 | | 24 Oct 2017 | Permanent Rules Filed to Reorganize Division 27 and Rewrite the Rules Governing Requests for Amendments to Site Certificates | At its October 19, 2017 meeting, the Energy Facility Siting Council
(EFSC) approved the rulemaking project to reorganize Div. 27 and rewrite its
rules governing requests for amendments to site certificates. In doing so, it
approved: the adoption of new rules; the amendment of existing rules; the
renumbering of existing rules; the renumbering and amendment of existing rules;
and the repeal of an existing rule.
The ultimate goals of the approved rules are to enhance the opportunity
for public participation while minimizing increases in review time. The
approved rules are not intended to alter the substantive aspects of how the
Council’s rules and standards apply to the Council’s review of a request for an
amendment to a site certificate. The scope of this rulemaking is intended to be
strictly procedural in nature and effect.
Ultimately, the approved rules amount to a wholesale re-write of the
existing rules governing the Council’s processes for reviewing requests for
amendments (RFAs) to a site certificate. The approved rules provide a new Type
A review process for the Council to use as its default process for reviewing
most types of changes proposed by energy facility site certificate holders
(CHs) in an RFA. Approved rules also provide a new Type B review process that
may be allowed upon request; a new Type C review process that may be allowed
upon request; a transfer process that is largely the same as the existing
transfer process; and a revised process to apply later-adopted laws.
The amended rules were filed with the Secretary of State and went into
effect on October 24, 2017.
A clean copy of the final approved rule language, along with other
helpful information can be found at the links below:
For more information, please see
prior postings related to this rulemaking topic.
| | | | 09 Oct 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | At its October 19, 2017 meeting, during Agenda Item B,
the Energy Facility Siting Council (EFSC) will consider all the comments received on the record for this
rulemaking project and deliberate on whether to approve final rule language
and/or whether to provide additional direction to staff. Meeting materials for
the Council’s agenda items are located on the EFSC Meetings webpage: http://www.oregon.gov/energy/facilities-safety/facilities/Pages/Council-Meetings.aspx
Record of Written Comments
The comprehensive record of written comments received for this
rulemaking project include written comments received from when the official
public notice and comment process for this rulemaking began in January 2017, to
when the most recent extension of the comment period closed at 5 p.m. on
September 29, 2017. This record is located as Attachment M to the staff report
for Agenda Item B for the Oct. 19, 2017 EFSC meeting
Versions of Proposed Rules
The most recent versions of proposed rules for Division 27 are Rev3 and
Rev4. “Division 27 Proposed Rules - Rev 3” was issued to this webpage on
September 8, 2017 with a summary of the key revisions (see 08-SEP-2017 posting on
this webpage below). In the time since the “Div. 27 Proposed Rules - Rev 3”
were issued, staff and its legal counsel have made a small number of changes to
ensure the rule text accurately reflects the Council’s intent. These changes
are shown in the redline of “Division 27 Proposed Rules - Rev4,” which is
located as Attachment C to the staff report for Agenda Item B for
the Oct. 19, 2017 EFSC meeting.
Revisions to “Division 27 Proposed Rules - Rev3” include:
- Removing the
language under 345-027-0011 of the “Division 27 Proposed Rules – Rev3” that
allows the timing provisions for how long the Council may extend construction
deadlines under the existing Div. 27 rules to be applied to portions/phases of
facilities not yet in construction, but already approved for construction prior
to the effective date of the proposed rules, and adding new language under 345-027-0085
that accomplishes the same purpose;
- Removing the
language under 345-027-0080(13) of the “Division 27 Proposed Rules – Rev3” that
requires a certificate holder to remedy any deviation between the language and
conditions of a temporary order and final order, and adding new language that
prevents a certificate holder from being held in violation when a certificate
holder takes action under the authority of a temporary order that is
inconsistent with the language and conditions of a final order, so long as the
inconsistency is remedied by the certificate holder as specified by the Council
in the final order; and
- Minor
administrative corrections to cross-references and to ensure consistent
language.
