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DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL

 

DIVISION 27
SITE CERTIFICATE CONDITIONS, AMENDMENT, TRANSFER AND TERMINATION

AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES 

345-027-0000
Certificate Expiration
If the certificate holder does not begin construction of the facility, the site certificate expires on the construction beginning date specified by the Council in the site certificate or in an amendment of the site certificate granted according to the rules of this division.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.370 & 469.501

Hist.: EFSC 1-1993, f. & cert. ef. 1-15-93; EFSC 5-1994, f. & cert. f. 11-30-94; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2007, f. & cert. ef. 5-15-07
345-027-0011
Applicability
The rules in this division do not apply to facilities covered by ORS 469.410(1), including the Trojan energy facility.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.501

Hist.: EFSC 1-1995, f. & cert. f. 5-15-95; EFSC 2-1999, f. & cert. ef. 4-14-99
345-027-0020
Mandatory Conditions in Site Certificates
The Council shall impose the
following conditions in every site certificate. The Council may impose additional
conditions.
(1) The Council shall not change
the conditions of the site certificate except as provided for in OAR Chapter 345,
Division 27.
(2) The certificate holder shall submit a legal description
of the site to the Department of Energy within 90 days after beginning operation
of the facility. The legal description required by this rule means a description
of metes and bounds or a description of the site by reference to a map and geographic
data that clearly and specifically identify the outer boundaries that contain all
parts of the facility.
(3) The certificate holder shall design,
construct, operate and retire the facility:
(a) Substantially as described
in the site certificate;
(b) In compliance with the requirements
of ORS Chapter 469, applicable Council rules, and applicable state and local laws,
rules and ordinances in effect at the time the site certificate is issued; and
(c) In compliance with all applicable
permit requirements of other state agencies.
(4) The certificate holder shall
begin and complete construction of the facility by the dates specified in the site
certificate.
(5) Except as necessary for
the initial survey or as otherwise allowed for wind energy facilities, transmission
lines or pipelines under this section, the certificate holder shall not begin construction,
as defined in OAR 345-001-0010, or create a clearing on any part of the site until
the certificate holder has construction rights on all parts of the site. For the
purpose of this rule, “construction rights” means the legal right to
engage in construction activities. For wind energy facilities, transmission lines
or pipelines, if the certificate holder does not have construction rights on all
parts of the site, the certificate holder may nevertheless begin construction, as
defined in OAR 345-001-0010, or create a clearing on a part of the site if the certificate
holder has construction rights on that part of the site and:
(a) The certificate holder would
construct and operate part of the facility on that part of the site even if a change
in the planned route of a transmission line or pipeline occurs during the certificate
holder’s negotiations to acquire construction rights on another part of the
site; or
(b) The certificate holder would
construct and operate part of a wind energy facility on that part of the site even
if other parts of the facility were modified by amendment of the site certificate
or were not built.
(6) If the certificate holder
becomes aware of a significant environmental change or impact attributable to the
facility, the certificate holder shall, as soon as possible, submit a written report
to the Department describing the impact on the facility and any affected site certificate
conditions.
(7) The certificate holder shall
prevent the development of any conditions on the site that would preclude restoration
of the site to a useful, non-hazardous condition to the extent that prevention of
such site conditions is within the control of the certificate holder.
(8) Before beginning construction
of the facility, the certificate holder shall submit to the State of Oregon, through
the Council, a bond or letter of credit in a form and amount satisfactory to the
Council to restore the site to a useful, non-hazardous condition. The certificate
holder shall maintain a bond or letter of credit in effect at all times until the
facility has been retired. The Council may specify different amounts for the bond
or letter of credit during construction and during operation of the facility.
(9) The certificate holder shall
retire the facility if the certificate holder permanently ceases construction or
operation of the facility. The certificate holder shall retire the facility according
to a final retirement plan approved by the Council, as described in OAR 345-027-0110.
The certificate holder shall pay the actual cost to restore the site to a useful,
non-hazardous condition at the time of retirement, notwithstanding the Council’s
approval in the site certificate of an estimated amount required to restore the
site.
(10) The Council shall include
as conditions in the site certificate all representations in the site certificate
application and supporting record the Council deems to be binding commitments made
by the applicant.
(11) Upon completion of construction,
the certificate holder shall restore vegetation to the extent practicable and shall
landscape all areas disturbed by construction in a manner compatible with the surroundings
and proposed use. Upon completion of construction, the certificate holder shall
remove all temporary structures not required for facility operation and dispose
of all timber, brush, refuse and flammable or combustible material resulting from
clearing of land and construction of the facility.
(12) The certificate holder
shall design, engineer and construct the facility to avoid dangers to human safety
presented by seismic hazards affecting the site that are expected to result from
all maximum probable seismic events. As used in this rule “seismic hazard”
includes ground shaking, landslide, liquefaction, lateral spreading, tsunami inundation,
fault displacement and subsidence.
(13) The certificate holder
shall notify the Department, the State Building Codes Division and the Department
of Geology and Mineral Industries promptly if site investigations or trenching reveal
that conditions in the foundation rocks differ significantly from those described
in the application for a site certificate. After the Department receives the notice,
the Council may require the certificate holder to consult with the Department of
Geology and Mineral Industries and the Building Codes Division and to propose mitigation
actions.
(14) The certificate holder
shall notify the Department, the State Building Codes Division and the Department
of Geology and Mineral Industries promptly if shear zones, artesian aquifers, deformations
or clastic dikes are found at or in the vicinity of the site.
(15) Before any transfer of
ownership of the facility or ownership of the site certificate holder, the certificate
holder shall inform the Department of the proposed new owners. The requirements
of OAR 345-027-0100 apply to any transfer of ownership that requires a transfer
of the site certificate.
(16) If the Council finds that
the certificate holder has permanently ceased construction or operation of the facility
without retiring the facility according to a final retirement plan approved by the
Council, as described in OAR 345-027-0110, the Council shall notify the certificate
holder and request that the certificate holder submit a proposed final retirement
plan to the Office within a reasonable time not to exceed 90 days. If the certificate
holder does not submit a proposed final retirement plan by the specified date, the
Council may direct the Department to prepare a proposed final retirement plan for
the Council’s approval. Upon the Council’s approval of the final retirement
plan, the Council may draw on the bond or letter of credit described in section
(8) to restore the site to a useful, non-hazardous condition according to the final
retirement plan, in addition to any penalties the Council may impose under OAR Chapter
345, Division 29. If the amount of the bond or letter of credit is insufficient
to pay the actual cost of retirement, the certificate holder shall pay any additional
cost necessary to restore the site to a useful, non-hazardous condition. After completion
of site restoration, the Council shall issue an order to terminate the site certificate
if the Council finds that the facility has been retired according to the approved
final retirement plan.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.401
& 469.501

