Notice Of Intent 

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_345/345_020.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL

 

DIVISION 20
NOTICE OF INTENT 

345-020-0006
Submission of a Notice of Intent
(1) The purpose of the notice of intent (NOI) is to notify the Department of Energy and the Council of a proposed facility and to provide information about the site and the characteristics of the facility sufficient for the preparation of the project order described in OAR 345-015-0160. Any person who intends to apply for a site certificate for a facility shall submit an NOI to the Department with the fee required by the fee schedule established under ORS 469.441, payable to the Oregon Department of Energy.
(2) Notwithstanding section (1), an applicant granted expedited review under OAR 345-015-0300 or 345-015-0310 need not submit an NOI.
(3) Notwithstanding the definition of "energy facility," a person may elect to apply for a site certificate for an electric power generating plant with an average electric generating capacity of less than 35 megawatts from wind energy. If such person chooses not to request expedited review under OAR 345-015-0300 or if expedited review is not granted, the person shall submit an NOI to the Department with the fee required by the fee schedule established under ORS 469.441, payable to the Oregon Department of Energy. An election to obtain a site certificate is final upon submission of the application.
Stat. Auth.: ORS 469.370 & 469.470

Stats. Implemented: ORS 469.330

Hist.: EFSC 13, f. & ef. 6-11-76; EFSC 4-1981, f. & ef. 3-25-81; EFSC 2-1991(Temp), f. & cert. ef. 6-5-91; EFSC 1-1992(Temp), f. & cert. ef. 3-4-92; EFSC 2-1992, f. & cert. ef. 8-28-92; 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 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2007, f. & cert. ef. 5-15-07
345-020-0011
Contents of a Notice of Intent
(1) The applicant shall, to
the extent reasonably practicable, include in the notice of intent (NOI) the information
described in the following subsections. If the applicant proposes alternative sites,
the applicant shall describe each alternative separately. The applicant shall designate
the information with the appropriate exhibit label identified in the following subsections.
(a) Exhibit A. Information about
the applicant and participating persons, including:
(A) The name and address of
the applicant including all co-owners of the proposed facility, the name, mailing
address, email address and telephone number of the contact person for the NOI, and
if there is a contact person other than the applicant, the name, title, mailing
address, email address and telephone number of that person.
(B) The contact name, mailing
address, email address and telephone number of all participating persons, other
than individuals, including but not limited to any parent corporation of the applicant,
persons upon whom the applicant will rely for third-party permits or approvals related
to the facility, and persons upon whom the applicant will rely in meeting any facility
standard adopted by the Council.
(C) If the applicant is a corporation,
it shall give:
(i) The full name, official
designation, mailing address, email address and telephone number of the officer
responsible for submitting the NOI;
(ii) The date and place of its incorporation;
(iii) A copy of its articles of incorporation
and its authorization for submitting the NOI; and
(iv) In the case of a corporation
not incorporated in Oregon, the name and address of the resident attorney-in-fact
in this state and proof of registration to do business in Oregon.
(D) If the applicant is a wholly
owned subsidiary of a company, corporation or other business entity, in addition
to the information required by paragraph (C), it shall give the full name and business
address of each of the applicant's full or partial owners.
(E) If the person submitting
the NOI is an association of citizens, a joint venture or a partnership, it shall
give:
(i) The full name, official
designation, mailing address, email address and telephone number of the person responsible
for submitting the NOI;
(ii) The name, business address
and telephone number of each person participating in the association, joint venture
or partnership and the percentage interest held by each;
(iii) Proof of registration
to do business in Oregon;
(iv) A copy of its articles
of association, joint venture agreement or partnership agreement and a list of its
members and their cities of residence; and
(v) If there are no articles
of association, joint venture agreement or partnership agreement, the applicant
shall state that fact over the signature of each member.
(F) If the applicant is a public
or governmental entity, it shall give:
(i) The full name, official
designation, mailing address, email address and telephone number of the person responsible
for submitting the NOI; and
(ii) Written authorization from
the entity's governing body to submit an NOI.
(G) If the applicant is an individual,
the individual shall give his or her mailing address, email address and telephone
number.
(H) If the applicant is a limited
liability company, it shall give:
(i) The full name, official
designation, mailing address, email address and telephone number of the officer
responsible for submitting the NOI;
(ii) The date and place of its
formation;
(iii) A copy of its articles
of organization and its authorization for submitting the NOI; and
(iv) In the case of a limited
liability company not registered in Oregon, the name and address of the resident
attorney-in-fact in this state and proof of registration to do business in Oregon.
(b) Exhibit B. Information about
the proposed facility, including:
(A) A description of the proposed
energy facility, including as applicable:
(i) The nominal electric generating
capacity and the average electrical generating capacity, as defined in ORS 469.300.
(ii) Major components, structures
and systems, including a description of the size, type and configuration of equipment
used to generate electricity and useful thermal energy.
(iii) Methods for waste management
and waste disposal, including, to the extent known, the amount of wastewater the
applicant anticipates, the applicant’s plans for disposal of wastewater and
storm water, and the location of disposal.
(iv) For thermal power plants:
(I) A discussion of the source,
quantity and availability of all fuels proposed to be used in the facility to generate
electricity or useful thermal energy.
(II) Methods for disposal of
waste heat.
(v) For transmission lines,
approximate transmission line voltage, load carrying capacity and type of current.
(vi) For pipelines, approximate
operating pressure and delivery capacity in thousand cubic feet per day.
(vii) For surface facilities
related to underground gas storage, estimated daily injection and withdrawal rates,
horsepower compression required to operate at design injection or withdrawal rates,
operating pressure range and fuel type of compressors.
(viii) For facilities to store
liquefied natural gas, the approximate volume, maximum pressure, liquefication and
gasification capacity in thousand cubic feet per hour.
(B) A description of major components,
structures and systems of each related or supporting facility.
(C) The approximate dimensions
of major facility structures and visible features.
(c) Exhibit C. A description
of the location of the proposed energy facility site and the proposed site of each
related or supporting facility and all areas that might be temporarily disturbed
during construction of the facility, including the approximate land area of each.
(d) Exhibit D. If the proposed
energy facility is a pipeline or a transmission line or has, as a related or supporting
facility, a transmission line or pipeline that, by itself, is an energy facility
under the definition in ORS 469.300, identification of at least two proposed corridors,
as defined in OAR 345-001-0010, or identification of a single proposed corridor
with an explanation of why alternate corridors are unlikely to better meet the applicant’s
