Current through Register Vol. 63, No. 9, September 1, 2024
(1) The project order described in OAR
345-015-0160(1) identifies the provisions of this rule applicable to the
application for the proposed facility, including any appropriate modifications
to applicable provisions of this rule. The applicant must include in its
application for a site certificate information that addresses each provision of
this rule identified in the project order. The applicant must designate the
information with the appropriate exhibit label identified in the following
subsections. If the same information is required in each of several exhibits
the applicant may provide the required information in one exhibit and include
appropriate references in the others. For the purpose of submitting an
application for a site certificate in an expedited review granted under OAR
345-015-0300 or 345-015-0310, the applicant must include information that
addresses all provisions of this rule. In such expedited reviews, analysis
areas addressed in this rule are the study areas defined in OAR 345-001-0010,
subject to later modification in the project order.
(a)
Exhibit A. Information about
the applicant and participating persons, including:
(A) The name and address of the applicant
including all co-owners of the proposed facility, the name, mailing address,
email address and telephone number of the contact person for the application,
and if there is a contact person other than the applicant, the name, title,
mailing address, email address and telephone number of that person;
(B) The contact name, mailing address, email
address and telephone number of all participating persons, other than
individuals, including but not limited to any parent corporation of the
applicant, persons upon whom the applicant will rely for third-party permits or
approvals related to the facility, and, if known, other persons upon whom the
applicant will rely in meeting any facility standard adopted by the
Council;
(C) If the applicant is a
corporation:
(i) The full name, official
designation, mailing address, email address and telephone number of the officer
responsible for submitting the application;
(ii) The date and place of its
incorporation;
(iii) A copy of its
articles of incorporation and its authorization for submitting the application;
and
(iv) In the case of a
corporation not incorporated in Oregon, the name and address of the resident
attorney-in-fact in this state and proof of registration to do business in
Oregon;
(D) If the
applicant is a wholly owned subsidiary of a company, corporation or other
business entity, in addition to the information required by paragraph (C), the
full name and business address of each of the applicant's full or partial
owners;
(E) If the applicant is an
association of citizens, a joint venture or a partnership:
(i) The full name, official designation,
mailing address, email address and telephone number of the person responsible
for submitting the application;
(ii) The name, business address and telephone
number of each person participating in the association, joint venture or
partnership and the percentage interest held by each;
(iii) Proof of registration to do business in
Oregon;
(iv) A copy of its articles
of association, joint venture agreement or partnership agreement and a list of
its members and their cities of residence; and
(v) If there are no articles of association,
joint venture agreement or partnership agreement, the applicant must state that
fact over the signature of each member;
(F) If the applicant is a public or
governmental entity:
(i) The full name,
official designation, mailing address, email address and telephone number of
the person responsible for submitting the application; and
(ii) Written authorization from the entity's
governing body to submit an application;
(G) If the applicant is an individual, the
individual's mailing address, email address and telephone number; and
(H) If the applicant is a limited liability
company:
(i) The full name, official
designation, mailing address, email address and telephone number of the officer
responsible for submitting the application;
(ii) The date and place of its
formation;
(iii) A copy of its
articles of organization and its authorization for submitting the application;
and
(iv) In the case of a limited
liability company not registered in Oregon, the name and address of the
resident attorney-in-fact in this state and proof of registration to do
business in Oregon.
(b)
Exhibit B. Information about
the proposed facility, construction schedule and temporary disturbances of the
site, including:
(A) A description of the
proposed energy facility, including as applicable:
(i) For electric power generating plants, the
nominal electric generating capacity and the average electrical generating
capacity, as defined in ORS
469.300;
(ii) Major components, structures and
systems, including a description of the size, type and configuration of
equipment used to generate, store, transmit, or transport electricity, useful
thermal energy, or fuels;
(iii) A
site plan and general arrangement of buildings, equipment and
structures;
(iv) Fuel and chemical
storage facilities, including structures and systems for spill
containment;
(v) Equipment and
systems for fire prevention and control;
(vi) For thermal power plants, combustion
turbine power plants, or other facilities designed to generate electricity from
gas, liquid, or solid fuels:
(I) A discussion
of the source, quantity and availability of all fuels proposed to be used in
the facility to generate electricity or useful thermal energy;
(II) If the facility will generate electric
power from natural gas, petroleum, coal or any form of solid, liquid or gaseous
fuel derived from such material, a discussion of methods the facility will use
to ensure that the facility does not emit greenhouse gasses into the
atmosphere, and a description of any equipment the facility will use to
capture, sequester, or store greenhouse gases;
(III) A description of energy flows within
the facility, including power cycle and steam cycle diagrams, as
appropriate;
(IV) A description of
equipment and systems for disposal of waste heat generated by the
facility;
(V) The fuel chargeable
to power heat rate of the energy facility;
(vii) For surface facilities related to
underground gas storage, estimated daily injection and withdrawal rates,
horsepower compression required to operate at design injection or withdrawal
rates, operating pressure range and fuel type of compressors;
(viii) For facilities to store liquefied
natural gas, the volume, maximum pressure, liquefication and gasification
capacity in thousand cubic feet per hour;
(B) A description of major components,
structures and systems of each related or supporting facility;
(C) The approximate dimensions of major
facility structures and visible features;
(D) If the proposed energy facility is a
pipeline or a transmission line or has, as a related or supporting facility, a
transmission line or pipeline that, by itself, is an energy facility under the
definition in ORS 469.300, a corridor selection
assessment explaining how the applicant selected the corridors for analysis in
the application. In the assessment, the applicant must evaluate the corridor
adjustments the Department has described in the project order, if any. The
applicant may select any corridor for analysis in the application and may
select more than one corridor. However, if the applicant selects a new
corridor, then the applicant must explain why the applicant did not present the
new corridor for comment at an informational meeting under OAR 345-015-0130. In
the assessment, the applicant must discuss the reasons for selecting the
corridors, based upon evaluation of the following factors:
(i) Least disturbance to streams, rivers and
wetlands during construction;
(ii)
Least percentage of the total length of the pipeline or transmission line that
would be located within areas of Habitat Category 1, as described by the Oregon
Department of Fish and Wildlife;
(iii) Greatest percentage of the total length
of the pipeline or transmission line that would be located within or adjacent
to public roads and existing pipeline or transmission line
rights-of-way;
(iv) Least
percentage of the total length of the pipeline or transmission line that would
be located within lands that require zone changes, variances or
exceptions;
(v) Least percentage of
the total length of the pipeline or transmission line that would be located in
a protected area as described in OAR 345-022-0040;
