Oregon Administrative Code

345-020-0060 Expiration of a Notice of Intent (1) A notice of intent (NOI) expires two years after the applicant submits the NOI unless, not less than 45 days before the expiration date, the applicant submits a petition to the Council to extend the expiration date. If the Council…

345-021-0000 General Requirements (1) Except for facilities that the Council has determined exempt as described in OAR 345-015-0350 to 345-015-0370 or for which a separate site certificate is not required according to ORS 469.320(5), a person may not construct or expand a facilit…

345-021-0010 Contents of an Application (1) The project order described in OAR 345-015-0160(1) identifies the provisions of this rule and OAR 345, divisions 22 through 24, that are applicable to the application for the proposed facility, including any appropriate modifications to…

345-021-0090 Amendment of an Application (1) When the applicant is preparing to submit an amended application, the applicant must notify the Department. (2) The applicant may amend a preliminary application at any time. (3) If the applicant submits an amended application after th…

345-022-0000 General Standard of Review (1) To issue a site certificate for a proposed facility or to amend a site certificate, the Council shall determine that the preponderance of evidence on the record supports the following conclusions: (a) The facility complies with the requ…

345-022-0010 Organizational Expertise (1) To issue a site certificate, the Council must find that the applicant has the organizational expertise to construct, operate and retire the proposed facility in compliance with Council standards and conditions of the site certificate. To …

345-022-0020 Structural Standard (1) Except for facilities described in sections (2) and (3), to issue a site certificate, the Council must find that: (a) The applicant, through appropriate site-specific study, has adequately characterized the seismic hazard risk of the site. (b)…

345-022-0022 Soil Protection (1) To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are not likely to result in a significant adverse impact to soils including, but not limited to, erosio…

345-022-0030 Land Use (1) To issue a site certificate, the Council must find that the proposed facility complies with the statewide planning goals adopted by the Land Conservation and Development Commission. (2) The Council shall find that a proposed facility complies with sectio…

345-022-0040 Protected Areas (1) To issue a site certificate, the Council must find: (a) The proposed facility will not be located within the boundaries of a protected area designated on or before the date the application for site certificate or request for amendment was determin…

345-022-0050 Retirement and Financial Assurance (1) To issue a site certificate, the Council must find that: (a) The site, taking into account mitigation, can be restored adequately to a useful, non-hazardous condition following permanent cessation of construction or operation of…

345-022-0060 Fish and Wildlife Habitat To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are consistent with: (1) The general fish and wildlife habitat mitigation goals and standards of …

345-022-0070 Threatened and Endangered Species To issue a site certificate, the Council, after consultation with appropriate state agencies, must find that: (1) For plant species that the Oregon Department of Agriculture has listed as threatened or endangered under ORS 564.105(2)…

345-022-0080 Scenic Resources (1) To issue a site certificate, the Council must find that the design, construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse visual impacts to significant or important scenic reso…

345-022-0090 Historic, Cultural and Archaeological Resources (1) Except for facilities described in sections (2) and (3), to issue a site certificate, the Council must find that the construction and operation of the facility, taking into account mitigation, are not likely to resu…

345-022-0100 Recreation (1) To issue a site certificate, the Council must find that the design, construction, and operation of a facility, taking into account mitigation, are not likely to result in a significant adverse impact to important recreational opportunities. (2) The Cou…

345-022-0110 Public Services (1) Except for facilities described in sections (2) and (3), to issue a site certificate, the Council must find that the construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse impact…

345-022-0115 Wildfire Prevention and Risk Mitigation (1) To issue a site certificate, the Council must find, by way of supporting evidence from the applicant, that: (a) The applicant has adequately characterized wildfire risk within the analysis area using current data from reput…

345-022-0120 Waste Minimization (1) Except for facilities described in sections (2) and (3), to issue a site certificate, the Council must find that, to the extent reasonably practicable: (a) The applicant’s solid waste and wastewater plans are likely to minimize generation of so…

