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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.

At its February 22, 2019 meeting, the Council approved its 2019 Rulemaking Schedule. The schedule includes unfinished and pending 2018 projects as well as new proposed projects. The Staff Report for Agenda Item J from the February 2019 meeting includes a full description of each project.

Staff may work on projects other than indicated in the Staff Report. Please note that Council may approve additional rulemaking projects may be proposed before the next regular update of the rulemaking schedule.

Current Rulemaking:
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Past Rulemaking:

2019 Housekeeping Project

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17 Jun 2019Notice of Proposed Rulemaking for the 2019 OAR Chapter 345 Housekeeping Project

The Energy Facility Siting Council is considering changes to OAR 345-001, 345-015, 345-020, and 345-021, 345-027. The rule changes are needed to facilitate electronic transmission of application materials, improve the consistency of noticing requirements with statute and local government processes, and reduce administrative and reporting costs to applicants and certificate holders. The Council is expected to consider adoption of permanent rules at its August 23, 2019 meeting in Boardman. Please see the notice below for more information about the specific changes proposed, including the statements of need and fiscal impact.

Notice of Proposed Rulemaking

A public comment period on the proposed rule changes is now open. All comments must be received by August 23, 2019 at 9:30 a.m. to be considered. Stakeholders are encouraged to provide written comments by August 1, 2019 for advance distribution to the Council.

Written comments may 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 

Oral comments may be provided in person or via telephone during a rulemaking hearing scheduled to begin at 9 a.m. on August 23, 2019.

Rulemaking Hearing:
Friday, August 23, 2019, 9 a.m.
Port of Morrow Riverfront Center
Riverfront Room
2 Marine Drive
Boardman, OR 97818 

To participate by teleconference please call toll-free: 1-877-873-8017 and enter code 799345.

19 Apr 2019Housekeeping Rulemaking Project: Draft Rules for Chapter 345

​The Oregon Department of Energy has released an initial draft of proposed changes to Oregon Administrative Rules chapter 345, associated with the 2019 Housekeeping Rulemaking Project that the Energy Facility Siting Council approved at its February 2019 meeting. The proposed changes include:

  • ​Amending OAR 345-001-0000 to specify that rulemaking notices under Oregon Revised Statute 183.335 may be sent electronically and adopting procedures to update the Council’s rulemaking mailing lists.
  • Amending OAR 345-001-0010 to delete the definition of “Office of Energy,” add the Department of Aviation to the definition of “Reviewing Agency,” and amend the definition of “related or supporting facilities” to be more consistent with statute.
  • Amending OAR 345-015-0014; 345-015-0016; 345-015-0080; 345-015-0083; 345-015-0220; 345-015-0230; 345-015-0310; 345-027-0071; 345-015-0080 to clarify noticing requirements following issuance of a draft proposed order on an application for site certificate or request for amendment. Amending OAR 345-015-0014 to be consistent with ORS 183.413, 183.415 and OAR 137-003-0001.
  • Amending OAR 345-015-0110(2)(h), 345-015-0190(8)(f), and 345-015-0220(3)(c) and (f) to remove references to “project officers.”
  • Amending OAR 345-015-0310(5), 345-020-0011(3), 345-020-0016, 345-021-0000(8), 345-021-0010(3), 345-021-0055(1), 345-021-0090(5), 345-027-0110(4), and 345-027-0220(3) to reduce the number of printed copies of project materials an applicant or certificate holder must submit from an original and two copies to an original and one copy.
  • Amending OAR 345-020-0011(1)(f), 345-021-0010(1)(f), 345-027-0060(1)(f), and 345-027-0110(5) to align property owner listing requirements with local government practices.
  • Amending OAR 345-020-0020(2); 345-021-0050(2); 345-021-00055(3) to provide that an applicant must send electronic copies of application materials to reviewing agencies, and must provide printed copies of all or part of the application materials upon request.
  • Amending OAR 345-021-0055 to clarify use of the terms “application supplement” and “complete application.”