(vi) Least disturbance to areas where
historical, cultural or archaeological resources are likely to exist;
(vii) Greatest percentage of the total length
of the pipeline or transmission line that would be located to avoid seismic,
geological and soils hazards;
(viii) Least percentage of the total length
of the pipeline or transmission line that would be located within lands zoned
for exclusive farm use;
(E) If the proposed energy facility is a
pipeline or transmission line or has, as a related or supporting facility, a
transmission line or pipeline of any size:
(i)
The length of the pipeline or transmission line;
(ii) The proposed right-of-way width of the
pipeline or transmission line, including to what extent new right-of-way will
be required or existing right-of-way will be widened;
(iii) If the proposed transmission line or
pipeline corridor follows or includes public right-of-way, a description of
where the transmission line or pipeline would be located within the public
right-of-way, to the extent known. If the applicant proposes to locate all or
part of a transmission line or pipeline adjacent to but not within the public
right-of-way, describe the reasons for locating the transmission line or
pipeline outside the public right-of-way. The applicant must include a set of
clear and objective criteria and a description of the type of evidence that
would support locating the transmission line or pipeline outside the public
right-of-way, based on those criteria;
(iv) For pipelines, the operating pressure
and delivery capacity in thousand cubic feet per day and the diameter and
location, above or below ground, of each pipeline;
(v) For transmission lines, the rated
voltage, load carrying capacity, and type of current and a description of
transmission line structures and their dimensions; and
(F) A construction schedule including the
date by which the applicant proposes to begin construction and the date by
which the applicant proposes to complete construction. Construction is defined
in OAR 345-001-0010. The applicant must describe in this exhibit all work on
the site that the applicant intends to begin before the Council issues a site
certificate. The applicant must include an estimate of the cost of that work.
For the purpose of this exhibit, "work on the site" means any work within a
site or corridor, other than surveying, exploration or other activities to
define or characterize the site or corridor, that the applicant anticipates or
has performed as of the time of submitting the application.
(c)
Exhibit C.
Information about the location of the proposed facility, including:
(A) A map or maps showing the proposed
locations of the energy facility site, all related or supporting facility sites
and all areas that might be temporarily disturbed during construction of the
facility in relation to major roads, water bodies, cities and towns, important
landmarks and topographic features, using a scale of 1 inch = 2000 feet or
smaller when necessary to show detail;
(B) A description of the location of the
proposed energy facility site, the proposed site of each related or supporting
facility and areas of temporary disturbance, including the total land area (in
acres) within the proposed site boundary, the total area of permanent
disturbance, and the total area of temporary disturbance. If a proposed
pipeline or transmission line is to follow an existing road, pipeline or
transmission line, the applicant must state to which side of the existing road,
pipeline or transmission line the proposed facility will run, to the extent
this is known; and
(C) For energy
generation facilities, a map showing the approximate locations of any other
energy generation facilities that are known to the applicant to be permitted at
the state or local level within the study area as defined in OAR 345-001-0010 for impacts to public services;
(d)
Exhibit D. Information about
the organizational expertise of the applicant to construct and operate the
proposed facility, providing evidence to support a finding by the Council as
required by OAR 345-022-0010, including:
(A)
The applicant's previous experience, if any, in constructing and operating
similar facilities;
(B) The
qualifications of the applicant's personnel who will be responsible for
constructing and operating the facility, to the extent that the identities of
such personnel are known when the application is submitted;
(C) The qualifications of any architect,
engineer, major component vendor, or prime contractor upon whom the applicant
will rely in constructing and operating the facility, to the extent that the
identities of such persons are known when the application is
submitted;
(D) The past performance
of the applicant, including but not limited to the number and severity of any
regulatory citations in constructing or operating a facility, type of
equipment, or process similar to the proposed facility;
(E) If the applicant has no previous
experience in constructing or operating similar facilities and has not
identified a prime contractor for construction or operation of the proposed
facility, other evidence that the applicant can successfully construct and
operate the proposed facility. The applicant may include, as evidence, a
warranty that it will, through contracts, secure the necessary
expertise;
(F) If the applicant has
an ISO 9000 or ISO 14000 certified program and proposes to design, construct
and operate the facility according to that program, a description of the
program; and
(G) If the applicant
relies on mitigation to demonstrate compliance with any standards of Division
22 or 24 of this chapter, evidence that the applicant can successfully complete
such proposed mitigation, including past experience with other projects and the
qualifications and experience of personnel upon whom the applicant will rely,
to the extent that the identities of such persons are known at the date of
submittal.
(e)
Exhibit E. Information about permits needed for construction and
operation of the facility, including:
(A)
Identification of all federal, state and local government permits related to
the siting of the proposed facility, a legal citation of the statute, rule or
ordinance governing each permit, and the name, mailing address, email address
and telephone number of the agency or office responsible for each
permit;
(B) A description of each
permit, the reasons the permit is needed for construction or operation of the
facility and the applicant's analysis of whether the permit should or should
not be included in and governed by the site certificate;
(C) For any state or local government agency
permits, licenses or certificates that are proposed to be included in and
governed by the site certificate, evidence to support findings by the Council
that construction and operation of the proposed facility will comply with the
statutes, rules and standards applicable to the permit. The applicant may show
this evidence:
(i) In Exhibit J for permits
related to wetlands; or
(ii) In
Exhibit O for permits related to water rights;
(D) For federally-delegated permit
applications, evidence that the responsible agency has received a permit
application and the estimated date when the responsible agency will complete
its review and issue a permit decision;
(E) If the applicant relies on a state or
local government permit or approval issued to a third party, identification of
any such third-party permit and for each:
(i)
Evidence that the applicant has, or has a reasonable likelihood of entering
into, a contract or other agreement with the third party for access to the
resource or service to be secured by that permit;
(ii) Evidence that the third party has, or
has a reasonable likelihood of obtaining, the necessary permit;
(iii) An assessment of the impact of the
proposed facility on any permits that a third party has obtained and on which
the applicant relies to comply with any applicable Council standard;
(F) If the applicant relies on a
federally-delegated permit issued to a third party, identification of any such
third-party permit and for each:
(i) Evidence
that the applicant has, or has a reasonable likelihood of entering into, a
contract or other agreement with the third party for access to the resource or
service to be secured by that permit;
(ii) Evidence that the responsible agency has
received a permit application;
(iii) The estimated the date when the
responsible agency will complete its review and issue a permit decision;
and
(G) The applicant's
proposed monitoring program, if any, for compliance with permit
conditions.
