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The new standard requires Council to find that all applicants have adequately characterized wildfire risk associated with a proposed facility; and that the facility will be operated in compliance with a Council-approved wildfire mitigation plan. The rule also provides that Council may approve a facility without making these findings if the facility is subject to a wildfire protection plan approved by the Public Utility Commission or the governing body of a consumer-owned utility.

The new rules were filed with the Secretary of State and became effective on July 29, 2022. See Administrative Order EFSC 2-2022  for full rule text.

The proposed rule standard requires Council to find that all applicants have adequately characterized wildfire risk associated with a proposed facility and that the facility will be operated in compliance with a Council-approved wildfire mitigation plan. The rule also provides that Council may approve a facility without making these findings if the facility is subject to a wildfire protection plan approved by the Public Utility Commission or the governing body of a consumer-owned utility.

Complete text of the proposed rules can be found in the Notice of Proposed Rulemaking. The Notice 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 July 21, 2022, 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. The portal can be accessed here.

To comment on this project, select “Wildfire Rulemaking" from the drop-down menu and 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

All public comments received prior to the deadline above will be posted to the new Siting Docket.

Rulemaking Hearing:

An opportunity for oral comments will be provided at a rulemaking hearing on June 23, 2022 at 5:00 p.m. The hearing will be held both virtually and in person at:

Oregon Department of Energy
Meitner Conference Room
550 Capitol St. NE
Salem, OR 97301

Join via WebEx: https://odoe.webex.com/odoe/onstage/g.php?MTID=e1b8b80cf00b4a27796a1a8301e2fb34c
Access Code: 2348 290 3610
Meeting password: EFSC

 OR

Join by phone: (408) 418-9388
Access Code: 2348 290 3610

Item G - Wildfire Prevention and Response Rulemaking – Consideration of Proposed Rules (Action Item):

• Staff Report
• Attachment 1: Issues Document
• Attachment 2: Draft Notice of Proposed Rulemaking
• Attachment 3: Comments
  

Meeting Details:

Date: Thursday, January 27, 2022
Time: 3:00 pm to 6:00 pm
Location: Virtual (MS Teams)

To join using Microsoft Teams on your computer or mobile app, click the link below:

https://tinyurl.com/EFSC-Wildfire-Workshop

Or call in (audio only): +1 503-446 -4951
Phone Conference ID: 935 345 331#

Meeting Materials:

• Meeting Agenda
• Meeting Presentation
  
• Meeting Recording​
  
  

• Staff Report
• Attachment 1