(1)“Adjusted to ISO conditions” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(2)“Analysis area” means the area or areas specifically described in the project order issued under OAR 345-015-0160 (Project Order)(1), containing resources that the proposed facility may significantly affect. The analysis area is the area for which the applicant must describe the proposed facility’s impacts in the application for a site certificate. A proposed facility might have different analysis areas for different types of resources. For the purpose of submitting an application for a site certificate in an expedited review granted under 345-015-0300 (Request for Expedited Review of Small Capacity Facilities) or 345-015-0310 (Request for Expedited Review of Special Criteria Facilities), the analysis areas are the study areas defined in this rule, subject to modification in the project order.
(3)“Applicant” as defined in ORS 469.300 (Definitions) or, if an application has not been submitted, a person who has submitted, or intends to submit, a notice of intent or a request for expedited review.
(4)“Associated transmission lines” as defined in ORS 469.300 (Definitions).
(5)“Average electric generating capacity” as defined in ORS 469.300 (Definitions).
(6)“Background radiation” means the direct radiation (gamma) and concentrations of potential radionuclide contaminants in construction materials and the environment in the vicinity of the plant not associated with the nuclear operation and retirement of the facility. Background must be determined as follows:
(a)For direct radiation, the results of any background measurements taken prior to operation of the facility must be provided and 6 to 10 measurements must be taken in areas in the vicinity of the site with materials and/or geological formations representative of the site that have not been affected by the operation and retirement of the facility. Background must be calculated at the average and at the 95% confidence level.
(b)Environmental samples must be taken for soil, sediment, water, and other materials present at the facility site that could have been affected by facility operations and retirement. Measurements for these samples must be calculated at the average and 95% confidence levels, based on 6 to 10 measurements. Background environmental samples must be taken at locations on site or in the immediate vicinity of the site which are unaffected by plant operations. Background must be calculated at the average and 95% confidence levels, based on 6 to 10 measurements at each location.
(c)For construction material such as concrete, asphalt, block, brick and other materials used to construct the buildings and systems at the site, representative samples of materials unaffected by site operations must be selected and surveyed. Six to ten samples of each material must be taken to determine the level of naturally occurring and artificially induced concentrations of naturally occurring radioactivity present. Measurements must include direct radiation (beta-gamma and alpha), wipes and qualitative and quantitative laboratory analyses. Concentrations of fission and activation products from historical fallout must be characterized as well.
(d)All measurements must be made using appropriate instruments, properly calibrated, and in sufficient number to determine compliance with requirements.
(7)“Base load gas plant” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(8)“Carbon dioxide equivalent” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(9)“Certificate holder” means the person to whom a site certificate has been granted by the Council pursuant to this chapter.
(10)“Chair” means the chairman or chairwoman of the Energy Facility Siting Council.
(11)“Committed firm energy and capacity resources” means generating facilities or power purchase contracts that are assured to be available to the energy supplier over a defined time period. Committed firm energy and capacity resources include existing generating facilities, existing power purchase contracts and planned generating facilities that sponsors have made firm commitments to develop.
(12)“Construction” as defined in ORS 469.300 (Definitions).
(13)“Corridor” means a continuous area of land not more than one-half mile in width and running the entire length of a proposed transmission line or pipeline. “Micrositing corridor” is defined below in this rule.
(14)“Council” means the Energy Facility Siting Council established under ORS 469.450 (Energy Facility Siting Council).
(15)“Council Secretary” means the person designated by the Director of the Oregon Department of Energy to serve as secretary to the Council.
(16)“Department” means the Oregon Department of Energy created under ORS 469.030 (State Department of Energy).
(17)“Direct cost” means the discounted sum of all monetary costs to the ultimate consumer over the lifetime of the facility or resource plan or resource strategy.
(18)“Energy facility” includes:
(b)A small generating plant for which an applicant must have a site certificate according to OAR 345-001-0210 (Effect of an Energy Generation Area); and
(c)A facility for which a developer or governing body has elected to defer regulatory authority to the Council under ORS 469.320 (Site certificate required)(8).