Comprehensive Staff Report and
Attachments
The staff
report and attachments for Agenda Item B at
the Oct. 19, 2017 EFSC constitute a comprehensive record of all the key
information the Council has considered and used during its deliberations on
this rulemaking project. Attachments include:
- Attachment A: List
of Acronyms
- Attachment B:
Comprehensive Redline of “Division 27 Proposed Rules – Rev4”
- Attachment C:
Redline of “Division 27 Proposed Rules – Rev4”
- Attachment D:
Redline of “Division 27 Proposed Rules – Rev3”
- Attachment E:
Redline of “Division 27 Proposed Rules – Rev2”
- Attachment F:
Redline of “Division 27 Proposed Rules” - Original
- Attachment G: Clean
text of “Division 27 Proposed Rules” - Original
- Attachment H:
Redline of “Division 15 Proposed Rules”
- Attachment I:
Redline of “Division 25 Proposed Rules”
- Attachment J:
Crosswalk Document
- Attachment K:
Process Charts
- Attachment L:
Historical Data on Amendments
- Attachment M:
Comprehensive Record of Written Comments Received
Additional
information about this rulemaking can be found under prior postings located
below.
| | | | 08 Sep 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | In accordance with the Sixth Public Notice issued for this rulemaking project on August 10, 2017, the Department of
Energy has completed the latest Council directed revisions to the Division 27
Proposed Rules.
Proposed
Rule Language:
Redline OAR Chapter 345, Division 27 Proposed Rules - Rev3 (to be considered by the Council at its October 19-20, 2017 EFSC
Meeting)
Key
Revisions:
OAR 345-027-0057, a proposed rule detailing the Amendment Determination
Request (ADR) process to be used by certificate holders to have the Department
determine whether an amendment is required for any type of proposed change
(including additions of area to the site boundary), and to have the Department
determine whether review of a request for amendment should be reviewed under
the type A review process (formerly named the “standard,” “default,” or “review
process with more steps”) or the type B review process (formerly named the
“expedited” or “review process with fewer steps”).
OAR 345-027-0080, a proposed rule detailing the limited type C review
process. The type C review process would only be available for a proposed
change that relates to the facility, or portion/phase of the facility, not yet
in operation, but approved for construction in the site certificate or amended
site certificate, and only be available upon request and approval by the
Council.
Extended
Written Comment Period:
As a
reminder, there is no opportunity to provide oral comments during the extended
written comment period. All comments on the proposed rules must be received in
writing before 5 p.m. PST on September 29, 2017.
Written comments can be provided by
email to EFSC.rulemaking@oregon.gov,
or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806
There
is no opportunity to provide oral comments during the extended written comment
period.
All
comments must be received in writing before 5 p.m. PST on September 29, 2017.
Additional
information about this rulemaking can be found under the prior postings located
below. | | | | 10 Aug 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | At its July 27-28, 2017 meeting, the Council directed its staff to extend the comment period on this rulemaking to receive written comments only, and to make the following revisions to the proposed rules:
- Include a third review process for truly expedited situations. The third review process would be in addition to the standard (default) review process with more steps and the expedited review process with less steps that are currently proposed in the “Division 27 Proposed Rules – Rev2” that the Council reviewed at its meetings on April 28, May 25, and July 27-28.
- Require the certificate holder (CH) to submit an Amendment Determination Request (ADR) for any proposed addition of area to the site boundary. Staff would determine if a request for amendment is necessary, and the CH may appeal staff’s determination to the Council. A CH may directly submit a request for amendment for a proposed addition of area, bypassing the need to submit an ADR.
- The CH may submit an ADR to ask staff whether its proposed change(s) can be reviewed through a process other than the default process with more steps. Staff would determine which review process applies, and the CH may appeal staff’s determination to the Council.
- Refine the factors staff and the Council may consider when determining whether a proposed addition of area to the site boundary requires a request for amendment.
- Refine the factors staff and the Council may consider when determining whether the change(s) proposed by a CH may be reviewed through a process other than the default review process with more steps.
- Require the Preliminary RFA to be posted to the EFSC website.
Availability of Revised Rules:
Revised Division 27 rules (“Division 27 Proposed Rules – Rev3”) are not complete and are not available for review at this time. Complete revised rules will be posted to this EFSC rulemaking webpage on September 8, 2017.
Extended Written Comment Period:
There is no opportunity to provide oral comments during the extended written comment period.
All comments must be received in writing before 5 p.m. PST on September 29, 2017.
Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806
There is no opportunity to provide oral comments during the extended written comment period.
All comments must be received in writing before 5 p.m. PST on September 29, 2017.
Links to More Information:
Additional information about this rulemaking can be found under prior postings located below.
| | | | 22 Jun 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | A rulemaking hearing will be held on July 28, 2017 as part of the Council’s July 27-28, 2017 EFSC meeting at the Best Western Plus, Hood River Inn in Hood River, Oregon.
