(1)“Applicant” means any person who makes application for a site certificate in the manner provided in ORS 469.300 (Definitions) to 469.563 (Court orders for enforcement), 469.590 (Definitions for ORS 469.590 to 469.595) to 469.619 (State Department of Energy to make federal regulations available), 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management) and 469.992 (Civil penalties).
(2)“Application” means a request for approval of a particular site or sites for the construction and operation of an energy facility or the construction and operation of an additional energy facility upon a site for which a certificate has already been issued, filed in accordance with the procedures established pursuant to ORS 469.300 (Definitions) to 469.563 (Court orders for enforcement), 469.590 (Definitions for ORS 469.590 to 469.595) to 469.619 (State Department of Energy to make federal regulations available), 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management) and 469.992 (Civil penalties).
(3)“Associated transmission lines” means new transmission lines constructed to connect an energy facility to the first point of junction of such transmission line or lines with either a power distribution system or an interconnected primary transmission system or both or to the Northwest Power Grid.
(4)“Average electric generating capacity” means the peak generating capacity of the facility divided by one of the following factors:
(a)For wind facilities, 3.00;
(b)For geothermal energy facilities, 1.11; or
(c)For all other energy facilities, 1.00.
(5)“Combustion turbine power plant” means a thermal power plant consisting of one or more fuel-fired combustion turbines and any associated waste heat combined cycle generators.
(6)“Construction” means work performed on a site, excluding surveying, exploration or other activities to define or characterize the site, the cost of which exceeds $250,000.
(7)“Council” means the Energy Facility Siting Council established under ORS 469.450 (Energy Facility Siting Council).
(8)“Department” means the State Department of Energy created under ORS 469.030 (State Department of Energy).
(9)“Director” means the Director of the State Department of Energy appointed under ORS 469.040 (Director).
(10)“Electric utility” means persons, regulated electrical companies, people’s utility districts, joint operating agencies, electric cooperatives, municipalities or any combination thereof, engaged in or authorized to engage in the business of generating, supplying, transmitting or distributing electric energy.
(11)(a) “Energy facility” means any of the following:
(A)An electric power generating plant with a nominal electric generating capacity of 25 megawatts or more, including but not limited to:
(ii)Combustion turbine power plant; or
(B)A nuclear installation as defined in this section.
(C)A high voltage transmission line of more than 10 miles in length with a capacity of 230,000 volts or more to be constructed in more than one city or county in this state, but excluding:
(i)Lines proposed for construction entirely within 500 feet of an existing corridor occupied by high voltage transmission lines with a capacity of 230,000 volts or more;
(ii)Lines of 57,000 volts or more that are rebuilt and upgraded to 230,000 volts along the same right of way; and
(D)A solar photovoltaic power generation facility using more than:
(i)160 acres located on high-value farmland as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336);
(ii)1,280 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or
(E)A pipeline that is:
(i)At least six inches in diameter, and five or more miles in length, used for the transportation of crude petroleum or a derivative thereof, liquefied natural gas, a geothermal energy form in a liquid state or other fossil energy resource, excluding a pipeline conveying natural or synthetic gas;
(ii)At least 16 inches in diameter, and five or more miles in length, used for the transportation of natural or synthetic gas, but excluding:
(I)A pipeline proposed for construction of which less than five miles of the pipeline is more than 50 feet from a public road, as defined in ORS 368.001 (Definitions); or
(II)A parallel or upgraded pipeline up to 24 inches in diameter that is constructed within the same right of way as an existing 16-inch or larger pipeline that has a site certificate, if all studies and necessary mitigation conducted for the existing site certificate meet or are updated to meet current site certificate standards; or
(F)A synthetic fuel plant which converts a natural resource including, but not limited to, coal or oil to a gas, liquid or solid product intended to be used as a fuel and capable of being burned to produce the equivalent of two billion Btu of heat a day.
(G)A plant which converts biomass to a gas, liquid or solid product, or combination of such products, intended to be used as a fuel and if any one of such products is capable of being burned to produce the equivalent of six billion Btu of heat a day.
