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Energy Facility Siting Council Rulemaking

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The Energy F​acility Siting Council’s rules are set forth in Oregon Administrative Rules Chapter 345. 

ORS 469.470 authorizes the Council to adopt standards and rules for the siting of energy facilities and for the implementation of Oregon's energy policy. ORS chapter 183 outlines the steps an agency must take to adopt rules.​


For more information about individual rulema​king topics, click on the corresponding link below to jump to that item.​

Current Rulemaking:
Past :​​
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Exemption Rulemaking​

Summary of Proposed RuleAs 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 RuleThis proposed rule will have negligible fiscal impact.
Any Relevant FAQ DocumentsNone.
Rulemaking Advisory Committee Meeting Notes/RecordingN/A
Public Comments ReceivedNone received yet.​
​Most Recent Activity
​Rulemaking initiated March 2025.

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21 Mar 2025Energy 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
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Modernization Rulemaking

Summary of Proposed RuleThe intended scope of this rulemaking is to consider various ways to modernize the Council and Department's application process, including an examination of hard copy submission requirements, notice requirements—including specific notice requirements for the Department of Defense—and the possibility of requiring applicants and certificate holders to submit GIS data for energy facilities. 
Statement of Fiscal Impact on Proposed RuleThis proposed rule will have negligible fiscal impact, with small cost reductions in the application process due to improved processes.
Any Relevant FAQ DocumentsNone.
Rulemaking Advisory Committee Meeting Notes/RecordingN/A
Public Comments ReceivedNone received yet.​
​Most Recent Activity
​Rulemaking initiated March 2025.

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21 Mar 2025Energy Facility Siting Council Initiates Informal Rulemaking Proceedings on the Modernization Rulemaking

​At its meeting on March 21, 2025, Council initiated informal rulemaking proceedings on the Modernization Rulemaking. The intended scope of this rulemaking is to consider various ways to modernize the Council and Department's application process, including an examination of hard copy submission requirements, notice requirements—including specific notice requirements for the Department of Defense—and the possibility of requiring applicants and certificate holders to submit GIS data for energy facilities. Staff plans to use this informal rulemaking period to research additional possibilities for minor improvements to the rules throughout Oregon Advisory Rules Chapter 345, focusing on potentially outdated or unnecessary steps and requirements in the siting process.

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 F

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Radi​oactive Transport Fee Rulemaking


Summary of Proposed RuleThe Oregon Department of Energy charges radioactive transport permit holders a fee for each placarded shipment that travels through the state, including both medical and industrial shipments; the fees are set in rule by the Energy Facility Siting Council in OAR 345, Division 60. The fees go primarily toward training first responders and other emergency personnel along the state's transport corridors. Staff are working with the Nuclear Safety and Emergency Preparedness team to update the fee collection process as well as the amounts assessed, which has not happened for over 30 years.
Statement of Fiscal Impact on Proposed RuleThis proposed rule will have a potential fiscal impact because of a possible change in the fees assessed for the transport of radioactive material. This impact will be known once the rulemaking process is complete.
Any Relevant FAQ DocumentsNone.
Rulemaking Advisory Committee Meeting Notes/RecordingFirst RAC meeting ​May 28, 2025, from 9 -11 a.m. (more info below)​
Public Comments ReceivedNot yet. Rulemaking just started.​
​Most Recent Activity
​Rulemaking initiated October 2024.

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28 May 2025Rulemaking Advisory Committee (RAC) Meeting for the Radioactive Transport Fee Rulemaking

​The Energy Facility Siting Council and the Nuclear Safety and Emergency Preparedness Team plan to hold their first Rulemaking Advisory Committee (RAC) meeting for the Radioactive Transport Fee rulemaking on May 28, 2025, from 9 -11 a.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 Details:

May 28, 2025 | 9 -11 a.m.​

Join via Microsoft Teams at: https://tinyurl.com/RTFRAC01
Meeting ID: 244 474 399 006 0 | Passcode: id7HJ62W
Or
Call in (audio only): +1 503-446-4​951
Phone Conference ID: 345 701 927#

If you need accommodations to attend the meeting, contact Nancy Hatch at 503-428-7905, toll-free in Oregon at 800-221-8035, or Nancy.Hatch@energy.oregon.gov.

