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Detailed Information for: Energy Facility Site Certificate
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Updated: 2/24/2009
Description: A site certificate is a consolidated license for energy facilities. "Site certificate" means the binding agreement between the State of Oregon and the applicant, authorizing the applicant to construct and operate a facility on an approved site, incorporating all conditions imposed by the council on the applicant. A site certificate brings together all state and local government permit requirements into a single decision by the Energy Facility Siting Council, a seven member citizen Commission appointed by the Governor. A decision of the Council is appealable only to the Oregon Supreme Court. The Oregon Department of Energy serves as staff to the Council.

In addition to Council standards the Siting Council will apply the applicable requirements of other agencies.

There are other requirements that are not contained in a site certificate. For example, Oregon OSHA or Building Codes requirements are not siting criteria because they apply regardless of the specifics of the site. In addition, DEQ's ACDP and NPDES permits are not in the site certificate because they derive from federal law.
Statutes, Rules, Ordinances: ORS 469.300
OAR 345
Duration: Ongoing, termination when facility decommissioned
Fees - application, exam, etc.:  An applicant must pay all costs of the Department and Council for review of the application and any subsequent appeal. The Notice of Intent (NOI) must be accompanied by a $25,000 fee. The initial fee for an application is set by the department after reviewing the NOI or a request for expedited review. 25% of the fee is due upon submission of the application, and the balance by billing agreement. Any unused portion of the fee is refundable. Annual fees for approved energy facilities are set by order of the Director, and fees for requests to amend a site certificate are billed monthly.
Responsible Agency: Energy, Department of
Bonding Requirements: Bond or letter of credit required to comply with the Siting Council's Climate Change standard and the retirement standard.
Insurance Requirements: None
Prerequisites: The prerequisites are many, complex and varied and are presented in OAR 345. Information is also available at Energy Facility Siting in Oregon.

Typically, the Council's siting process begins with a Notice of Intent (NOI) to File an Application. The NOI process is an opportunity to introduce the proposed energy facility to the public and state and local agencies. Once the Department issues its Project Order based on the NOI, the applicant may submit an application. The Department reviews the application for completeness, and once it finds the application complete, files the application. Statutory timelines are specified and vary for different types of energy facilities. In addition, certain types or sizes of energy facilities may be subject to expedited review.

After the Department issues a draft decision to the public for comment, a Council appointed hearing officer initiates the evidentiary phase of the process known as a contested case. Once the evidentiary process is complete, the hearing officer makes recommendations for changes to the proposed order, and the Council takes up the matter for final decision.
Application Form: Unique to each facility, please contact the Energy Department
Service Links:  Energy Facility Siting
 License Holder Search
contact Agency Contact Information
Required Documentation: The requirements for the content of a Notice of Intent are in OAR 345-020. Requirements for an application ar given in OAR 345-021.

  Agency Information
Please refer to the Agency Website for further details and additional information.
Agency Name: Energy, Department of
E-mail Address: energyweb.incoming@state.or.us
Phone: 503-378-4040 or 800-221-8035 (toll-free in Oregon)
Mail Address: Oregon Department of Energy
625 Marion St. NE
Salem, OR 97301 - 3737
Website Information: http://www.oregon.gov/ENERGY/index.shtml

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