Current through Register Vol. 63, No. 9, September 1, 2024
(1) A
person wanting to attain a temporary use authorization or ocean renewable
energy facility lease under these rules shall:
(a) Comply with the provisions of OAR
141-140-0040;
(b) Apply in writing
to the Department for either a temporary use authorization or an ocean
renewable energy facility lease using a form provided by the Department;
and
(c) Submit an application
processing fee payable to the Department to cover the administrative costs of
processing the application and issuing the authorization.
(A) The non-refundable application processing
fee for a temporary use authorization is $5,000.
(B) The application processing fee for an
ocean renewable energy lease includes:
(i) A
non-refundable application processing fee of $5,000; and
(ii) $1,000 per megawatt for each megawatt
capacity in excess of five megawatts. A portion of this fee may be refundable
upon written consent between the applicant and the Director.
(C) Considerations for a partial
refund under OAR 141-140-0050(1)(c)(B) may include:
(i) The estimated expenditures accrued by the
Department in processing all phases of the application;
(ii) The reason for the withdrawal of the
application; and
(iii) Any other
foreseeable expenditure that may be associated with the Department's
administration of the proposed action.
(2) Pursuant to Part Five of the
Territorial Sea Plan, an applicant shall include with their application a(n):
(a) Resource and Use Inventory and Effects
Evaluation, and;
(b) Special
Resource and Use Review Standards, and;
(c) Operation Plan, if required.
(3) An applicant shall include
with their application an analysis of, and any relevant supporting documents or
studies, that were used to address the requirements of the Territorial Sea Plan
and other applicable state policies.
(4) Any person holding a temporary use
authorization for a research project or demonstration project is required to
submit a new application and the required application processing fee to the
Department pursuant to the provisions of these rules if they want to:
(a) Apply for a new temporary use
authorization;
(b) Apply for an
ocean renewable energy facility lease to install, construct, operate, maintain
or remove a commercial operation; or
(c) Substantially change the scope of a
research or demonstration project that has been previously authorized by the
Department.
(5) Unless
otherwise allowed by the Director, a fully completed application for:
(a) A temporary use authorization and an
ocean renewable energy facility lease shall be submitted to the Department at
least 180 calendar days prior to the proposed construction and operation of the
ocean renewable energy facility.
(b) A temporary use authorization to test at
NNMREC shall be submitted to the Department at least 150 calendar days prior to
the proposed construction and operation of the ocean renewable energy
facility.
(c) The Department and
the JART shall discuss a proposed timeline for attaining an ocean renewable
energy facility lease with the applicant during the preliminary application
process.
(6) An
applicant wanting to attain a temporary use authorization to test at the NNMREC
is exempt from the provisions of OAR 141-140-0050(2).
Statutory/Other Authority: ORS 273, ORS 274, ORS 183 &
ORS
274.870-879
Statutes/Other Implemented: ORS
274.870-879