(19)“Energy supplier” means:
(a)A retail electric utility, a federal power marketing agency, or a local gas distribution company, or
(b)A person or public agency generating electric energy for its own consumption, lawfully purchasing electric energy directly from a generator for its own consumption, or transmitting or distributing natural or synthetic gas from an energy facility for its own consumption.
(20)“Existing corridor,” as used in ORS 469.300 (Definitions) and 469.442 (Procedure prior to construction of transmission line in excess of 230,000 volts), means the right-of-way of an existing transmission line, not to exceed 100 feet on either side of the physical center line of the transmission line or 100 feet from the physical center line of the outside lines if the corridor contains more than one transmission line.
(21)“Facility” as defined in ORS 469.300 (Definitions) or a small generating plant for which an applicant must have a site certificate according to OAR 345-001-0210 (Effect of an Energy Generation Area) together with any related or supporting facilities.
(22)“Facility substantially similar to the proposed facility” means:
(a)A facility that uses the same fuel and substantially similar technology, that has substantially the same in-service date, and that has a direct cost not substantially greater than that of the proposed facility; or
(b)A facility that is demonstrated to provide as good a mix of reliability, compatibility with the power system, strategic flexibility, environmental impact and direct cost as the proposed facility taking into account reasonable trade-offs among such factors.
(23)“Fossil fuel” means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials that is used to produce useful energy.
(24)“Fossil-fueled power plant” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(25)“Fuel chargeable to power heat rate” means the net heat rate of electric power production during the first twelve months of commercial operation. A fuel chargeable to power heat rate is calculated with all factors adjusted to the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate using the formula, FCP = (FI - FD)/ P, where:
(a)FCP = Fuel chargeable to power heat rate.
(b)FI = Annual fuel input to the facility applicable to the cogeneration process in British thermal units (higher heating value).
(c)FD = Annual fuel displaced in any industrial or commercial process, heating, or cooling application by supplying useful thermal energy from a cogeneration facility instead of from an alternate source, in British thermal units (higher heating value). (d) P = Annual net electric output of the cogeneration facility in kilowatt-hours.
(26)“Generating facility” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(27)“Greenhouse gas” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(28)“Gross carbon dioxide emissions” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e). The Council must measure the gross carbon dioxide emissions of a fossil-fueled power plant on a new and clean basis. For nongenerating energy facilities that emit carbon dioxide, the Council must measure the gross carbon dioxide emissions as described in OAR 345-024-0620 (Standard for Nongenerating Energy Facilities)(1).
(29)“High efficiency cogeneration facility” means an energy facility, except coal and nuclear power plants, that sequentially produces electrical and useful thermal energy from the same fuel source and under average annual operating conditions:
(a)Has a nominal electric generating capacity of less than 50 megawatts and the fuel chargeable to power heat rate value is not greater than 5550 Btu per kilowatt-hour (higher heating value); or
(b)Has a nominal electric generating capacity of 50 megawatts or more and the fuel chargeable to power heat rate value is not greater than 6000 Btu per kilowatt-hour (higher heating value).
(30)“Land use approval” means a final quasi-judicial decision or determination made by a local government that:
(a)Applies existing comprehensive plan provisions or land use regulations to a proposed facility;
(b)Amends a comprehensive plan map or zoning map to accommodate a proposed facility;
(c)Amends comprehensive plan text or land use regulations to accommodate a proposed facility;
(d)Applies the statewide planning goals to a proposed facility; or
(e)Takes an exception to the statewide planning goals adopted by the Land Conservation and Development Commission for a proposed facility.
(31)“Local government” as defined in ORS 469.300 (Definitions).
(32)“Micrositing corridor” means a continuous area of land within which construction of facility components may occur, subject to site certificate conditions.
(33)“Mitigation” means taking one or more of the following actions listed in order of priority:
(a)Avoiding the impact altogether by not taking a certain action or parts of an action;
(b)Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c)Partially or completely rectifying the impact by repairing, rehabilitating or restoring the affected environment;
(d)Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures;
(e)Partially or completely compensating for the impact by replacing or providing comparable substitute resources or environments; or
(f)Implementing other measures approved by the Council.