Hist.: NTEC 9, f. 2-13-75, ef.
3-11-75; EFSC 6-1980, f. & ef. 8-26-80; EFSC 1-1985, f. & ef. 1-7-85; EFSC
4-1986, f. & ef. 9-5-86; EFSC 1-1993, f. & cert. ef. 1-15-93; Renumbered
from 345-026-0035, 345-026-0040, 345-026-0130, 345-026-0180; 345-079-0011, 345-100-0011,
345-111-0010, 345-115-0040, 345-125-0060 & 345-125-0065; EFSC 5-1994, f. &
cert. f. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2002, f. &
cert. ef. 4-3-02; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
345-027-0023
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 shall take all necessary steps to ensure that surface
and groundwater are not contaminated by run off or seepage associated with coal
or ash storage, transport or disposal. The certificate holder shall handle coal
and ash so as to minimize the likelihood of coal dust and ash being windblown and
causing an environmental or public health problem. If the certificate holder permanently
disposes of ash on the facility site, the certificate holder shall cover the ash
with a layer of topsoil and revegetate the area.
(2) If the energy facility
or related or supporting facility is a natural gas pipeline, the certificate holder
shall submit to the Department copies of all incident reports involving the pipeline
required under 49 CFR Sec. 191.15.
(3) If the facility includes
any pipeline under Council jurisdiction:
(a) The certificate holder
shall design, construct and operate the pipeline in accordance with the requirements
of the U.S. Department of Transportation as set forth in Title 49, Code of Federal
Regulations, Part 192, in effect on August 15, 2011; and
(b) The certificate holder
shall develop and implement a program using the best available practicable technology
to monitor the proposed pipeline to ensure protection of public health and safety.
(4) If the facility includes
any transmission line under Council jurisdiction:
(a) The certificate holder
shall design, construct and operate the transmission line in accordance with the
requirements of the 2012 Edition of the National Electrical Safety Code approved
on June 3, 2011, by the American National Standards Institute; and
(b) The certificate holder
shall develop and implement a program that provides reasonable assurance that all
fences, gates, cattle guards, trailers, or other objects or structures of a permanent
nature that could become inadvertently charged with electricity are grounded or
bonded throughout the life of the line.
(5) If the proposed energy
facility is a pipeline or a transmission line or has, as a related or supporting
facility, a pipeline or transmission line, the Council shall specify an approved
corridor in the site certificate and shall allow the certificate holder to construct
the pipeline or transmission line anywhere within the corridor, subject to the conditions
of the site certificate. If the applicant has analyzed more than one corridor in
its application for a site certificate, the Council may, subject to the Council’s
standards, approve more than one corridor.
(6) If the facility is a
surface facility related to an underground gas storage reservoir, the Council shall,
in the site certificate, specify the site boundary and total permitted daily throughput
of the facility.
(7) If the facility is subject
to a carbon dioxide emissions standard adopted by the Council or enacted by statute,
the Council shall include in the site certificate appropriate conditions as described
in OAR 345-024-0550, 345-024-0560, 345-024-0590, 345-024-0600, 345-024-0620, 345-024-0630
and 345-024-0710.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 469.470
Stats. Implemented: ORS 469.401,
469.501 & 469.503
Hist.: EFSC 5-1994, f. &
cert. f. 11-30-94; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2000, f. &
cert. ef. 2-2-00; EFSC 1-2003, f. & cert. ef. 9-3-03; EFSC 1-2007, f. &
cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12; EFSC 2-2015, f. &
cert. ef. 10-20-15
345-027-0028
Monitoring and Mitigation Conditions
In the site certificate, the
Council shall 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, or for an amendment, the certificate holder,
shall develop proposed monitoring and mitigation plans in consultation with the
Department and, as appropriate, other state agencies, local governments and tribes.
Monitoring and mitigation plans are subject to Council approval. The Council shall
incorporate approved monitoring and mitigation plans in applicable site certificate
conditions.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.401,
469.501, 469.503 & 469.507

Hist.: EFSC 5-1994, f. &
cert. f. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
345-027-0030
Amendment to Extend Construction Beginning and Completion Deadlines
(1) The certificate holder may
request an amendment to extend the deadlines for beginning or completing construction
of the facility that the Council has specified in a site certificate or an amended
site certificate. The certificate holder shall submit a request that includes an
explanation of the need for an extension and that conforms to the requirements of
345-027-0060 no later than six months before the date of the applicable deadline,
or, if the certificate holder demonstrates good cause for the delay in submitting
the request, no later than the applicable deadline.
(2) A request within the time
allowed in section (1) to extend the deadlines for beginning or completing construction
suspends those deadlines until the Council acts on the request.
(3) The Council shall review
the request for amendment as described in OAR 345-027-0070.
(4) If the Council grants an
amendment under this rule, the Council shall specify new deadlines for beginning
or completing construction that are not more than two years from the deadlines in
effect before the Council grants the amendment.
(5) To grant an amendment extending
the deadline for beginning or completing construction of an energy facility subject
to OAR 345 024 0550, 345 024 0590, or 345 024 0620, the Council must find that the
facility complies with the carbon dioxide standard in effect at the time of the
Council’s order on the amendment.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.370,
469.405 & 469.503