25 Oct 2024Radioactive Transport Fee Rulemaking Initiation

​The Oregon Department of Energy charges radioactive transport permit holders a fee for each placarded shipment that travels through the state, including both medical and industrial shipments; the fees are set in rule by the Energy Facility Siting Council in OAR 345, Division 60. The fees go primarily toward training first responders and other emergency personnel along the state's transport corridors. Staff are working with the Nuclear Safety and Emergency Preparedness team to update the fee collection process as well as the amounts assessed, which has not happened for over 30 years.

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Tribal Communication​ Rulemaking

Summary of Proposed RuleThe Tribal Government rulemaking is intended to evaluate various options to encourage and improve communication between the applicant and all tribes who might be impacted by the siting of an energy project. The intent of this rulemaking is to identify the most appropriate requirements that balance the often-competing interests of efficiency of process and protection of resources.
Statement of Fiscal Impact on Proposed RuleThis proposed rule will have minimal fiscal impact.
Any Relevant FAQ DocumentsNone.
Rulemaking Advisory Committee Meeting Notes/RecordingN/A
Public Comments ReceivedNone received yet.
​Most Recent Activity
​Rulemaking initiated September 2024.​

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20 Sep 2024Tribal Communication Rulemaking Initiation

​The Tribal Government rulemaking is intended to evaluate various options to encourage and improve communication between the applicant and all tribes who might be impacted by the siting of an energy project. The intent of this rulemaking is to identify the most appropriate requirements that balance the often-competing interests of efficiency of process and protection of resources. The outcome will ideally address both of these areas, as identifying important resources earlier in the process can better protect them while simultaneously avoiding unnecessary delays that can result from important resources being brought to light later in the process. 

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Application Process Phase 2

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02 Apr 2025Filing of Permanent Amended rules for Application Process Phase 2 Rulemaking

​At its meeting on March 21, 2025, the Energy Facility Siting Council adopted updates to the rules governing the submission of application material required to help the Council determine whether its standards for the siting of energy facilities have been met. This update to the rules – found primarily in Divisions 21 and 24 of OAR 345 – does three things: 

  1. Moves application information requirements from OAR 345 Division 21 to the applicable Council standard located in Division 22, 23, and 24.
  2. Revises exhibit naming to be easier for all parties to understand where relevant application information is located.
  3. Updated rule references to match the newly amended rules.
​​The permanent rules became effective on April 2, 2024. 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.

March 21 2025, Council Meeting, Agenda Item C:
18 Dec 2024Comments Requested and Rulemaking Hearing to be held on Proposed Amendments to Application Process Phase 2 Rulemaking

​Oregon's Energy Facility Siting Council (Council) requests public comment on proposed amendments to the reorganization of application information requirements affecting OAR 345, divisions 021 through 024.

The proposed rule language pulls application information requirements from division 021 and places those information requirements next to their associated Council standards in divisions 022 through 024. The goal is to reduce the number of places a reader needs to review to decide what information needs to be submitted for Council to conclude that a given standard has been met.

Please note that this rulemaking is not an attempt to update the application information requirements themselves, just to move them to a more logical location. The substance of the application information requirements will be examined in future rulemakings as part of the “Phase 3" effort to update the rules that govern EFSC's siting process.

The Notice of Proposed Rulemaking 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 p.m. on Wednesday February 5, 2025.

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.

To comment on this project, select “Application Process Phase 2" 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 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 January 17, 2025, at approximately 9:00 a.m. You have two options to attend the hearing:

In Person
Oregon Department of Energy
Meitner Room, First floor
550 Capitol St. NE
Salem, OR 97301​

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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Carbon Monetary Offset Rate 2024

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25 Oct 2024Energy Facility Siting Council Votes to Adopt Amendments to Carbon Monetary Offset Rules

​Council voted to adopt amendments to the Carbon Monetary Offset Rules​ on October 25, 2024. The final rules​ were filed with the Secretary of State and became operative on October 30.

