Council Determination of Exemption
(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).
Rule 345-015-0350 — Council Determination of Exemption,