Oregon Administrative Code

345-026-0050 Inspections (1) General provisions: (a) Each certificate holder shall allow properly identified representatives of the Council or Department of Energy to inspect the facility during construction, operation and retirement, including all materials, activities, related …

345-026-0080 Reporting Requirements for Energy Facilities (1) General reporting obligation for energy facilities under construction or operating: (a) Within six months after beginning construction, and every six months thereafter during construction of the energy facility and rel…

345-026-0105 Correspondence With Other State or Federal Agencies The certificate holder and the Department of Energy shall exchange copies of all correspondence or summaries of correspondence related to compliance with statutes, rules and local ordinances on which the Council det…

345-026-0170 Notification of Incidents The certificate holder must notify the Department of Energy within 72 hours of any occurrence involving the facility if: (1) There is an attempt by anyone to interfere with its safe operation. (2) There is a significant natural event such as…

345-026-0300 Regulations Applicable to the Trojan Independent Spent Fuel Storage Installation (1) The requirements of OAR 345-026-0300 through 345-026-0390 apply exclusively to the Trojan Independent Spent Fuel Storage Installation (ISFSI). (2) The purpose of these rules is to co…

345-026-0340 Security Plans (1) The certificate holder must establish and maintain a security plan that complies with 10 CFR 72.44(e). (2) The certificate holder must make the security plan, and any revisions, available for inspection by authorized representatives of the Council …

345-026-0350 Emergency Planning (1) The certificate holder must follow and maintain an emergency plan that is approved by the Council. (2) The certificate holder may not make changes to the emergency plan that would decrease the effectiveness of the plan or the plan’s requirement…

345-026-0370 ISFSI Decommissioning Plan (1) The certificate holder must submit a final plan for decommissioning the ISFSI to the Department for Council approval. The plan must be submitted to the Council in a form and in a schedule consistent with that required by the U.S. Nuclea…

345-026-0390 Spent Nuclear Fuel Storage (1) The certificate holder may store a maximum of 791 complete and partial fuel assemblies and storage of containers with nuclear fuel materials at an Independent Spent Fuel Storage Installation (ISFSI) at the site of the former Trojan Nucl…

345-027-0001 Applicability (1) The rules in this division apply to all requests for amendment to a site certificate and amendment determination requests for facilities under the Council's jurisdiction that are submitted to or were under review by the Council on or after the effec…

345-027-0110 Termination or Partial Termination of a Site Certificate (1) A certificate holder may apply to the Council to terminate a site certificate at any time, subject to the requirements of this rule. (2) A certificate holder must apply to the Council to terminate a site ce…

345-027-0210 General (1) A person may not construct a gas storage testing pipeline unless the certificate holder of the Council certified facility to which the pipeline would connect obtains, before construction, the approval of the Department for the construction, operation and …

345-027-0220 Request for Approval (1) Before submitting a request for approval to construct, operate and retire a gas storage testing pipeline, the certificate holder must: (a) Inform the Department of the proposed pipeline, including its diameter, length, location, capacity and …

345-027-0230 Review of a Request for Approval (1) Within 7 days after receiving a request for approval to construct, operate and retire a gas storage testing pipeline, the Department must: (a) Send copies of the request by mail, email or any other form of electronic delivery to t…

345-027-0240 Conditions In an order approving the construction, operation and retirement of a gas storage testing pipeline, the Department may impose conditions it finds necessary to ensure compliance with the Council substantive standards it identified as applicable in the lette…

345-027-0313 Certificate Expiration If the certificate holder does not begin construction of the facility by the construction beginning date specified in the site certificate or amended site certificate, the site certificate expires on the construction beginning date specified, u…

345-027-0350 Changes Requiring an Amendment Except for changes allowed under OAR 345-027-0353, an amendment to a site certificate is required to: (1) Transfer ownership of the facility or the certificate holder as described in OAR 345-027-0400; (2) Apply later-adopted laws as des…

345-027-0351 Review Processes for Requests for Amendment (1) The transfer review process, described in OAR 345-027-0400, applies to the Council’s review of a request for amendment to a site certificate to transfer a site certificate. (2) The standard amendment review process, set…

345-027-0353 Changes Exempt from Requiring an Amendment An amendment to a site certificate is not required for a proposed change in the design, construction or operation of a facility that is in substantial compliance with the terms and conditions of the site certificate, and is …

345-027-0355 Written Evaluations for Changes Not Requiring Amendment (1) For a proposed change that would add area to the site boundary, see OAR 345-027-0357(1). For a proposed change to the facility that does not include adding area to the site boundary, the certificate holder m…

345-027-0357 Amendment Determination Request (1) For a proposed change that would add area to the site boundary, the certificate holder must either: (a) Submit a request for amendment to the Department; or (b) Submit an amendment determination request to the Department for a writ…

345-027-0359 Pre-Amendment Conference (1) Prior to submitting a preliminary request for amendment to the site certificate as described in OAR 345-027-0360, the certificate holder may request a pre-amendment conference with the Department to discuss the scope, timing, and applicab…

345-027-0360 Preliminary Request for Amendment (1) To request an amendment to the site certificate required by OAR 345-027-0350(3) or (4), the certificate holder must submit a written preliminary request for amendment to the Department that includes the following: (a) The name of…

345-027-0363 Determination of Completeness for a Request for Amendment (1) Until the Department determines a request for amendment to the site certificate is complete, it is a preliminary request for amendment. After receiving a preliminary request for amendment, the Department m…

345-027-0365 Proposed Order for a Request for Amendment (1) Within 7 days after a request for amendment to the site certificate described in OAR 345-027-0350(3) or (4) or a request for amendment to apply later-adopted laws described in OAR 345-027-0390 is determined to be complet…

