EFSC Modernization

• Notice of Proposed Rulemaking
• Staff Report
• Draft Rules
• Draft Rules New Changes Only

The Energy Facility Siting Council requests public comment on the proposed amendment of its siting amendment rules found in OAR 345.

The draft proposed rules consist of a great many minor corrections, e.g., correction of outlining errors or incorrect references, that would otherwise qualify as “statutory minor corrections." These changes can be done without the normal rulemaking process. However, bundling these minor changes in a single rulemaking creates a much cleaner rulemaking record. Other very minor proposed changes include a reformatting of OAR 345-022-0050 to make it flow better, a reversion of an inadvertent rule change done in a prior rulemaking (OAR 345-023-0030(2)) and updating the version of other agency rules that are required to be met to a more recent time. See, e.g., OAR 345-022-0060(1) and (2).

In addition to these corrections and updates, these draft rules contain the following, more substantive proposed rule changes intended to update and modernize the Council's rules:

• updating how geospatial data is submitted
• formalizing Department of Defense notice
• removal of hard copy paper submission requirements
• removal of limitations on preconstruction where not all rights have been obtained, and
• updates to the versions of other rules that are referenced

Please note that this is the second notice of proposed rulemaking on this rulemaking, as updates made during the comment period include the following:

• Clarifying the retroactivity of the provision covering the construction allowance when not all construction rights are available
• Clarifying what is meant by “construction rights."

Please see the materials below for additional information.

• Draft Proposed Rules
• Notice of Proposed Rulemaking
• Staff Report

PUBLIC COMMENTS

A public comment period on the proposed rule change is now open. All written comments must be received by 5:00 pm on 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 “Modernization 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

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.

The Energy Facility Siting Council requests public comment on the proposed amendment of its siting amendment rules found in OAR 345.

The draft proposed rules consist of a great many minor corrections, e.g., correction of outlining errors or incorrect references, that would otherwise qualify as “statutory minor corrections." These changes can be done without the normal rulemaking process. However, bundling these minor changes in a single rulemaking creates a much cleaner rulemaking record. Other very minor proposed changes include a reformatting of OAR 345-022-0050 to make it flow better, a reversion of an inadvertent rule change done in a prior rulemaking (OAR 345-023-0030(2)) and updating the version of other agency rules that are required to be met to a more recent time. See, e.g., OAR 345-022-0060(1) and (2).

In addition to these corrections and updates, these draft rules contain the following, more substantive proposed rule changes intended to update and modernize the Council's rules:

• updating how geospatial data is submitted
• formalizing Department of Defense notice
• removal of hard copy paper submission requirements
• removal of limitations on preconstruction where not all rights have been obtained, and
• updates to the versions of other rules that are referenced

Please see the materials below for additional information.

• Draft Proposed Rules
• Notice of Proposed Rulemaking
• Staff Report

PUBLIC COMMENTS

A public comment period on the proposed rule change is now open. All written comments must be received by 11:55 pm on Sunday, November 30, 2025, 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 “Modernization 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 November 21, 2025, at 10:00 am. 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/yccn79ju.

Or join the meeting by calling in:
Phone: 650-479-3208
Access Code: 26615125270
Meeting password: EFSC

Staff intends to develop draft language internally and will make this language available for public comment at a future time to be announced. In the meantime, anyone interested in providing staff their thoughts on this rulemaking can reach out to Tom Jackman, EFSC Rules Coordinator, at tom.jackman@energy.oregon.gov.

Please see the staff reports and materials below for additional information.

March 21 2025, Council Meeting, Agenda Item F

• Staff Report