The department intends to present the draft rules to the Energy Facility Siting Council at its May 16-17 meeting in Condon, Oregon. Stakeholders are encouraged to provide any input on the draft rule changes or their associated fiscal impacts for Council’s consideration to EFSC.Rulemaking@oregon.gov by May 2, 2019. The department may revise the draft rules based on this input.

At its meeting in Condon, the Council will review the proposed rule changes and consider authorizing staff to issue a Notice of Proposed Rulemaking. If authorized, a formal public comment period will follow issuance of the Notice.

The draft rules and issues document below are provided for information only and are not notice of rulemaking action by the Energy Facility Siting Council:

For more information about this rulemaking project, please email EFSC.Rulemaking@oregon.gov or contact Christopher Clark at 503-373-1033.
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Single Solar PV Facility and Solar PV Facility-Specific Rules

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06 Mar 2019Single Solar PV Facility and Solar PV Facility-Specific Rules

The fourth meeting of the Rulemaking Advisory Committee (RAC) for the Council’s Solar PV Rulemaking project will be held on March 6, 2019 at the Oregon Department of Energy in Salem.

This meeting will be focused on what constitutes a “solar photovoltaic power generation facility” as that phrase is used in the definition of “energy facility” under Oregon Revised Statute 469.300(11).

Due to time constraints, we ask that only appointed RAC members participate in the discussion. However, all RAC meetings are open to the public and the opportunity to provide public comment will be provided at a designated time.

Additional information related to this rulemaking project can be found under prior postings related to this rulemaking project and on the EFSC Meetings Webpage within staff reports for rulemaking agenda items on this topic.

Fourth RAC Meeting Information

Wednesday, March 6, 2019
10:30 a.m. – 2:30 p.m.
Oregon Department of Energy
Meitner Conference Room
550 Capitol St. NE
Salem, OR 97301                 

Call-in: 1-877-873-8017
Passcode: 799345#

Skype Webinar: https://meet.oregon.gov/sean.mole/MBFDWB4R

Meeting Materials


16 Jan 2019Single Solar PV Facility and Solar PV Facility-Specific Rules

​The third meeting of the Rulemaking Advisory Committee for the Council’s Solar PV Rulemaking project will be held on Jan. 30, 2019 at the Port of Morrow Riverfront Center in Boardman.

The third RAC meeting will continue discussion of issues specific to solar PV facilities that may require development of specific siting standards. These include impacts of glare from solar panels and system components; impacts related to changes in microclimate near solar facilities (i.e. the heat island effect); and other areas raised by RAC members.  

Due to time constraints, we ask that only appointed RAC members participate in the discussion. However, all RAC meetings are open to the public and the opportunity to provide public comment will be provided at a designated time.

More information related to this rulemaking project can be found under prior postings below and on the EFSC meetings webpage within staff reports for rulemaking agenda items on this topic.

Third RAC Meeting Information 

Wednesday, Jan. 30, 2019
10:30 a.m. – 2:30 p.m.
Port of Morrow Riverfront Center
Wells Springs Conference Room
2 Marine Drive
Boardman, OR 97818                   

Call-in: 1- 877-873-8017
Passcode: 799345#

Skype Webinar: Join Skype Meeting or https://meet.oregon.gov/sean.mole/MBFDWB4R

Meeting Materials

06 Nov 2018Single Solar PV Facility and Solar PV Facility-Specific Rules

​The second Solar PV RAC meeting will discuss potential issues related to solar PV facilities, which are (1) toxicity and safe disposal; (2) glare and glint; (3) heat island effect; and (4) wildlife and wildlife habitat.

Second RAC Meeting Information:

Thursday, November 8, 2018
10:30 am – 2:30 pm
City of Prineville (City Hall), Council Chambers
387 NE Third Street, Prineville, Oregon 97554

To participate by teleconference, please call toll-free:
1-877-873-8017 and enter participant code 799345.

