Or. Admin. Code § 330-250-0140

Current through Register Vol. 64, No. 1, January 1, 2025

Section 330-250-0140 - Amendments to Performance Agreement

(1) If a grantee wishes to amend a performance agreement entered into with the department under OAR 330-250-0080 or OAR 330-250-0130 or change any aspect of a community renewable energy project, the grantee must submit a written amendment request to the director.

(2) The grantee must describe the proposed change to the performance agreement or community renewable energy project and the reasons for the change.

(3) The grantee must demonstrate that the project, with the proposed change(s), will continue to meet the requirements of statute, rule and the opportunity announcement; be technically feasible, will operate as represented and will remain in operation for at least five years. The grantee has the responsibility to provide complete technical documentation supporting any amendment request. The department may deny amendment requests submitted without such justification.

(4) If an amendment request does not include all information needed to complete the review, the department may provide the grantee a written request for additional information. If the grantee does not provide the requested information to the department within 30 calendar days, the department may deny the request.

(5) The department shall evaluate amendment requests to determine whether the proposed change(s) would have affected the outcome of competitive review, which may result in denial of the amendment request or pro-rating the award amount, based on energy generated, planning costs, or project cost.

(6) The department shall not increase an award amount as the result of an amendment.

(7) The department shall decide whether to approve the amendment request.

(a) If approved, the department shall draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement shall become effective upon signature by all parties.

(b) If denied, the department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request.

(c) The grantee may accept the denial of the amendment request and comply with the terms of the performance agreement or the grantee may terminate the performance agreement according to its terms and return any grant funds previously disbursed.

Or. Admin. Code § 330-250-0140

DOE 1-2022, adopt filed 02/28/2022, effective 2/28/2022; DOE 6-2024, amend filed 08/23/2024, effective 9/16/2024

Statutory/Other Authority: ORS 469.040 & Oregon Laws 2021, chapter 508 (House Bill 2021)

Statutes/Other Implemented: Oregon Laws 2021, chapter 508 (House Bill 2021)