EFSC Site Certificate Amendment Rulemaking

• Draft Rules
• Staff report for September 19, 2025 EFSC Meeting

• Public comments

At its meeting on September 19, 2025, the Energy Facility Siting Council adopted updates to the rules governing the amendment of energy facility site certificates. This update to the rules does three things:

1. Improves the clarity of the rules by resolving ambiguities that have revealed themselves in the application of the rules as written.
2. Makes changes to improve Council's amendment process based on lessons learned since the last revision of the amendment rules.
3. Updates the rules to ensure compliance with new statutes, revised rules, and recent direction of the courts.

The permanent rules became effective on October 24, 2025. The revised rules are available from the Secretary of State's Oregon Administrative Rules Database.

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

September 19 2025, Council Meeting, Agenda Item H:

• Staff Report
• Attachment 1: Draft Proposed Rules
• Attachment 2: Public Comments

The Energy Facility Siting Council requests public comments on the proposed changes to its siting amendment rules found in OAR 345 Division 27. Public comments must be received by 5 p.m. on Friday, August 1, 2025.

The proposed rulemaking language is intended to, among other things:

• Improve the consistency and clarity of the rules, both internally and to ensure they properly match Oregon laws and other administrative rules.
• Improve the siting amendment process by reducing outdated requirements, such as requiring printed copies of all documents.
• Improving the siting amendment process by removing the need to determine which "track" an amendment process qualifies for and instead making a single track that is more flexible in nature.
• Improving how the public participates in the siting amendment process, by replacing the challenging contested case process with a process that provides the public with quicker feedback on their comments and an opportunity to remedy or improve their comments before the Council considers a Final Order.

There are significant proposed changes to this rule (more than can be listed here). Complete text of the proposed draft rules and other supporting materials are available to download:

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

The Notice of Proposed Rulemaking is also available from the Oregon Administrative Rules Database found at: https://secure.sos.state.or.us/oard/

ADDITIONAL INFORMATION
If you have questions about these rules, or other Council rulemaking activities, please contact the Council's Rules Coordinator, Thomas Jackman: tom.jackman@energy.oregon.gov.

The Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project will hold its third meeting virtually on Tuesday, April 29, 2025, from 1 to 4 p.m.

The meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting.

Meeting Materials:

• Meeting Agenda
• Draft Language
• Meeting Recording

A Rulemaking Advisory Committee for the Energy Facility Siting Council's amendment rulemaking project will hold its second meeting virtually on Thursday, September 26, 2024, from 9 a.m. to 12 p.m.

The meeting is open to the public, but only appointed RAC members are invited to participate in the committee's discussion. There will be an opportunity for public comment during the meeting.

• Meeting Agenda
• Meeting Recording

• Meeting Agenda
• Meeting Presentation
• Meeting Recording