To register for the meeting’s webinar:

https://connect9.uc.att.com/service32/meet/?ExEventID=8799345

Links:

28 Aug 2018Single Solar PV Facility and Solar PV Facility-Specific Rules

​At its June 29, 2018 meeting, the Energy Facility Siting Council initiated a rulemaking project related to the evaluation of the need to establish a definition or criteria for what constitutes a single solar PV energy facility for purposes of EFSC jurisdiction, and evaluate whether or not specific standards should be developed for solar PV energy facilities. The purpose of the rulemaking project is to:

  1. Evaluate whether multiple non-EFSC jurisdictional solar PV facilities could aggregate in a way that the aggregate is functionally the size of an EFSC jurisdictional solar PV facility;
  2. If it is determined that multiple non-EFSC jurisdictional solar PV facilities could functionally aggregate to the size of an EFSC jurisdictional solar PV facility, develop new rules that identify objective criteria for determining the circumstances of when multiple non-EFSC jurisdictional solar PV facilities functionally aggregate to the size of an EFSC jurisdictional solar PV facility; and
  3. Evaluate whether or not specific standards should be developed for the siting of solar PV facilities, and if so, develop such standards.

EFSC has appointed a Rulemaking Advisory Committee to support the evaluation and development of proposed rules. The purpose of the RAC is to be a forum for a variety of individual input from diverse interests, and is not intended to necessarily seek agreement or consensus on any proposed rule language.

The Oregon Department of Energy will hold, on behalf of EFSC, a minimum of three RAC meetings. The first RAC meeting is scheduled for August 30, 2018 in Salem at ODOE main office. The second and third RAC meetings will be held later in 2018 and will likely be in Prineville and Boardman. All RAC meetings will have a conference call and webinar option for remote access. At the conclusion of the RAC meeting process, draft rules will be brought before EFSC for consideration. 

First RAC Meeting Information: 

August 30, 2018, 10 a.m. to 2 p.m.
Meitner Conference Room
Oregon Department of Energy
550 Capitol Street NE

Salem, OR 97301

Call-in: 877-873-8017, Passcode: 799345#

Web Conference for AT&T Connect iMeeting: https://connect9.uc.att.com/service32/meet/?ExEventID=8799345​
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Compliance Rulemaking Project


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29 Jun 2018Compliance Rulemaking Project

​At its June 29, 2018 meeting, EFSC initiated a rulemaking project related to:

  1. Evaluate, in terms of effectiveness and efficiency, the Council’s rules that relate to how the Council ensures compliance with all applicable rules, all applicable laws, and the terms, requirements, and conditions written into site certificates and final orders; and
  2. ​Potentially draft proposed rule changes to increase the effectiveness and efficiency of the Council’s compliance activities.

EFSC has appointed a rulemaking advisory committee (RAC) to support the evaluation and development of proposed rules. The purpose of the RAC is to be a forum for variety of individual input from diverse interests, and is not intended to necessarily seek agreement or consensus on any proposed rule language.

This rulemaking is projected to begin during the fourth quarter of 2018.
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Carbon Dioxide Standards, Phase Two: Update CO2 Standards

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31 Jul 2018Permanent Rules Filed to Update the Carbon Dioxide Emissions Standards Based on Current Natural Gas-Fired Energy Facility Technology

​At its June 29, 2018 meeting, the Energy Facility Siting Council (EFSC) approved amended language for the following rules: Oregon Administrative Rules (OAR) 345-024-0550, 345-024-0570, 345-024-0590, and 345-024-0620.

The updates are necessary to ensure EFSC rules are keeping pace with the improving efficiencies of power plants, thereby ensuring EFSC’s carbon dioxide standards continue to serve the two-fold purpose for which they were created. The first purpose is to encourage applicants proposing a fossil-fueled energy facility to build the most efficient facility possible, thereby directly reducing the gross amount of carbon dioxide emitted from fossil-fueled energy facilities sited within EFSC jurisdiction. The second purpose is to reduce the net amount of greenhouse gases attributable to fossil-fueled energy facilities sited within EFSC jurisdiction by requiring certificate holders to offset carbon dioxide emissions occurring in excess of the Council’s carbon dioxide emissions standards.