(34)“Natural gas” means gas as defined in ORS 520.005 (Definitions).
(35)“Natural gas-fired facility” means an energy facility that is intended to be fueled by natural gas except for infrequent periods when the natural gas supply is interrupted, during which an alternate fuel may be used. Such alternate fuel use may not exceed 10 percent of expected fuel use in British thermal units, higher heating value on an annual basis.
(36)“Net carbon dioxide emissions” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(37)“Net electric power output” means the electric power produced or capacity made available for use. Calculation of net electric power output subtracts losses from on-site transformers and power used for any on-site electrical loads from gross capacity as measured or estimated at the generator terminals for each generating unit.
(38)“New and clean basis” means the average carbon dioxide emissions rate per hour and net electric power output of the energy facility, without degradation. The site certificate holder must determine the new and clean basis:
(a)By a 100-hour test at full power that the site certificate holder completes during the first 12 months of commercial operation of the energy facility, unless the Council specifies a different testing period for a non-base load power plant (or power augmentation) or a nongenerating energy facility. A 100-hour test performed for purposes of the certificate holder’s commercial acceptance of the facility may suffice in lieu of testing after beginning commercial operation;
(b)With the results adjusted for the average annual site condition for temperature, barometric pressure and relative humidity and use of alternative fuels unless the Council specifies that the results for a non-base load power plant (or power augmentation) or a nongenerating energy facility be adjusted for the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate;
(c)Using a rate of 117 pounds of carbon dioxide per million Btu of natural gas fuel (higher heating value); and,
(d)Using a rate of 161 pounds of carbon dioxide per million Btu of distillate fuel (higher heating value), if such fuel use is proposed by the applicant.
(e)Notwithstanding subsection (a) and including subsections (b) through (d), for a facility that employs major power generating equipment that has previously been used, the new and clean basis means the average carbon dioxide emissions rate and net electric power output for the first use of the equipment at the site, as determined by historical data from the previous usage or by testing on site.
(39)“Nominal electric generating capacity” as defined in ORS 469.300 (Definitions).
(40)“Non-base load power plant” means a fossil-fueled generating facility that is limited by the site certificate to an average number of hours of operation per year of not more than 6,600 hours. For a non-base load power plant designed to operate at variable loads, the facility’s annual hours of operation are determined by dividing the actual annual electric output of the facility in megawatt-hours by the facility’s nominal electric generating capacity in megawatts. The Council will assume a 30-year life for the plants for purposes of determining gross carbon dioxide emissions, unless the applicant requests and the Council approves a shorter operational life in the site certificate. If the Council approves a shorter operational life, the certificate holder must operate the facility for no longer than the approved operational life or, before the expiration of the approved operational life, must request an amendment of the site certificate to extend the operational life.
(41)“Nongenerating facility” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(42)“Offset” as defined in ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(e).
(43)“Offset funds” means the amount of funds determined by the Council to satisfy the applicable carbon dioxide emissions standard pursuant to OAR 345-024-0560 (Means of Compliance for Base Load Gas Plants)(3), 345-024-0600 (Means of Compliance for Non-Base Load Power Plants)(3) or 345-024-0630 (Means of Compliance for Nongenerating Energy Facilities)(2) and (4).
(44)“Owner” means owner or lessee under a capital lease.
(45)“Permit” means any permit, license, certificate or other approval required by federal law, state statute, state administrative rule or local government ordinance.
(46)“Person” as defined in ORS 469.300 (Definitions).
(47)“Power augmentation” means technologies that increase the capacity and the heat rate of the plant above the capacity and heat rate of the base load gas plant. These include, but are not limited to, duct burning and some forms of steam augmentation.
(48)“Project order” as defined in ORS 469.300 (Definitions).