345-022-0160 State and Local Laws and Regulations To assist the Council in determining compliance with all state and local laws and regulations applicable to EFSC and the siting process, submit the following, as directed by the project order described in OAR 345-015-0160: (1) Reg…

345-023-0005 Need for a Facility This division applies to nongenerating facilities as defined in ORS 469.503(2)(e), except nongenerating facilities that are related or supporting facilities. To issue a site certificate for a facility described in sections (1) through (3), the Cou…

345-023-0020 Least-Cost Plan Rule (1) The Council shall find that the applicant has demonstrated need for the facility if the capacity of the proposed facility or a facility substantially similar to the proposed facility, as defined by OAR 345-001-0010, is identified for acquisit…

345-023-0030 System Reliability Rule for Electric Transmission Lines The Council shall find that the applicant has demonstrated need for an electric transmission line that is an energy facility under the definition in ORS 469.300 if the Council finds that: (1) The facility is nee…

345-023-0040 Economically Reasonable Rule for Natural Gas Pipelines or Liquified Natural Gas Storage Facilities The Council shall find the applicant has demonstrated need for a natural gas pipeline that is an energy facility under the definition in ORS 469.300 or a facility that …

345-024-0010 Public Health and Safety Standards for Wind Energy Facilities To issue a site certificate for a proposed wind energy facility, the Council must find that the applicant: (1) Can design, construct and operate the facility to exclude members of the public from close pro…

345-024-0015 Cumulative Effects Standard for Wind Energy Facilities To issue a site certificate for a proposed wind energy facility, the Council must find that the applicant can design and construct the facility to reduce cumulative adverse environmental effects in the vicinity b…

345-024-0030 Public Health and Safety Standards for Surface Facilities Related to Underground Gas Storage Reservoirs To issue a site certificate for a proposed surface facility related to an underground gas storage reservoir, the Council must make the following findings: (1) The …

345-024-0090 Siting Standards for Transmission Lines To issue a site certificate for a facility that includes any transmission line under Council jurisdiction, the Council must find that the applicant: (1) Can design, construct and operate the proposed transmission line so that a…

345-024-0500 Standards for Fossil-Fueled Power Plants and Energy Facilities that Emit Carbon Dioxide (1) Notwithstanding OAR 345-024-0503 through 345-024-0720, to issue a site certificate for a fossil-fueled power plant on or after September 25, 2021, the Council must find that t…

345-024-0503 Definitions for OAR 345-024-0500 to 345-024-0720 In OAR 345-024-0500 to 345-024-0720, unless the context requires otherwise terms have the meaning provided in ORS 469.300, 469.503(2)(e) and the following definitions: (1) “Gross carbon dioxide emissions” as defined in…

345-024-0550 Standard for Base Load Gas Plants To issue a site certificate for a base load gas plant, the Council must find that the net carbon dioxide emissions rate of the proposed facility does not exceed 0.574 pounds of carbon dioxide per kilowatt hour of net electric power o…

345-024-0560 Means of Compliance for Base Load Gas Plants The applicant may elect to use any of the following means, or any combination thereof, to comply with the carbon dioxide emissions standard for base load gas plants. For a base load gas plant designed with power augmentati…

345-024-0570 Modification of the Standard for Base Load Gas Plants The Council may by rule modify the carbon dioxide emissions standard for base load gas plants in OAR 345-024-0550 if the Council finds that the most efficient stand-alone combined cycle, combustion turbine, natura…

345-024-0580 Monetary Offset Rate The monetary offset rate is $6.40 per ton of carbon dioxide emissions. Statutory/Other Authority: ORS 469.470 & ORS 469.503 Statutes/Other Implemented: ORS 469.503 History: EFSC 4-2024, amend filed 10/30/2024, effective 10/30/2024 EFSC 1-2022, am…

