OAR 345-027-0400
Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder


(1)

For the purpose of this rule:

(a)

A request for amendment to a site certificate to transfer the site certificate is required for a transaction that results in a change in the ownership, possession or control of the facility or the certificate holder.

(b)

“New owner” means the person or entity that will gain ownership, possession or control of the facility or the certificate holder.

(2)

When the certificate holder has knowledge that a transaction that requires a transfer of the site certificate as described in section (1)(a) of this rule is or may be pending, the certificate holder must notify the Department. In the notice, the certificate holder must include the name and contact information of the new owner, and the date of the transfer of ownership. If possible, the certificate holder must notify the Department at least 60 days before the date of the transfer of ownership.

(3)

A transaction that would require a transfer of the site certificate as described in subsection (1)(a) of this rule does not terminate the transferor’s duties and obligations under the site certificate until the Council approves a request for amendment to transfer the site certificate and issues an amended site certificate. The new owner may not construct or operate the facility until an amended site certificate as described in section (10) of this rule or a temporary amended site certificate as described in section (11) of this rule becomes effective.

(4)

To request an amendment to transfer the site certificate, the new owner must submit a written request to the Department that includes the information described in OAR 345-021-0010 (Contents of an Application)(1)(a), (d), (f) and (m), a certification that the new owner agrees to abide by all terms and conditions of the site certificate currently in effect and, if known, the expected date of the transaction. If applicable, the new owner must include in the request the information described in OAR 345-021-0010 (Contents of an Application)(1)(y)(O)(iv).

(5)

The Department may require the new owner to submit a written statement from the current certificate holder, or a certified copy of an order or judgment of a court of competent jurisdiction, verifying the new owner’s right, subject to the provisions of ORS Chapter 469 (Energy) and the rules of this chapter, to possession or control of the site or the facility.

(6)

Within 15 days after receiving a request for amendment to transfer the site certificate, the Department must send a notice of the request that describes the request for amendment to transfer the site certificate, specifies a date by which comments are due, and states that the date of the Council’s transfer hearing will be announced on the Department’s website, 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 list established for the facility;

(c)

The reviewing agencies for the facility, as defined in OAR 345-001-0010 (Definitions)(52); and

(d)

The property owners on the updated list submitted under section (4) of this rule.

(7)

Before acting on the request for amendment to transfer the site certificate, the Council must hold a transfer hearing. The Council must hold the transfer hearing during a Council meeting and must provide notice of the hearing on its meeting agenda, which will be sent by mail or email to the Council’s general mailing list in advance of the meeting. The transfer hearing is not a contested case hearing. During the hearing the Council will accept comments from the public, reviewing agencies and new owner regarding the new owner’s compliance with the Council standards described in subsection (8)(a) of this rule.

(8)

At the conclusion of the transfer hearing or at a later meeting, the Council may issue an order approving the request for amendment to transfer the site certificate if the Council finds that:

(a)

The new owner complies with the Council standards described in OAR 345-022-0010 (Organizational Expertise), 345-022-0050 (Retirement and Financial Assurance) and, if applicable, OAR 345-024-0710 (Monetary Path Payment Requirement)(1); and

(b)

The new owner is or will be lawfully entitled to possession or control of the site or the facility described in the site certificate.

(9)

Except as described in OAR 345-027-0351 (Review Processes for Requests for Amendment)(5), the Council may not otherwise change the terms and conditions of the site certificate in an order approving the request for amendment to transfer the site certificate.

(10)

Upon issuing the order described in section (8) of this rule, the Council must issue an amended site certificate that names the new owner as the new certificate holder or as the new owner of the certificate holder. The amended site certificate is effective upon execution by the Council chair and the new owner. The Council must issue the amended site certificate in duplicate counterpart originals and each counterpart, upon signing, will have the same effect.

(11)

If the Council chair determines that special circumstances justify emergency action, the Council chair may, upon a written request from the new owner that includes a showing that the new owner can meet the requirements of section (8) of this rule, issue a temporary amended site certificate that names the new owner as the new certificate holder or as the new owner of the certificate holder. The temporary amended site certificate is effective upon execution by the Council chair and the new owner. The temporary amended site certificate expires when an amended site certificate as described in section (10) of this rule becomes effective or as the Council otherwise orders.

Source: Rule 345-027-0400 — Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0400.

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 345-027-0400’s source at or​.us