OAR 345-015-0190
Determination of Completeness

(1)

Until the Department determines the application to be complete, it is a preliminary application. Within 60 days after receipt of a preliminary application for a site certificate, the Department must notify the applicant whether the application is complete. In the notification, the Department must:

(a)

State that the application is complete and state the date of filing;

(b)

State that the application is incomplete, and:

(A)

Describe any information needed to complete the application to the extent known to the Department at the time of the notification;

(B)

Ask the applicant to submit the needed information by the deadline described in section (4); and

(C)

Estimate the additional time the Department will need to make a determination of completeness; or

(c)

Explain the reasons why the Department cannot determine completeness and estimate the additional time the Department will need to make a determination of completeness.

(2)

If the Department does not notify the applicant as described in section (1), the application is deemed complete and filed 60 days after receipt of the preliminary application. Otherwise, the application is complete as determined under section (5) and the date of filing is the date determined under section (6).

(3)

If the Department finds that the applicant did not give adequate consideration to public concerns about the corridors the applicant identified in Exhibit D of the notice of intent or corridor adjustments presented at the informational hearing described in OAR 345-015-0130 (Informational Meeting on a Notice of Intent), the Department may find the application incomplete and notify the applicant as described under section (1)(b).

(4)

The Department may specify a date by which the applicant must submit additional information needed to complete the application. If follow-up requests for additional information are needed, the Department may specify dates by which the applicant must submit the information. At the request of the applicant, the Department may allow additional time for submission of the information. If the applicant does not submit the information by the deadline specified by the Department, including any allowed extension, the Council may reject the application. The rejection of an application is subject to appeal under ORS 469.403 (Rehearing on approval or rejection of application for site certificate or amendment)(3).

(5)

An application is complete when the Department finds that the applicant has submitted information adequate for the Council to make findings or impose conditions on all applicable Council standards. The Department may find that the application is complete without requiring the applicant to submit all information described under OAR 345-021-0000 (General Requirements) and 345-021-0010 (Contents of an Application). The Department must notify the applicant when the Department finds that the application is complete and, if needed, may request the application supplement described in OAR 345-021-0055 (Distribution of a Complete Application).

(6)

The date of filing is the date the Department receives the application supplement described in OAR 345-021-0055 (Distribution of a Complete Application) or, if no supplement is needed, the date the Department notifies the applicant that the application is complete.

(7)

The Department must inform the public that the application is complete by publishing notice in a newspaper of general circulation available in the vicinity of the proposed facility. In addition, the Department must send notice by mail or email to all persons on:

(a)

The Council’s general mailing list as defined in OAR 345-011-0020 (Agendas for Regular Meetings);

(b)

Any special mailing list set up for the proposed facility; and

(c)

The list of property owners provided in Exhibit F of the application.

(8)

In notices described in section (7), the Department must include the following information:

(a)

A description of the proposed facility;

(b)

The location of the site of the proposed facility;

(c)

The date of filing;

(d)

A description of the procedure for review of the application, including the date, time and location of any informational meeting that has been scheduled on the application and an explanation of the difference between the informational meeting and the public hearing described in OAR 345-015-0220 (Public Hearing on the Draft Proposed Order);

(e)

Addresses of locations where the public may review copies of the application;

(f)

The name, address, email address, and telephone number of the Department’s representative to contact for more information;

(g)

If the applicant has elected to seek local land use approvals pursuant to ORS 469.503 (Requirements for approval of energy facility site certificate)(2)(a), a statement of the status of the land use approvals, and the name, address and telephone number of the local governments(s) making or having made the land use determination; and

(h)

If the proposed facility is an energy facility that must comply with a carbon dioxide emissions standard adopted by the Council, a statement of the applicant’s proposed means of compliance with the applicable carbon dioxide emissions standard.

(9)

After a determination that an application is complete, the applicant must submit additional information to the Department if the Department identifies a need for that information during its review of the application. Submission of such information does not constitute an amendment of the application.

Source: Rule 345-015-0190 — Determination of Completeness, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-015-0190.

345‑015‑0001
Purpose and Authority 345‑015‑0003
Remote and Electronic Public Meeting and Hearings 345‑015‑0012
Filing and Service of Documents in a Contested Case 345‑015‑0014
Contested Case Notices 345‑015‑0016
Requests for Party or Limited Party Status in Contested Cases on Applications for a Site Certificate 345‑015‑0018
Authorized Representative 345‑015‑0022
Petition for Indigent Status 345‑015‑0023
Duties of Hearing Officer 345‑015‑0024
Suspension of Hearing and Exclusion of a Party 345‑015‑0038
Separate Hearings 345‑015‑0043
Evidence: Testimony Submitted in Writing 345‑015‑0046
Evidence: Official Notice 345‑015‑0051
Evidence: Resolutions of Cities, Counties and Tribes 345‑015‑0054
Motions 345‑015‑0057
Prohibitions on Interlocutory Appeals to Council 345‑015‑0059
Prohibitions on Stays 345‑015‑0062
Reopening Record Prior to Decision 345‑015‑0080
Participation by Government Agencies 345‑015‑0083
Prehearing Conference and Prehearing Order 345‑015‑0085
Hearing Officer’s Proposed Contested Case Order 345‑015‑0110
Public Notice of a Notice of Intent 345‑015‑0120
Memorandum on a Notice of Intent 345‑015‑0130
Informational Meeting on a Notice of Intent 345‑015‑0140
Review by the Department of Energy 345‑015‑0160
Project Order 345‑015‑0180
Agency Memorandum on a Site Certificate Application 345‑015‑0190
Determination of Completeness 345‑015‑0200
Notice to Agencies that the Application is Complete 345‑015‑0210
Draft Proposed Order 345‑015‑0220
Public Hearing on the Draft Proposed Order 345‑015‑0230
Council Review and the Department of Energy’s Proposed Order 345‑015‑0240
The Decision-Making Record 345‑015‑0300
Request for Expedited Review of Small Capacity Facilities 345‑015‑0310
Request for Expedited Review of Special Criteria Facilities 345‑015‑0320
Public Hearing Procedures for Special Criteria Facilities 345‑015‑0350
Council Determination of Exemption 345‑015‑0360
Contents of Request for Exemption 345‑015‑0370
Consideration of Request for Exemption 345‑015‑0380
Loss of Exemption 345‑015‑0500
Confidentiality and Inadmissibility of Mediation Communications
Last Updated

Jun. 8, 2021

Rule 345-015-0190’s source at or​.us