Current through Register Vol. 63, No. 9, September 1, 2024
(1) In making a decision to grant or deny
issuance of an amended site certificate, the Council must apply the applicable
laws and Council standards required under section (2) of this rule and in
effect on the dates described in section (3) of this rule.
(2) To issue an amended site certificate, the
Council must determine that the preponderance of evidence on the record
supports the following conclusions:
(a) For a
request for amendment proposing to add new area to the site boundary, the
portion of the facility within the area added to the site by the amendment
complies with all laws and Council standards applicable to an original site
certificate application;
(b) For a
request for amendment to extend the deadlines for beginning or completing
construction, after considering any changes in facts or law since the date the
current site certificate was executed, the facility complies with all laws and
Council standards applicable to an original site certificate application.
However, for requests to extend completion deadlines, the Council need not find
compliance with an applicable law or Council standard if the Council finds
that:
(A) The certificate holder has spent
more than 50 percent of the budgeted costs on construction of the
facility;
(B) The inability of the
certificate holder to complete the construction of the facility by the deadline
in effect before the amendment is the result of unforeseen circumstances that
are outside the control of the certificate holder;
(C) The standard, if applied, would result in
an unreasonable financial burden on the certificate holder; and
(D) The Council does not need to apply the
standard to avoid a significant threat to the public health, safety or the
environment;
(c) For a
request for amendment not described above, the facility, with the proposed
change, complies with the applicable laws or Council standards that protect a
resource or interest that could be affected by the proposed change;
(d) For a request for amendment to a site
certificate for a fossil-fueled power plant, the proposed change will not
increase the gross carbon dioxide emissions that are reasonably likely to
result from the operation of the facility by more than three percent (3%) above
the estimated gross carbon dioxide emissions used to determine compliance with
the applicable carbon dioxide standard in the site certificate or amended site
certificate most recently issued before September 25, 2021.
(e) For all requests for amendment, the
amount of the bond or letter of credit required under OAR 345-022-0050 is
adequate.
(3) In making
findings under section (1) of this rule, the Council must apply the applicable
laws and Council standards in effect on the following dates:
(a) For the applicable substantive criteria
under the Council's land use standard, as described in OAR 345-022-0030, the
date the request for amendment was submitted; and
(b) For all other applicable laws and Council
standards, the date the Council issues its final order on the request for
amendment.
Statutes/Other Implemented: ORS
469.401,
469.405,
469.413(2) & 469.504