Third Rulemaking Hearing:
Date: July 28, 2017Time: Rulemaking hearing begins at 8:30 a.m.Location: Columbia RoomBest Western Plus, Hood River Inn1108 E. Marina Way Hood River, OR 97031Call-in: 877-873-8017Passcode: 799345
Hearing Format:
Staff will introduce a list of specific issues the Council would like to receive public comment on during the hearing. Staff will first introduce the issue, which will include a brief overview, a description of how staff has addressed the issue in the proposed rules and a description of some of the other options the Council could choose to pursue for that issue.
The Council will then have the opportunity to ask staff for any clarification. Next, the Council will seek input from any member of the public who is interested in that issue. Staff recommends that the Council seek input on each issue in a panel format, with the Council asking questions of individual panel members or the panel jointly.
Finally, panel members will each have a time-limited opportunity to address the Council on the issue generally following the conclusion of the Council’s questioning. Staff recommends the Council impose time limits for the discussion of each issue at the beginning of the hearing.
The list of specific issues represent those that staff has identified as having the greatest interest or concern by the Council and stakeholders. Council members are encouraged to add any other issues of interest or concern that are not included in the list. The public may also address issues not included in the list following the conclusion of the Council’s and public’s discussion of the listed issues.
The list of specific issues is included in the staff report for the July 27-28, 2017 Council meeting, which can be found here, and on the Council’s meetings webpage at https://www.oregon.gov/energy/facilities-safety/facilities/Pages/Council-Meetings.aspx
Comment Period:
Oral comments can be provided in person or via telephone during the rulemaking hearing.
Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806
All comments on the proposed rule changes must be received before the close of the July 28, 2017 rulemaking hearing.
Links to More Information:
Proposed Rule Language:
- Redline OAR Chapter 345, Division 27 Proposed Rules – Rev2 (revised proposed rules, a redline of the clean original proposed by staff at the February 24, 2017 EFSC meeting)
- Redline OAR Chapter 345, Division 27 Proposed Rules – Original (original version proposed by staff at the February 24, 2017 EFSC meeting)
- Clean OAR Chapter 345, Division 27 Proposed Rules – Original (original version proposed by staff at the February 24, 2017 EFSC meeting)
- Redline OAR Chapter 345, Division 15 Proposed Rules (no changes from original proposed by staff at the Feb. 24, 2017 EFSC Meeting)
- Redline OAR Chapter 345, Division 25 Proposed Rules (no changes from original proposed by staff at the Feb. 24, 2017 EFSC Meeting)
Oregon Secretary of State Filing Forms (for Third Rulemaking Hearing):
Additional information about this rulemaking can be found under the prior postings associated with this rulemaking (see below) and under the associated rulemaking agenda items on the Council’s meetings webpage at:
https://www.oregon.gov/energy/facilities-safety/facilities/Pages/Council-Meetings.aspx.
| | | | 08 May 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | A rulemaking hearing will be held at the May 25-26 Energy Facility Siting Council meeting at the Oregon Department of Energy in Salem, Oregon.
Second Rulemaking Hearing:
Date: May 25-26, 2017
Time: EFSC meeting begins at 4:00 p.m.
Rulemaking hearing begins at 4:30 p.m.
Location: Meitner Conference Room
Oregon Department of Energy
550 Capitol St. NE, 1st Floor
Salem, OR 97301
Call-in: 877-873-8017
Passcode: 799345
Oral Comment:
To provide ample time for each interested person to provide oral comment to the Council, two oral comment sessions will be held for this hearing. Oral comments can be provided in person or via telephone during the rulemaking hearing.
- Session 1: Thursday, May 25, beginning at 4:30 p.m.
- Session 2: Friday, May 26, beginning at 10:15 a.m.
Each interested person will be allotted one, 20-minute time period to provide oral comment. An interested person may comment in either session, but cannot comment in both.
The Council requests anyone interested in commenting to RSVP staff by sending an email to EFSC.rulemaking@oregon.gov, or by calling the EFSC Rules Coordinator at 503-373-2127 before 5 p.m. May 23, 2017. While this is not a requirement to provide comment, it will greatly assist staff in planning for the hearing.
This is a one-day extension of the May 25, 2017 comment deadline provided in the Oregon Bulletin notice dated May 1, 2017.
Written Comment Deadline:
Close of the rulemaking hearing on May 26, 2017
This is a one-day extension of the May 25, 2017 comment deadline provided in the Oregon Bulletin notice dated May 1, 2017.
Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806
All comments on the proposed rule changes must be received before the close of the rulemaking hearing on May 26, 2017.