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
345-027-0050
When an Amendment is
Required
(1) Except as allowed under
sections (2) and (6), the certificate holder must submit a request to amend the
site certificate to design, construct or operate a facility in a manner different
from the description in the site certificate if the proposed change:
(a) Could result in a significant
adverse impact that the Council has not addressed in an earlier order and the impact
affects a resource protected by Council standards;
(b) Could impair the certificate
holder’s ability to comply with a site certificate condition; or
(c) Could require a new condition
or a change to a condition in the site certificate.
(2) A site certificate amendment
is not required if a proposed change in the design, construction or operation of
a facility is in substantial compliance with the terms and conditions of the site
certificate and is a change:
(a) To an electrical generation
facility that would increase the electrical generating capacity and would not increase
the number of electric generators at the site, change fuel type, increase fuel consumption
by more than 10 percent or enlarge the facility site;
(b) To the number or location
of pipelines for a surface facility related to an underground gas storage reservoir
that would not result in the facility exceeding permitted daily throughput or enlarge
the facility site;
(c) To the number, size or location
of pipelines for a geothermal energy facility that would not enlarge the facility
site;
(d) To a pipeline or transmission
line that is a related or supporting facility that would extend or modify the pipeline
or transmission line or expand the right-of-way, when the change is to serve customers
other than the energy facility; or
(e) To an aspect or feature
of the facility, operating procedures or management structures not addressed in
the site certificate.
(3) If the certificate holder
concludes that a proposed change does not require a site certificate amendment under
section (1), the certificate holder shall, nevertheless, complete an investigation
sufficient to demonstrate that the proposed change in the design, construction or
operation of the facility would comply with applicable Council standards. The certificate
holder shall complete the investigation before implementing the proposed change.
The certificate holder shall prepare a written evaluation describing the investigation
and shall make the evaluation available to the Department for inspection at any
time.
(4) In the annual reports and
semiannual construction progress reports required by OAR 345-026-0080, the certificate
holder shall describe all significant changes made during the reporting period to
the design, construction and operation of the facility without an amendment of the
site certificate. The certificate holder shall keep a written record of the basis for concluding that an amendment
of the site certificate was not required. The Department, at any time, may inspect
the changes made to the facility and may inspect the certificate holder’s
written record of the basis for concluding that an amendment of the site certificate
was not required.
(5) A certificate holder may submit a change
request in writing to the Department for a determination whether a proposed change
requires a site certificate amendment. In the change request, the certificate holder
must describe the proposed change, explain the basis for the certificate holder’s
conclusion that an amendment is not required under section (1), and provide the
written evaluation described in section (3). The Department shall respond in writing
as promptly as possible. The Department may refer its determination to the Council
for concurrence, modification or rejection. At the request of the certificate holder
or a Council member, the Department must refer its determination to the Council
for concurrence, modification or rejection.
(6) A site certificate amendment
is not required for the construction of a pipeline less than 16 inches in diameter
and less than five miles in length that is proposed to be constructed to test or
maintain an underground gas storage reservoir. If the proposed pipeline would connect
to a surface facility related to an underground gas storage reservoir for which
the Council has issued a site certificate or to a gas pipeline for which the Council
has issued a site certificate, the certificate holder must obtain, prior to construction,
the approval of the Department for the construction, operation and retirement of
the proposed pipeline. To obtain Department approval, the certificate holder shall
submit a request as described in OAR 345-027-0210 through 345-027-0240.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.405

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. &
cert. ef. 11-16-95; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2000, f. &
cert. ef. 2-2-00; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
345-027-0060
Request to Amend Certificate
(1) To request an amendment
of a site certificate, the certificate holder shall submit a written request to
the Department of Energy that includes the information described in section (2)
and the following:
(a) The name and mailing address
of the certificate holder and the name, mailing address, email address and phone
number of the individual responsible for submitting the request.
(b) A description of the facility
including its location and other information relevant to the proposed change.
(c) A detailed description of
the proposed change and the certificate holder’s analysis of the proposed
change under the criteria of OAR 345-027-0050(1).
(d) The specific language of
the site certificate, including affected conditions, that the certificate holder
proposes to change, add or delete by an amendment.
(e) A list of the Council standards
relevant to the proposed change.
(f) An analysis of whether the
facility, with the proposed change, would comply with the requirements of ORS Chapter
469, applicable Council rules, and applicable state and local laws, rules and ordinances
if the Council amends the site certificate as requested. For the purpose of this
rule, a law, rule or ordinance is “applicable” if the Council would
apply or consider the law, rule or ordinance under OAR 345-027-0070(10).
(g) An updated list of the owners
of property located within or adjacent to the site of the facility, as described
in OAR 345-021-0010(1)(f).
(2) In a request to amend a
site certificate, the certificate holder shall provide the information described
in applicable subsections of OAR 345-021-0000 and OAR 345-021-0010. The certificate
holder may incorporate by reference relevant information that the certificate holder
has previously submitted to the Department or that is otherwise included in the
Department’s administrative record on the facility.
(3) Before submitting a request
to amend a site certificate, the certificate holder may prepare a draft request
and may confer with the Department about the content of the request. Although the
Council does not require the certificate holder to prepare a draft request and confer
with the Department, the Council recommends that the certificate holder follow this
procedure.
(4) The certificate holder shall
submit an original and two printed copies of the amendment request to the Department.
Upon a request by the Department, the certificate holder must submit printed copies
of the amendment request for members of the Council. In addition to the printed
copies, the certificate holder shall submit the full amendment request in a non-copy-protected
electronic format acceptable to the Department. The certificate holder shall provide
additional copies of the amendment request to the Department upon request and copies
or access to copies to any person requesting copies. If requested by the Department,
the certificate holder shall send copies of the request to persons on a mailing
list provided by the Department.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.405

