Current through Register Vol. 63, No. 9, September 1, 2024
(1) To determine that a proposed solar
photovoltaic power generation project is an expansion of an existing or
proposed solar photovoltaic power generation facility as described under OAR
345-001-0010(56)(b), the Council must find that the preponderance of the
evidence on the record of a declaratory ruling issued under this rule, or other
proceeding before the council, supports such a conclusion. In making findings
under this section, the Council may consider factors including, but not limited
to:
(a) The permitting or operational status
of the existing or proposed solar photovoltaic power generation
facility;
(b) Whether or not
operational and financing decisions for the proposed project would be made
independently from the existing or proposed solar photovoltaic power generation
facility;
(c) Whether or not the
output of the proposed project and the proposed or existing solar photovoltaic
power generation facility would be sold under separate power purchase
agreements; and
(d) Whether or not
the output of the project and the proposed or existing solar photovoltaic power
generation facility would be transmitted under separate interconnection
agreements.
(2) Any
person, including the Department, may petition the Council to issue a
declaratory ruling with respect to the applicability of ORS
469.300(11)(a)(D)
and section (1) of this rule to a proposed solar photovoltaic power generation
project. The Council will review such a petition under the procedures described
in OAR 137-002-0010 to 137-002-0060, subject to the following:
(a) A petition under this rule must be
submitted to the Department in writing and must include all information
required under OAR 137-002-0010, including:
(A) The name of the developer or owner of the
proposed solar photovoltaic power generation project;
(B) A specific request for findings that a
proposed solar photovoltaic power generation project is either:
(i) An expansion or modification of a
proposed or existing solar photovoltaic power generation facility; or
(ii) A separate and independent solar
photovoltaic power generation facility;
(C) A detailed statement of facts relevant to
the factors described under section (1) of this rule, including sufficient
facts to show the petitioner's interest in the outcome of the requested
declaratory ruling; and
(D) The
name and address of petitioner and of any other person known by petitioner to
be interested in the requested declaratory ruling.
(b) Within seven days after a petition is
filed under this section, the Department will post an announcement of the
petition to the Department's website.
(c) If the Council decides to issue a ruling,
the petitioner, the owner or developer of the proposed solar photovoltaic power
generation project, and the Department will be parties to the proceeding. Other
persons may petition the Council for permission to participate in the
proceedings as described in OAR 137-002-0025; and
(d) The Council will not issue a ruling on
the petition if the owner or developer of the solar photovoltaic power
generation project indicates that it intends to submit a notice of intent to
file an application for a site certificate for a facility containing the
proposed solar photovoltaic power generation project within 60 days after the
petition is filed with the agency. If the NOI is not submitted by the date
indicated, the Council will immediately serve notice on the parties under OAR
137-002-0020.
(3) The
Council will not make a ruling on the applicability of ORS
469.300(11)(a)(D)
or section (1) of this rule to any solar photovoltaic power generation facility
with a land use permit approved by a local government on or before the
effective date of this rule unless a solar photovoltaic power generation
project is proposed on lands within one mile of the solar photovoltaic power
generation facility.
(4) The
developer or owner of a solar photovoltaic power generation facility is not
subject to fees under ORS
469.421(1)
for the expenses incurred by the Council and Department related to proceedings
under section (2) of this rule.
Statutory/Other Authority: ORS
469.470
Statutes/Other Implemented: ORS
469.300