Based on EFSC’s findings, this rulemaking:

  • resets the benchmark heat rate – identified in OAR 345-024-0570 – from 6,955 Btu per kilowatt-hour higher heating value adjusted to standardized conditions to 6,321 Btu per kilowatt-hour higher heating value adjusted to standardized conditions,
  • resets the Council’s net carbon dioxide emissions rate threshold for Base Load Gas Plants under OAR 345-024-0550 and Non-Base Load Power Plants under OAR 345-024-0590 from 0.675 pounds of carbon dioxide per kilowatt-hour of net electric power output to 0.614 pounds of CO2 per kilowatt-hour of net electric power output, and
  • resets the net carbon dioxide emissions rate threshold for Nongenerating Energy Facilities under OAR 345-024-0620 from 0.504 pounds of carbon dioxide per horsepower-hour of net electric power output to 0.458 pounds of carbon dioxide per horsepower-hour of net electric power output.

The amended rules were filed with the Secretary of State and went into effect on July 18, 2018.

A redline and clean copy of the amended rule language, along with other helpful information, can be found at the links below:

29 May 2018Rulemaking to Update the Carbon Dioxide Emissions Standards Based on Current Natural Gas-Fired Energy Facility Technology

​At its April 27 meeting, the Energy Facility Siting Council authorized the initiation of permanent rulemaking to update the CO2 emissions standards based on current natural gas-fired energy facility technology. According to Oregon Administrative Rule 345-024-0570, any change to EFSC’s CO2 emissions standards must be based on finding the most efficient combined cycle, combustion turbine (CCCT) natural gas-fired energy facility operating in the U.S.

EFSC’s authorization comes after its staff, the Oregon Department of Energy, identified a few energy facilities as candidates for the most efficient CCCT energy facility in the U.S., and after ODOE held three Rulemaking Advisory Committee meetings to receive input on this rulemaking project. ODOE has received and considered all input from the RAC. (See the prior postings below that are related to this rulemaking project for additional information about the RAC and these meetings).

Based on ODOE’s research findings, this rulemaking proposes to update the benchmark heat rate, identified in 345-024-0570, from 6,955 Btu per kilowatt hour higher heating value adjusted to standardized conditions to 6,326 Btu per kilowatt-hour higher heating value adjusted to standardized conditions. It also proposes to update EFSC’s net CO2 emissions rate thresholds for Base Load Gas Plants under 345-024-0550 and Non-Base Load Power Plants under OAR 345-024-0590 from 0.675 pounds of CO2 per kilowatt-hour of net electric power output to 0.614 pounds of CO2 per kilowatt-hour of net electric power output, and proposes to update the net CO2 emissions rate threshold for Non-generating Energy Facilities under OAR 345-024-0620 from 0.504 pounds of CO2 per horsepower-hour of net electric power output to 0.458 pounds of CO2 per horsepower-hour of net electric power output.

The proposed updates are necessary to ensure EFSC’s rules are keeping pace with the improving efficiencies of power plants, thereby ensuring EFSC’s CO2 standards continue to serve the two-fold purpose for which they were created. The first purpose is to encourage applicants proposing a fossil-fueled energy facility to build the most efficient facility possible, thereby directly reducing the gross amount of CO2 emitted from fossil-fueled energy facilities sited within EFSC’s jurisdiction. The second purpose is to reduce the net amount of greenhouse gases (GHGs) attributable to fossil-fueled energy facilities sited within EFSC’s jurisdiction by requiring certificate holders to offset CO2 emissions occurring in excess of EFSC’s CO2 emissions standards.

​Rulemaking Hearing
Friday, June 29, 2018
EFSC meeting begins at 8:30 a.m.
Rulemaking hearing begins at 9 a.m.

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

Parking Details: http://www.oregon.gov/energy/get-involved/documents/odoe_parking.pdf  

Call-in: 877-873-8017
Passcode: 799345#


Written and Oral Comment Deadline
June 29, 2018, 10:30 a.m.