30 Jul 2024Comments Requested on Proposed Amendments to Carbon Monetary Offset Rules
​The Energy Facility Siting Council (Council) requests public comment on proposed amendments to the carbon monetary offset rule found at OAR 345-024-0580.

Council has been directed in statute (ORS 469.503(2)(c)(C)) to set a carbon monetary offset rate that is based on the empirical evidence of the cost of carbon offsets.

Based on an analysis of the market rate for carbon offsets, this rulemaking increases the existing carbon monetary offset rate by approximately fifty percent.

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 Monday August 26, 2024, 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 at: 

https://odoe.powerappsportals.us/SitingPublicComment/

To comment on this project, select “Carbon Monetary Offset" 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

RULEMAKING HEARING

An opportunity for oral comments will be provided at a rulemaking hearing on August 23, 2024, at approximately 8:45 am. You have two options to attend the hearing:

In Person
Maxwell Event Center
145 N. First Place
Hermiston, OR 97838

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.

Files:
19 Jul 2024Council Considers Proposed Carbon Monetary Offset Rules
At its meeting on July 19, 2024, the Council initiated formal proceedings to adopt proposed amendments to the Carbon Monetary Offset Rules​ found in OAR 345 Division 24 Rule 0580. Please see the staff reports and materials below for additional information.

July 19 2024, Council Meeting, Agenda Item D

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2024 Site Certificate Amendments​​

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Summary of Proposed RuleThis 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 RuleOverall fiscal impact is intended to be neutral, with improvements to the quality of public participation and a reduction in regulatory uncertainty of the process.
Any Relevant FAQ DocumentsNo FAQ documents.
Rulemaking Advisory Committee Meeting Notes/RecordingRecordings found on website for June 26, 2024 meeting and Sept 26, 2024 meeting.
Public Comments ReceivedNo public comments received yet.​
Most Recent ActivityRulemaking Advisory Committee to meet April 29, 2025.​

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29 Apr 2025Rulemaking 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:
Join via Microsoft Teams: 
https://tinyurl.com/AmendRac03

Or dial in by phone:
+1 503-446-4951
Phone conference ID: 886 535 844#
26 Sep 2024Rulemaking 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.
26 Jun 2024Rulemaking Advisory Committee 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#

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Reactor Reporting Rules​

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25 Oct 2024Energy Facility Siting Council Adopts Amendments to .Reactor Reporting Rules

​Council voted to adopt amendments to the Reactor Reporting Rules
​on October 25, 2024. The final rules​ were filed with the Secretary of State and became operative on October 30.

30 Jul 2024Comments Requested on Proposed Amendments to Reactor Reporting Rules
The Energy Facility Siting Council (Council) requests public comment on proposed amendments to its reactor reporting rules found at OAR 345-030-0010.

Oregon State University and Reed College both operate Training, Research, Isotopes and General Atomic (TRIGA) Class nuclear research reactors. Like other nuclear installations, the research reactors operate under licenses issued by the Nuclear Regulatory Commission, and the Council provides state level monitoring and oversight of the facilities as provided by their site certificates and the administrative rules in OAR chapter 345, division 030. This rulemaking is intended to increase consistency with federal reporting and notification requirements.

This rulemaking modifies the annual reporting deadline for operators of research reactors and the timing of reporting done due to certain types of incidents that may occur.

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 Monday August 26, 2024, 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 at: 

https://odoe.powerappsportals.us/SitingPublicComment/

To comment on this project, select “Reactor Reporting 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

RULEMAKING HEARING

There is currently no public hearing scheduled for this rulemaking.
 
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.

Files:

19 Jul 2024Council Considers Proposed Reactor Reporting Rules
At its meeting on July 19, 2024, the Energy Facility Siting Council initiated formal proceedings to adopt proposed amendments to the reactor reporting rules found in OAR 345 Division 30 Rule 0010. Please see the staff reports and materials below for additional information.