needs and satisfy the Council’s standards. The applicant shall include an
explanation of the basis for selecting the proposed corridor(s) and, for each proposed
corridor, the information described in subsections (e), (g), (i), (j), (k), (n)
and (p) that is available from existing maps, aerial photographs, and a search of
readily available literature.
(e) Exhibit E. Identification
of all federal, state and local government permits related to the siting of the
proposed facility, a legal citation of the statute, rule or ordinance governing
each permit, and the name, address, email address and telephone number of the agency
or office responsible for each permit. For each permit, the applicant shall provide
a preliminary analysis of whether the permit should or should not be included in
and governed by the site certificate.
(f) Exhibit F. A list of the
names and mailing addresses of all owners of record, as shown on the most recent
property tax assessment roll, of property located within or adjacent to the site
boundary as defined in OAR 345-001-0010. In addition to incorporating the list in
the NOI, the applicant shall submit the list to the Department of Energy in electronic
format acceptable to the Department for the production of mailing labels. Property
adjacent to the site boundary means property that is:
(A) Within 100 feet of the site
boundary where the site, corridor or micrositing corridor is within an urban growth
boundary;
(B) Within 250 feet of the site
boundary where the site, corridor or micrositing corridor is outside an urban growth
boundary and not within a farm or forest zone; and
(C) Within 500 feet of the site
boundary where the site, corridor or micrositing corridor is within a farm or forest
zone.
(g) Exhibit G. A map or maps
showing:
(A) The proposed locations of
the energy facility site, all related or supporting facility sites and all areas
that might be temporarily disturbed during construction of the facility in relation
to major roads, water bodies, cities and towns, important landmarks and topographic
features.
(B) The proposed locations of
the corridors the applicant has identified under subsection (d) in relation to major
roads, water bodies, cities and towns, important landmarks and topographic features.
(C) The study area(s) for the
proposed facility as defined in OAR 345-001-0010.
(D) The topography of the study
area(s) including streams, rivers, lakes, major roads and contour lines.
(E) All protected areas in the
study area as defined in OAR 345-001-0010 for impacts to protected areas.
(F) The location of any potential
waters of the state or waters of the United States that are on or adjacent to the
site.
(G) For energy generation facilities,
the approximate locations of any other energy generation facilities that are known
to the applicant to be permitted at the state or local level within the study area
as defined in OAR 345-001-0010 for impacts to public services.
(h) Exhibit H. If the proposed
facility is a non-generating energy facility for which the applicant must demonstrate
need under OAR 345-023-0005, identification of the rule in Division 23 of this chapter under which the applicant intends to demonstrate need
and a summary statement of the need and justification for the proposed facility.
(i) Exhibit I. A statement indicating whether
the applicant intends to satisfy the Council’s land use standard, OAR 345-022-0030,
by obtaining local land use approval under ORS 469.504(1)(a) or by seeking a Council
determination under ORS 469.504(1)(b).
(j) Exhibit J. Identification
of significant potential environmental impacts of construction and operation of
the proposed facility on the study areas, including those impacts affecting air
quality, surface and ground water quality and availability, wildlife and wildlife
habitat, threatened and endangered plant and animal species, historic, cultural
and archaeological resources, scenic and aesthetic areas, recreation, and land use.
(k) Exhibit K. Information about
significant potential adverse impacts of construction and operation of the proposed
facility on the ability of communities in the study area to provide the services
listed in OAR 345-022-0110.
(l) Exhibit L. Information about
anticipated water use during construction and operation of the proposed facility,
including:
(A) A description of each source
of water and the applicant’s estimate of the amount of water the facility
will need from each source.
(B) If a new water right is
required, the approximate location of the points of diversion and the estimated
quantity of water to be taken at each point.
(C) For operation, the source
of cooling water and the estimated consumptive use of cooling water, based on annual
average conditions.
(m) Exhibit M. If the proposed
facility would emit carbon dioxide, an estimate of the gross rate of carbon dioxide
emissions, a table listing all the factors that form the basis for calculating the
estimate, and a statement of the means by which the applicant intends to comply
with the applicable carbon dioxide emissions standard under OAR 345-024-560, 345-024-600,
or 345-024-630.
(n) Exhibit N. Identification,
by legal citation, of all state statutes and administrative rules and local government
ordinances containing standards or criteria that the proposed facility must meet
for the Council to issue a site certificate, other than statutes, rules and ordinances
identified in Exhibit E, and identification of the agencies administering those
statutes, administrative rules and ordinances. The applicant shall analyze and describe
any problems the applicant foresees in satisfying the requirements of any such statute,
rule or ordinance.
(o) Exhibit O. A schedule stating
when the applicant expects to submit a preliminary application for a site certificate.
(p) Exhibit P. Evidence of consultation
with the Legislative Commission on Indian Services to identify each appropriate
tribe to consult with regarding the proposed facility's possible effects on Indian
historic and cultural resources.
(2) Documents prepared in connection
with an environmental assessment or environmental impact statement for the proposed
facility under the National Environmental Policy Act of 1970, if any, may contain
some of the information required by section (1) of this rule. The applicant may
copy relevant sections of such documents into the appropriate exhibits of the NOI.
The applicant may otherwise submit full copies of those documents and include, in
the appropriate exhibits of the NOI, cross-references to the relevant sections of
those documents. The applicant may use such documents only to avoid duplication.
The applicant shall include additional information in the NOI as needed to meet
the requirements of section (1) of this rule.
(3) The applicant shall include
a table of contents in the NOI identifying the location of each exhibit required
by this rule. The applicant shall submit an original and two printed copies of the
NOI to the Department and shall prepare and distribute additional copies of the
NOI as required by OAR 345-020-0040. Upon a request by the Department, the applicant
must submit printed copies of the NOI for members of the Council. In addition to
the printed copies, the applicant shall submit the full NOI in a non-copy-protected
electronic format acceptable to the Department.
(4) The applicant or the applicant’s
representative shall attend all public informational meetings on the NOI as described
in OAR 345-015-0130 to discuss the proposed facility and to answer questions from
the public. If the applicant has identified one or more proposed corridors in Exhibit
D of the NOI as required by section (1)(d), the applicant may present adjustments
to the proposed corridor(s) at any public informational meeting. An adjustment is
any change that is outside the boundaries of the corridors proposed in the NOI and
may include an entirely new corridor.
[ED. NOTE: Exhibits referenced
are available from the agency.]
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.330