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2002, f. &
cert. ef. 4-3-02; EFSC 1-2003, f. & cert. ef. 9-3-03; EFSC 1-2007, f. &
cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12
345-027-0070
Review of a Request for
Amendment
Except as specified in OAR 345-027-0080,
the Council shall review a request for amendment of a site certificate as follows:
(1) Within 15 days after
receiving a request to amend a site certificate, the Department of Energy shall
determine whether the amendment requires extended review based on the criteria in
section (2) and:
(a) Distribute copies of
the request, or instruct the certificate holder to distribute copies of the request,
to the persons on a distribution list that includes the reviewing agencies as defined
in OAR 345-001-0010 and that may include additional persons, with a request for
comments on the request by a specified date. The distribution may be done by courier
delivery or mailing of printed copies or, with the approval of the Department, any
form of electronic delivery.
(b) Send a notice of the
amendment request by mail or email to all persons on the Council’s general
mailing list as defined in OAR 345-011-0020, to any special list established for
the facility and to the updated property owner list supplied by the certificate
holder under 345-027-0060(1)(g) and specify a date by which comments on the request
are due.
(c) Post an announcement
on the Department’s website to notify the public that an amendment request
has been received.
(d) Send a notice by mail
or email to the certificate holder specifying a date for issuance of a proposed
order. The Department shall specify a date that is no later than 60 days after the
date of the notice unless the Department has determined that the amendment requires
extended review. For extended review, the Department shall explain the basis of
its determination and specify a date that is not more than 180 days after the date
of the notice. Within 10 days after the Department sends notification that an amendment
requires extended review, the certificate holder may request Council review of the
determination. Upon a request for Council review, the Department shall refer its
determination to the Council for concurrence, modification or rejection.
(2) The Department may determine
that an amendment requires extended review if:
(a) The certificate holder
requests extended review;
(b) The Department finds
that the amendment request does not contain the information required by OAR 345-027-0060
or does not contain information sufficient for the Department to prepare a proposed
order;
(c) The Department needs
to hire a consultant to assist in reviewing the request;
(d) The amendment:
(A) Would require construction
on land zoned residential or exclusive farm use;
(B) Would require construction
in a zone for which the use is not permitted;
(C) Would require construction
on land that may qualify as Habitat Category 1 or 2 land as described in OAR 635-415-0025;
(D) Would result in incremental
carbon dioxide emissions that the certificate holder elects to offset, in compliance
with the applicable carbon dioxide emissions standard, by a means other than by
payments described under OAR 345-024-0560(3), 345-024-0600(3) and (4) or 345-024-0630(2),
(4) and (5); or
(E) Could require the Council
to determine, according to OAR 345-022-0000(2), that the overall public benefits
of the facility outweigh any adverse effects on a resource or interest that is protected
by an applicable standard the facility would not meet if the amendment is approved;
or
(e) The Department anticipates
a high volume of public comment.
(3) The Office may hold
one or more public meetings during the review of a request for amendment of the
site certificate.
(4) Except as otherwise
provided in this section, no later than the date the Department has specified in
the notice described in subsection (1)(d), the Department shall issue a proposed
order, recommending approval, modification or disapproval of the requested amendment.
If the Department needs additional time to prepare the proposed order, the Department
may issue the proposed order at a later date, but the Department shall, no later
than the date the Department has specified in the notice, notify the certificate
holder in writing of the circumstances that justify the delay.
(5) After issuing the proposed
order, the Department shall send a notice of the proposed order by mail or email
to the persons on the Council’s general mailing list as defined in OAR 345-011-0020,
to any special list established for the facility, to the updated property owner
list supplied by the certificate holder under OAR 345-027-0060(1)(g) and to the
distribution list described in subsection (1)(a). In the notice, the Department
shall state that all comments must be submitted in writing and must be received
by the Department by a specified deadline that is at least 30 days from the date
of the notice. The Department shall post an announcement on its website to notify
the public of the issuance of the proposed order.
(6) Any person may, by written
request submitted to the Department no later than the deadline described in section
(5), ask the Council to hold a contested case proceeding on the proposed order.
For the purpose of this rule, the request is submitted when it is received by the
Department. In the request, the person shall provide a description of the issues
to be contested, a statement of the facts believed to be at issue and the person's
mailing address and email address.
(7) To determine that an
issue justifies a contested case proceeding under section (8), the Council must
find that the request raises a significant issue of fact or law that may affect
the Council’s determination that the facility, with the change proposed by
the amendment, meets an applicable standard. If the Council finds that the request
would not affect the Council’s determination if the alleged facts were found
to be true but that those facts could affect a site certificate condition, the Council
may deny the request and may adopt appropriate conditions. If the Council does not
have jurisdiction over the issue raised in the request, the Council must deny the
request.
(8) The Council shall determine
whether any issue identified in a request for a contested case proceeding justifies
a contested case proceeding, and:
(a) If the Council finds
that the request identifies one or more issues that justify a contested case proceeding,
the Council shall conduct a contested case proceeding according to the applicable
provisions of OAR 345-015-0012 to OAR 345-015-0085 limited to the issues that the
Council found sufficient to justify the proceeding.
(b) If the Council finds
that the request identifies one or more issues that an amendment of the proposed
order would settle in a manner satisfactory to the Council, the Council may deny
the request as to those issues and direct the Department to amend the proposed order
and send a notice of the amended proposed order to the persons described in section
(5). Any person may, by written request submitted to the Department within 30 days
after the Department issues the notice of the amended proposed order, ask the Council
to hold a contested case proceeding limited to issues raised by the amendment to
the proposed order. For the purpose of this rule, the request is submitted when
it is received by the Department. In the request, the person shall provide a description
of the issues to be contested, a statement of the facts believed to be at issue
and the person's mailing address and email address. As described in this section,
the Council shall determine whether any issue identified in the request for a contested
case proceeding justifies a contested case proceeding.
(c) If the Council finds
that the request does not identify any issue that justifies a contested case proceeding,
the Council shall deny the request. In a written order denying the request, the
Council shall state the basis for the denial. The Council shall then adopt, modify
or reject the proposed order based on the considerations described in section (10).
In a written order, the Council shall either grant or deny issuance of an amended
site certificate. If the Council grants issuance of an amended site certificate,
the Council shall issue an amended site certificate, which is effective upon execution
by the Council Chair and by the applicant.
(9) If there is no request
for a contested case proceeding as described in section (6) or subsection (8)(b),
the Council, may adopt, modify or reject the proposed order based on the considerations
described in section (10). In a written order, the Council shall either grant or
deny issuance of an amended site certificate. If the Council grants issuance of
an amended site certificate, the Council shall issue an amended site certificate,
which is effective upon execution by the Council Chair and by the applicant.
(10) In making a decision
to grant or deny issuance of an amended site certificate, the Council shall apply
the applicable substantive criteria, as described in OAR 345-022-0030, in effect
on the date the certificate holder submitted the request for amendment and all other
state statutes, administrative rules, and local government ordinances in effect
on the date the Council makes its decision. The Council shall consider the following:
(a) For an amendment that
would change the site boundary or the legal description of the site, the Council
shall consider, for the area added to the site by the amendment, whether the facility
complies with all Council standards;
(b) For an amendment that
extends the deadlines for beginning or completing construction, the Council shall
consider:
(A) Whether the Council
has previously granted an extension of the deadline;
(B) Whether there has been
any change of circumstances that affects a previous Council finding that was required
for issuance of a site certificate or amended site certificate; and
(C) Whether the facility
complies with all Council standards, except that the Council may choose not to apply
a standard if the Council finds that:
(i) The certificate holder
has spent more than 50 percent of the budgeted costs on construction of the facility;
(ii) The inability of the
certificate holder to complete the construction of the facility by the deadline
in effect before the amendment is the result of unforeseen circumstances that are
outside the control of the certificate holder;
(iii) The standard, if applied,
would result in an unreasonable financial burden on the certificate holder; and
(iv) The Council does not
need to apply the standard to avoid a significant threat to the public health, safety
or the environment;
(c) For any amendment not
described above, the Council shall consider whether the amendment would affect any
finding made by the Council in an earlier order.
(d) For all amendments,
the Council shall consider whether the amount of the bond or letter of credit required
under OAR 345-022-0050 is adequate.
Stat. Auth.: ORS 469.470
Stats. Implemented: ORS 469.405
Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 2-2000, f. &
cert. ef. 11-20-00; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2003, f. &
cert. ef. 9-3-03; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12; EFSC 1-2015, f. & cert. ef. 5-18-15
345-027-0080
Review of a Request by a Certificate Holder for Expedited Amendment
(1) A certificate holder may
ask the Council Chair to grant expedited review of an amendment request. The certificate
holder shall submit a request for expedited review to the Department of Energy in
writing and, in addition, the certificate holder shall submit the full amendment
request in a non-copy-protected electronic format acceptable to the Department.
The certificate holder shall include in the request:
(a) The information listed in
OAR 345-027-0060(1) and (2), and
(b) Reasons why the certificate holder needs expedited review
of its request and an explanation of why the need for expedited review arose and
could not have reasonably been foreseen by the certificate holder.
(2) The Chair may grant a request for expedited
review if the Chair finds that a delay would unduly harm the certificate holder
and if the facility, with the proposed change, would not likely result in a significant
new adverse impact. If the Chair decides not to grant the request for expedited
review, the Chair shall issue a written decision as soon as is reasonably practicable.
In a written decision denying the request, the Chair shall give an explanation of
the reasons for the denial.
(3) Within 7 days after the
Chair grants expedited review, the Department shall:
(a) Send copies of the amendment
request by mail or email to the reviewing agencies as defined in OAR 345-001-0010
and ask those agencies to comment on the request within not more than 21 days after
the date of the notice.
(b) Send a notice of the amendment
request by mail or email to all persons on the Council's general mailing list as
defined in OAR 345-011-0020, to any special list established for the facility and
to the updated property owner list supplied by the certificate holder under OAR 345-027-0060(1)(g)
specifying a date, not more than 21 days after the date of the notice, by which
comments are due.
(c) Post an announcement of
the amendment request on its website.
(4) Within 60 days after the
Chair grants expedited review, the Department shall issue a proposed order, recommending
approval, modification or disapproval of the requested amendment. If the Department
recommends approval, the Department shall include in the proposed order any new
or modified conditions it recommends and shall explain why expedited Council action
was warranted.
(5) The Department shall send
a notice of the proposed order by mail or email to the persons on the Council's
general mailing list, to any special list established for the facility and to the
updated property owner list supplied by the certificate holder under OAR 345-027-0060(1)(g).
In addition, the Department shall post the notice on its website. In the notice,
the Department shall include information on the availability of the proposed order,
the date of the Council meeting when the Council will consider the proposed order
and issue a temporary order as described in section (5), a date by which comments
on the proposed order are due and the deadline for any person to request a contested
case proceeding on the Council's temporary order.
(6) After considering the proposed
order, the Council may issue an order temporarily amending the site certificate.
In making a decision whether to issue a temporary order under this rule, the Council
shall consider the factors listed in OAR 345-027-0070(10). The Council shall apply
the applicable substantive criteria, as described in OAR 345-022-0030, in effect
on the date the certificate holder submitted the request for amendment and all other
state statutes, administrative rules, and local government ordinances in effect
on the date the Council issues the temporary order.
(7) Before implementing any
change approved by the Council’s temporary order, the certificate holder must
submit an authorized acknowledgement that the certificate holder accepts all terms
and conditions of the temporary order. The acknowledgement may be submitted to the
Department by fax or email if the certificate holder promptly submits a signed original
to the Department by mail or hand delivery.
(8) Any person may, by written
request submitted to the Department within 15 days after the date the Council issues
the temporary order described in section (5), ask the Council to hold a contested
case proceeding on the temporary order. For the purpose of this rule, the request
is submitted when it is received by the Department. In the request, the person shall
provide a description of the issues to be contested, a statement of the facts believed
to be at issue and the person's mailing address and email address.
(9) The Council shall determine
whether any issue identified in a request for a contested case proceeding justifies
a contested case proceeding.
(a) If the Council finds that
the request identifies one or more issues that justify a contested case proceeding,
the Council shall conduct a contested case proceeding according to the applicable
provisions of OAR 345-015-0012 to OAR 345-015-0085 limited to the issues that the
Council found sufficient to justify the proceeding.
(b) If the Council finds that
the request does not identify any issue that justifies a contested case proceeding,
the Council shall deny the request. In a written order denying the request, the
Council shall state the basis for the denial. The Council shall adopt the temporary
order as a final order. In the final order, the Council may modify the language
of the temporary order, consistent with due process. In the final order, the Council
shall either grant or deny issuance of an amended site certificate. If the Council
grants issuance of an amended site certificate, the Council shall issue an amended
site certificate, which is effective upon execution by the Council Chair and by
the applicant.
(10) If there is no request
for a contested case proceeding as described in section (8), the Council shall adopt
the temporary order as a final order. In the final order, the Council may modify
the language of the temporary order, consistent with due process. In the final order,
the Council shall either grant or deny issuance of an amended site certificate.
If the Council grants issuance of an amended site certificate, the Council shall
issue an amended site certificate, which is effective upon execution by the Council
Chair and by the applicant.
(11) The certificate holder
shall not abuse this rule by failing to make timely application for an amendment
and thus creating the need for expedited review.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.405