July 19 2024, Council Meeting, Agenda Item E
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Standby Generator Exemption Rules

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26 Jan 2024Energy Facility Siting Council Adopts Updated Standby Generator Exemption Rules

​At its meeting​ on January 26, 2024, the Energy Facility Siting Council adopted updates to its rules found in OAR 345-015-0360(1) and (8). These updated rules implement new statutory direction found in HB 2063 (2021), which states, “The council may not require a person who operates or proposes to construct or enlarge a [standby generating facility] to request that the council determine whether the proposed facility qualifies for exemption [under the rules]."

The permanent rules became effective on January 30, 2024. The revised rules are available on the Secretary of State's Oregon Administrative Rules Database.

22 Nov 2023Comments Requested on Proposed Amendment of Standby Generator Exemption Rules

The Energy Facility Siting Council requests public comment on proposed amendments to rules regarding the need for Council certification for an exemption to a site certificate for would-be standby generator operators found in OAR 345-015-0360.

This rulemaking follows from HB 2063, which was passed in 2021. This bill added the following language as ORS 449.320 4(a)(B), "The council may not require a person who operates or proposes to construct or enlarge an energy facility to request that the council determine whether the proposed facility qualifies for exemption under subsection (2)(g) of this section."

This rule change reflects the new statutory language. Complete text of the proposed rules is available for review.

The Notice of Proposed Rulemaking 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 Friday December 29, 2023, 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.

To comment on this project, select “Standby Generator 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 to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301

Email: EFSC.rulemaking@energy.oregon.gov

RULEMAKING HEARING

December 18, 2023 | 10:00 am

Join meeting via Microsoft Teams
Passcode: FpJHyF

Or

Call in: 503-446-4951
Phone Conference ID: 779 020 684#

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 or by phone at (503) 551-7603.

17 Nov 2023Council Considers Proposed Standby Generator Exemption Rules

​At its meeting on Nov 17, 2023, Council initiated formal proceedings to adopt proposed amendments to the standby generator exemption rules found in OAR 345 Division 15 Rule 360. Please see the staff reports and materials below for additional information. Note that the proposed rules have been updated to reflect modifications made by Council during the meeting.

  • Nov 17 2023, Council Meeting, Agenda Item C
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Contested Case Rulemaking

EFSC is updating contested case rules to make proceedings more efficient and to reduce participant confusion as to their rights and responsibilities during the contested case process. This rulemaking will update Oregon Administrative Rules​, Chapter 345, primarily at Division 15. ​
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20 Sep 2024Energy Facility Siting Council Adopts Updated Contested Case Rules

​At its meeting on September 20, 2024, the Energy Facility Siting Council adopted updates to the rules governing its contested case process. This update to the rules – found in Division 15 of OAR 345, Rule 400 through 480 – does five things: 

  1. Reorders and reorganizes the rules to better match the flow of the contested case process. 
  2. Updates the rules to reflect adoption of the Office of Administrative Hearing's model rules for contested cases. 
  3. Improves the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules. 
  4. Improves the clarity of the rules by providing or enhancing definitions where appropriate. This includes changes designed to enhance the readability of the rules, such as a reduced use of acronyms. 
  5. Improves the efficiency of the contested case process by providing additional guidance to all parties and prospective parties who are affected by these rules.

The permanent rules became effective on October 1, 2024. The revised rules are available from the Secretary of State's Oregon Administrative Rules Database.


07 Jun 2024Energy Facility Siting Council Requests Public Comment on Proposed Amendments to Contested Case Process Rules

​The Energy Facility Siting Council requests public comment on proposed amendments to its contested case process rules found in OAR 345 Division 15.

The proposed rulemaking​ language is intended to:

  • Reorder and reorganize the rules to better match the flow of the contested case process.
  • Update the rules to reflect a proposed adoption of the Office of Administrative Hearing's model rules for contested cases.
  • Improve the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
  • Improve the clarity of the rules by providing additional definitions or enhancing existing ones.
  • Improve the efficiency of the contested case process by providing additional guidance to prospective parties and removing the ability for parties to file an interlocutory appeal for party status unless they are denied party status on all issues.

The Notice of Proposed Rulemaking 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 Monday, July 22, 2024 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.