Hist.: EFSC 13, f. & ef.
6-11-76; EFSC 2-1991(Temp), f. & cert. ef. 6-5-91; EFSC 1-1992(Temp), f. &
cert. ef. 3-4-92; EFSC 2-1992, f. & cert. ef. 8-28-92; EFSC 5-1995, 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 1-2002, 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
345-020-0016
Amendment of Notice of
Intent
(1) The applicant may amend
the notice of intent (NOI). The applicant shall submit the original and two printed
copies of the amended NOI to the Department of Energy. Upon a request by the Department,
the applicant must submit printed copies of the amended NOI for members of the Council.
In addition to the printed copies, the applicant shall submit the full amended NOI
in a non-copy-protected electronic format acceptable to the Department.
(2) The Department shall inform
the public, in the manner described in OAR 345-015-0110, of any amendment that:
(a) Significantly changes the
proposed site boundary or location of the proposed energy facility or related or
supporting facility;
(b) Changes the proposed fuel
type, significantly increases the generating capacity of the proposed energy facility,
increases the voltage of a proposed transmission line, or significantly increases
the capacity or operating pressure of a proposed pipeline;
(c) Increases water consumption
or disposal by more than 5 percent;
(d) Changes the source of water;
or
(e) Significantly changes the
means of compliance with the carbon dioxide standard, if applicable.
(3) The applicant shall distribute
copies of the amended NOI in the manner described in OAR 345-020-0040.
(4) Submission of an amended
NOI does not extend the expiration date of the NOI. The applicant, however, may
petition the Council to extend the duration of the NOI as provided in OAR 345-020-0060.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.330

