OAR 345-015-0230
Council Review and the Department of Energy’s Proposed Order

(1)

Following the close of the record of the public hearing conducted under OAR 345-015-0220 (Public Hearing on the Draft Proposed Order), the Council must review the draft proposed order. In accordance with ORS 469.370 (Draft proposed order for hearing)(3), when the Council meets to review a draft proposed order, the Council may not permit the applicant, reviewing agencies or the public to comment on any issue that may be the basis for a contested case.

(2)

Following the Council’s meeting to review the draft proposed order, the Department must issue a proposed order in accordance with ORS 469.370 (Draft proposed order for hearing)(4), taking into consideration the comments of the Council, any public comments made at a public hearing, written comments received before the close of the record of the public hearing, and agency consultation. In the proposed order, the Department must recommend either granting a site certificate with conditions or denying a site certificate for the proposed facility.

(3)

Following issuance of the proposed order, the Department must issue a public notice of the proposed order, subject to the following:

(a)

The public notice of the proposed order must include:

(A)

A description of the facility and the facility’s general location;

(B)

A summary of the recommendations included in the Proposed Order;

(C)

A description of the process and deadline for requests to participate as a party or limited party in the contested case under OAR 345-015-0016 (Requests for Party or Limited Party Status in Contested Cases on Applications for a Site Certificate);

(D)

The date of the prehearing conference, if any; and

(E)

The date of the hearing; and

(b)

The Department must send the notice by mail or email to:

(A)

All persons on the Council’s general mailing list;

(B)

All persons on any special mailing list set up for the proposed project;

(C)

All persons who commented in person or in writing on the record of the public hearing conducted under OAR 345-015-0220 (Public Hearing on the Draft Proposed Order); and

(D)

The property owners listed in Exhibit F of the site certificate application, as updated by the applicant upon the request of the Department.

(4)

On the same date as notice is issued under section (3) of this rule, the Department must notify the applicant that the applicant must notify the hearing officer and the Department of any issues the applicant intends to raise in the contested case proceedings by the date established in paragraph (3)(a)(C) of this rule.

(5)

After the conclusion of the contested case proceeding, the Council will take final action on the site certificate application, as described in OAR 345-015-0085 (Hearing Officer’s Proposed Contested Case Order).

Source: Rule 345-015-0230 — Council Review and the Department of Energy’s Proposed Order, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-015-0230.

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 345-015-0230’s source at or​.us