OAR 345-015-0350
Council Determination of Exemption

The Council shall, upon request, determine whether a proposed facility or proposed expansion of a facility is exempt from the requirement to obtain a site certificate. A site certificate is not required for:

(1)

A facility for which no site certificate has been issued that, on August 2, 1993, had operable electric generating equipment for a modification that uses the same fuel type and increases electric generating capacity, if the site is not enlarged and:

(a)

The ability of the facility to use fuel for electricity production under peak steady state operating conditions is not more than 200 million Btu per hour (higher heating value) greater than it was on August 2, 1993; or

(b)

The facility expansion is called for in the short-term plan of action of an energy resource plan that has been acknowledged by the Public Utility Commission of Oregon.

(2)

Construction or expansion of any interstate natural gas pipeline or associated underground natural gas storage facility authorized by and subject to the continuing regulation of the Federal Energy Regulatory commission or successor agency.

(3)

A high efficiency cogeneration facility, as defined in OAR 345-001-0010 (Definitions).

(4)

A small generating plant or an expansion to a small generating plant, as defined in OAR 345-001-0210 (Effect of an Energy Generation Area), if the Council finds that the accumulated effects do not have a magnitude similar to a single generating plant with an average electric generating capacity of 35 megawatts or more, as described in 345-001-0210 (Effect of an Energy Generation Area)(3).

(5)

An energy facility as defined in ORS 469.300 (Definitions)(11)(a)(G), if the facility meets the requirements of 469.320 (Site certificate required)(2)(f).

(6)

A standby generation facility as defined under ORS 469.320 (Site certificate required).

Source: Rule 345-015-0350 — Council Determination of Exemption, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-015-0350.

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 345-015-0350’s source at or​.us