Hist.: EFSC 5-1995, 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 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. &
cert. ef. 5-15-12
345-020-0040
Distribution of a Notice of Intent
(1) After receiving the notice
of intent (NOI), the Department will prepare the memorandum described in OAR 345-015-0120
and, in coordination with the applicant, determine a distribution date and compile
a distribution list. The applicant shall distribute copies of the NOI to the persons
on the distribution list on or before the distribution date. The Department shall
include the reviewing agencies as defined in OAR 345-001-0010 on the distribution
list and may include additional persons.
(2) The applicant shall attach
the memorandum from the Department described in OAR 345-015-0120 to the copies of
the NOI distributed according to section (1).
(3) The applicant shall provide
additional copies of the NOI to the Department upon request and copies or access
to copies to any person requesting copies.
(4) The distribution described
in section (1) may be done by courier delivery or mailing of printed copies or,
with the approval of the Department, any form of electronic delivery.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.330
Hist.: EFSC 2-1991(Temp), f. & cert. ef. 6-5-91; EFSC
1-1992(Temp), f. & cert. ef. 3-4-92; EFSC 2-1992, f. & cert. ef. 8-28-92;
EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-96;
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
345-020-0060
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 finds that the petition shows good cause, the Council may extend the expiration date for a period of up to one year. The applicant's submission of a timely petition for an extension under this rule stays the expiration of the NOI until the Council's decision to grant or deny the extension.
(2) If the applicant does not submit an application for a site certificate for the facility described in an NOI before the expiration of the NOI or any extension period granted by the Council, the applicant must submit a new NOI to satisfy ORS 469.330.
Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.330

Hist.: EFSC 2-1991(Temp), f. & cert. ef. 6-5-91; EFSC 1-1992(Temp), f. & cert. ef. 3-4-92; EFSC 2-1992, f. & cert. ef. 8-28-92; 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 1-2007, f. & cert. ef. 5-15-07

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