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2002, f. &
cert. ef. 4-3-02; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
345-027-0090
Request by Any Person
for Amendment to Apply Subsequent Laws or Rules
(1) Any person may submit to
the Department of Energy a request for an amendment of a site certificate to apply
a local government ordinance, statute or Council rule adopted after the date the
site certificate was executed. The Department itself may initiate such a request.
(2) In an amendment request
under this rule, the person shall include the following:
(a) The name, mailing address,
email address and telephone number of the person submitting the request;
(b) The name and address of
the certificate holder;
(c) Identification of the facility
for which the site certificate in question was granted and its location;
(d) Identification of the local
government ordinance, statute or Council rule that the person seeks to apply to
the facility;
(e) The particular facts that
the person believes demonstrate that failure to apply the ordinance, statute or
rule identified in subsection (d) presents a significant threat to the public health
or safety or to the environment; and
(f) The specific language of
the site certificate that the person proposes to change, delete or add by an amendment.
(3) If the Department receives
a request to amend a site certificate as described in this rule from any person
other than the certificate holder, the Department shall send a copy of the request
to the certificate holder with a notice stating the date by which the certificate
holder must submit a response.
(4) The Council shall review
the request for amendment as described in OAR 345-027-0070, except that:
(a) After receiving the certificate
holder’s response as requested under (3), the Department may ask the Council
to determine whether the request demonstrates that failure to apply the ordinance,
statute or rule identified in subsection (2)(d) presents a significant threat to
the public health or safety or to the environment. If the Council determines that
applying the ordinance, statute or rule is not justified by a significant threat
to the public health or safety or to the environment, then the Council may deny
the amendment request.
(b) Within 15 days after receiving the certificate holder’s
response as requested under (3) or within 15 days after a Council determination
under (a) that applying the ordinance, statute or rule is justified by a significant
threat to the public health or safety or to the environment, the Department shall
determine whether the amendment request requires expedited review, based on the
criteria in OAR 345-027-0070(2), and shall send the notices described in OAR 345-027-0070(1)(a),
(b) and (d).
(c) If the Department recommends approval
or modification of the requested amendment, the Department shall include in the
proposed order described in OAR 345-027-0070(4) any new or modified site certificate
conditions necessary to assure compliance with the statutes, Council rules, and
local government ordinances applied to the facility under the proposed order;
(d) If the Department in its
proposed order recommends approval or modification of the requested amendment, the
certificate holder may, by written request submitted to the Department within 30
days after the Department issues the proposed order, ask the Council to hold a contested
case proceeding on the proposed order. For the purpose of this rule, the request
is submitted when it is received by the Department. In the request, the certificate
holder shall provide a description of the issues to be contested and a statement
of the facts believed to be at issue. If the site certificate holder requests a
contested case proceeding, the Council shall conduct a contested case proceeding
according to the applicable provisions of OAR 345-015-0012 to 345-015-0085 limited
to the issues stated by the certificate holder; and
(e) The Council shall include
new conditions in a site certificate amended under this rule only if the certificate
holder agrees to the new conditions or the Council finds that the conditions are
necessary based upon a clear showing of a significant threat to the public health,
safety or the environment.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.401
& 469.405