345-024-0590 Standard for Non-Base Load Power Plants To issue a site certificate for a non-base load power plant, the Council must find that the net carbon dioxide emissions rate of the proposed facility does not exceed 0.574 pounds of carbon dioxide per kilowatt-hour of net elec…

345-024-0600 Means of Compliance for Non-Base Load Power Plants The applicant may elect to use any of the following means, or any combination thereof, to comply with the carbon dioxide emissions standard for non-base load power plants or for the incremental carbon dioxide emissio…

345-024-0610 Modification of the Standard for Non-Base Load Power Plants The Council may by rule modify the carbon dioxide emissions standard for non-base load power plants in OAR 345-024-0590 so that the standard remains equivalent to the standard for the net carbon dioxide emis…

345-024-0620 Standard for Nongenerating Energy Facilities To issue a site certificate for a nongenerating energy facility that emits carbon dioxide, the Council must find that the net carbon dioxide emissions rate of the proposed facility does not exceed 0.428 pounds of carbon di…

345-024-0630 Means of Compliance for Nongenerating Energy Facilities The applicant may elect to use any of the following means, or any combination thereof, to comply with the carbon dioxide emissions standard for nongenerating energy facilities: (1) Implementing offset projects d…

345-024-0640 Modification of the Standard for Nongenerating Energy Facilities The Council may by rule modify the carbon dioxide emissions standard for nongenerating energy facilities in OAR 345-024-0620 so that it remains equivalent to the standard for the net carbon dioxide emis…

345-024-0680 Offset Projects This rule applies if the applicant elects to meet the applicable carbon dioxide emissions standard in whole or in part under OAR 345-024-0550(3), 345-024-0560(2), 345-024-0590(3), 345-024-0600(2), 345-024-0620(3), or 345-024-0630(1). (1) Types of offs…

345-024-0710 Monetary Path Payment Requirement (1) If the applicant elects to meet the applicable carbon dioxide emissions standard in whole or in part under OAR 345-024-0560(3), 345-024-0600(3) or 345-024-0630(2), (4) and (5), the applicant shall provide a bond or letter of cred…

345-024-0720 Qualified Organization (1) If the applicant elects to meet the applicable carbon dioxide emissions standard in whole or in part under OAR 345-024-0560(3), 345-024-0600(3) and (4), or 345-024-0630(2), (4) and (5), the applicant shall identify the qualified organizatio…

345-025-0006 Mandatory Conditions in Site Certificates The Council must impose the following conditions in every site certificate. The Council may impose additional conditions. (1) The Council may not change the conditions of the site certificate except as provided for in OAR cha…

345-025-0010 Site-Specific Conditions The Council may include the following conditions, as appropriate, in the site certificate: (1) If the facility uses coal, the certificate holder must take all necessary steps to ensure that surface and groundwater are not contaminated by run …

345-025-0016 Monitoring and Mitigation Conditions In the site certificate, the Council must include conditions that address monitoring and mitigation to ensure compliance with the standards contained in OAR Chapter 345, Division 22 and Division 24. The site certificate applicant,…

345-026-0005 Purpose The purpose of the rules in this division is to ensure that the construction, operation and retirement of facilities are accomplished in a manner consistent with the protection of the public health, safety and welfare and the protection of the environment. St…

345-026-0010 Legislative Authority (1) Under ORS 469.430, the Council has continuing authority over the site for which a site certificate is issued and may inspect, direct the Department of Energy to inspect, or ask another state agency or local government to inspect, the site at…

345-026-0015 Scope and Construction (1) To the extent that any rules in this division conflict or are inconsistent with administrative rules lawfully adopted by other state agencies, these rules are controlling, except as prohibited by law. The Council shall resolve such conflict…

345-026-0048 Compliance Plans Following receipt of a site certificate or an amended site certificate, the certificate holder shall implement a plan that verifies compliance with all site certificate terms and conditions and applicable statutes and rules. As a part of the complian…