(f)
Exhibit F. A list of the names and mailing addresses of property
owners, as described in this subsection:
(A)
The list must include all owners of record, as shown on the most recent
property tax assessment roll, of property located:
(i) Within 100 feet of property which is the
subject of the application, where the subject property is wholly or in part
within an urban growth boundary;
(ii) Within 250 feet of the property which is
the subject of the application, where the subject property is outside an urban
growth boundary and not within a farm or forest zone; or
(iii) Within 500 feet of the property which
is the subject of the application, where the property is within a farm or
forest zone;
(B) The
applicant must submit an updated list of property owners as requested by the
Department before the Department issues notice of any public hearing on the
application for a site certificate as described in OAR 345-015-0220;
and
(C) In addition to
incorporating the list in the application, the applicant must submit the list
to the Department in an electronic format approved by the Department.
(g)
Exhibit G. A
materials analysis including:
(A) An inventory
of substantial quantities of industrial materials flowing into and out of the
proposed facility during construction and operation;
(B) The applicant's plans to manage hazardous
substances during construction and operation, including measures to prevent and
contain spills; and
(C) The
applicant's plans to manage non-hazardous waste materials during construction
and operation.
(h)
Exhibit H. Information from reasonably available sources regarding
the geological and soil stability within the analysis area, providing evidence
to support findings by the Council as required by OAR 345-022-0020, including:
(A) A geologic report meeting the Oregon
State Board of Geologist Examiners geologic report guidelines. Current
guidelines must be determined based on consultation with the Oregon Department
of Geology and Mineral Industries, as described in paragraph (B) of this
subsection;
(B) A summary of
consultation with the Oregon Department of Geology and Mineral Industries
regarding the appropriate methodology and scope of the seismic hazards and
geology and soil-related hazards assessments, and the appropriate site-specific
geotechnical work that must be performed before submitting the application for
the Department to determine that the application is complete;
(C) A description and schedule of
site-specific geotechnical work that will be performed before construction for
inclusion in the site certificate as conditions;
(D) For all transmission lines, and for all
pipelines that would carry explosive, flammable or hazardous materials, a
description of locations along the proposed route where the applicant proposes
to perform site specific geotechnical work, including but not limited to
railroad crossings, major road crossings, river crossings, dead ends (for
transmission lines), corners (for transmission lines), and portions of the
proposed route where geologic reconnaissance and other site specific studies
provide evidence of existing landslides, marginally stable slopes or
potentially liquefiable soils that could be made unstable by the planned
construction or experience impacts during the facility's operation;
(E) An assessment of seismic hazards, in
accordance with standard-of-practice methods and best practices, that addresses
all issues relating to the consultation with the Oregon Department of Geology
and Mineral Industries described in paragraph (B) of this subsection, and an
explanation of how the applicant will design, engineer, construct, and operate
the facility to avoid dangers to human safety and the environment from these
seismic hazards. Furthermore, an explanation of how the applicant will design,
engineer, construct and operate the facility to integrate disaster resilience
design to ensure recovery of operations after major disasters. The applicant
must include proposed design and engineering features, applicable construction
codes, and any monitoring and emergency measures for seismic hazards, including
tsunami safety measures if the site is located in the DOGAMI-defined tsunami
evacuation zone; and
(F) An
assessment of geology and soil-related hazards which could, in the absence of a
seismic event, adversely affect or be aggravated by the construction or
operation of the facility, in accordance with standard-of-practice methods and
best practices, that address all issues relating to the consultation with the
Oregon Department of Geology and Mineral Industries described in paragraph (B)
of this subsection. An explanation of how the applicant will design, engineer,
construct and operate the facility to adequately avoid dangers to human safety
and the environment presented by these hazards, as well as:
(i) An explanation of how the applicant will
design, engineer, construct and operate the facility to integrate disaster
resilience design to ensure recovery of operations after major disasters;
and
(ii) An assessment of future
climate conditions for the expected life span of the proposed facility and the
potential impacts of those conditions on the proposed facility.
(i)
Exhibit
I. Information from reasonably available sources regarding soil
conditions and uses in the analysis area, providing evidence to support
findings by the Council as required by OAR 345-022-0022, including:
(A) Identification and description of the
major soil types in the analysis area;
(B) Identification and description of current
land uses in the analysis area, such as growing crops, that require or depend
on productive soils;
(C)
Identification and assessment of significant potential adverse impact to soils
from construction, operation and retirement of the facility, including, but not
limited to, erosion and chemical factors such as salt deposition from cooling
towers, land application of liquid effluent, and chemical spills;
(D) A description of any measures the
applicant proposes to avoid or mitigate adverse impact to soils; and
(E) The applicant's proposed monitoring
program, if any, for adverse impact to soils during construction and
operation.
(j)
Exhibit J. Information based on literature and field study, as
appropriate, about waters of this state, as defined under ORS
196.800, including:
(A) A description of all areas within the
site boundary that might be waters of this state and a map showing the location
of these features;
(B) An analysis
of whether construction or operation of the proposed facility would adversely
affect any waters of this state;
(C) A description of the significance of
potential adverse impacts to each feature identified in (A), including the
nature and amount of material the applicant would remove from or place in the
waters analyzed in (B);
(D) If the
proposed facility would not need a removal-fill authorization, an explanation
of why no such authorization is required for the construction and operation of
the proposed facility;
(E) If the
proposed facility would need a removal-fill authorization, information to
support a determination by the Council that the Oregon Department of State
Lands should issue a removal-fill permit, including information in the form
required by the Department of State Lands under OAR Chapter 141 Division 85;
and
(F) A description of proposed
actions to mitigate adverse impacts to the features identified in (A) and the
applicant's proposed monitoring program, if any, for such impacts.
(k)
Exhibit K.