(49)“Qualified organization” means an organization that:
(a)Is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on September 18, 2015;
(b)Either is incorporated in the State of Oregon or is a foreign corporation authorized to do business in the State of Oregon;
(c)Has in effect articles of incorporation that:
(A)Require that offset funds received under OAR 345-024-0710 (Monetary Path Payment Requirement)(3) are used for offsets;
(B)Require that decisions on the use of the offset funds are made by a decision-making body composed of seven voting members of which three are appointed by the Council, three are Oregon residents appointed by the Bullitt Foundation or an alternative environmental nonprofit organization named by the body, and one is appointed by the applicants for site certificates that are subject to OAR 345-024-0550 (Standard for Base Load Gas Plants), 345-024-590, and 345-024-0620 (Standard for Nongenerating Energy Facilities) and the holders of such site certificates; and
(C)Require nonvoting membership on the decision-making body for holders of site certificates that have provided funds not yet disbursed under OAR 345-024-0710 (Monetary Path Payment Requirement)(3);
(d)Has made available on an annual basis, beginning after the first year of operation, a signed opinion of an independent certified public accountant stating that the qualified organization’s use of funds pursuant to ORS 469.503 (Requirements for approval of energy facility site certificate) conforms with generally accepted accounting procedures except that the qualified organization will have one year to conform with generally accepted accounting principles in the event of a nonconforming audit;
(e)Has to the extent applicable, except for good cause, entered into contracts obligating at least 60 percent of the offset funds to implement offsets within two years after the commencement of construction of the facility; and
(f)Has to the extent applicable, except for good cause, complied with OAR 345-024-0710 (Monetary Path Payment Requirement)(3).
(50)“Related or supporting facilities” as defined in ORS 469.300 (Definitions). The Council interprets the terms “proposed to be constructed in connection with” to mean that a structure is a related or supporting facility if it would not be built but for construction or operation of the energy facility. “Related or supporting facilities” does not include any structure existing prior to construction of the energy facility, unless such structure must be substantially modified solely to serve the energy facility.
(51)“Reviewing agency” means any of the following officers, agencies or tribes:
(a)The Department of Environmental Quality;
(b)The Water Resources Commission and the Water Resources Director through the Water Resources Department;
(c)The Fish and Wildlife Commission through the Oregon Department of Fish and Wildlife;
(d)The State Geologist;
(e)The Department of Forestry;
(f)The Public Utility Commission of Oregon;
(g)The Oregon Department of Agriculture;
(h)The Department of Land Conservation and Development;
(i)The Oregon Department of Aviation;
(j)The Pacific Northwest Electric Power and Conservation Planning Council;
(k)The Office of State Fire Marshal;
(l)The Department of State Lands;
(m)The State Historic Preservation Office;
(n)Any other agency identified by the Department;
(o)Any tribe identified by the Legislative Commission on Indian Services as affected by the proposed facility;
(p)The governing body of any incorporated city or county in Oregon within the study area as defined in OAR 345-001-0010 (Definitions) for impacts to public services;
(q)Any special advisory group designated by the Council under ORS 469.480 (Local government advisory group); and
(r)The federal land management agency with jurisdiction if any part of the proposed site is on federal land.
(52)“Significant” means having an important consequence, either alone or in combination with other factors, based upon the magnitude and likelihood of the impact on the affected human population or natural resources, or on the importance of the natural resource affected, considering the context of the action or impact, its intensity and the degree to which possible impacts are caused by the proposed action. Nothing in this definition is intended to require a statistical analysis of the magnitude or likelihood of a particular impact.
(53)“Site” as defined in ORS 469.300 (Definitions). “Energy facility site” means all land upon which an energy facility is located or proposed to be located. “Related or supporting facilities site” means all land upon which related or supporting facilities for an energy facility are located or proposed to be located.
(54)“Site boundary” means the perimeter of the site of a proposed energy facility, its related or supporting facilities, all temporary laydown and staging areas and all corridors and micrositing corridors proposed by the applicant.
(55)“Site certificate” as defined in ORS 469.300 (Definitions).