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2007, f. &
cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12
345-027-0100
Transfer of a Site Certificate
(1) For the purpose of this
rule:
(a) A transfer of ownership
requires a transfer of the site certificate when the person who will have the legal
right to possession and control of the site or the facility does not have authority
under the site certificate to construct, operate or retire the facility;
(b) “Transferee”
means the person who will become the new applicant and site certificate holder.
(2) When a certificate holder
has knowledge that any transfer of ownership of the facility that requires a transfer
of the site certificate is or may be pending, the certificate holder shall notify
the Department of Energy. In the notice, the certificate holder shall include, if
known, the name, mailing address and telephone number of the transferee and the
date of the transfer of ownership. If possible, the certificate holder shall notify
the Department at least 60 days before the date of the transfer of ownership.
(3) The transferee is not allowed
to construct or operate the facility until an amended site certificate as described
in section (10) or a temporary amended site certificate as described in section
(11) becomes effective.
(4) To request a transfer of
the site certificate, the transferee shall submit a written request to the Department
that includes the information described in OAR 345-021-0010(1)(a), (d), (f) and
(m), a certification that the transferee agrees to abide by all terms and conditions
of the site certificate currently in effect and, if known, the date of the transfer
of ownership. If applicable, the transferee shall include in the request the information
described in OAR 345-021-0010(1)(y)(O)(iv).
(5) The Department may require
the transferee to submit a written statement from the current certificate holder,
or a certified copy of an order or judgment of a court of competent jurisdiction,
verifying the transferee’s right, subject to the provisions of ORS Chapter
469 and the rules of this chapter, to possession of the site or the facility.
(6) Within 15 days after receiving
a request to transfer a site certificate, the Department shall send a notice of
the request by mail or email to the reviewing agencies as defined in OAR 345-001-0010,
to all persons on the Council's general mailing list as defined in OAR 345-011-0020,
to any special list established for the facility and to the updated property owner
list submitted by the transferee under subsection (4). In the notice, the Department
shall describe the transfer request, specify a date by which comments are due and
state that the date of the Council's informational hearing will be announced on
the Department’s website.
(7) Before acting on the transfer
request, the Council shall hold an informational hearing. The Council shall hold
the informational hearing during a Council meeting and shall provide notice of the
hearing on its meeting agenda, which will be sent by mail or email to the Council’s
general mailing list in advance of the meeting. The informational hearing is not
a contested case hearing.
(8) At the conclusion of the
informational hearing or at a later meeting, the Council may issue an order approving
the transfer request if the Council finds that:
(a) The transferee complies
with the standards described in OAR 345-022-0010, 345-022-0050 and, if applicable,
345-024-0710(1); and
(b) The transferee is or will
be lawfully entitled to possession or control of the site or the facility described
in the site certificate.
(9) Except as described in section
(12), the Council shall not otherwise change the terms and conditions of the site
certificate in an order approving the transfer request.
(10) Upon issuing the order
described in section (8), the Council shall issue an amended site certificate that
names the transferee as the new certificate holder. The amended site certificate
is effective upon execution by the Council chair and the transferee. The Council
shall issue the amended site certificate in duplicate counterpart originals and
each counterpart, upon signing, will have the same effect.
(11) If the Council chair determines
that special circumstances justify emergency action, the Council chair may, upon
a written request from the transferee that includes a showing that the transferee
can meet the requirements of section (8), issue a temporary amended site certificate
that names the transferee as the new certificate holder. The temporary amended site
certificate is effective upon execution by the Council chair and the transferee.
The temporary amended site certificate expires when an amended site certificate
as described in section (10) becomes effective or as the Council otherwise orders.
(12) The Council may act concurrently
on a request to transfer a site certificate and any other amendment request subject
to the procedures described in this rule for the transfer request and:
(a) The procedures described
in OAR 345-027-0030 for an amendment to extend construction beginning and completion
deadlines.
(b) The procedures described
in OAR 345-027-0090 for an amendment to apply subsequent laws or rules.
(c) The procedures described
in OAR 345-027-0060 and 345-027-0070 for any amendment request not described in
(a) or (b).
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.401
& 469.405

