GET INVOLVED

​​​​​​​​​​​​​​​​​​​​​​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 November 22, 2019 meeting, the Council approved its 2020-2022 Rulemaking Schedule. The schedule includes unfinished and pending projects from 2019 as well as new proposed projects. Please see the staff report and attachments for Agenda Item L of the November 2019 Council meeting for additional information.

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:
Past :
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Protected Areas, Scenic Resources, and Recreation Standard Rulemaking​


  
  
23 Oct 2020Energy Facility Siting Council requests rulemaking recommendations for Protected Areas, Scenic Resources, and Recreation Standards and associated rules.

​The Energy Facility Siting Council requests the public's assistance in the development of revisions to its Protected Areas (OAR 345-022-0040), Scenic Resources (OAR 345-022-0080), and Recreation (OAR 345-022-0100) Standards. At its October 23, 2020 meeting, the Council authorized staff to seek recommendations from the public on what potential rule changes should be considered to ensure that each of these standards clearly identifies the resources the standard intends to protect and is consistent with the policy set forth in ORS 469.310. Additional information about the rulemaking can be found in the staff report for Agenda Item D of the October meeting.

Please submit suggestions for policy issues or rule changes related to the Protected Areas, Scenic Resources, or Recreation Standard or associated rules that you would like to be considered in the rulemaking to EFSC.rulemaking@oregon.gov by December 31, 2020. All suggestions received before the deadline will be provided to Council for review and will inform staff's recommendations to the Council for the scope and conduct of potential formal rulemaking proceedings.

The Council will also determine if additional opportunities for public participation in the development of proposed rules, including opportunities for in-person meetings, are needed to obtain input on any issues and rule changes under consideration and the potential extent of associated fiscal impacts before issuing notice of proposed rulemaking.

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Rulemaking for Safe Public Me​​etings and Hearings

  
  
03 Nov 2020Energy Facility Siting Council Adopts New Rule for Safe Public Meetings & Hearings

​At its meeting on October 23, 2020, the Energy Facility Siting Council adopted a new permanent rule intended to allow the Council or Chair to waive any provision of rule requiring that a public meeting or public hearing be held in person or in a specific geographical area, if the Council or Chair finds that in person attendance at the meeting or hearing would present a risk to public health or safety or the health and safety of the participants. The new rule will be effective on November 19, 2020. For additional information, please see Agenda Item I of the October 22-23, 2020 Council meeting and the final order below.


22 Oct 2020Rulemaking for Safe Public Meetings and Hearings

The Energy Facility Siting Council is considering the adoption of a new rule intended to allow the Council or Council Chair to waive any provision of rule requiring that a public meeting or public hearing be held in person or in a specific geographical area, if the Council or Chair finds that in-person attendance at the meeting or hearing would present a risk to the health or safety of participants or the public.

Please see the Notice of Proposed Rulemaking for more information, including the statements of need and fiscal impact and the proposed rule language. Additional information is provided in the staff report for Agenda Item C of the September 25, 2020, Council Meeting.

PUBLIC COMMENTS

A public comment period on the proposed rule changes is now open. All written comments must be received by October 22, 2020 at 6:00 p.m. to be considered. 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 during a rulemaking hearing scheduled to begin at 5:00 p.m. on October 22, 2020. Due to ongoing efforts to reduce transmission of COVID-19, the hearing will be held remotely. Details on how to join the hearing are provided below.

RULEMAKING HEARING

Date: Thursday, October 22, 2020
Time: 5:00 PM
Join the webinar (recommended): https://tinyurl.com/EFSC10-22-20
Join by Phone: 1-408-418-9388, Access Code: 173 466 2608

ODOE strongly recommends joining the webinar if possible. When you join, please use your full name so it is easier to identify attendees and manage public comments.

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Radioactive Materials Enforcement Rulemaking

  
  
07 Dec 2020Radioactive Materials Enforcement Rulemaking Virtual Workshop
​The Oregon Department of Energy invites interested members of the public to participate in a virtual workshop on Monday, December 7, 2020 to discuss potential revisions to administrative rules for the enforcement of the laws and rules governing the transport and disposal of radioactive waste in Oregon.

