Oregon Administrative Rules
Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL
Division 27 - EXPIRATION, AMENDMENT AND TERMINATION OF SITE CERTIFICATES, AND DEPARTMENT OF ENERGY APPROVAL OF GAS STORAGE TESTING PIPELINES
Section 345-027-0110 - Termination of a Site Certificate
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A certificate holder may apply to the Council to terminate a site certificate at any time, subject to the requirements of this rule.
(2) A certificate holder must apply to the Council to terminate a site certificate within two years following cessation of construction or operation of the facility.
(3) If the certificate holder fails to apply to the Council to terminate the site certificate and the Council finds that the certificate holder has permanently ceased construction or operation of the facility, then the Council may terminate the site certificate according to the procedure described in OAR 345-025-0006(16).
(4) In an application for termination of the site certificate, the certificate holder must include a proposed final retirement plan for the facility and site. The certificate holder must submit two printed copies of the application for termination and the proposed final retirement plan, and an electronic version of the application for termination and the proposed final retirement plan in a non-copy-protected electronic format acceptable to the Department. The certificate holder must submit additional printed copies of the application for termination and the proposed final retirement plan to the Department upon request.
(5) In the proposed final retirement plan, the certificate holder must include:
(6) Within 15 days after receiving an application for termination of a site certificate, the Department must:
(7) The Council must review the proposed final retirement plan and must consider any comments received from the public and the reviewing agencies. The Council may approve the proposed final retirement plan or modify the plan to comply with the rules of this chapter and applicable conditions in the site certificate. If the plan is approved, the Council must issue an order authorizing retirement according to the approved or modified final retirement plan and subject to any conditions the Council finds appropriate. The Council's order may be appealed as described in ORS 183.480.
(8) When the Council finds that the certificate holder has completed the retirement of the facility according to the Council's order authorizing retirement, the Council must issue an order terminating the site certificate.
(9) When the Council finds that the site certificate has expired as described in OAR 345-027-0313, the Council shall issue an order terminating the site certificate.
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.405 & 469.501