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2007, f. &
cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12
345-027-0110
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 certificate within two years following
cessation of construction or operation of the facility.
(3) If the certificate holder
fails to apply to the Council to terminate the site certificate and the Council
finds that the certificate holder has permanently ceased construction or operation
of the facility, then the Council may terminate the site certificate according
to the procedure described in OAR 345-027-0020(16).
(4) In an application for termination of
the site certificate, the certificate holder shall include a proposed final retirement
plan for the facility and site. The certificate holder shall submit an original
and two printed copies of the application for termination and the proposed final
retirement plan to the Department. Upon a request by the Department, the certificate
holder must submit printed copies of the application for termination and the proposed
final retirement plan for members of the Council. In addition to the printed copies,
the certificate holder shall submit the full copies of the application for termination
and the proposed final retirement plan in a non-copy-protected electronic format
acceptable to the Department.
(5) In the proposed final retirement
plan, the certificate holder shall include:
(a) A plan for retirement that
provides for completion of retirement without significant delay and that protects
public health, safety and the environment.
(b) A description of actions
the certificate holder proposes to take to restore the site to a useful, non-hazardous
condition, including information on how impacts to fish, wildlife and the environment
would be minimized during the retirement process.
(c) A current detailed cost
estimate and a plan for ensuring the availability of adequate funds for completion
of retirement.
(d) An updated list of the owners
of property located within or adjacent to the site of the facility, as described
in OAR 345-021-0010(1)(f).
(6) Within 15 days after receiving
an application for termination of a site certificate, the Department of Energy shall:
(a) Send a notice of the application
by mail or email to all persons on the Council's general mailing list as defined
in OAR 345-011-0020, to any special list established for the facility and to the
updated property owner list submitted by the certificate holder under subsection
(5) specifying a date by which comments on the application are due.
(b) Send copies of the application
for termination by mail or email to the reviewing agencies as defined in OAR 345-001-0010
and shall ask those agencies to comment by a specified date.
(c) Post an announcement of
the application for termination on the Department’s website.
(7) The Council shall review
the proposed final retirement plan and shall consider any comments received from
the public and the reviewing agencies. The Council may approve the proposed final
retirement plan or modify the plan to comply with the rules of this chapter and
applicable conditions in the site certificate. The Council shall issue an order
authorizing retirement according to the approved or modified final retirement plan
and subject to any conditions the Council finds appropriate. The Council's order
may be appealed as described in ORS 183.480.
(8) When the Council finds that
the certificate holder has completed the retirement of the facility according to
the Council's order authorizing retirement, the Council shall issue an order terminating
the site certificate.
(9) When the Council finds that
the site certificate has expired as described in OAR 345-027-0000, the Council shall
issue an order terminating the site certificate.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.405
& 469.501

Hist.: EFSC 1-1993, f. &
cert. ef. 1-15-93; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. &
cert. ef. 4-14-99; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2003, f. &
cert. ef. 9-3-03; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12

Department of Energy Approval of Gas Storage Testing Pipelines

345-027-0210
General
(1) A person shall 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 of Energy for the construction, operation and retirement of the
proposed pipeline as required under ORS 469.405(3).
(2) For the purposes of OAR
345-027-0210 through OAR 345-027-0240:
(a) “Gas storage testing
pipeline” means a pipeline, but not a temporary pipeline, that is less than
16 inches in diameter and less than five miles in length, that is used to test or
maintain an underground gas storage reservoir and that would connect to a Council
certified facility if the storage reservoir proves feasible for operational use;
(b) “Temporary pipeline”
means a pipeline that has no potential for operational use;
(c) “Council certified
facility” means an energy facility for which the Council has issued a site
certificate that is either a surface facility related to an underground gas storage
reservoir or a gas pipeline;
(d) “Connect” means
join for the purpose of operational use;
(e) “Test or maintain”
means transporting gas to an underground gas storage reservoir for the purposes
of determining whether the reservoir is feasible for operational use or maintaining
the gas storage capacity of the reservoir but does not include operational use;
(f) “Operational use”
means transporting gas to an underground gas storage reservoir for the purpose of
storing gas until it is needed for sale or for withdrawing gas from an underground
gas storage reservoir for the purpose of sale;
(g) “Council substantive
standards” means the following standards:
(A) Structural Standard, OAR
345-022-0020;
(B) Soil Protection, OAR 345-022-0022;
(C) Protected Areas, OAR 345-022-0040(1)
but excluding (2) and (3);
(D) Retirement and Financial
Assurance, OAR 345-022-0050;
(E) Fish and Wildlife Habitat,
OAR 345-022-0060;
(F) Threatened and Endangered
Species, OAR 345-022-0070
(G) Scenic Resources, OAR 345-022-0080;
(H) Historic, Cultural and Archaeological
Resources, OAR 345-022-0090;
(I) Recreation, 345-022-0100;
(J) Public Services, OAR 345-022-0110;
(K) Waste Minimization, OAR
345-022-0120; and
(L) Public Health and Safety,
OAR 345-024-0030(2), (3) and (4);
(h) “Information requirements”
means information that would support the findings described in OAR 345-024-0030(2)
and the information described in OAR 345-021-0010(1)(h), (i), (j), (L), (m), (p),
(q), (r), (s), (t), (u), (v), and (w).
Stat. Auth.: ORS 469.405

