Or. Admin. Code § 141-140-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-140-0050 - Application Requirements

(1) A person wanting to attain a temporary use authorization or ocean renewable energy facility lease under these rules shall:

(a) Comply with the provisions of OAR 141-140-0040;

(b) Apply in writing to the Department for either a temporary use authorization or an ocean renewable energy facility lease using a form provided by the Department; and

(c) Submit an application processing fee payable to the Department to cover the administrative costs of processing the application and issuing the authorization.

(A) The non-refundable application processing fee for a temporary use authorization is $5,000.

(B) The application processing fee for an ocean renewable energy lease includes:

(i) A non-refundable application processing fee of $5,000; and

(ii) $1,000 per megawatt for each megawatt capacity in excess of five megawatts. A portion of this fee may be refundable upon written consent between the applicant and the Director.

(C) Considerations for a partial refund under OAR 141-140-0050(1)(c)(B) may include:

(i) The estimated expenditures accrued by the Department in processing all phases of the application;

(ii) The reason for the withdrawal of the application; and

(iii) Any other foreseeable expenditure that may be associated with the Department's administration of the proposed action.

(2) Pursuant to Part Five of the Territorial Sea Plan, an applicant shall include with their application a(n):

(a) Resource and Use Inventory and Effects Evaluation, and;

(b) Special Resource and Use Review Standards, and;

(c) Operation Plan, if required.

(3) An applicant shall include with their application an analysis of, and any relevant supporting documents or studies, that were used to address the requirements of the Territorial Sea Plan and other applicable state policies.

(4) Any person holding a temporary use authorization for a research project or demonstration project is required to submit a new application and the required application processing fee to the Department pursuant to the provisions of these rules if they want to:

(a) Apply for a new temporary use authorization;

(b) Apply for an ocean renewable energy facility lease to install, construct, operate, maintain or remove a commercial operation; or

(c) Substantially change the scope of a research or demonstration project that has been previously authorized by the Department.

(5) Unless otherwise allowed by the Director, a fully completed application for:

(a) A temporary use authorization and an ocean renewable energy facility lease shall be submitted to the Department at least 180 calendar days prior to the proposed construction and operation of the ocean renewable energy facility.

(b) A temporary use authorization to test at NNMREC shall be submitted to the Department at least 150 calendar days prior to the proposed construction and operation of the ocean renewable energy facility.

(c) The Department and the JART shall discuss a proposed timeline for attaining an ocean renewable energy facility lease with the applicant during the preliminary application process.

(6) An applicant wanting to attain a temporary use authorization to test at the NNMREC is exempt from the provisions of OAR 141-140-0050(2).

Or. Admin. Code § 141-140-0050

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS 273, ORS 274, ORS 183 & ORS 274.870-879

Statutes/Other Implemented: ORS 274.870-879