ORS 469.401
Energy facility site certificate

  • conditions
  • effect of issuance on state and local government agencies

(1)

Upon approval, the site certificate or any amended site certificate with any conditions prescribed by the Energy Facility Siting Council shall be executed by the chairperson of the council and by the applicant. The certificate or amended certificate shall authorize the applicant to construct, operate and retire the facility subject to the conditions set forth in the site certificate or amended site certificate. The duration of the site certificate or amended site certificate shall be the life of the facility.

(2)

The site certificate or amended site certificate shall contain conditions for the protection of the public health and safety, for the time for completion of construction, and to ensure compliance with the standards, statutes and rules described in ORS 469.501 (Energy facility siting, construction, operation and retirement standards) and 469.503 (Requirements for approval of energy facility site certificate). The site certificate or amended site certificate shall require both parties to abide by local ordinances and state law and the rules of the council in effect on the date the site certificate or amended site certificate is executed, except that upon a clear showing of a significant threat to the public health, safety or the environment that requires application of later-adopted laws or rules, the council may require compliance with such later-adopted laws or rules. For a permit addressed in the site certificate or amended site certificate, the site certificate or amended site certificate shall provide for facility compliance with applicable state and federal laws adopted in the future to the extent that such compliance is required under the respective state agency statutes and rules.

(3)

Subject to the conditions set forth in the site certificate or amended site certificate, any certificate or amended certificate signed by the chairperson of the council shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the facility. After issuance of the site certificate or amended site certificate, any affected state agency, county, city and political subdivision shall, upon submission by the applicant of the proper applications and payment of the proper fees, but without hearings or other proceedings, promptly issue the permits, licenses and certificates addressed in the site certificate or amended site certificate, subject only to conditions set forth in the site certificate or amended site certificate. After the site certificate or amended site certificate is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with governing law was considered and determined in the site certificate or amended site certificate proceeding shall be whether the permit is consistent with the terms of the site certificate or amended site certificate. Each state or local government agency that issues a permit, license or certificate shall continue to exercise enforcement authority over the permit, license or certificate.

(4)

Nothing in ORS chapter 469 shall be construed to preempt the jurisdiction of any state agency or local government over matters that are not included in and governed by the site certificate or amended site certificate. Such matters include but are not limited to employee health and safety, building code compliance, wage and hour or other labor regulations, local government fees and charges or other design or operational issues that do not relate to siting the facility. [1993 c.569 §11 (469.401 (Energy facility site certificate) and 469.403 (Rehearing on approval or rejection of application for site certificate or amendment) enacted in lieu of 469.400); 1995 c.505 §12; 1999 c.385 §2]

Source: Section 469.401 — Energy facility site certificate; conditions; effect of issuance on state and local government agencies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors469.­html.

Notes of Decisions

Phrase “local ordinances and state law and rules of the council” includes local ordinances, state laws and council rules that protect public health and safety. Blue Mountain Alliance v. Energy Facility Siting Council, 353 Or 465, 300 P3d 1203 (2013)

Phrase “local ordinances and state law and rules of the council” does not include local ordinances, state laws or council rules that are land use regulations required by statewide planning goals in effect on date application for proposed facility is submitted. Blue Mountain Alliance v. Energy Facility Siting Council, 353 Or 465, 300 P3d 1203 (2013)

Phrase “local ordinances and state law and rules of the council in effect” refers to local ordinances, state laws and council rules that were determined to apply to facility in course of developing project order under ORS 469.330 or that became effective between project order issuance date and site certificate execution date. Blue Mountain Alliance v. Energy Facility Siting Council, 353 Or 465, 300 P3d 1203 (2013)

“[L]ater adopted laws” includes local ordinances. Blue Mountain Alliance v. Energy Facility Siting Council, 353 Or 465, 300 P3d 1203 (2013)

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
Green check means up to date. Up to date

Current through early 2024

§ 469.401’s source at oregon​.gov