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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
​Council approves final rules on September 19, 2025.
​September 19, 2025: Council Approves Final Rules
​At its meeting on September 19, 2025, the Energy Facility Siting Council adopted updates to the rules governing the amendment of energy facility site certificates. This update to the rules does three things: 
  1. Improves the clarity of the rules by resolving ambiguities that have revealed themselves in the application of the rules as written. 
  2. Makes changes to improve Council's amendment process based on lessons learned since the last revision of the amendment rules. 
  3. Updates the rules to ensure compliance with new statutes, revised rules, and recent direction of the courts. 

The permanent rules became effective on October 24, 2025. The revised rules are available from the Secretary of State's Oregon Administrative Rules Database.

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

September 19 2025, Council Meeting, Agenda Item H:


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/

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:



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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