Oregon Administrative Rules
Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL
Division 22 - GENERAL STANDARDS FOR SITING FACILITIES
Section 345-022-0115 - Wildfire Prevention and Risk Mitigation
Universal Citation: OR Admin Rules 345-022-0115
Current through Register Vol. 63, No. 9, September 1, 2024
(1) To issue a site certificate, the Council must find that:
(a) The applicant has
adequately characterized wildfire risk within the analysis area using current
data from reputable sources, by identifying:
(A) Baseline wildfire risk, based on factors
that are expected to remain fixed for multiple years, including but not limited
to topography, vegetation, existing infrastructure, and climate;
(B) Seasonal wildfire risk, based on factors
that are expected to remain fixed for multiple months but may be dynamic
throughout the year, including but not limited to, cumulative precipitation and
fuel moisture content;
(C) Areas
subject to a heightened risk of wildfire, based on the information provided
under paragraphs (A) and (B) of this subsection;
(D) High-fire consequence areas, including
but not limited to areas containing residences, critical infrastructure,
recreation opportunities, timber and agricultural resources, and fire-sensitive
wildlife habitat; and
(E) All data
sources and methods used to model and identify risks and areas under paragraphs
(A) through (D) of this subsection.
(b) That the proposed facility will be
designed, constructed, and operated in compliance with a Wildfire Mitigation
Plan approved by the Council. The Wildfire Mitigation Plan must, at a minimum:
(A) Identify areas within the site boundary
that are subject to a heightened risk of wildfire, using current data from
reputable sources, and discuss data and methods used in the analysis;
(B) Describe the procedures, standards, and
time frames that the applicant will use to inspect facility components and
manage vegetation in the areas identified under subsection (a) of this
section;
(C) Identify preventative
actions and programs that the applicant will carry out to minimize the risk of
facility components causing wildfire, including procedures that will be used to
adjust operations during periods of heightened wildfire risk;
(D) Identify procedures to minimize risks to
public health and safety, the health and safety of responders, and damages to
resources protected by Council standards in the event that a wildfire occurs at
the facility site, regardless of ignition source; and
(E) Describe methods the applicant will use
to ensure that updates of the plan incorporate best practices and emerging
technologies to minimize and mitigate wildfire risk.
(2) The Council may issue a site certificate without making the findings under section (1) if it finds that the facility is subject to a Wildfire Protection Plan that has been approved in compliance with OAR chapter 860, division 300.
(3) This Standard does not apply 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 on or before the effective date of this rule.
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: 469.501
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