Or. Admin. R. 345-015-0110

Current through Register Vol. 63, No. 6, June 1, 2024

Section 345-015-0110 - Public Notice of a Notice of Intent

(1) After receiving a notice of intent (NOI), the Department must issue public notice of the NOI by:

(a) Sending notice by mail or email to persons on the Council's general mailing list as defined in OAR 345-011-0020 and any special mailing list set up for the proposed project;

(b) Sending notice by mail to the property owners listed in Exhibit F of the NOI;

(c) Sending notice by mail or email to the land management agency or organization with jurisdiction over the protected areas identified in Exhibit L of the NOI;

(d) Except as provided in subsection (e), publishing notice in a newspaper of general circulation available in the vicinity of the proposed facility; and

(e) If the energy facility is a transmission line or a pipeline or has, as a related or supporting facility, a transmission line or pipeline that, by itself, is an energy facility under the definition in ORS 469.300, publishing notice in one or, if possible, two newspapers of general circulation in the vicinity of the proposed facility.

(2) In the public notice of the NOI, the Department must include the following information:

(a) A description of the proposed facility;

(b) The location of the site of the proposed facility;

(c) The date when the applicant expects to submit an application for a site certificate;

(d) A brief description of the Council's review process, including an explanation of the difference between the informational meetings described in OAR 345-015-0130 and the public hearing described in 345-015-0220;

(e) An explanation that the applicant may choose to meet the Council's land use standard, OAR 345-022-0030, by obtaining local land use approval from the affected local government and that, if the applicant chooses to obtain local land use approval, any person interested in land use issues should participate in that affected local government's land use process if it is not yet complete;

(f) The date, time, and location of any informational meeting on the NOI that the Department has scheduled or an explanation of how interested persons may request an informational meeting. If the Department has scheduled an informational meeting, the Department must state in the notice that public comments on the NOI may be given in person at the meeting;

(g) An explanation that written comments on the NOI must be submitted by a specified date and may be submitted by regular mail, email or fax;

(h) The name, address, email address and telephone number of a Department representative to contact for additional information; and

(i) If the applicant has identified one or more proposed corridors in Exhibit D of the NOI, as required by 345-020-0011(1)(d):

(A) An explanation that the corridors proposed by the applicant in the NOI are subject to change and that the applicant may propose adjustments to any proposed corridor in the application;

(B) An explanation that the applicant may present adjustments to any proposed corridors at the informational meeting; and

(C) An explanation that, in selecting one or more corridors for analysis in the application for a site certificate, the applicant must consider public comments on the corridors proposed in the NOI and on any corridor adjustments the applicant presents at the informational meeting.

(3) If the Department learns that an applicant has applied for local land use approval, the Department must post a notice of the local land use proceeding on its website.

(4) The Department must issue public notice in accordance with section (1) through (3) of this rule of any amended notice of intent that:

(a) Significantly changes the proposed site boundary or location of the proposed energy facility or related or supporting facility;

(b) Significantly increases:

(A) The estimated quantity of fuel that will be used or produced by the proposed facility, or changes the proposed fuel type or source;

(B) The generating capacity of the proposed energy facility;

(C) The voltage of a proposed transmission line;

(D) The capacity or operating pressure of a proposed pipeline; or

(E) The estimated gross carbon dioxide emissions that are reasonably likely to result from the operation of the proposed facility, or the proposed means of compliance with any applicable carbon dioxide standard emissions standard;

(c) Increases water consumption or disposal by more than 5 percent; or

(d) Changes the source of water.

Or. Admin. R. 345-015-0110

EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2003, f. & cert. ef. 9-3-03; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12; EFSC 10-2019, amend filed 10/04/2019, effective 10/7/2019; EFSC 5-2020, minor correction filed 09/24/2020, effective 9/24/2020; EFSC 1-2023, amend filed 08/29/2023, effective 8/29/2023

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.330