Information about the proposed facility's compliance with the statewide
planning goals adopted by the Land Conservation and Development Commission,
providing evidence to support a finding by the Council as required by OAR
345-022-0030. The applicant must state whether the applicant elects to address
the Council's land use standard by obtaining local land use approvals under ORS
469.504(1)(a)
or by obtaining a Council determination under ORS
469.504(1)(b).
An applicant may elect different processes for an energy facility and a related
or supporting facility but may not otherwise combine the two processes. Once
the applicant has made an election, the applicant may not amend the application
to make a different election. In this subsection, "affected local government"
means a local government that has land use jurisdiction over any part of the
proposed site of the facility. In the application, the applicant must:
(A) Include a map showing the comprehensive
plan designations and land use zones in the analysis area;
(B) If the applicant elects to obtain local
land use approvals:
(i) Identify the affected
local governments from which land use approvals will be sought;
(ii) Describe the land use approvals required
in order to satisfy the Council's land use standard;
(iii) Describe the status of the applicant's
application for each land use approval;
(iv) Provide an estimate of time for issuance
of local land use approvals;
(C) If the applicant elects to obtain a
Council determination on land use:
(i)
Identify the affected local governments;
(ii) Identify the applicable substantive
criteria from the affected local government's acknowledged comprehensive plan
and land use regulations that are required by the statewide planning goals and
that are in effect on the date the application is submitted and describe how
the proposed facility complies with those criteria;
(iii) Identify all Land Conservation and
Development Commission administrative rules, statewide planning goals and land
use statutes directly applicable to the facility under ORS
197.646(3) and
describe how the proposed facility complies with those rules, goals and
statutes;
(iv) If the proposed
facility might not comply with all applicable substantive criteria, identify
the applicable statewide planning goals and describe how the proposed facility
complies with those goals;
(v) If
the proposed facility might not comply with all applicable substantive criteria
or applicable statewide planning goals, describe why an exception to any
applicable statewide planning goal is justified, providing evidence to support
all findings by the Council required under ORS
469.504(2);
and
(D) If the proposed
facility will be located on federal land:
(i)
Identify the applicable land management plan adopted by the federal agency with
jurisdiction over the federal land;
(ii) Explain any differences between state or
local land use requirements and federal land management requirements;
(iii) Describe how the proposed facility
complies with the applicable federal land management plan;
(iv) Describe any federal land use approvals
required for the proposed facility and the status of application for each
required federal land use approval;
(v) Provide an estimate of time for issuance
of federal land use approvals; and
(vi) If federal law or the land management
plan conflicts with any applicable state or local land use requirements,
explain the differences in the conflicting requirements, state whether the
applicant requests Council waiver of the land use standard described under
paragraph (B) or (C) of this subsection and explain the basis for a waiver.
(l)
Exhibit L. Information about the potential impacts of the proposed
facility on protected areas in the analysis area, providing evidence to support
a finding by the Council as required by OAR 345-022-0040, including:
(A) A list of all protected areas within the
analysis area, identifying:
(i) The distance
and direction of the protected area from the proposed facility;
(ii) The basis for protection, by reference
to a specific subsection of OAR 345-001-0010(26); and
(iii) The name, mailing address, phone
number, and email address of the land management agency or organization with
jurisdiction over the protected area;
(B) A map showing the location of the
proposed facility in relation to the protected areas; and
(C) A description of significant potential
impacts of the proposed facility, if any, on the protected areas including, but
not limited to, potential impacts such as:
(i)
Noise resulting from facility construction or operation;
(ii) Increased traffic resulting from
facility construction or operation;
(iii) Water use during facility construction
or operation;
(iv) Wastewater
disposal resulting from facility construction or operation;
(v) Visual impacts of facility structures or
plumes, including, but not limited to, changes in landscape character or
quality; and
(vi) Visual impacts
from air emissions resulting from facility construction or operation,
including, but not limited to, impacts on Class 1 Areas as described in OAR
340-204-0050.
(m)
Exhibit M. Information about
the applicant's financial capability, providing evidence to support a finding
by the Council as required by OAR 345-022-0050(2). Nothing in this subsection
requires the disclosure of information or records protected from public
disclosure by any provision of state or federal law. The applicant must
include:
(A) An opinion or opinions from legal
counsel stating that, to counsel's best knowledge, the applicant has the legal
authority to construct and operate the facility without violating its bond
indenture provisions, articles of incorporation, common stock covenants, or
similar agreements;
(B) The type
and amount of the applicant's proposed bond or letter of credit to meet the
requirements of OAR 345-022-0050; and
(C) Evidence that the applicant has a
reasonable likelihood of obtaining the proposed bond or letter of credit in the
amount proposed in paragraph (B), before beginning construction of the
facility.