Links to More Information:
Additional information about this rulemaking can be found under the April 21 post below.
| | | | 21 Apr 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | EFSC received written comments and heard oral comments on the proposed rules at its February 23-24, 2017 meeting. In response to EFSC direction to staff at that meeting, staff has revised the originally proposed rules to include a second, more expedited, review process, to include an option for the certificate holder to ask the Council whether a proposed change to add area to the site boundary requires an amendment, and to include an option for the certificate holder to ask the Council whether a proposed change can be reviewed under the proposed new standard process or the proposed new expedited process. Staff also received six (6) comment letters before March 24, 2017. Staff will present the suggestions from these letters to the Council at the April 28, 2017 EFSC meeting.
At its February 23-24, 2017 meeting, the Council directed staff to hold a second rulemaking hearing at the May 25-26, 2017 EFSC meeting and approved an extension of the comment period on this rulemaking to coincide with the close of that second rulemaking hearing.
Second Rulemaking Hearing:
Date: May 25, 2017
Time: EFSC meeting begins at 4:00 p.m.
Rulemaking hearing begins at 4:30 p.m.
Location: Meitner Conference Room
Oregon Dept. of Energy
550 Capitol St. NE, 1st Floor
Salem, OR 97301
Call-in: 877-873-8017
Passcode: 799345
Extended Comment Period:
Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 4:30 p.m. on May 25, 2017.
Written comments can be provided by email to EFSC.rulemaking@oregon.gov, or by U.S. mail, hand delivery or fax to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806
All comments on the proposed rule changes must be received before the close of the May 25, 2017 rulemaking hearing.
Links to More Information
Proposed Rule Language:
Documents Relied Upon for this Rulemaking:
OAR 345-027-0000 through -0240
OAR 345-015-0014, OAR 345-015-0016, OAR 345-015-0080, and OAR 345-015-0083
Oregon Secretary of State Filing Forms (for Second Rulemaking Hearing):
EFSC Meeting Webpage, Key Meetings:
Feb. 3, 2012 (Minutes)
May 10-11, 2012 (Minutes, presentation, matrix)
August 24, 2012 (Minutes, staff report)
November 2, 2012 (Minutes, staff report, handout)
January 25, 2013 (Minutes, staff report)
March 15, 2013 (Minutes, staff report)
May 3, 2013 (Minutes, staff report, presentation)
June 21, 2013 (Minutes, staff report, RAC members)
September 27, 2013 (Minutes)
May 9, 2014 (Minutes)
November 21, 2014 (Minutes, staff report 1, staff report 2, charts)
June 17, 2016 (Minutes, staff report, presentation)
August 18-19, 2016 (Minutes, presentation)
November 3-4, 2016 (Minutes, staff report, Div 15 redline, Div 25 redline, Div 27 crosswalk, Div 27 Version 1, Div 27 Version 2, charts, RAC members)
February 23-24, 2017 (Staff report, presentation)
| | | | 01 Mar 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | At its February 23-24, 2017 meeting, the Energy Facility Siting Council
directed its staff to revise the proposed rules, stated that a second public
hearing be held on May 25 or 26, 2017, and approved an extension of the comment
period to May 25 or 26, 2017 (exact date and time to coincide with the close of
the second rulemaking hearing).
The extended comment period is broadly intended to function in two
phases. During the first phase, the Council is seeking suggestions for rule
language that could improve upon the rules proposed by staff at the February 23-24,
2017 meeting. To allow staff adequate time to evaluate any suggested rule
language for inclusion into the revised proposed rules Council directed staff
to write, staff requests that all suggested rule language be received before 5 p.m.
on March 24, 2017.
The second phase of the extended comment period will begin when staff issues
the revised proposed rules the Council directed staff to write. At this time,
staff is targeting to complete its writing of revised proposed rules sometime
between April 15 and April 30. Once revised proposed rules are complete, staff
will issue notice of the second rulemaking hearing and post the revised
proposed rules it writes, along with any suggested rule language it receives
during the first phase of the extended comment period, to the EFSC rulemaking
webpage.
Extension of Comment Period:
Deadline for Submitting Suggested Rule
Language:
Staff requests that all suggested rule
language be received before 5 p.m. on March 24, 2017.
General Comment Deadline:
All comments
must be received before the close of the second rulemaking hearing that will be
scheduled for the May 26-27, 2017 EFSC meeting (exact date and time is yet to
be determined).
