The Energy Facility Siting Council (EFSC or Council) requests public comment on a proposed amendment to its rules in OAR 345, Division 20, regarding early communication between applicants and federally recognized Tribes of Oregon during the Notice of Intent (NOI) stage of the site certificate process.
As part of the 2024–2026 Rulemaking Schedule, Council directed staff to develop rules designed to encourage earlier communication between energy facility developers and Tribes. The proposed amendment to OAR 345-020-0011(1)(q) is intended to strengthen and clarify expectations regarding early outreach to Tribes that may be affected by a proposed energy facility. Under current rules, applicants must consult with the Legislative Commission on Indian Services (LCIS) to assist in identifying Tribes that may be affected. However, existing rules do not explicitly require applicants to initiate communication with identified Tribes prior to submitting a Notice of Intent, nor do they require documentation of outreach efforts at the NOI stage. The proposed amendment would: - Require applicants to attempt to initiate communication with Tribes identified through LCIS consultation prior to submitting an NOI;
- Require applicants to document those outreach efforts in the NOI, including the dates and summaries of meetings or communications, or documentation of attempts to initiate such communication.
The amendment is procedural in nature. It does not create new substantive standards for identifying, evaluating, or mitigating impacts to Tribal historic or cultural resources. Rather, it is intended to encourage early and informed communication, improve transparency and coordination, reduce the likelihood of late-stage disputes or delays, and improve the overall efficiency and predictability of the EFSC siting process. See the following related materials for more detailed information:
PUBLIC COMMENTS A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 p.m. on Wednesday, March 31, 2026, 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. To comment on this rulemaking project, select “Tribal Outreach 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 March 20, 2026, at 9:15 a.m. The hearing will be held in-person at the Sage Center, located at 101 Olson Rd NE, Boardman, OR 97818. There will also be remote access available to the public hearing via Webex at the following link: https://tinyurl.com/k5tj9epj. Or join the meeting by calling in:
Phone: 650-479-3208
Access Code: 2660 8371 298
Meeting password: EFSC 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.
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