OAR 345-027-0375
Scope of Council’s Review

(1)

In making a decision to grant or deny issuance of an amended site certificate, the Council must apply the applicable laws and Council standards required under section (2) of this rule and in effect on the dates described in section (3) of this rule.

(2)

To issue an amended site certificate, the Council must determine that the preponderance of evidence on the record supports the following conclusions:

(a)

For a request for amendment proposing to add new area to the site boundary, the portion of the facility within the area added to the site by the amendment complies with all laws and Council standards applicable to an original site certificate application;

(b)

For a request for amendment to extend the deadlines for beginning or completing construction, after considering any changes in facts or law since the date the current site certificate was executed, the facility complies with all laws and Council standards applicable to an original site certificate application. However, for requests to extend completion deadlines, the Council need not find compliance with an applicable law or Council standard if the Council finds that:

(A)

The certificate holder has spent more than 50 percent of the budgeted costs on construction of the facility;

(B)

The inability of the certificate holder to complete the construction of the facility by the deadline in effect before the amendment is the result of unforeseen circumstances that are outside the control of the certificate holder;

(C)

The standard, if applied, would result in an unreasonable financial burden on the certificate holder; and

(D)

The Council does not need to apply the standard to avoid a significant threat to the public health, safety or the environment;

(c)

For any other requests for amendment not described above, the facility, with the proposed change, complies with the applicable laws or Council standards that protect a resource or interest that could be affected by the proposed change; and

(d)

For all requests for amendment, the amount of the bond or letter of credit required under OAR 345-022-0050 (Retirement and Financial Assurance) is adequate.

(3)

In making findings under section (1) of this rule, the Council must apply the applicable laws and Council standards in effect on the following dates:

(a)

For the applicable substantive criteria under the Council’s land use standard, as described in OAR 345-022-0030 (Land Use), the date the request for amendment was submitted; and

(b)

For all other applicable laws and Council standards, the date the Council issues its final order on the request for amendment.

Source: Rule 345-027-0375 — Scope of Council's Review, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0375.

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 345-027-0375’s source at or​.us