Comment Period
Oral comments can be provided in person or via telephone during the rulemaking hearing scheduled to begin at 9 a.m. and end at 10:30 a.m. on June 29, 2018.

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 10:30 a.m. on June 29, 2018 rulemaking hearing.

Documents relied upon for this rulemaking:

Past EFSC staff reports related to this rulemaking:

19 Apr 2018Third Rulemaking Advisory Committee Meeting Scheduled for May 15 in Salem

The Energy Facility Siting Council has appointed members who represent diverse interests to participate in a Rulemaking Advisory Committee to provide input to the Oregon Department of Energy on the Council’s Phase 2 project to evaluate and potentially modify the Council’s CO2 emissions standards.

The third of three planned meetings will be held on May 15 (10 a.m. to noon) at the ODOE office in Salem. The scope and purpose of the meeting is for RAC and non-RAC attendees to provide input on ODOE staff's:

  • Preliminary findings in the search to find the heat rate of the most efficient combined cycle, combustion turbine energy facility in the U.S.;
  • Analysis of the listed 13 principles under Oregon Administrative Rule 345-024-0510; and
  • Analysis of the fiscal impacts of this rulemaking, as required by Oregon Revised Statute 183.333 and 183.335.

See below for participation details and meeting materials. Also, see the prior postings below for information regarding the first two RAC meetings that took place on January 24, 2018 and March 15, 2018.

Only those entities appointed by the Council may participate in the RAC meetings. However, all RAC meetings are open to the public and non-RAC attendees will be given the opportunity to provide input at a designated time before the end of each meeting.

ODOE plans on presenting its preliminary findings, its preliminary recommended proposed modifications to the CO2 standards, and a summary of RAC input received thus far to the Council at its April 27, 2018 meeting. At that meeting, the Council could decide to authorize the Department to issue official public notice to initiate the rulemaking process. If authorized, the Department will not issue official public notice until after it receives and considers all input from the RAC. The issuance of public notice will initiate a public comment period that will include a rulemaking hearing before the Council at a regularly scheduled EFSC meeting. 


RAC Meeting #3

Tuesday, May 15, 2018
10 a.m. - noon

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

Parking Details: http://www.oregon.gov/energy/get-involved/documents/odoe_parking.pdf

Call-in: 877-873-8017
Passcode: 799345#

Web Conference for AT&T Connect iMeeting:
https://connect9.uc.att.com/service32/meet/?ExEventID=8799345​

Meeting Materials

More information can be found below under prior postings related to this rulemaking project and on the EFSC Meetings webpage within staff reports for rulemaking agenda items on this topic.

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15 Mar 2018Second Rulemaking Advisory Committee Meeting Scheduled for March 21 in Salem

​The Energy Facility Siting Council has appointed a diverse pool of entities to participate in a RAC to offer ODOE input on the Council’s Phase 2 project to evaluate and potentially modify the Council’s CO2 emissions standards.

This second of three planned meetings will be held on March 21, 2018 from 1-3 p.m. at ODOE's Salem office. See below for participation details and meeting materials. Also, see the prior posting below for information regarding the first meeting that took place on January 24, 2018.

At the March 21 meeting, ODOE will hear input on which combined cycle, combustion turbine (CCCT) energy facility operating in the U.S. is the most efficient.

Only appointed RAC members may participate in the meeting; however, all RAC meetings are open to the public and non-RAC members will be given the opportunity to provide input at a designated time before the end of each meeting. 

After this meeting, the RAC will have approximately 5 weeks to provide additional input to ODOE. A third meeting to discuss any additional input will likely occur in May 2018.

ODOE plans on presenting its preliminary findings, its preliminary recommended proposed modifications to the CO2 standards, and a summary of RAC input received so far to the Council at the April 27, 2018 EFSC Meeting. At that meeting, the Council could decide to take action to initiate the official rulemaking process. If initiated, a public comment period may begin in late May or early June and a rulemaking hearing could be held as early as the June 2018 EFSC Meeting.

RAC Meeting #2

Wednesday March 21, 2018
1 - 3 p.m.