Staff will provide an overview of draft proposed rules it prepared with the assistance of a Rulemaking Advisory Committee. Attendees will have an opportunity to ask questions about the rulemaking process and provide informal input on the draft proposed rules. Staff will also provide information about a potential legislative concept for the 2021 legislative session that also deals with the transport and disposal of radioactive materials and waste in Oregon.

Date:  Monday, December 7, 2020
Time:  5 - 7 p.m. PST
Location:  Webinar (remote-only)

Join Virtual Meeting: https://tinyurl.com/y4458k4b
Dial-in: (408) 418-9388 (US Toll)
Access Code: 173 390 6103
Information on Using the WebEx Virtual Platform: https://www.oregon.gov/energy/Get-Involved/Documents/WebEx-Instructions.pdf

Meeting Materials:

Background:
At its May 21, 2020, meeting the Oregon Energy Facility Siting Council initiated a rulemaking project to update administrative rules in OAR chapter 345, division 029 that provide for the rules for enforcement of laws and rules governing the transport and disposal of radioactive materials and waste in Oregon. The objective of the project is to ensure that the rules are sufficient to protect public health and safety and the environment by incentivizing preventative measures, to ensure that radioactive materials or wastes are not improperly transported or disposed of in Oregon, and to require appropriate mitigation or penalties when a violation occurs.

The Council approved the formation of a Rulemaking Advisory Committee (RAC) made up of interested stakeholders to assist the Oregon Department of Energy in the development of proposed rule revisions. The RAC met three times over the summer and fall of 2020, and the department is now finalizing the draft proposed rule revisions it prepared in consideration of the RAC's feedback.

This workshop is an opportunity for the public to learn about the rulemaking process and the draft proposed rules, and to provide informal input for the department and the Council to consider. There will also be a formal public comment period including a public hearing on any proposed rules approved by the Council before the rules are formally adopted. Notification of the formal comment period will be provided at a later date.

If you want to receive future email notices about the Energy Facility Siting Council's rulemaking activities, please sign up here: http://web.energy.oregon.gov/cn/a6n53/subscribe

If you have questions about this public workshop, please contact the Council's Rules Coordinator at  EFSC.rulemaking@oregon.gov or call 503-373-1033.
02 Nov 2020Radioactive Materials Enforcement Rulemaking Advisory Committee Meeting

The third meeting of the Radioactive Materials Enforcement Rulemaking Advisory Committee is scheduled for Monday, November 2, 2020 from 2 to 5 pm. This meeting will focus primarily on reviewing draft proposed rules prepared by the Department in consideration of feedback provided by the RAC.

To help reduce risk of transmission of COVID-19, this meeting will be held remotely. Details on how to join the meeting are included below. All RAC meetings are open to the public, but only committee members will be invited to participate in the discussion. Other interested members of the public will be provided an opportunity to provide comment at a designated time. There will also be an opportunity for formal public comments and testimony on any rule changes proposed by the Council at a later point in the rulemaking proceedings.

Rulemaking Advisory Committee Meeting
Monday, November 2, 2020
2:00 pm to 5:00 pm, PST

Join the Webex event: https://tinyurl.com/R195-RAC3
Join by phone: +1-408-418-9388
Event number: 173 947 2725
Note: ODOE recommends joining the Webex event. When you join, please use your full name so it is easier to identify attendees who wish to provide public comment. Interested members of the public will be in listen-only mode until the designated comment time, but questions and comments may be submitted through the Webex platform.

Meeting Materials:


26 Aug 2020Radioactive Materials Enforcement Rulemaking Advisory Committee to Meet August 26

​The second meeting of the Radioactive Materials Enforcement Rulemaking Advisory Committee is scheduled for Wednesday, August 26, 2020 from 1 to 4 pm. This meeting will focus primarily on developing a proposed structure for determining penalty amounts for violations of laws, rules, or permits governing the transport or disposal of radioactive materials or wastes.

