Request for Expedited Review of Small Capacity Facilities
(1)In accordance with ORS 469.370 (Draft proposed order for hearing)(10), any person proposing to construct and operate an energy facility with an average electric generating capacity of less than 100 megawatts who chooses to request expedited review of an application for a site certificate shall submit to the Department of Energy a request for expedited review as described in section (2) with the fee required by the fee schedule established under ORS 469.441 (Justification of fees charged), payable to the Oregon Department of Energy. If the proposed energy facility has, as a related or supporting facility, a transmission line or pipeline that, by itself, is an energy facility under the definition in ORS 469.300 (Definitions), the proposed energy facility is not eligible for expedited review.
(2)In the request for expedited review, the applicant shall include:
(a)A description of the facility and the proposed site;
(b)The applicant’s name and address;
(c)A schedule stating when the applicant expects to submit a preliminary application for a site certificate;
(d)A list of all statutes, rules and ordinances applicable to the facility;
(e)A statement indicating whether the applicant intends to satisfy the Council’s land use standard, OAR 345-022-0030 (Land Use), by obtaining local land use approval pursuant to ORS 469.504 (Facility compliance with statewide planning goals)(1)(a) or by seeking a Council determination pursuant to ORS 469.504 (Facility compliance with statewide planning goals)(1)(b); and
(f)The reason and justification for any request for exception to an analysis area as provided under section (3).
(3)In an expedited review granted under this rule, the Department shall issue a project order following the applicant’s submission of a preliminary application for a site certificate. For the purposes of submitting the preliminary application, the analysis areas are the study areas as defined in OAR 345-001-0010 (Definitions), unless the applicant requests an exception in the request for expedited review and the Department approves the exception. The Department may, in the project order, modify the analysis areas. The Department may request additional information from the applicant, as provided in OAR 345-015-0190 (Determination of Completeness), before determining the application complete. Submission of the site certificate application and the Department’s review of the application in all other respects are the same for expedited review as for other site certificate applications.
(4)The Council hereby grants any request for expedited review from an applicant proposing a facility meeting the definition in section (1) if the Department determines that the request satisfies the requirements of section (2). The Department shall notify the applicant of its determination.
Rule 345-015-0300 — Request for Expedited Review of Small Capacity Facilities,