Current through Register Vol. 63, No. 9, September 1, 2024
(1) To
issue a site certificate, the Council must find:
(a) The proposed facility will not be located
within the boundaries of a protected area designated on or before the date the
application for site certificate or request for amendment was determined to be
complete under OAR 345-015-0190 or 345-027-0363;
(b) The design, construction and operation of
the facility, taking into account mitigation, are not likely to result in
significant adverse impact to a protected area designated on or before the date
the application for site certificate or request for amendment was determined to
be complete under OAR 345-015-0190 or 345-027-0363.
(2) Notwithstanding section (1)(a), the
Council may issue a site certificate for:
(a)
A facility that includes a transmission line, natural gas pipeline, or water
pipeline located in a protected area, if the Council determines that other
reasonable alternative routes or sites have been studied and that the proposed
route or site is likely to result in fewer adverse impacts to resources or
interests protected by Council standards; or
(b) Surface facilities related to an
underground gas storage reservoir that have pipelines and injection, withdrawal
or monitoring wells and individual wellhead equipment and pumps located in a
protected area, if the Council determines that other alternative routes or
sites have been studied and are unsuitable.
(3) The provisions of section (1) do not
apply to:
(a) A transmission line routed
within 500 feet of an existing utility right-of-way containing at least one
transmission line with a voltage rating of 115 kilovolts or higher;
or
(b) A natural gas pipeline
routed within 500 feet of an existing utility right of way containing at least
one natural gas pipeline of 8 inches or greater diameter that is operated at a
pressure of 125 psig.
(4) The Council shall apply the version of
this rule adopted under Administrative Order EFSC 1-2007, filed and effective
May 15, 2007, to the review of any Application for Site Certificate or Request
for Amendment that was determined to be complete under OAR 345-015-0190 or
345-027-0363 before the effective date of this rule. Nothing in this section
waives the obligations of the certificate holder and Council to abide by local
ordinances, state law, and other rules of the Council for the construction and
operation of energy facilities in effect on the date the site certificate or
amended site certificate is executed.
Statutory/Other Authority: ORS
469.470 &
469.501
Statutes/Other Implemented: ORS
469.501