To help reduce risk of transmission of COVID-19, this meeting will be held remotely. Details on how to join the meeting are included below. Only RAC members will be invited to participate in the discussion. However, all RAC meetings are open to the public and the opportunity for other interested members of the public to provide comment will be provided at a designated time.

There will also be an opportunity for formal public comments and testimony on any proposed rules considered by the Council as part of the rulemaking proceedings.

Advisory Committee Meeting

Wednesday, August 26, 2020 from 1:00 pm to 4:00 PM

Remote Meeting:
Join the webinar: https://odoe.webex.com/odoe/onstage/g.php?MTID=e9d75c6456db190dbb3b47bd655043a00

 Join by phone: +1-408-418-9388; Access code: 129 410 1589

Note: ODOE strongly recommends joining the Webinar. When you join, please use your full name so it is easier to identify attendees and manage public comments. Public attendees will be  in listen-only mode, but can use the Webex tool to “raise your hand" to share public comments. 

Meeting Materials


15 Jul 2020Radioactive Materials Enforcement Rulemaking Advisory Committee to Meet July 15

At its May 21, 2020 meeting, the Council initiated a rulemaking project to update administrative rules in OAR chapter 345, division 029 that provide for the enforcement of laws and rules governing the transport and disposal of radioactive materials and waste in Oregon. The Council also approved use of a Rulemaking Advisory Committee (RAC) made up of interested stakeholders to assist in the development of proposed rule revisions. The RAC will also be asked to provide recommendations on whether any proposed rules will have a fiscal impact, what the extent of that impact will be and whether the rules will have a significant adverse impact on small businesses.

The first meeting of the RAC is scheduled for Wednesday July 15, 2020 from 8:30 am to 12:00 pm. To help reduce risk of transmission of COVID-19, this meeting will be held remotely. Details on how to join the meeting are included below.

Only RAC members will be invited to participate in the discussion. However, all RAC meetings are open to the public and the opportunity for other interested members of the public to provide comment will be provided at a designated time. There will also be an opportunity for formal public comments and testimony on any proposed rules considered by the Council as part of the rulemaking proceedings.

Advisory Committee Meeting
Wednesday July 15, 2020
8:30 am – 12:00 pm

Join the Webinar at: https://odoe.webex.com/odoe/onstage/g.php?MTID=e67275a683a7b750ddd583c9d63aeb7a4 

Join by Telephone: 1-408-418-9388; Access Code: 129 735 8668 

Note: ODOE strongly recommends joining the Webinar. When you join, please use your full name so it is easier to identify attendees and manage public comments. Public attendees will be in listen-only mode, but can use the Webex tool to “raise your hand" to share public comments. 

Meeting Materials

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Rulemaking to Clarify Standard for Contested Case Requests on Type A Amendements

  
  
24 Aug 2020Energy Facility Siting Council Adopts Permanent Amendment to OAR 345-027-0371(9)

At its meeting on August 21, 2020, the Energy Facility Siting Council adopted permanent rules which amend OAR 345-027-0371(9) to clarify the Council's Standard for an issue to justify a Contested Case proceeding in the Type A amendment review process. The new rule became effective on August 24, 2020. For additional information, please see Agenda Item C of the August 21, 2020 Council meeting and the final order below.​


25 Jun 2020Rulemaking to Clarify Standard for Contested Case Requests on Type A Amendments

​The Energy Facility Siting Council is considering a proposed amendment to OAR 345-027-0371(9). This amendment is intended to clarify the Council's standard for an issue to justify a Contested Case Proceeding in the Type A Amendment Review process.

Please see the Notice of Proposed Rulemaking for more information about the specific changes proposed, including the statements of need and fiscal impact.

The Council has extended the public comment period on the proposed rules. All written comments must be received by July 16, 2020 at 5:30 p.m. to be considered. 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 ​

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Carbon Offset Rate Update

  
  
01 Jul 2020Carbon Monetary Offset Rate Increase Adopted

​At its meeting on June 26, 2020, the Energy Facility Siting Council adopted permanent rules which increase the Monetary Offset Rate for carbon dioxide emissions from new energy facilities to $2.85 per ton. The new rate is effective on July 1, 2020. Please see the Meeting Minutes and Supporting Materials for Agenda Item E of the June 26, 2020 Council meeting, and the final order below, for additional information.

