ORS 543A.400
Duties of Hydroelectric Application Review Team


(1)

The duties of a Hydroelectric Application Review Team shall be determined on the basis of the operating authority of the project that the team is responsible for reviewing.

(2)

A team responsible for reviewing a state project shall:

(a)

Make an initial determination of whether the state project may proceed under an expedited reauthorization process under ORS 543A.040 (Process determination) and, if so, develop a proposed final order under ORS 543A.040 (Process determination).

(b)

If a state project does not qualify for the expedited process under ORS 543A.040 (Process determination):

(A)

Convene a public scoping meeting under ORS 543A.045 (Public scoping meeting);

(B)

Review the application report and prepare a draft proposed final order under ORS 543A.055 (Hydroelectric Application Review Team review of application);

(C)

Revise the draft proposed final order and submit the proposed final order to the Water Resources Department for further processing as set forth in ORS 543A.120 (Proposed final order) to 543A.300 (Decommissioning); and

(D)

Review protests received and recommended responses to the protests as required under ORS 543A.120 (Proposed final order).

(3)

A team responsible for reviewing a federally licensed project shall:

(a)

Represent the state in any federal proceeding to reauthorize the federal license for the project;

(b)

Participate in the state process in accordance with ORS 543A.085 (Public scoping meeting), 543A.090 (Mid-study status report), 543A.105 (Hydroelectric Application Review Team review of final application), 543A.110 (Water quality certification) and 543A.115 (Final unified state position);

(c)

Recommend a state response to a request for certification for reauthorization of a federally licensed project under ORS 468B.040 (Certification of hydroelectric power project); and

(d)

Develop a state position as required under 16 U.S.C. 803(j).

(4)

The Water Resources Department may also convene a team to:

(a)

Coordinate the activities of all state agencies involved in decommissioning a project.

(b)

Develop a unified state position for a project that is subject to federal relicensing but that operates under a water right that does not expire. The unified state position developed under this paragraph shall include the elements set forth in ORS 543A.105 (Hydroelectric Application Review Team review of final application) except for the reauthorization of the state water right. In developing the unified state position under this paragraph the team shall participate to the fullest extent possible in all proceedings conducted pursuant to the Federal Energy Regulatory Commission relicensing process for the project. [1997 c.449 §32]

Source: Section 543A.400 — Duties of Hydroelectric Application Review Team, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543A.­html.

543A.005
Definitions
543A.010
Findings
543A.015
Purpose
543A.020
Policy
543A.025
Minimum standards for decision on reauthorization of water right
543A.030
Notice of intent
543A.035
Reauthorization application and public comment
543A.040
Process determination
543A.045
Public scoping meeting
543A.050
Application report
543A.055
Hydroelectric Application Review Team review of application
543A.060
Coordination of state and federal reauthorization processes
543A.065
Changes to expiration date of water right for existing project
543A.071
Water Resources Department notification to holder of hydroelectric license or water right for hydroelectric purposes
543A.075
Notice of intent to apply for reauthorization of right to use water for hydroelectric purposes
543A.080
Submission of preliminary application information
543A.085
Public scoping meeting
543A.090
Mid-study status report
543A.095
Draft application
543A.100
Final application for water right
543A.105
Hydroelectric Application Review Team review of final application
543A.110
Water quality certification
543A.115
Final unified state position
543A.120
Proposed final order
543A.125
Approval or rejection of application for reauthorization
543A.130
Contested case hearing
543A.135
Exceptions to final order
543A.140
Terms, limitations and conditions of water right
543A.145
Water right certificate
543A.150
Modification of time limits
543A.300
Decommissioning
543A.305
Conversion of hydroelectric water right to in-stream water right
543A.400
Duties of Hydroelectric Application Review Team
543A.405
Application fees
543A.410
Fee schedule
543A.800
Effect of hydroelectric reauthorization process on existing rights
543A.805
Reference to licensee or license
543A.810
Effect of amendment or repeal of law
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