The Energy Facility Siting Council requests public comment on the proposed
amendment of its siting amendment rules found in OAR 345, Division 15,
regarding its exemption process.
As part of the 2025-2027 Rulemaking Schedule, the Council directed staff to
explore a rulemaking designed to update Council's rules as they relate to
the process for seeking an exemption from the requirement to obtain a site
certificate. As laid out in ORS 469.320(2), certain energy facilities may be
exempt from the requirement to obtain a site certificate. One such example
would be a high efficiency cogeneration plant, which is an energy facility
that “sequentially produces electrical energy and useful thermal energy from
the same fuel source" that also meets certain efficiency requirements set in
statute and updated by the Council. Depending on the type of facility, the
person who wishes to claim an exemption is required to submit an exemption
request subject to Council's review and approval. This process is laid out
in Council's rules in OAR 345-015-0350 through 0380.
This rulemaking project was designed to evaluate several outstanding policy
questions related to exemptions, including:
- Whether the Council may impose conditions on an exemption;
-
Ongoing monitoring and reporting requirements for exempt facilities;
- The process for loss of an exemption; and
-
Whether increased efficiency values are appropriate for high-efficiency
cogeneration plants to qualify for an exemption.
Please see the materials below for additional information.
The Notice of Proposed Rulemaking is also available from the
Oregon Administrative Rules Database.
PUBLIC COMMENTS
A public comment period on the proposed rule change is now open. All written
comments must be received by
5:00 p.m. on Saturday, February 28, 2026, to be considered.
ODOE has
an online portal
for submitting public comments. The goal of the online portal is to provide
members of the public with another convenient option to participate in
Council rulemaking proceedings.
To comment on this rulemaking project, select “Exemption Rulemaking" from
the drop-down menu in the middle of the screen and then follow the
instructions. You will receive an email confirmation after submitting your
comment.
Written comments may also be submitted by mail or email by sending them to:
EFSC Rules Coordinator
Oregon Department of Energy
550 Capitol St.
NE
Salem, OR 97301
Email:
EFSC.rulemaking@energy.oregon.gov
RULEMAKING HEARING
An opportunity for oral comments will be provided at a rulemaking hearing on
February 13, 2026, at 8:45 a.m. The hearing will be held in-person at the
Meitner Room, on the first floor of the 550 Capitol St. building in Salem,
OR 97301.
There will also be remote access available to the public hearing via Webex
and found at the following link:
https://tinyurl.com/yduecu8k.
Or join the meeting by calling in:
Phone:
650-479-3208
Access Code: 2662 952 6503
Meeting password:
EFSC
ADDITIONAL INFORMATION
If you have questions about these rules, or other Council rulemaking
activities, please contact the Council's Rules Coordinator, Thomas Jackman,
by email at
tom.jackman@energy.oregon.gov.
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