  • Permanent Administrative Order EFSC 2-2020


25 Jun 2020Carbon Offset Rate Update

Notice of Proposed Amendment of OAR 345-024-0580

The Energy Facility Siting Council is considering proposed rules to increase the Carbon Monetary Offset Rate in OAR 345-024-0580 from $1.90 to $2.85. Please see the Notice of Proposed Rulemaking​ for more information about the specific changes proposed, including the statements of need and fiscal impact. Additional information is provided in the minutes and meeting materials for the April 24 and May 22, 2020 Council Meetings.

A public comment period on the proposed rule changes is now open. All written comments must be received by June 25, 2020 at 5:30 p.m. to be considered. 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 during a rulemaking hearing scheduled to begin at 5:00 p.m. on June 25, 2020. Consistent with the requirements of Executive Order 20-16, the hearing will be held remotely. Information on how to join the hearing are included below.

Rulemaking Hearing:
Thursday, June 25, 2020, 5:00 p.m.

Join Webinar at:
https://odoe.webex.com/odoe/onstage/g.php?MTID=ecf51c04620fc5d782053a3a4c77afded

Or join by phone toll-free by calling: +1-408-418-9388
Access code: 717 948 663

ODOE strongly recommends joining the webinar if possible. When you join, please use your full name so it is easier to identify attendees and manage public comments. 

13 May 2020Carbon Offset Rate Update

At its April 24, 2020 meeting, the Energy Facility Siting Council initiated rulemaking proceedings to increase the monetary offset rate for carbon dioxide emissions under OAR 345-024-0580 from $1.90 to $2.85 per ton of carbon dioxide. The Council also appointed an advisory committee to provide input on the potential fiscal impacts and economic achievability of the proposed rate increase.

The advisory committee is scheduled to meet on Wednesday May 13, 2020 from 1:00 pm to 4:00 pm. Consistent with the requirements of Executive Order 20-16, this meeting will be online only. Details on how to join the meeting are included below.

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.  If the Council approves proposed rules, there will also be opportunity for public comments and testimony as part of the formal rulemaking proceedings.

Advisory Committee Meeting
Wednesday May 13, 2020
1:00 – 4:00 pm

Join the webinar at: https://odoe.webex.com/odoe/onstage/g.php?MTID=eafd9aba9d82606010e0948b76b4a8f85

Join by telephone:

United States Toll+1-408-418-9388, Access code: 710 084 085

ODOE recommends joining the webinar if possible. When you join, please use your full name so it is easier to identify attendees and manage public comments. Public participants will be in listen-only mode and will be invited to share public comments at the designated time.

Meeting Materials



​Single Solar PV Facility and Solar PV Facility-Specific Rules

  
  
30 Jun 2020Permanent Solar PV Facility Rules Adopted

​At its meeting on June 26, 2020, the Energy Facility Siting Council adopted permanent rules which clarify the application and interpretation of jurisdictional thresholds for solar photovoltaic power generation facilities. The rules clarify what the Council considers to be a “solar photovoltaic power generation facility" as that term is used in the definition of “energy facility" under ORS 469.300(11) and implement changes to ORS 469.320(8) under HB 2329 (2019).

The rules were filed with the Oregon Secretary of State and became effective on June 30, 2020. Please see the Meeting Minutes and Supporting Materials for Agenda Item I of the June 26, 2020 Council meeting, and the final order below, for additional information.


25 Jun 2020Single Solar PV Facility and Solar PV Facility-Specific Rules

The Energy Facility Siting Council is considering proposed rules to clarify the application and interpretation of jurisdictional thresholds for solar photovoltaic power generation facilities. The rules would clarify what the Council considers to be a “solar photovoltaic power generation facility" as that term is used in the definition of “energy facility" under ORS 469.300(11) and implement changes to ORS 469.329(8) under HB 2329 (2019).