(n)
Exhibit N. If the proposed facility is a non-generating facility
for which the applicant must demonstrate need under OAR 345-023-0005,
information about the need for the facility, providing evidence to support a
finding by the Council as required by OAR 345-023-0005, including:
(A) Identification of the rule in Division 23
of this chapter under which the applicant chooses to demonstrate
need;
(B) If the applicant chooses
to demonstrate need for the proposed facility under OAR 345-023-0020(1), the
least-cost plan rule:
(i) Identification of
the energy resource plan or combination of plans on which the applicant relies
to demonstrate need;
(ii) The name,
address and telephone number of the person responsible for preparing each
energy resource plan identified in subparagraph (i);
(iii) For each plan reviewed by a regulatory
agency, the agency's findings and final decision, including:
(I) For a plan reviewed by the Oregon Public
Utility Commission, the acknowledgment order; or
(II) For a plan reviewed by any other
regulatory agency, a summary of the public process including evidence to
support a finding by the Council that the agency's decision process included a
full, fair and open public participation and comment process as required by OAR
345-023-0020(1)(L), and the location of and means by which the Department can
obtain a complete copy of the public record;
(iv) Identification of the sections of the
short-term action plan that call for the acquisition of the proposed facility
or, as defined in OAR 345-001-0010, a facility substantially similar to the
proposed facility;
(v) The
attributes of the proposed facility that qualify it as one called for in the
short-term action plan of the energy resource plan or combination of plans
identified in subparagraph (i) or a demonstration that, as defined in OAR
345-001-0010, a facility substantially similar to the proposed facility is
called for in the plan;
(C) In addition to the information described
in paragraph (B), if the applicant chooses to demonstrate need for the proposed
facility under OAR 345-023-0020(1), the least-cost plan rule, and relies on an
energy resource plan not acknowledged by the Public Utility Commission of
Oregon:
(i) The names, addresses and telephone
numbers of members of any public advisory groups that participated in the
preparation and review of each plan identified in paragraph (B);
(ii) A discussion of how the plan or
combination of plans conforms to the standards in OAR 345-023-0020(1)(a)
through (L) including citations to relevant portions of the plan documents or
other supporting evidence;
(iii)
The expected annual emissions in tons of nitrogen oxides, PM-10 particulate,
sulfur dioxide, carbon dioxide and mercury and a discussion of other
environmental impacts, as compared to resources in the applicable energy
resource plan;
(D) In
addition to the information described in paragraphs (B) and (C), if the
applicant chooses to demonstrate need for a proposed natural gas pipeline or
storage facility for liquefied natural gas under OAR 345-023-0020(1), the
least-cost plan rule, and relies on an energy resource plan not acknowledged by
the Public Utility Commission of Oregon, the applicant must include the
information described in paragraph (G) of this subsection if the energy
resource plan or combination of plans does not contain that information. If the
energy resource plan or combination of plans contains the information described
in paragraph (G), the applicant must provide a list of citations to the
sections of the energy resource plan that contain the information;
(E) In addition to the information described
in paragraphs (B) and (C), if the applicant chooses to demonstrate need for a
proposed electric transmission line under OAR 345-023-0020(1), the least-cost
plan rule and relies on an energy resource plan not acknowledged by the Public
Utility Commission of Oregon, the applicant must include the information
described in paragraph (F) of this subsection if the energy resource plan or
combination of plans does not contain that information. If the energy resource
plan or combination of plans contains the information described in paragraph
(F), the applicant must provide a list of citations to the sections of the
energy resource plan that contain the information;
(F) If the applicant chooses to demonstrate
need for a proposed electric transmission line under OAR 345-023-0030, the
system reliability rule:
(i) Load-resource
balance tables for the area to be served by the proposed facility. In the
tables, the applicant must include firm capacity demands and existing and
committed firm resources for each of the years from the date of submission of
the application to at least five years after the expected in-service date of
the facility;
(ii) Within the
tables described in subparagraph (i), a forecast of firm capacity demands for
electricity and firm annual electricity sales for the area to be served by the
proposed facility. The applicant must separate firm capacity demands and firm
annual electricity sales into loads of retail customers, system losses, reserve
margins and each wholesale contract for firm sale. In the forecast, the
applicant must include a discussion of how the forecast incorporates reductions
in firm capacity demand and firm annual electricity sales resulting from:
(I) Existing federal, state or local building
codes, and equipment standards and conservation programs required by law for
the area to be served by the proposed facility;
(II) Conservation programs provided by the
energy supplier, as defined in OAR 345-001-0010;
(III) Conservation that results from
responses to price; and
(IV) Retail
customer fuel choice;
(iii) Within the tables described in
subparagraph (i), a forecast of existing and committed firm resources used to
meet the demands described in subparagraph (ii). The applicant must include, as
existing and committed firm resources, existing generation and transmission
facilities, firm contract resources and committed new resources minus expected
resource retirements or displacement. In the forecast, the applicant must list
each resource separately;
(iv) A
discussion of the reasons each resource is being retired or displaced if the
forecast described in subparagraph (iii) includes expected retirements or
displacements;
(v) A discussion of
the annual capacity factors assumed for any generating facilities listed in the
forecast described in subparagraph (iii);
(vi) A discussion of the reliability criteria
the applicant uses to demonstrate the proposed facility is needed, considering
the load carrying capability of existing transmission system facilities
supporting the area to be served by the proposed facility;
(vii) A discussion of reasons why the
proposed facility is economically reasonable compared to the alternatives
described below. In the discussion, the applicant must include a table showing
the amounts of firm capacity and firm annual electricity available from the
proposed facility and each alternative and the estimated direct cost, as
defined in OAR 345-001-0010, of the proposed facility and each alternative. The
applicant must include documentation of assumptions and calculations supporting
the table. The applicant must evaluate alternatives to construction and
operation of the proposed facility that include, but are not limited to:
(I) Implementation of cost-effective
conservation, peak load management and voluntary customer interruption as a
substitute for the proposed facility;
(II) Construction and operation of electric
generating facilities as a substitute for the proposed facility;
(III) Direct use of natural gas, solar or
geothermal resources at retail loads as a substitute for use of electricity
transmitted by the proposed facility;
(IV) Adding standard sized smaller or larger
transmission line capacity;
(viii) The earliest and latest expected
in-service dates of the facility and a discussion of the circumstances of the
energy supplier, as defined in OAR 345-001-0010, that determine these dates;
and
(G) If the applicant
chooses to demonstrate need for a proposed natural gas pipeline or a proposed
facility for storing liquefied natural gas under OAR 345-023-0040, the
economically reasonable rule:
(i)
Load-resource balance tables for the area to be served by the proposed
facility. In the tables, the applicant must include firm demands and resource
availability for each of the years from the date of submission of the
application to at least five years after the expected in-service date of the