To comment on this rulemaking project, select “Contested Case 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 to:

EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
Email: EFSC.rulemaking@energy.oregon.gov

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.

22 Mar 2024Comments Requested and Rulemaking Hearing on Proposed Amendment of Energy Facility Contested Case Rules

​The Energy Facility Siting Council requests public comment on proposed amendments to its contested case process rules found in OAR 345 Division 15.

The proposed rulemaking language is intended to:

  • Reorder and reorganize the rules to better match the flow of the contested case process.
  • Update the rules to reflect a proposed adoption of the Office of Administrative Hearing's model rules for contested cases.
  • Improve the consistency of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
  • Improve the clarity of the rules by providing additional definitions or enhancing existing ones.
  • Improve the efficiency of the contested case process by providing additional guidance to prospective parties.

The Notice of Proposed Rulemaking 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 Friday April 19, 2024, 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.

To comment on this rulemaking project, select “Contested Case 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  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 22, 2024, at 8:45 am. The hearing will be held in-person at the Oxford Room at the Oxford Suites, 1050 N. First Street, Hermiston, OR 97838. There will also be remote access available to the public hearing via Webex. 

Remote Participation:

Join hearing via Webex
Webinar number: 2346 739 0485
Or
Join by phone: 408-418-9388
Access code: 2346 739 0485

Hearing Materials:

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.​

01 Feb 2024Rulemaking Advisory Committee for EFSC’s Contested Case Rulemaking to Meet February 1

​The Rulemaking Advisory Committee for the Energy Facility Siting Council's contested case rulemaking project will meet virtually on Thursday, February 1, 2024.

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 details:

Thursday, February 1, 2024 | 10 a.m. - 12 p.m.

Join via Microsoft Teams
Meeting ID: 292 286 367 293 | Passcode: eA6PH3
Or call in: +1 503-446-4951 | Phone Conference ID: 764 009 289# 

Meeting materials:


27 Oct 2023Rulemaking Advisory Committee Meeting for EFSC’s Contested Case Rulemaking

​The Rulemaking Advisory Committee for the Energy Facility Siting Council's Contested Case Rulemaking Project will meet virtually on Friday, October 27, 2023, from 10:00 AM to 12:00 PM.

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:

07 Sep 2023Rulemaking Advisory Committee Meeting for EFSC's Contested Case Rulemaking Project

​The Rulemaking Advisory Committee for the Energy Facility Siting Council's Contested Case Rulemaking Project will meet on Thursday, September 7, 2023. This meeting will be held remotely via Microsoft Teams.

This 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. Please see the meeting agenda below for more detailed information.

Meeting Details
Date: September 7, 2023
Time: 9 a.m. – 11 a.m.

Meeting Materials

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Application Process Review Phase 1​​

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24 Aug 2023Energy Facility Siting Council Adopts Updated Siting Application Process Rules

​At its meeting​ on August 24, 2023, the Energy Facility Siting Council adopted updates to the rules covering the application of a site certificate under ORS 345-001-0010, 345-015-0110—345-015-0130, 345-015-0160—345-015-0230, 345-015-0310, 345-020-0006—345-020-0016, 345-020-0040, 345-021-0010, 345-021-0050—345-021-0080, and 345-022-0005. The changes to these rules were intended to make the rules covering the application process easier to understand, including which responsibilities in the application process are the applicant's and which are the Department's. The permanent rules became effective on August 29, 2023.

The revised rules are available on the Secretary of State's Oregon Administrative Rules Database.


30 Jun 2023Comments Requested on Proposed Amendment of Energy Facility Siting Application Process Rules

​The Energy Facility Siting Council requests public comments on the proposed amendment of various process rules governing the application of a site certificate for an energy facility, referred to as the Application Process Phase 1 Rulemaking, including comments on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business.

The proposed rules would:

(1) Standardize the structure of the application process related rules. This was done by organizing similar rules in similar ways, such as making sure that the notice requirements for each phase of the siting process are presented to the reader in the same fashion.

(2) Improve how the process rules are organized. This rule update moves, where possible, all rules governing the department throughout the siting process to Division 15.

