Or. Admin. Code § 690-052-0110

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

Section 690-052-0110 - Proposed Final Order: Findings and Criteria; Protests

(1) Within 90 days of the close of the comment period in OAR 690-052-0100, a proposed final order, containing the draft decommissioning plan, shall be prepared by the Director. The plan shall comply with the standard set out in 690-052-0070.

(2) The proposed final order shall:

(a) Cite findings of fact and conclusions of law;

(b) Include a brief statement that explains the issues considered relevant to the development of the decommissioning plan; and

(c) Contain the date by which protests to the proposed final order must be received by the Department.

(3) The Department shall mail copies of the proposed final order to the operator, the DART if established, agencies providing comments, and to persons who have requested copies and paid the fee required under ORS 536.050(1)(e). The Department shall also give public notice of the proposed final order in the Department's weekly bulletin.

(4) Any person may submit a protest against a proposed final order. A protest shall be in writing and shall include:

(a) The name, address and telephone number of the protestant;

(b) A description of the protestant's interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

(c) A detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant's interest;

(d) A detailed description of how the proposed final order is in error or deficient and how to correct the alleged error or deficiency;

(e) Any citation of legal authority supporting the protest, if known; and

(f) For persons other than the applicant, the protest fee required under ORS 536.050(1)(j).

(5) Protests on the proposed final order shall be submitted within 45 days after publication of the notice of the proposed final order in the weekly bulletin published by the Department. Any person who asks to receive a copy of the Department's proposed final order shall submit to the Department the fee required under ORS 536.050(1)(e), unless the person has previously requested copies and paid the required fee.

(6) Within 120 days after the close of the period for receiving protests, the director shall:

(a) Issue a final order as provided under OAR 690-052-0130; or

(b) Schedule a contested case hearing if a protest has been submitted and if:

(A) Upon review of the issues, the director finds that there are significant disputes related to the proposed decommissioning of the project; or

(B) Within 30 days after the close of the period for submitting protests, the applicant requests a contested case hearing.

(7) At the request of the applicant, the Department may extend the time periods set forth in subsection (6) of this section for a reasonable period of time.

Or. Admin. Code § 690-052-0110

WRD 4-2001, f. & cert. ef. 5-7-01

Stat. Auth.: ORS 536.027, ORS 543A.300(2) & OL 1999, Ch. 873, Sec. 26

Stats. Implemented: ORS 543.092, ORS 543 & ORS 543A