule will change the Amendment rules found in OAR 345 Division 27. The objective of this rulemaking is to make the amendment review process more efficient and effective while ensuring adequate opportunities for public participation.

2024 Site Certificate Amendment Rulemaking


Summary of Proposed Rule
​This proposed rule will change the Amendment rules found in OAR 345 Division 27. The objective of this rulemaking is to make the amendment review process more efficient and effective while ensuring adequate opportunities for public participation.
​Statement of Fiscal Impact on Proposed Rule
​Overall fiscal impact is intended to be neutral, with improvements to the quality of public participation and a reduction in regulatory uncertainty of the process.
​Relevant FAQ Documents
​Rulemaking Advisory Committee Meeting Notes/Recording
​Recordings found on website for June 26, 2024 meeting and Sept 26, 2024 meeting.
Public Comments Received
Most Recent Activity
​Staff to present draft rules for final consideration at September 19, 2025 Council meeting.
June 23, 2025: Comments Requested and Public Hearing on Proposed Changes to Siting Amendment Rules
​The Energy Facility Siting Council requests public comments on the proposed changes to its siting amendment rules found in OAR 345 Division 27. Public comments must be received by 5 p.m. on Friday, August 1, 2025.


The proposed rulemaking language is intended to, among other things:

  • Improve the consistency and clarity of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
  • Improve the siting amendment process by reducing outdated requirements, such as requiring printed copies of all documents.
  • Improving the siting amendment process by removing the need to determine which "track" an amendment process qualifies for and instead making a single track that is more flexible in nature.
  • Improving how the public participates in the siting amendment process, by replacing the challenging contested case process with a process that provides the public with quicker feedback on their comments and an opportunity to remedy or improve their comments before the Council considers a Final Order.

There are significant proposed changes to this rule (more than can be listed here). Complete text of the proposed draft rules and other supporting materials are available to download:

The Notice of Proposed Rulemaking is also available from the Oregon Administrative Rules Database found at: https://secure.sos.state.or.us/oard/

PUBLIC COMMENTS

A public comment period on the proposed rule change is now open. All written comments must be received by 5 p.m. on Friday August 1, 2025, to be considered.

ODOE has an 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. The portal can be accessed at: 
https://odoe.powerappsportals.us/SitingPublicComment/

To comment on this rulemaking project, select “Amendment 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 by sending them 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 July 18, 2025, at 8:45 a.m. The hearing will be held in person at the Meitner Room on the first floor of the 550 Capitol St. building in Salem, OR 97301.

Please visit https://www.tinyurl.com/EFSCRulemaking for more information. 

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

April 29, 2025: Rulemaking Advisory Committee to Meet April 29 for the Energy Facility Siting Council's Amendment Rulemaking
​The Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project will hold its third meeting virtually on Tuesday, April 29, 2025, from 1 to 4 p.m.


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 26, 2024: Rulemaking Advisory Committee for the Energy Facility Siting Council's Amendment Rulemaking to Meet September 26
​A Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project will hold its second meeting virtually on Thursday, September 26, 2024, from 9 a.m. to 12 p.m.

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.

​June 26, 2024: Rulemaking Advisory Commitee for the Energy Facility Siting Council's Site Certificate Amendment Rulemaking to Meet June 26
​A Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project has been formed and will hold its first meeting virtually on Wednesday, June 26, 2024, from 10 a.m. to 12 p.m.

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:
Join via Microsoft Teams: https://tinyurl.com/AmendRAC1
Meeting ID: 268 903 139​ 830 | Passcode: J3Dh5y
Or call in (audio only): +1 503-446-4951 Phone Conference ID: 997 189 522#



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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