OAR 345-027-0360
Preliminary Request for Amendment


(1)

To request an amendment to the site certificate required by OAR 345-027-0350 (Changes Requiring an Amendment)(3) or (4), the certificate holder must submit a written preliminary request for amendment to the Department that includes the following:

(a)

The name of the facility, the name and mailing address of the certificate holder, and the name, mailing address, email address and phone number of the individual responsible for submitting the request;

(b)

A detailed description of the proposed change, including:

(A)

A description of how the proposed change affects the facility;

(B)

A description of how the proposed change affects those resources or interests protected by applicable laws and Council standards, and

(C)

The specific location of the proposed change, and any updated maps and/or geospatial data layers relevant to the proposed change;

(c)

References to any specific Division 21 information that may be required for the Department to make its findings;

(d)

The specific language of the site certificate, including conditions, that the certificate holder proposes to change, add, or delete through the amendment;

(e)

A list of all Council standards and other laws, including statutes, rules and ordinances, applicable to the proposed change, and an analysis of whether the facility, with the proposed change, would comply with those applicable laws and Council standards. For the purpose of this rule, a law or Council standard is “applicable” if the Council would apply or consider the law or Council standard under OAR 345-027-0375 (Scope of Council’s Review)(2); and
(f) A list of the names and mailing addresses of property owners, as described in this rule:

(A)

The list must include all owners of record, as shown on the most recent property tax assessment roll, of property located:
(i) Within 100 feet of property which the subject of the request for amendment, where the subject property is wholly or in part within an urban growth boundary;
(ii)
Within 250 feet of property which is the subject of the request for amendment, where the subject property is outside an urban growth boundary and not within a farm or forest zone; or
(iii)
Within 500 feet of property which is the subject of the request for amendment, where the subject property is within a farm or forest zone; and
(B) In addition to incorporating the list in the request for amendment, the applicant must submit the list to the Department in an electronic format acceptable to the Department.

(2)

Within 14 days after receiving a preliminary request for amendment, the Department must notify the public that a preliminary request for amendment has been received by:
(a) Sending notice by mail or email to:
(A) All persons on the Council’s general mailing list as defined in OAR 345-011-0020 (Agendas for Regular Meetings);
(B) All persons on any special mailing list established for the facility;
(C) The reviewing agencies for the facility, as defined in OAR 345-001-0010 (Definitions)(51); and
(D) The property owners on the list provided under subsection (1)(f) of this rule; and

(b)

Posting an announcement on the Department’s website to notify the public that a preliminary request for amendment has been received. The announcement must include a copy of the preliminary request for amendment.

(3)

For any Council standard that requires evaluation of impacts within an analysis area, the analysis area is the larger of either the study areas, as defined in OAR 345-001-0010 (Definitions)(59), or the analysis areas described in the project order for the application for site certificate, unless otherwise approved in writing by the Department following a pre-amendment conference.

(4)

The certificate holder may incorporate, by specific reference, evidence previously submitted to the Department in the application for site certificate or previous request for amendment, or evidence that is otherwise included in the Department’s record on the facility.

Source: Rule 345-027-0360 — Preliminary Request for Amendment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0360.

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 345-027-0360’s source at or​.us