ORS 469.300
Definitions


As used 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), unless the context requires otherwise:

(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)

Intentionally left blank —Ed.

(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:
(i)
Thermal power;
(ii)
Combustion turbine power plant; or
(iii)
Solar thermal power plant.

(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
(iii)
Associated transmission lines.

(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
(iii)
1,920 acres located on any other land.

(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
(iii)
At least 16 inches in diameter and five or more miles in length used to carry a geothermal energy form in a gaseous state but excluding a pipeline used to distribute heat within a geothermal heating district established under ORS chapter 523.

(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
(iii)
An underground gas storage reservoir into which gas is injected solely for testing or reservoir maintenance purposes or to facilitate the secondary recovery of oil or other hydrocarbons.

(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)

Intentionally left blank —Ed.

(a)

“Radioactive waste” includes 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).

(b)

“Radioactive waste” does not include:

(A)

Materials identified by the council by rule as presenting no significant danger to the public health and safety.

(B)

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).

(30)

“Utility” includes:

(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; 2021 c.38 §1]

Source: Section 469.300 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors469.­html.

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)

469.010
Policy
469.020
Definitions
469.030
State Department of Energy
469.040
Director
469.050
Limitations on subsequent employment of director
469.055
Authority of department to require fingerprints
469.059
Biennial comprehensive report
469.080
Energy resource information
469.085
Procedure for imposing civil penalties
469.090
Confidentiality of information submitted under ORS 469.080
469.097
Duty to monitor industry progress in energy conservation
469.100
Agency consideration of legislative policy
469.110
Dealings with federal government
469.120
State Department of Energy Account
469.135
Energy Conservation Clearinghouse for Commerce and Industry
469.137
Biogas and renewable natural gas inventory
469.150
Energy suppliers to provide conservation services and information
469.155
Advisory energy conservation standards for dwellings
469.229
Definitions for ORS 469.229 to 469.261
469.233
Energy efficiency standards
469.238
Sale of products not meeting standards prohibited
469.239
Installation of products not meeting standards prohibited
469.255
Manufacturers to test products
469.261
Department to review standards
469.300
Definitions
469.310
Policy
469.320
Site certificate required
469.330
Notice of intent to file application for site certificate
469.350
Application for site certificate
469.360
Evaluation of notice of intent, site application or expedited review request
469.370
Draft proposed order for hearing
469.373
Expedited processing for certain natural gas energy facilities
469.375
Required findings for radioactive waste disposal facility certificate
469.378
Land use compatibility statement for energy facility
469.401
Energy facility site certificate
469.402
Delegation of review of future action required by site certificate
469.403
Rehearing on approval or rejection of application for site certificate or amendment
469.405
Amendment of site certificate
469.407
Amendment of application to increase capacity of facility
469.409
Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard
469.410
Energy facility site certificate applications filed or under construction prior to July 2, 1975
469.413
Power generation from fossil fuels
469.421
Fees
469.424
Energy resource suppliers
469.426
Advisory group
469.430
Site inspections
469.440
Grounds for revocation or suspension of certificates
469.441
Justification of fees charged
469.442
Procedure prior to construction of transmission line in excess of 230,000 volts
469.450
Energy Facility Siting Council
469.460
Officers
469.470
Powers and duties
469.480
Local government advisory group
469.490
Adoption of rules
469.501
Energy facility siting, construction, operation and retirement standards
469.503
Requirements for approval of energy facility site certificate
469.504
Facility compliance with statewide planning goals
469.505
Consultation with other agencies
469.507
Monitoring environmental and ecological effects of construction and operation of energy facilities
469.520
Cooperation of state governmental bodies
469.525
Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities
469.530
Review and approval of security programs
469.533
State Department of Energy rules for health protection and evacuation procedures in nuclear emergency
469.534
County procedures
469.535
Governor may assume control of emergency operations during nuclear accident or catastrophe
469.536
Public utility to disseminate information under ORS 469.533
469.540
Reductions or curtailment of operations for violation of safety standards
469.550
Order for halt of plant operations or activities with radioactive material
469.553