(3) Implement minor clarifications. Minor tweaks and updates were made to remove redundancies and to make the rules easier to understand.

Complete text of the proposed rules can be found in the Notice of Proposed Rulemaking and 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 August 18, 2023, to be considered.

Comment Online: 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.

To comment on this project, select “Application Process Rulemaking" from the drop-down menu and follow the instructions. You will receive an email confirmation after submitting your comment.

Written Comments: Written comments may also be submitted by mail or email. Please address all written comments 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 Siting Docket.

RULEMAKING HEARING
An opportunity for oral comments will be provided at a rulemaking hearing on July 26, 2023, at 10:00 am. The hearing will be held remotely.

Meeting Details:
Join meeting via Webex
Join by Phone: 1-408-418-9388
Conference ID: 23419287121
Password for web access: EFSC
Access code for dial-in: 2341 928 7121 

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 or by phone at (503) 551-7603. Please also consider signing up to receive email updates.

23 Jun 2023Council Considers Proposed Amendment of Application Process Phase 1 Rulemaking

​At its meeting on June 23, 2023, Council initiated formal proceedings to adopt proposed amendments to the application process and associated rules, referred to as the Application Process Phase 1 Rulemaking. Please see the staff reports and materials below for additional information.

  • June 23, 2023, Council Meeting, Agenda Item B
27 Apr 2023Application Process Review Phase 1 Rulemaking Advisory Committee Meeting

​The Rulemaking Advisory Committee for the Energy Facility Siting Council's Application Process Review Phase 1 Rulemaking Project will meet on Thursday, April 27, 2023, from 1 p.m. to 4 p.m. This meeting will be held remotely via Microsoft Teams, please see the meeting detail below for information about how to join.

This 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 any person interested in this rulemaking to provide public comment during the meeting.

Meeting Details:

Thursday, April 27, 2023 | 1 p.m. - 4 p.m.​

Meeting Materials:


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Wildfire Prevention and Response Rulemaking​

This rulemaking will evaluate whether the Council should adopt standards or requirements related to wildfire prevention, preparedness, or response as part of the siting review process, consistent with rules currently under consideration by the Oregon Public Utility Commission.​

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16 Jun 2024Oregon Department of Energy Files Final Rules

​The Oregon Department of Energy filed final rules​ with the Secretary of State on June 16, 2024. The rulemaking added a new residential building code in the eligibility requirements for incentives for residential structures. The rulemaking went into effect June 14, 2024.

22 Jul 2022Energy Facility Siting Council Adopts New Energy Facility Siting Standard for Wildfire Prevention and Risk Mitigation

​At its meeting on July 22, 2022, Council adopted rules establishing a new standard for Wildfire Prevention and Risk Mitigation which will apply to the review of all applications for site certificate and requests for amendment which are submitted or determined to be complete on or after July 29, 2022.

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.

31 May 2022Comments Requested on Proposed Adoption of New Energy Facility Siting Standard for Wildfire Prevention and Risk Mitigation

​The Energy Facility Siting Council requests public comment on proposed adoption of a new energy facility siting standard for Wildfire Prevention and Risk Mitigation and related rules, including comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business.

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​​

27 May 2022Council Considers proposed Standard for Wildfire Prevention and Risk Mitigation

​At its meeting on May 27, 2022, Council initiated formal proceedings to adopt new rules to address wildfire prevention and response at energy facilities. See the staff report and meeting materials below for additional information.

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

27 Jan 2022Public Workshop on EFSC Wildfire Prevention and Response Rulemaking

​The Oregon Department of Energy will hold a public workshop to obtain input on the Energy Facility Siting Council's Wildfire Prevention and Response Rulemaking Project on Thursday, January 27, 2022 from 3:00 pm to 6:00 pm.

 This workshop will be held virtually via Microsoft Teams, please see the details below for more information about how to join. Any person who is interested in this rulemaking is invited to participate in the workshop.