(56)“Solar photovoltaic power generation facility” includes, but is not limited to, an assembly of equipment that converts sunlight into electricity and then stores or transfers that electricity. This includes photovoltaic modules, mounting and tracking equipment, posts, electrical cabling, inverters, transformers, collection systems, fencing, and other components.
(a)For the purposes of applying the acreage standards of ORS 469.300 (Definitions)(11)(a)(D), the land used by a solar photovoltaic power generation facility includes the land occupied by its related or supporting facilities. Related or supporting facilities are not otherwise considered to be components of the solar photovoltaic power generation facility;
(b)A proposed solar photovoltaic power generation project may be determined to be an expansion of any existing or proposed solar photovoltaic power generation facility that is:
(A)Within one mile of the proposed project; and
(B)Determined to be under common ownership with the proposed project. Projects connected to the same parent company or individuals will be considered to be in common ownership, regardless of the operating business structure;
(c)As used in this rule and OAR 345-001-0250 (Solar Photovoltaic Power Generation Facilities), a “proposed solar photovoltaic power generation project” means:
(A)The proposed development of a separate and independent solar photovoltaic power generation facility; or
(B)The proposed expansion or modification of a proposed or existing solar photovoltaic power generation facility.
(57)“Special nuclear material” means plutonium, uranium-233 or uranium enriched in the isotope 233 or in the isotope 235.
(58)“Strategic flexibility” means the value of a resource as part of a strategy to manage variance in costs or risks caused by future uncertainty.
(59)“Study area” means an area defined in this rule. Except as specified in subsections (f) and (g), the study area is an area that includes all the area within the site boundary and the area within the following distances from the site boundary:
(a)For impacts to threatened and endangered plant and animal species, 5 miles.
(b)For impacts to scenic resources and to public services, 10 miles.
(c)For land use impacts and impacts to fish and wildlife habitat, one-half mile.
(d)For impacts to recreational opportunities, 5 miles.
(e)For impacts to protected areas described in OAR 345-022-0040 (Protected Areas), 20 miles.
(f)The distance stated in subsection (a) above does not apply to surface facilities related to an underground gas storage reservoir.
(g)The distances stated in subsections (a) and (d) above do not apply to pipelines or transmission lines.
(60)“Substantial loss of steam host” means the thermal energy user associated with a high efficiency cogeneration facility has made such long-term changes in its manner and magnitude of operation as to result in the loss of one or more work shifts for at least a year, accompanied by at least a 30 percent resultant reduction in the use of thermal energy.
(61)“Substantial loss of fuel use efficiency” means an increase in the fuel chargeable to power heat rate at a high efficiency cogeneration facility to greater than 7000 Btu per kilowatt-hour (higher heating value), or reduction of the fraction of energy output going to the thermal energy user associated with the facility to less than 20 percent, as a result of a substantial loss of steam host. Substantial loss of fuel use efficiency does not include efficiency losses due to equipment wear or condition.
(62)“Surface facilities related to an underground gas storage reservoir” means structures or equipment adjacent to and associated with an underground gas storage reservoir that are proposed to be built in connection with an underground gas storage reservoir and include, but are not limited to:
(a)Facilities such as stripping plants, main line dehydration stations, offices, warehouses, equipment shops, odorant storage and injection equipment and compressors;
(b)Pipelines, such as gathering lines and liquid collection lines; and
(c)Roads and road maintenance equipment housing at the reservoir site.
(63)“Thermal power plant” as defined in ORS 469.300 (Definitions).
(64)“Total energy output” means the sum of useful thermal energy output and useful electrical energy output.
(65)“Underground gas storage reservoir” as defined in ORS 469.300 (Definitions).
(66)“Useful thermal energy” means the verifiable thermal energy used in any industrial or commercial process, heating or cooling application;
(67)“Utility” as defined in ORS 469.300 (Definitions).
(68)“Vice-chair” means the vice-chairman or vice-chairwoman of the Energy Facility Siting Council.
(69)“Waste disposal facility” as defined in ORS 469.300 (Definitions).
Rule 345-001-0010 — Definitions,