OAR 345-027-0380
Type C Review Process for Pre-Operational Requests for Amendment


(1)

A certificate holder may only request the type C review for a request for amendment when the change proposed in the request for amendment relates to the facility, or portion/phase of the facility, not yet in operation, but approved for construction in the site certificate or amended site certificate. A certificate holder may not request type C review of a request for amendment proposing to extend construction deadlines.

(2)

Requests under section (1) of this rule must be submitted in writing to the Department and must include:

(a)

A complete request for amendment, including the information described in OAR 345-027-0360 (Preliminary Request for Amendment)(1);

(b)

The reasons why the certificate holder needs type C review of its request for amendment;

(c)

An explanation of why the proposed change could not have been reasonably foreseen by the certificate holder;

(d)

An explanation of why the proposed change is unavoidable; and

(e)

Reasons why the type C review is adequate to prevent significant adverse impacts to the resources and interests protected by applicable laws or Council standards.

(3)

Upon receiving a request under sections (1) and (2) of this rule, the Department must post the request and the request for amendment on the Department’s website.

(4)

Within 3 business days after receiving a request under sections (1) and (2) of this rule, the Department must issue a written determination either granting or denying type C review. Upon issuance, the Department must post the written determination on its website.

(5)

If the Department denies type C review, the certificate holder may request the Department’s determination to be referred to the Council. If requested, the Department must refer its determination to the Council for concurrence, modification or rejection. Upon a Department determination being referred to the Council, the Council chair must convene a Council meeting as promptly as possible as described in OAR 345-011-0015 (Meetings).

(6)

To grant a request under section (1) of this rule, the Department or the Council must find:

(a)

Construction of the certificated energy facility, or portion of the certificated energy facility, has not been deemed complete;

(b)

The request for amendment is complete;

(c)

Type C review is necessary;

(d)

The proposed change could not have been reasonably foreseen by the certificate holder;

(e)

The proposed change is unavoidable; and

(f)

Type C review is adequate to prevent significant adverse impacts to the resources and interests protected by applicable laws or Council standards.

(7)

Within 7 days after a request under section (1) of this rule is granted, the Department must:

(a)

Issue a draft temporary order approving or denying the request for amendment, including a recommendation to the Council on whether Council review should be completed through the type A or type B review process; and

(b)

Post the draft temporary order on the Department’s website.

(8)

The Council must, at its first meeting following the Department’s issuance of a draft temporary order, consider the draft temporary order and consider whether review should be completed though the type A or type B review process. Upon issuance of a draft temporary order, the Council chair may call a special Council meeting, as described in OAR 345-011-0015 (Meetings), to be held as promptly as possible.

(9)

After considering the draft temporary order and the Department’s recommendation on whether review should be completed through the type A or type B review process, the Council must adopt, modify, or reject the draft temporary order based on the considerations described in OAR 345-027-0375 (Scope of Council’s Review), and the Council must decide whether review should be completed through the type A or type B review process. In a written temporary order, the Council must either temporarily grant issuance of an amended site certificate, or deny issuance of an amended site certificate.

(10)

Before implementing any change approved by the Council’s temporary order, the certificate holder must submit an authorized acknowledgement that the certificate holder accepts all terms and conditions of the temporary order.

(11)

If review is to be completed through the type A review process, review proceeds as described in OAR 345-027-0367 (Public Comment and Hearing on the Draft Proposed Order for Requests for Amendment Under Type A Review), 345-027-0371 (Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review), and 345-027-0375 (Scope of Council’s Review), where the temporary order replaces all references to the draft proposed order.

(12)

If review is to be completed through the type B review process, review proceeds as described in OAR 345-027-0368 (Public Written Comment on the Draft Proposed Order for Requests for Amendment Under Type B Review), 345-027-0372 (Proposed Order and Council’s Final Decision on Requests for Amendment Under Type B Review), and 345-027-0375 (Scope of Council’s Review), where the temporary order replaces all references to the draft proposed order.

(13)

Action taken by the certificate holder under the authority of the temporary order that is inconsistent with the language and conditions of the final order is not a violation so long as the inconsistency is remedied by the certificate holder as specified by the Council in the final order.

Source: Rule 345-027-0380 — Type C Review Process for Pre-Operational Requests for Amendment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0380.

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 345-027-0380’s source at or​.us