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:


22 Oct 2021Energy Facility Siting Council Initiates Wildfire Prevention and Response Rulemaking

​The Energy Facility Siting Council initiated the Wildfire Prevention and Response Rulemaking and authorized staff to conduct one or more public workshops to obtain additional public on policy issues and potential draft rules. For more information, see the meeting materials from Agenda Item G of the October 22, 2021 EFSC Meeting:​

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Rad​ioactive Waste Materials

​This rulemaking project will identify proposed revisions to OAR chapter 345, division 050, and other rules to implement the new provisions of SB 246 (2021) and to ensure that Oregon's regulation of radioactive wastes is sufficient to protect public health and safety and the environment.

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17 Nov 2023Energy Facility Siting Council Adopts Updated Rules Related to Treatment of Radioactive Waste in Oregon

​At its meeting on November 17, 2023, the Energy Facility Siting Council adopted updates to its rules found in ORS Chapter 345, Division 050 (-0006, -0010, -0020, -0025, and -0030), which deal with the treatment of radioactive waste in the state of Oregon. These updated rules implement new statutory direction found in SB 246 (2021) and ensure Oregon's regulation of radioactive waste is sufficient to protect public health, public safety, and the environment.

The permanent rules became effective on November 17, 2023. The revised rules are available on the Secretary of State's Oregon Administrative Rules Database.

19 Oct 2023Comments Requested on Proposed Amendments to EFSC’s Radioactive Waste Materials Rules

The Energy Facility Siting Council requests public comment on the proposed amendments to its radioactive waste materials rules found in OAR 345 Division 50.

With Senate Bill 246 (2021), the legislature enabled the Energy Facility Siting Council, with support from ODOE, to update and clarify the definition of radioactive waste subject to the disposal ban found in OAR 345 Division 50.

The rulemaking was undertaken to evaluate whether changes to rules are needed to protect public health and safety; consider what, if any, standards and rules are necessary to prevent disposal of radioactive waste in Oregon; and to align requirements with regulatory authority of other agencies and with practicable actions.

The proposed rulemaking language:

1. Improves how the process rules are organized and external Tables are referenced.

​​2. Adds two new exemptions to the ruleset: one for petroleum wastes enriched in Lead-210 and one for metabolized medical isotopes when the receiving facility has a work procedure approved by ODOE staff. 

Complete text of the proposed rules are available here.

The Notice of Proposed Rulemaking 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 p.m. on Friday, October 27, 2023, 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.

To comment on this project, select “Radioactive Waste 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 

RULEMAKING HEARING

An opportunity for oral comments will be provided at a rulemaking hearing on October 19, 2023. The hearing will be held both in person in Salem and virtually via Webex.

Hearing Details

Date/Time: Thursday, October 19, 2023 | 1:00 p.m.
In-Person Location: Oregon Department of Energy's Meitner Room
                                   550 Capitol St 
                                   Salem, OR NE 97301
Virtual Option: Join the meeting via Webex

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 or by phone at (503) 551-7603.

22 Sep 2023Council Considers Proposed Radioactive Waste Rulemaking Amendments

​At its meeting​ on Sept 22, 2023, Council initiated formal proceedings to adopt proposed amendments to the radioactive waste rules found in OAR 345 Division 50. Please see the staff reports and materials below for additional information.

  • Sept 22, 2023, Council Meeting, Agenda Item G
24 Apr 2023Radioactive Waste Rulemaking Advisory Committee
The Rulemaking Advisory Committee for the Energy Facility Siting Council's Radioactive Waste Materials Rulemaking Project will meet on Monday, April 24, 2023, from 9 a.m. to noon. This meeting will be held remotely via Microsoft Teams; please see the meeting detail below for information about how to join.

This 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 any person interested in this rulemaking to provide public comment during the meeting.
07 Nov 2022Radioactive Waste Rulemaking Advisory Committee Meeting

​The Rulemaking Advisory Committee for the Energy Facility Siting Council's Radioactive Waste Materials Rulemaking Project will meet on Monday, November 7, 2022, from 1 to 3 p.m. This meeting will be held remotely via Microsoft Teams, please see the meeting detail below for information about how to join.

This 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 any person interested in this rulemaking to provide public comment during the meeting.

Meeting Materials:


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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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