OAR 330-210-0090
Amendments
(1)
Amendments are documentation of changes to the project described in the application for preliminary certification.(2)
An applicant must submit requests for amendments prior to issuance of the final certification.(3)
Small premium projects are not eligible for amendments to informational filings.(4)
Failure of an applicant to submit documentation to the department of changes to the project may result in denial of final tax credit certification.(5)
Changes to the project must be documented by the applicant. The applicant must submit an amendment request on the form specified in the Opportunity Announcement along with the required amendment fee, except that:(a)
Changes that result in less than a five percent aggregate change in energy savings may be documented in the project’s status report, the final certification application form, an amendment request form or by otherwise notifying the department in writing. These changes do not require an amendment fee. The applicant must demonstrate that the change to the project resulted in less than five percent aggregate change in energy savings.(b)
A change of responsible party information or applicant contact information may be documented by notifying the department in writing. These changes do not require an amendment fee.(6)
Undeclared changes found in the application for final certification or through later inspection must be documented by the applicant by submitting an amendment request on the form specified in the Opportunity Announcement with the required amendment fee. Undeclared changes that result in less than a five percent aggregate change in energy savings may be documented by the department through an inspection report or final review and do not require an amendment fee.(7)
When documenting a change, the applicant must demonstrate that the energy conservation project, with the proposed change, will continue to meet the requirements of statute, rule and the Opportunity Announcement; be technically feasible; will operate as represented and would remain in operation for at least five years. The applicant has the responsibility to provide an amendment request with complete technical documentation supporting the proposed amendment. The department may deny amendments submitted without such justification.(8)
An amendment may result in a reduction in tax credit, but may not increase the tax credit amount certified in the preliminary certificate.(9)
If an amendment request does not include all information needed to complete the review, the department may provide the applicant a written request for additional information. If the applicant does not provide the requested information to the department within 30 calendar days of the date of the department’s written request, the department may deny the amendment request to amend the preliminary certification.(10)
Requests for amendments must include payment of the appropriate fee, unless provided otherwise in this rule.(11)
The department will evaluate amendments to determine impact on energy savings and other factors, including whether the change would have affected the outcome of competitive review, which may result in reduction of the potential tax credit amount based on energy savings or project cost or denial of the amendment request.(12)
The department will decide whether to approve the amendment request.(a)
If the amendment request is approved prior to submission of the application for final certification, the department will draft an amended preliminary certification, which may contain new or amended conditions and requirements.(b)
If the amendment request is approved after submission of the application for final certification, the department will notify the applicant in writing. The amendment may result in a reduction in tax credit and inclusion of conditions in the final certificate.(c)
If the amendment request is denied, the department will notify the applicant in writing. The notice will include the reasons for the denial of the amendment request. The amendment fee will not be applied to future amendments.(d)
No later than 60 days after the department denies an amendment request or reduces the tax credit under this section, the applicant may request reconsideration in writing. The request for reconsideration will not extend other mandated timelines, such as the expiration date of the preliminary certificate.
Source:
Rule 330-210-0090 — Amendments, https://secure.sos.state.or.us/oard/view.action?ruleNumber=330-210-0090.