proposed facility. In the tables, the applicant must list flowing supply and
storage supply separately;
(ii)
Within the tables described in subparagraph (i), a forecast of firm capacity
demands for the area to be served by the proposed facility. The applicant must
separate firm capacity demands into firm demands of retail customers, system
losses and each wholesale contract for firm sale. The applicant must accompany
the tables with load duration curves of firm capacity and interruptible demands
for the most recent historical year, the year the facility is expected to be
placed in service and the fifth year after the expected in-service date. In the
forecast of firm capacity demands, the applicant must include a discussion of
how the forecast incorporates reductions in firm capacity demand resulting
from:
(I) Existing federal, state or local
building codes and equipment standards and conservation programs required by
law for the area to be served by the proposed facility;
(II) Conservation programs provided by the
energy supplier, as defined in OAR 345-001-0010;
(III) Conservation that results from
responses to price; and
(IV) Retail
customer fuel choice;
(iii) Within the tables described in
subparagraph (i), a forecast of existing and committed firm resources used to
meet the demands described in subparagraph (ii). The applicant must include, as
existing and committed firm capacity resources, existing pipelines, storage
facilities, and scheduled and budgeted new facilities minus expected resource
retirements or displacement. In the forecast, the applicant must list each
committed resource separately;
(iv)
A discussion of the reasons each resource is being retired or displaced if the
forecast described in subparagraph (iii) includes expected retirements or
displacements;
(v) A discussion of
the capacity factors assumed for any storage facilities listed in the forecast
described in subparagraph (iii);
(vi) A discussion of the reliability criteria
the applicant uses to demonstrate the proposed facility is needed, considering
the capacity of existing gas system facilities supporting the area to be served
by the proposed facility;
(vii) A
discussion of reasons why the proposed facility is economically reasonable
compared to the alternatives described in subparagraphs (viii) or (ix). In the
discussion, the applicant must include a table showing the amounts of firm
capacity available from the proposed facility and each alternative and the
estimated direct cost, as defined in OAR 345-001-0010, of the proposed facility
and each alternative. The applicant must include documentation of assumptions
and calculations supporting the table;
(viii) In an application for a proposed
natural gas pipeline, an evaluation of alternatives to construction and
operation of the proposed facility including, but not limited to:
(I) Implementation of cost-effective
conservation, peak load management and voluntary customer interruption as a
substitute for the proposed facility;
(II) Installation of propane storage systems,
facilities to store liquefied natural gas and underground gas storage
reservoirs as a substitute for the proposed facility;
(III) Direct use of electricity, solar or
geothermal resources at retail loads as a substitute for use of natural gas
supplied by the proposed facility;
(IV) Adding standard sized smaller or larger
pipeline capacity;
(ix)
In an application for a proposed liquefied natural gas storage facility, an
evaluation of alternatives to construction and operation of the proposed
facility including, but not limited to:
(I)
Implementation of cost-effective conservation, peak load management and
voluntary customer interruption as a substitute for the proposed
facility;
(II) Installation of
propane storage systems, natural gas pipelines and underground gas storage
facilities as a substitute for the proposed facility;
(III) Direct use of electricity, solar or
geothermal resources at retail loads as a substitute for use of natural gas
supplied by the proposed facility;
(IV) Adding smaller or larger liquefied
natural gas storage capacity; and
(x) The earliest and latest expected
in-service date of the facility and a discussion of the circumstances of the
energy supplier, as defined in OAR 345-001-0010, that determine these
dates.
(o)
Exhibit O. Information about anticipated water use during
construction and operation of the proposed facility. The applicant must
include:
(A) A description of the use of water
during construction and operation of the proposed facility;
(B) A description of each source of water and
the applicant's estimate of the amount of water the facility will need during
construction and during operation from each source under annual average and
worst-case conditions;
(C) A
description of each avenue of water loss or output from the facility site for
the uses described in (A), the applicant's estimate of the amount of water in
each avenue under annual average and worst-case conditions and the final
disposition of all wastewater;
(D)
For thermal power plants, a water balance diagram, including the source of
cooling water and the estimated consumptive use of cooling water during
operation, based on annual average conditions;
(E) If the proposed facility would not need a
groundwater permit, a surface water permit or a water right transfer, an
explanation of why no such permit or transfer is required for the construction
and operation of the proposed facility;
(F) If the proposed facility would need a
groundwater permit, a surface water permit or a water right transfer,
information to support a determination by the Council that the Water Resources
Department should issue the permit or transfer of a water use, including
information in the form required by the Water Resources Department under OAR
Chapter 690, Divisions 310 and 380; and
(G) A description of proposed actions to
mitigate the adverse impacts of water use on affected resources.
(p)
Exhibit P.
Information about the fish and wildlife habitat and the fish and wildlife
species, other than the species addressed in subsection (q) that could be
affected by the proposed facility, providing evidence to support a finding by
the Council as required by OAR 345-022-0060. The applicant must include:
(A) A description of biological and botanical
surveys performed that support the information in this exhibit, including a
discussion of the timing and scope of each survey;
(B) Identification of all fish and wildlife
habitat in the analysis area, classified by the general fish and wildlife
habitat categories as set forth in OAR 635-415-0025 and the sage-grouse
specific habitats described in the Greater Sage-Grouse Conservation Strategy
for Oregon at OAR 635-140-0000 through 635-140-0025 (core, low density, and
general habitats), and a description of the characteristics and condition of
that habitat in the analysis area, including a table of the areas of permanent
disturbance and temporary disturbance (in acres) in each habitat category and
subtype;
(C) A map showing the
locations of the habitat identified in (B);
(D) Based on consultation with the Oregon
Department of Fish and Wildlife (ODFW) and appropriate field study and
literature review, identification of all State Sensitive Species that might be
present in the analysis area and a discussion of any site-specific issues of
concern to ODFW;
(E) A baseline
survey of the use of habitat in the analysis area by species identified in (D)
performed according to a protocol approved by the Department and
ODFW;
(F) A description of the
nature, extent and duration of potential adverse impacts on the habitat
identified in (B) and species identified in (D) that could result from
construction, operation and retirement of the proposed facility;
(G) A description of any measures proposed by
the applicant to avoid, reduce, or mitigate the potential adverse impacts
described in (F) in accordance with the general fish and wildlife habitat
mitigation goals and standards described in OAR 635-415-0025 and a description
of any measures proposed by the applicant to avoid, minimize, and provide
compensatory mitigation for the potential adverse impacts described in (F) in
accordance with the sage-grouse specific habitat mitigation requirements
described in the Greater Sage-Grouse Conservation Strategy for Oregon at OAR
635-140-0000 through 635-140-0025, and a discussion of how the proposed
measures would achieve those goals and requirements; and
(H) A description of the applicant's proposed
monitoring plans to evaluate the success of the measures described in
(G).