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

Call-in: 877-873-8017
Passcode: 799345#

Web Conference for AT&T Connect iMeeting:
https://connect9.uc.att.com/service32/meet/?ExEventID=8799345

Meeting Materials

Additional information can be found below under prior postings related to this rulemaking project and on the EFSC Meetings Webpage within staff reports for rulemaking agenda items on this topic.

16 Jan 2018First Rulemaking Advisory Committee Meeting on Carbon Dioxide Emissions Standards Scheduled for January 24, 2018

​At its December 14-15, 2017 meeting, the Energy Facility Siting Council (EFSC) directed its staff to begin a rulemaking project to evaluate the Council’s carbon dioxide (CO2) emissions standards. When the Council approved its rulemaking schedule for 2017, it split its rulemaking project to update its CO2 emissions standards into two separate rulemaking projects, a Phase 1 project and a Phase 2 project. The Phase 1 project to update the monetary offset rate is complete; the new rate took effect on October 23, 2017.

The Phase 2 project will evaluate and potentially amend the Council’s CO2 emissions standards. The CO2 emissions standards apply to base load gas plants, non-base load power plants, and non-generating energy facilities. In order to amend the standards, the Council must determine that the most efficient stand-alone combined cycle, combustion turbine (CCCT), natural gas-fired energy facility that is commercially demonstrated and operating in the United States has a net heat rate less than 6,995 Btu per kilowatt hour higher heating value adjusted to International Organization for Standardization (ISO) conditions. According to Oregon Administrative Rule 345-024-0570, any change to the Council’s CO2 emissions standards must be based on finding this most efficient CCCT energy facility in the U.S.

The Council’s CO2 standards are located from OAR 345-024-0500 through -0720, and staff’s evaluation may result in recommended changes to OAR 345-024-0550, -0570, -0590, and -0620.

To provide an opportunity for staff to hear input from diverse perspectives during its evaluation, the Council appointed a diverse pool of entities to participate in a rulemaking advisory committee (RAC). Staff has invited the appointed entities to participate in an introductory teleconference, and staff expects to convene the RAC for an in-person meeting sometime after staff had conducted its preliminary evaluation.

Only those entities appointed may participate in RAC meetings, however, all RAC meetings are open to the public and non-RAC members will be given the opportunity to provide input at a designated time before the end of each meeting. The scope and purpose of the RAC meetings is for staff to hear input on what the most efficient CCCT energy facility in the U.S. is and to hear input on staff’s analysis of the 13 principles under OAR 345-024-0510.

After staff completes its evaluation and presents the results of its evaluation and any recommended proposed changes to the Council, the Council could decide to take action to initiate the official rulemaking process.

RAC Meeting #1: Introductory Teleconference

Wednesday Jan. 24, 2018
10 a.m. – 11 a.m.

Call-in: 877-873-8017
Passcode:799345#

Web Conference for AT&T Connect iMeeting:
https://connect9.uc.att.com/service32/meet/?ExEventID=8799345

Meeting Materials
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Site Certificate Amendment Process

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24 Oct 2017Permanent 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 2017Rulemaking 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 p​osting 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 2017Rulemaking 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 2017Rulemaking 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 2017Rulemaking 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, 2017
Time: Rulemaking hearing begins at 8:30 a.m.
Location: Columbia Room
Best Western Plus, Hood River Inn
1108 E. Marina Way 
Hood River, OR 97031
Call-in: 877-873-8017

Passcode: 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:

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 2017Rulemaking 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 2017Rulemaking 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 2017Rulemaking 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:

E​FSC Rules Coordinator
Oregon Department of Energy
550 Capitol St. NE
Salem, OR 97301
FAX: 503-373-7806


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.

Second Rulemaking Hearing:

Date:         TBD (either May 25 or 26, 2017)
Time:         TBD
Location:    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 2017Rulemaking 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 


Cros​swalk 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 2014Third 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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​​For more information, please contact:

Chris Clark
Rulemaking Coordinator
503-373-1033

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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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