(H)A storage facility for liquefied natural gas constructed after September 29, 1991, that is designed to hold at least 70,000 gallons.
(I)A surface facility related to an underground gas storage reservoir that, at design injection or withdrawal rates, will receive or deliver more than 50 million cubic feet of natural or synthetic gas per day, or require more than 4,000 horsepower of natural gas compression to operate, but excluding:
(i)The underground storage reservoir;
(ii)The injection, withdrawal or monitoring wells and individual wellhead equipment; and
(J)An electric power generating plant with an average electric generating capacity of 50 megawatts or more if the power is produced from geothermal or wind energy at a single energy facility or within a single energy generation area.
(b)“Energy facility” does not include a hydroelectric facility or an energy facility under paragraph (a)(A)(iii) or (D) of this subsection that is established on the site of a decommissioned United States Air Force facility that has adequate transmission capacity to serve the energy facility.
(12)“Energy generation area” means an area within which the effects of two or more small generating plants may accumulate so the small generating plants have effects of a magnitude similar to a single generating plant of 35 megawatts average electric generating capacity or more. An “energy generation area” for facilities using a geothermal resource and covered by a unit agreement, as provided in ORS 522.405 (Unitization) to 522.545 (Rulemaking authority) or by federal law, shall be defined in that unit agreement. If no such unit agreement exists, an energy generation area for facilities using a geothermal resource shall be the area that is within two miles, measured from the electrical generating equipment of the facility, of an existing or proposed geothermal electric power generating plant, not including the site of any other such plant not owned or controlled by the same person.
(13)“Extraordinary nuclear occurrence” means any event causing a discharge or dispersal of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605 (Definitions for ORS 453.605 to 453.800), from its intended place of confinement off-site, or causing radiation levels off-site, that the United States Nuclear Regulatory Commission or its successor determines to be substantial and to have resulted in or to be likely to result in substantial damages to persons or property off-site.
(14)“Facility” means an energy facility together with any related or supporting facilities.
(15)“Geothermal reservoir” means an aquifer or aquifers containing a common geothermal fluid.
(16)“Local government” means a city or county.
(17)“Nominal electric generating capacity” means the maximum net electric power output of an energy facility based on the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate.
(18)“Nuclear incident” means any occurrence, including an extraordinary nuclear occurrence, that results in bodily injury, sickness, disease, death, loss of or damage to property or loss of use of property due to the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605 (Definitions for ORS 453.605 to 453.800).
(19)“Nuclear installation” means any power reactor, nuclear fuel fabrication plant, nuclear fuel reprocessing plant, waste disposal facility for radioactive waste, and any facility handling that quantity of fissionable materials sufficient to form a critical mass. “Nuclear installation” does not include any such facilities that are part of a thermal power plant.
(20)“Nuclear power plant” means an electrical or any other facility using nuclear energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines.
(21)“Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.
(22)“Project order” means the order, including any amendments, issued by the State Department of Energy under ORS 469.330 (Notice of intent to file application for site certificate).
(23)(a) “Radioactive waste” means all material which is discarded, unwanted or has no present lawful economic use, and contains mined or refined naturally occurring isotopes, accelerator produced isotopes and by-product material, source material or special nuclear material as those terms are defined in ORS 453.605 (Definitions for ORS 453.605 to 453.800). The term does not include those radioactive materials identified in OAR 345-50-020, 345-50-025 and 345-50-035, adopted by the council on December 12, 1978, and revised periodically for the purpose of adding additional isotopes which are not referred to in OAR 345-50 as presenting no significant danger to the public health and safety.
(b)Notwithstanding paragraph (a) of this subsection, “radioactive waste” does not include uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials as those terms are defined in Title 42, United States Code, section 2014, on June 25, 1979.