(q)
Exhibit
Q. Information about threatened and endangered plant and animal species
that may be affected by the proposed facility, providing evidence to support a
finding by the Council as required by OAR 345-022-0070. The applicant must
include:
(A) Based on appropriate literature
and field study, identification of all threatened or endangered species listed
under ORS 496.172(2) and
ORS 564.105(2) that
may be affected by the proposed facility;
(B) For each species identified under (A), a
description of the nature, extent, locations and timing of its occurrence in
the analysis area and how the facility might adversely affect it;
(C) For each species identified under (A), a
description of measures proposed by the applicant, if any, to avoid or reduce
adverse impact;
(D) For each plant
species identified under (A), a description of how the proposed facility,
including any mitigation measures, complies with the protection and
conservation program, if any, that the Oregon Department of Agriculture has
adopted under ORS 564.105(3);
(E) For each plant species identified under
paragraph (A), if the Oregon Department of Agriculture has not adopted a
protection and conservation program under ORS
564.105(3), a
description of significant potential impacts of the proposed facility on the
continued existence of the species and on the critical habitat of such species
and evidence that the proposed facility, including any mitigation measures, is
not likely to cause a significant reduction in the likelihood of survival or
recovery of the species;
(F) For
each animal species identified under (A), a description of significant
potential impacts of the proposed facility on the continued existence of such
species and on the critical habitat of such species and evidence that the
proposed facility, including any mitigation measures, is not likely to cause a
significant reduction in the likelihood of survival or recovery of the species;
and
(G) The applicant's proposed
monitoring program, if any, for impacts to threatened and endangered
species.
(r)
Exhibit R. An analysis of potential visual impacts of the proposed
facility, if any, on significant or important scenic resources within the
analysis area, providing evidence to support a finding by the Council under OAR
345-022-0080, including:
(A) An inventory of
scenic resources identified as significant or important in a land use
management plan adopted by one or more local, tribal, state, regional, or
federal government or agency applicable to lands within the analysis area for
scenic resources. The applicant must provide a list of the land management
plans reviewed in developing the inventory and a copy of the relevant portion
of the plans;
(B) A map or maps
showing the location of the scenic resources described under paragraph (A), in
relation to the site of the proposed facility;
(C) A description of the methodology the
applicant used to identify and assess potential visual impacts to the scenic
resources identified in paragraph (A);
(D) Identification of potential visual
impacts to the scenic resources identified in paragraph (A), including, but not
limited to:
(i) Loss of vegetation or
alteration of the landscape as a result of construction or operation;
(ii) Visual impacts of facility structures or
plumes, including but not limited to, changes in landscape character or
quality; and
(iii) Loss of
visibility due to air emissions or other pollution resulting from the
construction or operation of the proposed facility;
(E) An assessment of the significance of the
visual impacts described under paragraph (D);
(F) A description of the measures the
applicant proposes to avoid, reduce or otherwise mitigate any potential
significant adverse visual impacts; and
(G) The applicant's proposed monitoring
program, if any, for impacts to scenic resources.
(s)
Exhibit S. Information about
historic, cultural and archaeological resources. Information concerning the
location of archaeological sites or objects may be exempt from public
disclosure under ORS 192.345(11).
The applicant must submit such information separately, clearly marked as
"confidential," and shall request that the Department and the Council keep the
information confidential to the extent permitted by law. The applicant must
include information in Exhibit S or in confidential submissions providing
evidence to support a finding by the Council as required by OAR 345-022-0090,
including:
(A) Historic and cultural
resources within the analysis area that have been listed, or would likely be
eligible for listing, on the National Register of Historic Places;
(B) For private lands, archaeological
objects, as defined in ORS
358.905(1)(a),
and archaeological sites, as defined in ORS
358.905(1)(c),
within the analysis area;
(C) For
public lands, archaeological sites, as defined in ORS
358.905(1)(c),
within the analysis area;
(D) The
significant potential impacts, if any, of the construction, operation and
retirement of the proposed facility on the resources described in paragraphs
(A), (B) and (C) and a plan for protection of those resources that includes at
least the following:
(i) A description of any
discovery measures, such as surveys, inventories, and limited subsurface
testing work, recommended by the State Historic Preservation Officer or the
National Park Service of the U.S. Department of Interior for the purpose of
locating, identifying and assessing the significance of resources listed in
paragraphs (A), (B) and (C);
(ii)
The results of the discovery measures described in subparagraph (i), together
with an explanation by the applicant of any variations from the survey,
inventory, or testing recommended;
(iii) A list of measures to prevent
destruction of the resources identified during surveys, inventories and
subsurface testing referred to in subparagraph (i) or discovered during
construction; and
(E) The
applicant's proposed monitoring program, if any, for impacts to historic,
cultural and archaeological resources during construction and operation of the
proposed facility.
(t)
Exhibit T. Information about the impacts the proposed facility
would have on important recreational opportunities in the analysis area,
providing evidence to support a finding by the Council as required by OAR
345-022-0100, including:
(A) A description of
the recreational opportunities in the analysis area that includes information
on the factors listed in OAR 345-022-0100(1) as a basis for identifying
important recreational opportunities;
(B) A description of any potential adverse
impacts to the important opportunities identified in paragraph (A) including,
but not limited to:
(i) Direct or indirect
loss of a recreational opportunity as a result of facility construction or
operation;
(ii) Noise resulting
from facility construction or operation;
(iii) Increased traffic resulting from
facility construction or operation;
(iv) Visual impacts of facility structures or
plumes, including but not limited to, changes in landscape character or
quality;
(C) An
evaluation of the significance of the potential adverse impacts identified
under paragraph (B);
(D) A
description of any measures the applicant proposes to avoid, reduce or
otherwise mitigate any significant adverse impacts identified in paragraph
(B);
(E) A map of the analysis area
showing the locations of important recreational opportunities identified in
paragraph (A); and
(F) The
applicant's proposed monitoring program, if any, for impacts to important
recreational opportunities.
(u)
Exhibit U. Information about
significant potential adverse impacts of construction and operation of the
proposed facility on the ability of public and private providers in the
analysis area to provide the services listed in OAR 345-022-0110, providing
evidence to support a finding by the Council as required by OAR 345-022-0110.
The applicant must include:
(A) The important
assumptions the applicant used to evaluate potential impacts;
(B) Identification of the public and private
providers in the analysis area that would likely be affected;
(C) A description of any likely adverse
impact to the ability of the providers identified in (B) to provide the
services listed in OAR 345-022-0110;
(D) Evidence that adverse impacts described
in (C) are not likely to be significant, taking into account any measures the
applicant proposes to avoid, reduce or otherwise mitigate the impacts;
and
(E) The applicant's proposed
monitoring program, if any, for impacts to the ability of the providers
identified in (B) to provide the services listed in OAR 345-022-0110.
(v)
Exhibit V.
Information about wildfire risk within the analysis area, providing evidence to
support findings by the Council as required by OAR 345-022-0115, including but
not limited to, a draft Wildfire Mitigation Plan that satisfies the
requirements of OAR 345-022-0115(1)(b).
