Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purpose of this rule:
(a) "Energy resource" means geothermal, solar
or wind power;
(b) "Small
generating plant" means one or more electric power generating devices that:
(A) Have a combined nominal electric
generating capacity of more than 3 megawatts and a combined average electric
generating capacity of less than 35 megawatts;
(B) Are connected to a common switching
station or are constructed maintained or operated as a contiguous group of
devices; and
(C) Are owned by a
single person or entity or subsidiaries of a single entity;
(c) "Accumulated effects" means
the effects of a proposed small generating plant or proposed expansion to a
small generating plant combined with the effects of all existing small
generating plants using the same energy resource within the energy generation
area. "Accumulated effects" includes the effects of all related or supporting
facilities;
(d) Expansion of a
small generating plant includes any enlargement of the site and any increase in
the small generating plant's nominal electric generating capacity;
(e) Construction of a small generating plant
includes the creation of a small generating plant by constructing one or more
new electric power generating devices or otherwise adding to the nominal
electric generating capacity of one or more existing electric power generating
devices that have a combined nominal electric generating capacity of 3
megawatts or less.
(2)
For the designated energy resource within an energy generation area created
under OAR 345-001-0200:
(a) Except as
described in subsection (b), any person who intends to construct or expand a
small generating plant shall submit a request for exemption to the Department
of Energy, as described in OAR 345-015-0360(6);
(b) If the expansion of a small generating
plant would create an electric power generating plant with an average electric
generating capacity of 35 megawatts or more, a person shall not expand the
small generating plant unless the Council has granted a site certificate or an
amendment to an existing site certificate.
(3) Upon consideration of a request for
exemption described in section (2), if the Council finds that the accumulated
effects have a magnitude similar to a single generating plant with an average
electric generating capacity of 35 megawatts or more, a person shall not
construct or expand the small generating plant as proposed unless the Council
has granted a site certificate or an amendment to an existing site certificate.
In making a finding about accumulated effects, the Council shall consider
factors including, but not limited to, the following:
(a) The nominal electric generating capacity
of the proposed small generating plant or proposed expansion to a small
generating plant;
(b) The location
of the proposed small generating plant or proposed expansion to a small
generating plant relative to existing small generating plants and energy
facilities using the same energy resource;
(c) Significant potential adverse
environmental impacts of the proposed small generating plant or proposed
expansion to a small generating plant, including the impacts of related or
supporting facilities;
(d)
Significant adverse environmental impacts of all existing small generating
plants using the same energy resource within the energy generation area,
including the impacts of all related or supporting facilities;
(e) The contribution of the proposed small
generating plant or proposed expansion to a small generating plant toward
maintaining reliable energy delivery to an area in the state; and
(f) Significant public benefits of the
proposed small generating plant or proposed expansion to a small generating
plant.
Statutory/Other Authority: ORS
469.470
Statutes/Other Implemented: ORS
469.320