(24)“Related or supporting facilities” means any structure, proposed by the applicant, to be constructed or substantially modified in connection with the construction of an energy facility, including associated transmission lines, reservoirs, storage facilities, intake structures, road and rail access, pipelines, barge basins, office or public buildings, and commercial and industrial structures. “Related or supporting facilities” does not include geothermal or underground gas storage reservoirs, production, injection or monitoring wells or wellhead equipment or pumps.
(25)“Site” means any proposed location of an energy facility and related or supporting facilities.
(26)“Site certificate” means the binding agreement between the State of Oregon and the applicant, authorizing the applicant to construct and operate a facility on an approved site, incorporating all conditions imposed by the council on the applicant.
(27)“Thermal power plant” means an electrical facility using any source of thermal energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines, including but not limited to a nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but not including a portable power plant the principal use of which is to supply power in emergencies. “Thermal power plant” includes a nuclear-fueled thermal power plant that has ceased to operate.
(28)“Transportation” means the transport within the borders of the State of Oregon of radioactive material destined for or derived from any location.
(29)“Underground gas storage reservoir” means any subsurface sand, strata, formation, aquifer, cavern or void, whether natural or artificially created, suitable for the injection, storage and withdrawal of natural gas or other gaseous substances. “Underground gas storage reservoir” includes a pool as defined in ORS 520.005 (Definitions).
(a)A person, a regulated electrical company, a people’s utility district, a joint operating agency, an electric cooperative, municipality or any combination thereof, engaged in or authorized to engage in the business of generating, transmitting or distributing electric energy;
(b)A person or public agency generating electric energy from an energy facility for its own consumption; and
(c)A person engaged in this state in the transmission or distribution of natural or synthetic gas.
(31)“Waste disposal facility” means a geographical site in or upon which radioactive waste is held or placed but does not include a site at which radioactive waste used or generated pursuant to a license granted under ORS 453.635 (State Radiation Control Agency) is stored temporarily, a site of a thermal power plant used for the temporary storage of radioactive waste from that plant for which a site certificate has been issued pursuant to this chapter or a site used for temporary storage of radioactive waste from a reactor operated by a college, university or graduate center for research purposes and not connected to the Northwest Power Grid. As used in this subsection, “temporary storage” includes storage of radioactive waste on the site of a nuclear-fueled thermal power plant for which a site certificate has been issued until a permanent storage site is available by the federal government. [Formerly 453.305; 1977 c.796 §1; 1979 c.283 §1; 1981 c.587 §1; 1981 c.629 §2; 1981 c.707 §1; 1981 c.866 §1; 1991 c.480 §4; 1993 c.544 §3; 1993 c.569 §3; 1995 c.505 §6; 1995 c.551 §10; 1997 c.606 §1; 1999 c.365 §5; 2001 c.134 §2; 2001 c.683 §6; 2003 c.186 §28; 2013 c.320 §1; 2019 c.650 §1]
Notes of Decisions
"Related or supporting facilities," as used in this section, did not include all land owned by applicant for energy facility site certificate at applicant's plant site. Teledyne Wah Chang v. Energy Fac. Siting Council, 298 Or 240, 692 P2d 86 (1984)
Energy Facility Siting Council has option to interpret definition of radioactive waste either through interpretive order or by rulemaking. Forelaws on Board v. Energy Facility Siting Council, 306 Or 205, 760 P2d 212 (1988)
"Application" definitional reference to approval of particular site or sites refers only to initial site certificate applications and not to modifications at existing facility sites. Emerald PUD v. Energy Facility Siting Council, 321 Or 562, 902 P2d 1134 (1995)
Notes of Decisions
The Energy Facility Siting Council failed to adopt sufficient standards concerning financial ability, qualifications to construct and operate, and power needs. Marbet v. Portland General Electric, 277 Or 447, 561 P2d 154 (1977)
Atty. Gen. Opinions
Permits, licenses and certificate requirements for "executed site certificate," (1974) Vol 37, p 103; appointment and reappointment of Council members, (1979) Vol 39, p 619
Law Review Citations
13 WLJ 499 (1977); 57 OLR 334 (1978)