OAR 345-027-0357
Amendment Determination Request


(1)

For a proposed change that would add area to the site boundary, the certificate holder must either:

(a)

Submit a request for amendment to the Department; or

(b)

Submit an amendment determination request to the Department for a written determination of whether the proposed change requires an amendment under OAR 345-027-0350 (Changes Requiring an Amendment), and is not exempt under OAR 345-027-0353 (Changes Exempt from Requiring an Amendment).

(2)

For a proposed change that would not add area to the site boundary, the certificate holder may submit an amendment determination request to the Department for a written determination of whether:

(a)

The proposed change requires an amendment under OAR 345-027-0350 (Changes Requiring an Amendment); or

(b)

The proposed change is exempt from requiring an amendment under OAR 345-027-0353 (Changes Exempt from Requiring an Amendment).

(3)

For any request for amendment described under OAR 345-027-0350 (Changes Requiring an Amendment)(3) or (4), the certificate holder may submit an amendment determination request to the Department for a written determination of whether a request for amendment justifies review under the type B review process described in OAR 345-027-0351 (Review Processes for Requests for Amendment)(3).

(4)

A request described in section (1), (2), or (3) of this rule must be submitted in writing to the Department and must include:

(a)

A narrative description of the proposed change;

(b)

Maps and/or geospatial data layers representing the effects and/or location of the proposed change;

(c)

The certificate holder’s evaluation of the determinations it is requesting under sections (1), (2), or (3) of this rule; and

(d)

Any additional information the certificate holder believes will assist the Department’s evaluation.

(5)

After receiving an amendment determination request, the Department must post an announcement on the Department’s website to notify the public that an amendment determination request has been received. The announcement must include a copy of the amendment determination request.

(6)

Upon receiving a request for a written determination described in section (1) or (2) of this rule, the Department must, as promptly as possible, issue a written determination to the certificate holder. After the Department issues its written determination, the Department must, as promptly as possible, provide the request and the written determination to the Council and post the written determination to its website. At the first Council meeting after the Department issues its written determination, the Department must provide verbal notice of the request and the written determination to the Council during the consent calendar agenda item. The Department may refer its determination to the Council for concurrence, modification, or rejection. At the request of the certificate holder or a Council member, the Department must refer its determination to the Council for concurrence, modification or rejection.

(7)

Upon receiving a request for a written determination described in section (3) of this rule, the Department must, as promptly as possible, issue a written determination to the certificate holder. At the request of the certificate holder, the Department must refer its determination to the Council for concurrence, modification, or rejection.

(8)

In determining whether a request for amendment justifies review under the type B review process described in OAR 345-027-0351 (Review Processes for Requests for Amendment)(3), the Department and the Council may consider factors including, but not limited to:

(a)

The complexity of the proposed change;

(b)

The anticipated level of public interest in the proposed change;

(c)

The anticipated level of interest by reviewing agencies;

(d)

The likelihood of significant adverse impact; and

(e)

The type and amount of mitigation, if any.

Source: Rule 345-027-0357 — Amendment Determination Request, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0357.

345‑027‑0110
Termination of a Site Certificate
345‑027‑0210
General
345‑027‑0220
Request for Approval
345‑027‑0230
Review of a Request for Approval
345‑027‑0240
Conditions
345‑027‑0311
Applicability
345‑027‑0313
Certificate Expiration
345‑027‑0350
Changes Requiring an Amendment
345‑027‑0351
Review Processes for Requests for Amendment
345‑027‑0353
Changes Exempt from Requiring an Amendment
345‑027‑0355
Written Evaluations for Changes Not Requiring Amendment
345‑027‑0357
Amendment Determination Request
345‑027‑0359
Pre-Amendment Conference
345‑027‑0360
Preliminary Request for Amendment
345‑027‑0363
Determination of Completeness for a Request for Amendment
345‑027‑0365
Draft Proposed Order for a Request for Amendment
345‑027‑0367
Public Comment and Hearing on the Draft Proposed Order for Requests for Amendment Under Type A Review
345‑027‑0368
Public Written Comment on the Draft Proposed Order for Requests for Amendment Under Type B Review
345‑027‑0371
Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review
345‑027‑0372
Proposed Order and Council’s Final Decision on Requests for Amendment Under Type B Review
345‑027‑0375
Scope of Council’s Review
345‑027‑0380
Type C Review Process for Pre-Operational Requests for Amendment
345‑027‑0385
Request for Amendment to Extend Construction Deadlines
345‑027‑0390
Request by Any Person for Amendment to Apply Later-Adopted Laws
345‑027‑0400
Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder
Last Updated

Jun. 8, 2021

Rule 345-027-0357’s source at or​.us