(w)
Exhibit W. Information about
the applicant's plans to minimize the generation of solid waste and wastewater
and to recycle or reuse solid waste and wastewater, providing evidence to
support a finding by the Council as required by OAR 345-022-0120. The applicant
must include:
(A) A description of the major
types of solid waste and wastewater that construction, operation and retirement
of the facility are likely to generate, including an estimate of the amount of
solid waste and wastewater;
(B) A
description of any structures, systems and equipment for management and
disposal of solid waste, wastewater and storm water;
(C) A discussion of any actions or
restrictions proposed by the applicant to reduce consumptive water use during
construction and operation of the facility;
(D) The applicant's plans to minimize,
recycle or reuse the solid waste and wastewater described in (A);
(E) A description of any adverse impact on
surrounding and adjacent areas from the accumulation, storage, disposal and
transportation of solid waste, wastewater and stormwater during construction
and operation of the facility;
(F)
Evidence that adverse impacts described in (D) are likely to be minimal, taking
into account any measures the applicant proposes to avoid, reduce or otherwise
mitigate the impacts; and
(G) The
applicant's proposed monitoring program, if any, for minimization of solid
waste and wastewater impacts.
(x)
Exhibit X. Information about
site restoration, providing evidence to support a finding by the Council as
required by OAR 345-022-0050(1). The applicant must include:
(A) The estimated useful life of the proposed
facility;
(B) Specific actions and
tasks to restore the site to a useful, non-hazardous condition;
(C) An estimate, in current dollars, of the
total and unit costs of restoring the site to a useful, non-hazardous
condition;
(D) A discussion and
justification of the methods and assumptions used to estimate site restoration
costs; and
(E) For facilities that
might produce site contamination by hazardous materials, a proposed monitoring
plan, such as periodic environmental site assessment and reporting, or an
explanation why a monitoring plan is unnecessary.
(y)
Exhibit Y. Information about
noise generated by construction and operation of the proposed facility,
providing evidence to support a finding by the Council that the proposed
facility complies with the Oregon Department of Environmental Quality's noise
control standards in OAR 340-035-0035. The applicant must include:
(A) Predicted noise levels resulting from
construction and operation of the proposed facility;
(B) An analysis of the proposed facility's
compliance with the applicable noise regulations in OAR 340-035-0035, including
a discussion and justification of the methods and assumptions used in the
analysis;
(C) Any measures the
applicant proposes to reduce noise levels or noise impacts or to address public
complaints about noise from the facility;
(D) Any measures the applicant proposes to
monitor noise generated by operation of the facility; and
(E) A list of the names and addresses of all
owners of noise sensitive property, as defined in OAR 340-035-0015, within one
mile of the proposed site boundary.
(z)
Exhibit Z. If the proposed
facility has an evaporative cooling tower, information about the cooling tower
plume, including:
(A) The predicted size and
frequency of occurrence of a visible plume and an assessment of its visual
impact;
(B) The predicted locations
and frequency of occurrence of ice formation on surfaces and ground level
fogging and an assessment of significant potential adverse impacts, including,
but not limited to, traffic hazards on public roads;
(C) The predicted locations and rates of
deposition of solids released from the cooling tower (cooling tower drift) and
an assessment of significant potential adverse impacts to soils, vegetation and
other land uses;
(D) Any measures
the applicant proposes to reduce adverse impacts from the cooling tower plume
or drift;
(E) The assumptions and
methods used in the plume analysis; and
(F) The applicant's proposed monitoring
program, if any, for cooling tower plume impacts.
(aa)
Exhibit AA. If the proposed
energy facility is a transmission line or has, as a related or supporting
facility, a transmission line of any size:
(A)
Information about the expected electric and magnetic fields, including:
(i) The distance in feet from the proposed
center line of each proposed transmission line to the edge of the
right-of-way;
(ii) The type of each
occupied structure, including but not limited to residences, commercial
establishments, industrial facilities, schools, daycare centers and hospitals,
within 200 feet on each side of the proposed center line of each proposed
transmission line;
(iii) The
approximate distance in feet from the proposed center line to each structure
identified in (A);
(iv) At
representative locations along each proposed transmission line, a graph of the
predicted electric and magnetic fields levels from the proposed center line to
200 feet on each side of the proposed center line;
(v) Any measures the applicant proposes to
reduce electric or magnetic field levels;
(vi) The assumptions and methods used in the
electric and magnetic field analysis, including the current in amperes on each
proposed transmission line;
(vii)
The applicant's proposed monitoring program, if any, for actual electric and
magnetic field levels; and
(B) An evaluation of alternate methods and
costs of reducing radio interference likely to be caused by the transmission
line in the primary reception area near interstate, U.S. and state
highways.
(bb)
Exhibit BB. Any other information that the Department requests in
the project order or in a notification regarding expedited review.
(cc)
Exhibit CC. Identification,
by legal citation, of all state statutes and administrative rules and local
government ordinances containing standards or criteria that the proposed
facility must meet for the Council to issue a site certificate, other than
statutes, rules and ordinances identified in Exhibit E, and identification of
the agencies administering those statutes, administrative rules and ordinances.
The applicant must identify all statutes, administrative rules and ordinances
that the applicant knows to be applicable to the proposed facility, whether or
not identified in the project order. To the extent not addressed by other
materials in the application, the applicant must include a discussion of how
the proposed facility meets the requirements of the applicable statutes,
administrative rules and ordinances.
(dd)
Exhibit DD. If the proposed
facility is a facility for which the Council has adopted specific standards,
information about the facility providing evidence to support findings by the
Council as required by the following rules:
(A) For wind energy facilities, OAR
345-024-0010 and 345-024-0015;
(B)
For surface facilities related to underground gas storage reservoirs, OAR
345-024-0030, including information required by OAR 345-021-0020; and
(C) For any transmission line under Council
jurisdiction, OAR 345-024-0090.
(D)
For a fossil-fueled power plant or other facility that emits carbon dioxide,
OAR 345-024-0500 to 345-024-0720, including the information required by OAR
345-021-0021.
Exhibits referenced are available from the
agency.
Statutes/Other Implemented: ORS
469.350,
469.370,
469.413,
469.501,
469.503 &
469.504