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 345-027-0372 - Proposed Order and Council's Final Decision on Requests for Amendment Under Type B Review

(1) No later than 21 days after the written comment deadline that closes the record on the draft proposed order, the Department must issue a proposed order recommending approval, modification or denial of the request for amendment to the site certificate. The Department must consider any written comments received before the close of the record on the draft proposed order and any agency consultation. The Department may issue the proposed order at a later date, but the Department must, no later than 21 days after the close of the record on the draft proposed order, notify the certificate holder in writing of the reasons for the delay.

(2) Concurrent with issuing the proposed order, the Department must issue public notice of the proposed order by posting public notice as an announcement on its website and by sending public notice by mail or email to:

(3) Notice of the proposed order must include:

(4) The Council, may adopt, modify or reject the proposed order based on the considerations described in OAR 345-027-0375. In a written order, the Council must either grant or deny issuance of an amended site certificate. If the Council grants issuance of an amended site certificate, the Council must issue an amended site certificate, which is effective upon execution by the Council Chair and by the certificate holder.

(5) Judicial review of the Council's final order either granting or denying an amended site certificate is as provided in ORS 469.403.