345-027-0367 Public Comment and Hearing on the Proposed Order for Requests for Amendment (1) After issuance of the proposed order as described in OAR 345-027-0365, the Council must conduct a public hearing on the request for amendment to the site certificate. The public hearing i…

345-027-0371 Council's Final Decision on Requests for Amendment (1) No later than 21 days after the deadline for possible sur-replies related to the proposed order discussed in 345-027-0367(8)(e), the Department must issue a draft of the final order with written analysis of any c…

345-027-0375 Scope of Council's Review (1) In making a decision to grant or deny issuance of an amended site certificate, the Council must apply the applicable laws and Council standards required under section (2) of this rule and in effect on the dates described in section (3) o…

345-027-0380 Pre-Operational Requests for Amendment (1) A certificate holder may only request a pre-operational request for amendment when the change proposed in the request for amendment relates to the facility, or portion/phase of the facility, not yet in operation, but approve…

345-027-0385 Request for Amendment to Extend Construction Deadlines (1) The certificate holder may request an amendment to the site certificate to extend the deadlines for beginning or completing construction of the facility, or portion/phase of the facility, that the Council has…

345-027-0390 Request by Any Person for Amendment to Apply Later-Adopted Laws (1) Any person, including the Department, may request an amendment of a site certificate to apply laws, including local government ordinances, statutes, rules or Council standards, adopted after the date…

345-027-0400 Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder (1) For the purpose of this rule: (a) A request for amendment to a site certificate to transfer the site certificate is required for a transaction that result…

345-029-0000 Policy The purpose of the Council enforcement program is to protect the health and safety of the public and the environment by ensuring compliance with the terms and conditions of site certificates, Department of Energy orders as described in OAR 345-027-0230, Radioa…

345-029-0003 Applicability of OAR 345-029-0005 through 345-029-0100 (1) OAR 345-029-0005 through OAR 345-029-0100 apply to violations or potential violations involving energy facilities, including: (a) A violation of any term or condition of a site certificate; (b) Except as desc…

345-029-0005 Definitions for OAR 345-029-0005 through 345-029-0100 As used in OAR 345-029-0005 through 345-029-0100: (1) "Responsible party" means: (a) A certificate holder; (b) A person to whom the Council has granted an exemption from the site certificate requirement under OAR …

345-029-0010 Report by a Responsible Party The responsible party must make reports as specified in these rules and in the site certificate. Whenever a responsible party becomes aware of conditions or circumstances that may violate the terms or conditions of a site certificate, th…

345-029-0020 Notice of Violation (1) The Department has discretion to issue a notice of violation, except that the Council may instruct the Department to issue a notice of violation. Factors the Council or Department must consider in deciding whether conditions or circumstances w…

345-029-0030 Classification of Violations The Department must determine the classification of a violation based upon severity and considering the guidelines in this rule. The Department may issue a notice of violation for Class I or Class II violations. The Department may, if spe…

345-029-0040 Response to Notice of Violation In the written response required by OAR 345-029-0020(2)(c), the responsible party must include, as a minimum, the following: (1) Admission or denial of the violation; (2) If the responsible party admits the violation and can determine …

345-029-0050 Enforcement Conference (1) After issuing a notice of violation for a Class I violation, the Department must provide the responsible party an opportunity for an enforcement conference to discuss the cause and consequences of the violation and to describe the correctiv…

345-029-0060 Civil Penalties (1) Following the responsible party's response to the notice of violation described under OAR 345-029-0040, and any enforcement conference, the Department may assess a civil penalty for a Class I violation. The Department must determine the amount of …

345-029-0070 Contested Case Proceeding (1) Within 20 days after the date of mailing of the notice of assessment of a civil penalty, the responsible party may submit to the Department a written request for a contested case proceeding. For the purpose of this rule, the request is s…

345-029-0080 Payment of Penalty A civil penalty imposed under this division becomes due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appeal. If the amount of the penalty is not paid within 10 days after the order becomes f…

345-029-0090 Council Consideration of Mitigating Factors Notwithstanding OAR 345-029-0080, the Council in its order after a contested case proceeding on a civil penalty imposed under OAR 345-029-0060 may rescind or reduce the penalty upon a showing by the responsible party incurr…

345-029-0100 Revocation or Suspension of Site Certificate The Council may revoke or suspend any site certificate after conducting a contested case proceeding on the revocation or suspension under the provisions of OAR 345-015-0400 through 345-015-0480. A majority vote of the Coun…

345-029-0503 Applicability of OAR 345-029-0505 through 345-029-0560 (1) OAR 345-029-0503 through 345-029-0560 apply to violations involving the transport or disposal of radioactive materials or waste, including violation of: (a) Any applicable provision of ORS 469.525 or OAR chap…

345-029-0505 Definitions for OAR 345-029-0503 through 345-029-0560 As used in OAR 345-029-0503 through 345-029-0560, the following definitions apply: (1) "Compliance audit" means an audit conducted as part of an ongoing program established by the responsible party to evaluate and…

345-029-0510 Report by a Responsible Party (1) Whenever a responsible party becomes aware of conditions or circumstances that may constitute or result in a violation described under OAR 345-029-0503, the responsible party must: (a) Within 72 hours after discovering the conditions…

345-029-0520 Pre-Enforcement Notice (1) If the Director determines that a violation described under OAR 345-029-0503 has occurred, the Director may issue a Pre-Enforcement Notice upon the responsible party. The Pre-Enforcement Notice must be served upon the responsible party by p…

345-029-0530 Classification of Violations Involving the Transport or Disposal of Radioactive Materials or Wastes Violations involving the transport or disposal of radioactive materials or wastes are classified as follows: (1) Class I Violations include: (a) Any violation of ORS 4…