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 345-027-0357 - Amendment Determination Request

(1) For a proposed change that would add area to the site boundary, the certificate holder must either:

(2) For a proposed change that would not add area to the site boundary, the certificate holder may submit an amendment determination request to the Department for a written determination of whether:

(3) For any request for amendment described under OAR 345-027-0350(3) or (4), the certificate holder may submit an amendment determination request to the Department for a written determination of whether a request for amendment justifies review under the type B review process described in OAR 345-027-0351(3).

(4) A request described in section (1), (2), or (3) of this rule must be submitted in writing to the Department and must include:

(5) After receiving an amendment determination request, the Department must post an announcement on the Department's website to notify the public that an amendment determination request has been received. The announcement must include a copy of the amendment determination request.

(6) Upon receiving a request for a written determination described in section (1) or (2) of this rule, the Department must, as promptly as possible, issue a written determination to the certificate holder. After the Department issues its written determination, the Department must, as promptly as possible, provide the request and the written determination to the Council and post the written determination to its website. At the first Council meeting after the Department issues its written determination, the Department must provide verbal notice of the request and the written determination to the Council during the consent calendar agenda item. The Department may refer its determination to the Council for concurrence, modification, or rejection. At the request of the certificate holder or a Council member, the Department must refer its determination to the Council for concurrence, modification or rejection.

(7) Upon receiving a request for a written determination described in section (3) of this rule, the Department must, as promptly as possible, issue a written determination to the certificate holder. At the request of the certificate holder, the Department must refer its determination to the Council for concurrence, modification, or rejection.

(8) In determining whether a request for amendment justifies review under the type B review process described in OAR 345-027-0351(3), the Department and the Council may consider factors including, but not limited to: