OAR 345-015-0016
Requests for Party or Limited Party Status in Contested Cases on Applications for a Site Certificate
(1)
Notwithstanding OAR 137-003-0005 (Participation as Party or Limited Party)(2), a person requesting to participate as a party or limited party in a contested case proceeding must submit a petition to the hearing officer by the date specified in the Department’s notice issued under OAR 345-015-0230 (Council Review and the Department of Energy’s Proposed Order).(2)
Persons who have an interest in the outcome of the Council’s contested case proceeding or who represent a public interest in such result may request to participate as parties or limited parties.(3)
Except as described in section (4) of this rule, only those persons who have commented in person or in writing on the record of the public hearing described in OAR 345-015-0220 (Public Hearing on the Draft Proposed Order) may request to participate as a party or limited party in a contested case proceeding on an application for a site certificate. To raise an issue in a contested case proceeding, the issue must be within the jurisdiction of the Council, and the person must have raised the issue in person or in writing on the record of the public hearing, unless the Department did not follow the requirements of ORS 469.370 (Draft proposed order for hearing)(2) or (3) or unless the action recommended in the proposed order described in OAR 345-015-230, including any recommended conditions of approval, differs materially from the action recommended in the draft proposed order, in which case the person may raise only new issues within the jurisdiction of the Council that are related to such differences. If a person has not raised an issue at the public hearing with sufficient specificity to afford the decision maker an opportunity to respond to the issue, the hearing officer may not consider the issue in the contested case proceeding. To have raised an issue with sufficient specificity, the person must have presented facts at the public hearing that support the person’s position on the issue.(4)
Following a Council decision to grant a contested case hearing under OAR 345-015-0310 (Request for Expedited Review of Special Criteria Facilities), only those persons who have commented in person or in writing on the record of the public hearing described in OAR 345-015-0320 (Public Hearing Procedures for Special Criteria Facilities) may request to participate as a party or limited party in a contested case proceeding on an application for a site certificate. To raise an issue in a contested case proceeding, the issue must be within the jurisdiction of the Council, and the person must have raised the issue in person or in writing on the record of the public hearing. If a person has not raised an issue at the public hearing with sufficient specificity to afford the decision maker an opportunity to respond to the issue, the hearing officer may not consider the issue in the contested case proceeding. To have raised an issue with sufficient specificity, the person must have presented facts at the public hearing that support the person’s position on the issue.(5)
In a petition to request party or limited party status, the person requesting such status must include:(a)
The information required under OAR 137-003-0005 (Participation as Party or Limited Party)(3);(b)
A short and plain statement of the issue or issues that the person desires to raise in the contested case proceeding; and(c)
A reference to the person’s comments at the public hearing showing that the person raised the issue or issues at the public hearing.(6)
The hearing officer’s determination on a request to participate as a party or limited party is final unless the requesting person submits an appeal to the Council within seven days after the date of service of the hearing officer’s determination.
Source:
Rule 345-015-0016 — Requests for Party or Limited Party Status in Contested Cases on Applications for a Site Certificate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=345-015-0016.