Stats. Implemented: ORS 469.405

Hist.: EFSC 1-2000, f. &
cert. ef. 2-2-00; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2007, f. &
cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12
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 shall:
(a) Inform the Department of
Energy of the proposed pipeline, including its diameter, length, location, capacity
and maximum operating pressure; and
(b) Provide to the Department
a map showing the location of the proposed pipeline.
(2) After receiving the information
described in section (1), the Department shall confer with the certificate holder
about the Council substantive standards and information requirements that might
apply to the proposed pipeline and any extraordinary circumstances that might affect
the time requirements for completing the approval process. Within 7 days after conferring
with the certificate holder, the Department shall send a letter to the certificate
holder that includes the following:
(a) Identification of the Council
substantive standards that are applicable to the request for approval of the proposed
pipeline;
(b) Identification of the information requirements that are
applicable to the request for approval of the proposed pipeline;
(c) The time requirements for the approval
process, if different from the time requirements described in OAR 345-027-0230.
(3) The certificate holder shall
submit to the Department a written request for approval to construct, operate and
retire a gas storage testing pipeline with the fee required by the fee schedule
established under ORS 469.441. The certificate holder shall submit the original
and two paper copies of the request to the Department. The certificate holder shall
provide additional copies to the Department upon request and copies or access to
copies to any person requesting copies. In addition to the printed copies of the
request for approval, the certificate holder shall submit the full request in a
non-copy-protected electronic format acceptable to the Department.
(4) In a request for approval,
the certificate holder shall include:
(a) The name and mailing address
of the certificate holder and the name, mailing address, email address and phone
number of the individual responsible for submitting the request;
(b) A description of the purpose
and operation of the proposed pipeline and a discussion of whether the use of the
gas storage testing pipeline for reservoir testing or maintenance will require an
increase in the compression available in the Council certified facility to which
the proposed pipeline would connect in addition to the compression that is permitted
under the site certificate;
(c) Identification of the Council
certified facility to which the proposed pipeline would connect;
(d) A description of the proposed
pipeline, including its diameter, length, location, capacity and maximum operating
pressure;
(e) A map showing the location
of the proposed pipeline;
(f) A list of the names and
mailing addresses of all owners of record, as shown on the most recent property
tax assessment role, of property where the proposed pipeline is located and within
500 feet of the location of the proposed pipeline;
(g) The information that the
Department has identified in the letter described in section (2); and
(h) Any other information that
the Department requests as needed to make the findings described in the applicable
standards.
Stat. Auth.: ORS 469.405

Stats. Implemented: ORS 469.405,
469.421 & 469.441

Hist.: EFSC 1-2000, f. &
cert. ef. 2-2-00; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
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 of Energy shall:
(a) Send copies of the request
by mail, email or any other form of electronic delivery to the following agencies
with a notice asking the agencies to submit written comments on the request within
14 days from the date of the notice:
(A) Oregon Department of Fish
and Wildlife;
(B) Oregon Department of Geology
and Mineral Industries;
(C) Oregon Public Utility Commission;
(D) Oregon Department of Agriculture;
(E) Division of State Lands;
and
(F) State Historic Preservation
Office.
(b) Send a notice of the request,
including a map showing the location of the proposed pipeline, by mail, email or
any other form of electronic delivery to the following stating that the agencies
and planning authority may submit written comments on the request within 14 days
from the date of the notice:
(A) Oregon Department of Forestry;
(B) Oregon Department of Environmental
Quality; and
(C) The planning authority of
the county or counties where the proposed pipeline is located.
(c) Send a notice of the request,
including a map showing the location of the proposed pipeline, by mail or email
to the property owners the certificate holder has listed in the request stating
that property owners may submit written comments on the request within 14 days from
the date of the notice.
(d) Post an announcement of
the request on the Department’s website.
(2) Within 21 days from the
deadline for comments described in section (1) or such longer period as the Department
has specified in the letter described in OAR 345-027-0220(2), the Department shall
issue a final order stating its findings on the applicable Council substantive standards
and its approval or disapproval of the request. In an order approving a request,
the Department shall include conditions that the Department finds necessary to ensure
compliance with the applicable standards and conditions required by OAR 345-027-0240.
(3) The Department shall send
a notice of the final order to the certificate holder, to the property owners the
certificate holder listed in the request and to any person who commented on the
request. In the notice, the Department shall state that judicial review of the order
is as provided in ORS 469.403.
(4) The Department may amend
an order approving the construction, operation and retirement of a gas storage testing
pipeline.
(5) Notwithstanding ORS 469.503(3),
the Department shall not review the proposed pipeline for compliance with other
state standards.
(6) Notwithstanding ORS 469.401(3),
the approval of a gas storage testing pipeline by the Department does not bind any
state or local agency.
Stat. Auth.: ORS 469.405

Stats. Implemented: ORS 469.405
& 469.992

Hist.: EFSC 1-2000, f. &
cert. ef. 2-2-00; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2007, f. &
cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12
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 letter described in OAR 345-027-0220(2). In addition, the Department shall impose the following conditions:
(1) The certificate holder shall design, construct, operate and retire the gas storage testing pipeline in compliance with applicable Council rules and applicable federal, state and local laws, rules and ordinances in effect at the time the Department issues the order;
(2) The certificate shall design, construct, operate and retire the gas storage testing pipeline substantially as described in representations in the request for approval and supporting record that the Department finds to be binding commitments made by the certificate holder;
(3) The certificate holder shall prevent the development of any conditions in the area of the gas storage testing pipeline that would preclude restoration of the area to a useful, non-hazardous condition to the extent that prevention of such conditions is within the control of the certificate holder;
(4) Upon completion of construction of the pipeline, the certificate holder shall dispose of all refuse and remove all temporary structures not needed to test or maintain an underground gas storage reservoir;
(5) The certificate holder shall notify the Department of Energy, the State Building Codes Division and the Department of Geology and Mineral Industries promptly if investigations or trenching in the area of the pipeline reveal soil or geological conditions that differ significantly from those described in the request for approval;
(6) The certificate holder shall submit to the Department copies of all incident reports involving the gas storage testing pipeline required under 49 CFR Sec. 191.15;
(7) The certificate holder shall allow properly identified representatives of the Council or Department of Energy to inspect the pipeline at any time, including all materials, activities, premises and records pertaining to design, construction, operation or retirement of the pipeline;
(8) The certificate holder shall notify the Department when it begins construction, shall keep the Department informed of construction progress and any unusual events or circumstances and shall notify the Department when it begins to use the pipeline for reservoir testing or maintenance;
(9) The certificate holder shall notify the Department if it terminates use of the gas storage testing pipeline; and
(10) If the certificate holder decides to convert the gas storage testing pipeline to operational use, the certificate holder shall notify the Department and, if required under OAR 345-027-0050, submit a request to amend the site certificate.
Stat. Auth.: ORS 469.405

Stats. Implemented: ORS 469.405 & 469.992

Hist.: EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2007, f. & cert. ef. 5-15-07

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