Please see the Notice of Proposed Rulemaking for more information about the specific changes proposed, including the statements of need and fiscal impact.

A public comment period on the proposed rule changes is now open. All written comments must be received by June 25, 2020 at 5:30 p.m. to be considered. 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 during a rulemaking hearing scheduled to begin at 5:00 p.m. on June 25, 2020. Consistent with the requirements of Executive Order 20-16, the hearing will be held remotely. Information on how to join the hearing are included below.

Rulemaking Hearing:
Thursday, June 25, 2020, 5:00 p.m.

Join Webinar at:
https://odoe.webex.com/odoe/onstage/g.php?MTID=ecf51c04620fc5d782053a3a4c77afded

Or join by phone toll-free by calling: +1-408-418-9388
Access code: 717 948 663

ODOE strongly recommends joining the webinar if possible. When you join, please use your full name so it is easier to identify attendees and manage public comments. 

09 Mar 2020Single Solar PV Facility and Solar PV Facility-Specific Rules

The fifth meeting of the Rulemaking Advisory Committee​ (RAC) for the Council's Solar PV Rulemaking project will be held on Monday March 9, 2020 at the Oregon Department of Energy in Salem.

The purpose of this meeting is to obtain the RAC's input on draft proposed rule language intended to:

1. Define what constitutes a “solar photovoltaic power generation facility" as that phrase is used in the definition of “energy facility" under ORS 469.300(11); and

2. Align rules with statutory changes enacted by HB 2329 (2019).

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.

Meeting materials, including draft proposed rule language will be posted to this website at least one week before the meeting date. 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.

Fifth RAC Meeting Information:

Wednesday, March 9, 2020
1:00 p.m. – 4:00 p.m.
Oregon Department of Energy
Meitner Conference Room
550 Capitol St. NE
Salem, OR 97301                 

Call-in: (503) 934-3605
Passcode: 265585

Meeting Materials



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​


Compliance Rulemaking Project


  
  
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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2019 Permanent Rules for Site Certificate Amendment Process

  
  
28 Jan 2020Permanent Rules Filed for Site Certificate Amendment Review Process

At its meeting in Hood River on January 24, 2020, the Energy Facility Siting Council adopted permanent rules to govern the site certificate amendment review process. The rules were filed with the Oregon Secretary of State and became effective on January 28, 2020.

The rules replace the temporary rules adopted on August 22, 2019, and permanently repeal OAR 345-027-0011 to 345-027-0100. Please see the January 24, 2020 meeting materials and the final order below for additional information.

  • Final Order EFSC 1-2020 (Tracked Changes)

21 Nov 2019Public Comment Deadline Extended to December 18

The Energy Facility Siting Council has extended the public comment period for the proposed permanent rules for the site certificate amendment review process. The Council will now accept written comments on the proposed rules until 5 p.m. on December 18, 2019. Written comments received after the extended deadline will not be considered.

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


Please see the
Notice of Proposed Rulemaking for more information about the specific changes proposed, including the statements of need and fiscal impact.

28 Oct 2019Energy Facility Siting Council Files Proposed Permanent Rules

The Energy Facility Siting Council has filed proposed permanent rules​ under OAR 345-015, 345-025, and 345-027. These rules would permanently adopt the temporary rules governing the site certificate amendment review process adopted on August 22, 2019. The rules contain additional changes to clarify procedures for issuance of contested case notices, provide requirements for property owner notification for a request for amendment, and reduce the number of printed materials that must be submitted by persons requesting to terminate a site certificate or construct a natural-gas testing pipeline. The rules also contain additional grammatical, formatting, and wording changes needed to improve the clarity and consistency of rules in OAR chapter 345. Please see the Notice of Proposed Rulemaking for more information about the specific changes proposed, including the statements of need and fiscal impact.

A public comment period on the proposed rule changes is now open. All written comments must be received by November 27, 2019 at 5:00 p.m. to be considered. 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 5:30 p.m. on November 21, 2019.

