(1)Except for facilities that the Council has determined exempt as described in OAR 345-015-0350 (Council Determination of Exemption) to 345-015-0370 (Consideration of Request for Exemption) or for which a separate site certificate is not required according to ORS 469.320 (Site certificate required)(5), a person may not construct or expand a facility unless the Council has granted a site certificate or an amendment to an existing site certificate.
(2)An applicant may not submit an application for a site certificate before the Department has issued a project order for the proposed facility as described in OAR 345-015-0160 (Project Order). The applicant may submit a draft application before the issuance of a project order. The applicant must submit the application before the expiration of the notice of intent.
(3)For an expedited review granted under OAR 345-015-0300 (Request for Expedited Review of Small Capacity Facilities) or 345-015-0310 (Request for Expedited Review of Special Criteria Facilities), section (2) does not apply and the applicant may submit an application for a site certificate any time after the Department determines the request for expedited review satisfies the requirements for expedited review as described in those rules.
(4)If the applicant submits a written request for waiver or modification of requirements in OAR 345-021-0010 (Contents of an Application) to the Department, the Department may waive or modify those requirements that the Department determines are not applicable to the proposed facility.
(5)For any state or local government agency permits, licenses or certificates proposed by the applicant to be included in and governed by the site certificate, the applicant must include within the site certificate application all information that would otherwise be required by the state or local government agency in an application for such permit, license or certificate.
(6)For any federally-delegated permits that are needed for construction or operation of the proposed facility, the applicant must submit to the Department one copy of each federally-delegated permit application. The applicant may submit the site certificate application before submitting a copy of a federally-delegated permit application if the applicant submits a schedule of the date by which the applicant intends to submit the federally-delegated permit application. The Department may not find the site certificate application to be complete before receiving copies of all federally-delegated permit applications and a letter or other indication from each agency responsible for issuing a federally-delegated permit stating that the agency has received the permit application, identifying any additional information the agency is likely to need from the applicant and estimating the date when the agency will complete its review and issue a permit decision.
(7)If the proposed facility is a non-generating facility for which the applicant must demonstrate need under OAR 345-023-0005 (Need for a Facility), in addition to the application for a site certificate described in 345-021-0010 (Contents of an Application), the applicant must submit, to the Department, two copies of each energy resource plan or combination of plans on which the applicant relies to demonstrate need under OAR 345-023-0020 (Least-Cost Plan Rule), unless the applicant chooses to incorporate copies of the plans as part of the application for a site certificate. The applicant must submit the plans to the Department with the site certificate application. The Department may not find the site certificate application to be complete before receiving copies of the plans. The plans described in this section are part of the decision record for the Department’s proposed order, described in OAR 345-015-0230 (Council Review and the Department of Energy’s Proposed Order).
(8)The applicant must submit an application for a site certificate to the Department with 25 percent of the fee the Department determines necessary for review of the application under ORS 469.421 (Fees)(3), payable to the Oregon Department of Energy. The applicant must pay the balance of the fee periodically, as specified by the Department.
(9)Until the Department determines the application to be complete as described in OAR 345-015-0190 (Determination of Completeness) or 345-015-0310 (Request for Expedited Review of Special Criteria Facilities), it is a preliminary application. For the purpose of determining the applicable substantive criteria under ORS 469.504 (Facility compliance with statewide planning goals)(1)(b)(A), the date the preliminary application is received by the Department is the date the application is submitted.
Rule 345-021-0000 — General Requirements,