Energy

ORS 469.310
Policy

In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of this state. It is, therefore, the purpose of 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) to exercise the jurisdiction of the State of Oregon to the maximum extent permitted by the United States Constitution and to establish in cooperation with the federal government a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state. It is furthermore the policy of this state, notwithstanding ORS 469.010 (Policy) (2)(f) and the definition of cost-effective in ORS 469.020 (Definitions), that the need for new generating facilities, as defined in ORS 469.503 (Requirements for approval of energy facility site certificate), is sufficiently addressed by reliance on competition in the market rather than by consideration of cost-effectiveness and shall not be a matter requiring determination by the Energy Facility Siting Council in the siting of a generating facility, as defined in ORS 469.503 (Requirements for approval of energy facility site certificate). [Formerly 453.315; 1997 c.428 §1; 2003 c.186 §29]

Atty. Gen. Opinions

Exclusive jurisdiction of Federal Power Commission over federal "reserved" lands, (1977) Vol 38, p 1034

§§ 469.300 to 469.570

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)

Source

Last accessed
Jun. 26, 2021

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