Rulemaking Hearing:
Thursday, November 21, 2019, 5:30 p.m.
Columbia Gorge Discovery Center
5000 Discovery Drive
The Dalles, OR 97301

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

30 Aug 2019Energy Facility Siting Council Seeks Advice on Rules Governing Site Certificate Amendment Process

On August 22, 2019, the Energy Facility Siting Council adopted temporary rules that govern the process for amending an energy facility site certificate. The temporary rules ​replace rules in OAR 345-015, 345-025, and 345-027 that were approved by the Council in October 2017.

The Council also initiated a permanent rulemaking process to adopt new, permanent rules for the site certificate amendment process that will replace the temporary rules. The Council invites written advice on what options it should consider for permanent amendment rules including, but not limited to, options that may achieve the rules’ substantive goals while reducing the rules’ negative economic impact on business.

The Oregon Department of Energy, serving as staff to the Council, intends to release draft proposed rules for consideration by the Energy Facility Siting Council in October 2019. Stakeholders are encouraged to provide written advice for Council’s consideration to EFSC.Rulemaking@oregon.gov by September 27, 2019.

Advice may also be mailed to:

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

For more information about this rulemaking project, please email EFSC.Rulemaking@oregon.gov or contact the Council’s Rules Coordinator, Christopher Clark, at 503-373-1033.
​​

2019 Housekeeping Project

  
  
07 Oct 2019Energy Facility Siting Council Adopts Permanent Rules for 2019 Housekeeping Project

On September 27, 2019, the Energy Facility Siting Council adopted permanent rules associated with the 2019 Housekeeping Rulemaking Project. The rule changes are intended to facilitate electronic communication, improve the consistency of noticing requirements, and reduce administrative and reporting costs to applicants and certificate holder. The rules amend provisions of OAR 345-001, 345-015, 345-020, and 345-021. The rules were filed with the Secretary of State and became effective on October 4, 2019. 

Rules:

For additional information about this rulemaking contact EFSC.Rulemaking@oregon.gov or call the Council’s Rules Coordinator, Christopher Clark, at 503-373-1033.
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.

​​

2019 Temporary Rules for Energy Facility Site Certificate Amendments

  
  
22 Aug 2019Temporary Rules Governing Site Certificate Amendment Process Adopted

On August 22, 2019, the Energy Facility Siting Council adopted temporary administrative rules that govern the process for amending an energy facility site certificate. The temporary rules replace rules in OA​R 345-015, 345-025, and 345-027 approved by the Council in October 2017.

Rulemaking Documents:

For more information about this rulemaking project, please email EFSC.Rulemaking@oregon.gov or contact the Council’s Rules Coordinator, Christopher Clark, at 503-373-1033.
20 Aug 2019Notice of Temporary Rulemaking

​On August 22, 2019, the Energy Facility Siting Council will consider adoption of temporary rules governing the process for amending energy facility site certificates. The Oregon Supreme Court held in its August 1, 2019 decision in Friends of the Columbia River Gorge v. EFSC, S065478, that rules adopted by the Energy Facility Siting Council in October 2017 related to requests for amendments to site certificates are invalid. The temporary rules are necessary in order to ensure that the Oregon Department of Energy and the Council may process pending applications for site certificate amendments and amendment determination requests without prejudice to the certificate holders that submitted those applications, and to provide regulatory certainty and continuity in the processing of new applications for site certificate amendments.

The meeting will begin on Thursday, August 22, 2019 at 3 p.m. at the Port of Morrow Riverfront Center, 2 Marine Drive NE in Boardman, OR. 

The Council’s consideration of temporary rules is scheduled as Agenda Item C, anticipated to begin around 5 p.m.

The Council meetings are also broadcast via teleconference. Please call toll-free: 1-877-873-8017 and enter code 799345.  

Rulemaking Documents:

To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the department before the meeting at 1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.

For additional information about this temporary rulemaking contact EFSC.Rulemaking@oregon.gov or call Christopher Clark the Council’s Rules Coordinator, at 503-373-1033.
​​
​​

Carbon Dioxide Standards, Phase Two: Update CO2 Standards

  
  
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.

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

 ​​

2017 Site Certificate Amendment Process

  
  
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 R
ulemaking 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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