Active uranium mill or mill tailings disposal facility site certification required
469.556
Rules governing uranium-related activities
469.559
Cooperative agreements authorized between council and federal officials and agencies
469.560
Records
469.561
Property insurance required
469.562
Eligible insurers
469.563
Court orders for enforcement
469.564
Records or information for enforcement
469.566
Legislative findings
469.568
Construction of ORS 469.566 to 469.583
469.569
Definitions for ORS 469.566 to 469.583
469.571
Oregon Hanford Cleanup Board
469.572
Compensation of board members
469.573
Purpose of Oregon Hanford Cleanup Board
469.574
Duties of Oregon Hanford Cleanup Board
469.575
Duties of chairperson of Oregon Hanford Cleanup Board
469.576
Review of Hanford as site selected for long-term disposal of high-level radioactive waste
469.577
Lead agency
469.578
Oregon Hanford Cleanup Board to implement agreements with federal agencies
469.579
Authority to accept moneys
469.581
Advisory and technical committees
469.582
Cooperation with Oregon Hanford Cleanup Board
469.583
Rules
469.584
Findings
469.585
Activities of state related to selection of high-level radioactive waste disposal site
469.586
Findings
469.587
Position of State of Oregon related to operation of Hanford Nuclear Reservation
469.590
Definitions for ORS 469.590 to 469.595
469.593
Findings
469.594
Storage of high-level radioactive waste after expiration of license prohibited
469.595
Condition to site certificate for nuclear-fueled thermal power plant
469.597
Election procedure
469.599
Public Utility Commission’s duty
469.601
Effect of ORS 469.595 on applications and applicants
469.603
Intent to regulate transportation of radioactive material
469.605
Permit to transport required
469.606
Determination of best and safest route
469.607
Authority of council
469.609
Annual report to state agencies and local governments on shipment of radioactive wastes
469.611
Emergency preparedness and response program
469.613
Records
469.615
Indemnity for claims against state insurance coverage certification
469.617
Report to legislature
469.619
State Department of Energy to make federal regulations available
469.631
Definitions for ORS 469.631 to 469.645
469.633
Investor-owned utility program
469.634
Contributions for urban and community forest activities by customers of investor-owned utilities
469.635
Alternative program of investor-owned utilities
469.636
Additional financing program by investor-owned utility for rental dwelling
469.637
Energy conservation part of utility service of investor-owned utility
469.639
Billing for energy conservation measures
469.641
Conditions for cash payments to dwelling owner by investor-owned utility
469.643
Formula for customer charges
469.645
Implementation of program by investor-owned utility
469.649
Definitions for ORS 469.649 to 469.659
469.651
Publicly owned utility program
469.652
Contributions for urban and community forest activities by customers of publicly owned utilities
469.653
Alternative program of publicly owned utility
469.655
Energy conservation as part of utility service of publicly owned utility
469.657
Conditions for cash payments to dwelling owner by publicly owned utility
469.659
Implementation of program by publicly owned utility
469.685
Use of earlier energy audit
469.687
Title for ORS 456.594 to 456.599 and 469.631 to 469.687
469.700
Energy efficiency ratings
469.703
Home energy performance score system
469.710
Definitions for ORS 469.710 to 469.720
469.715
Low interest loans for cost-effective energy conservation
469.717
When installation to be completed
469.719
Eligibility of lender for tax credit not affected by owner’s failure
469.720
Energy audit required
469.730
Declaration of purpose
469.735
Definitions for ORS 469.730 to 469.745
469.740
Rules establishing energy conservation standards for public buildings
469.745
Voluntary compliance program
469.750
State purchase of alternative fuels
469.752
Definitions for ORS 469.752 to 469.756
469.754
Authority of state agencies to establish projects
469.756
Rules
469.802
Definition for ORS 469.802 to 469.845
469.803
Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council
469.805
State members of council
469.810
Conflicts of interest prohibited
469.815
Status of members
469.820
Term
469.825
Prohibited activities of members
469.830
Removal of members
469.835
Salary of members
469.840
Northwest Regional Power and Conservation Account
469.845
Annual report to Governor and legislature
469.860
Definitions for ORS 469.860 to 469.900
469.863
Gas utility to adopt commercial energy audit program
469.865
Electric utility to adopt commercial energy conservation services program
469.870
Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility
469.875
Fee for gas utility audit
469.880
Energy audit program
469.885
Publicly owned utility to adopt commercial energy audit program
469.890
Publicly owned utility to adopt commercial energy conservation program
469.895
Application of ORS 469.890 to 469.900 to publicly owned utility
469.900
Duty of commission to avoid conflict with federal requirements
469.930
Northwest Interstate Compact on Low-Level Radioactive Waste Management
469.950
Authority to enter into interstate cooperative agreements to control power costs and rates
469.990
Penalties
469.992
Civil penalties
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