Loss of Exemption
(1)In accordance with ORS 469.320 (Site certificate required)(6), any person operating a facility for which the Council previously granted an exemption under ORS 469.320 (Site certificate required)(2)(c) and that has experienced a substantial loss of steam host resulting in a substantial loss in fuel use efficiency must submit an application for a site certificate within 12 months of the loss.
(2)Any person proposing to enlarge the site of a facility previously determined to be exempt under 469.320 (Site certificate required)(2)(a) must submit an application for a site certificate.
(3)Any person submitting an application for a site certificate under section (1) or (2) may request expedited review as described in OAR 345-015-0300 (Request for Expedited Review of Small Capacity Facilities) or 345-015-0310 (Request for Expedited Review of Special Criteria Facilities) if the average electric generating capacity of the energy facility is less than 100 megawatts.
(4)Any person operating a plant that the Council has determined exempt under OAR 345-015-0350 (Council Determination of Exemption)(5) must apply for a site certificate before making any change in the operation of the plant such that the plant would no longer meet the requirements of ORS 469.320 (Site certificate required)(2)(f).
Rule 345-015-0380 — Loss of Exemption,