Written
comments can be provided by email to EFSC.rulemaking@oregon.gov,
or by U.S. mail, hand delivery or fax to:
EFSC Rules
CoordinatorOregon
Department of Energy550 Capitol
St. NESalem, OR
97301
Oral comments can be provided in person or
via telephone during the second rulemaking hearing that will be scheduled for
the May 26-27, 2017 EFSC Meeting.
Date: TBD (either May 25 or 26, 2017)Time: TBD
Additional notice
containing these details will be issued when staff issues revised proposed rule
language.
Links to more information, including the originally proposed rule
language, can be found below.
| | | | 19 Jan 2017 | Rulemaking to reorganize Division 27 and rewrite the rules governing requests for amendments to site certificates | At its November 3-4, 2016 meeting, the Energy Facility Siting
Council (EFSC) authorized the initiation of permanent rulemaking to
reorganize Division 27 and rewrite the rules governing requests for amendments
to site certificates. This was the latest EFSC action in a series of actions
dating back to EFSC initiating a review of the site certificate amendment
process at its August 24, 2012 meeting. For a list of links to EFSC webpages
containing prior information relating to this rulemaking, please see below.
Summary
The ultimate goals of the proposed rules are to enhance the
opportunity for public participation while minimizing increases in review time.
This rulemaking is not intended to alter the substantive aspects of how the
Council’s rules and standards apply to the Council’s review of a request for an
amendment to a site certificate. The scope of this rulemaking is intended to be
strictly procedural in nature and effect.
The proposed rules would provide a standard, generally applicable,
one-size-fits-most process that the Council would use to review most types of
changes proposed by energy facility site certificate holders in a request for
amendment (RFA). The idea of having most types of proposed changes reviewed
through a standard process is not new and is consistent with existing rules.
Existing rules provide three Council review processes: a standard,
one-size-fits-most process; a transfer process; and an expedited process. The
proposed rules provide for two processes: a standard, one-size-fits-most
process and a transfer process. Ultimately, the proposed rules amount to a
wholesale re-write of the existing rules governing the Council’s processes for
reviewing RFAs.
Please see the links below for more information about this
rulemaking, including:
- the official
public notice document (containing a more detailed summary of the changes
being proposed);
- the proposed
rules that would adopt, amend, repeal, renumber, and amend and renumber
various rules in Divisions 27, 15, and a newly proposed Division 25;
- a crosswalk
document comparing the existing Division 27 rules to the proposed Division
27 rules;
- process charts
showing how EFSC reviews requests for amendment (RFAs) under existing
rules and how RFAs would be reviewed under proposed rules;
- any documents
relied upon; and
- copies of the
required rulemaking forms that have been filed with the Oregon Secretary
of State.
- links to EFSC
webpages containing prior information relating to this rulemaking
Rulemaking Hearing
Date:
February 24, 2017
Time:
EFSC meeting begins at 8:30
a.m.
Rulemaking hearing begins at 10:30 a.m.
Location:
Cousins’ Country Inn, Banquet Room
2114
W. 6th ST NE
The Dalles, OR 97058
Call-in:
877-873-8017,
Passcode: 799345
Comment Period
Oral comments can be provided in person or via telephone during
the rulemaking hearing scheduled to begin at 10:30 a.m. on February 24, 2017.
Written comments can be provided by email to
EFSC.rulemaking@oregon.gov, or by
U.S. mail, hand delivery or fax to: EFSC Rules Coordinator 550 Capitol St. NE
Salem, OR 97301 FAX: 503-373-7806
*All comments on the proposed rule changes must be received before
the close of the February 24, 2017 rulemaking hearing*
Links to More Information
Public Notice
Proposed rule language:
Clean OAR Chapter 345, Division 27 Proposed Rules
Redline OAR Chapter 345, Division 27 Proposed Rules
Redline OAR Chapter 345, Division 15 Proposed Rules
Redline OAR Chapter 345, Division 25 Proposed Rules
Crosswalk Document
Process Charts
Documents relied upon for this rulemaking:
OAR 345-027-0000 through -0240
OAR 345-015-0014, 345-015-0016, 345-015-0080, and 345-015-0083
Oregon Secretary of State filing forms:
Notice of Proposed Rulemaking Hearing
Statement of Need and Fiscal Impact
Housing Cost Impact Statement | | | | 25 Nov 2014 | Third rulemaking advisory committee meeting held in The Dalles | The rulemaking advisory committee discussed proposed changes to the site certificate amendment process under Oregon Administrative Rules 345-027-0030 through 345-027-0100.
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