EFSC and Public Participation - inside Five Topics: A) Problems in a - - PowerPoint PPT Presentation

Steven R. Schell

EFSC Work Group March 27, 2018

EFSC and Public Participation -”inside”

Five Topics:

A) Problems in a nutshell – arcane and archaic (B) Fixes to EFSC that don’t work – save the pubic interest (C) History of public participation –”Those who –”

(D) Recent Certificate Amendments Rule Changes

and (E) Possible Additions For Public Participation– 4 groups

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EFSC’s Public Participation Changes for Sit ite Certificate Amendment Rules

• Needs: Being heard and Simplification

– Avoid appearance of unfairness

• Substantive issues: “significant impacts”, boundary

changes, local effects

• Recent Rule Process Changes (10/19/17):
• 3 processes -- (A)standard, (B)expedited, and

(C) under construction

• 2 stages: Scoping and draft, with contested case

as requested

• “Raise it or waive it added”

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Preliminary (optional) Request for Amendment Completeness Post Notice (by mail or email) to: general, special, agencies, property owners Hearing in area (>20 days) Raise it or waive it Base for contested case Draft Written comments Consider comments Notice of Proposed Order Contested Case-parties/issues Proposed final Council action 027-0667/-69 Type A process

PP Additions 1– Change the process

Contested case from the beginning -- 2 steps to 1 change standing -- for appeal, how to improve require conflicts resolution statements – Decision Doc.

Committee in Opposition to Prison v. Oregon Emergency Corrections Facility Siting Authority, 309 Ore. 678 (1990)

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PP Additions 2 – help for the public

Public Interest Advocate FAQs Land use participation model

4

Facebook Call numbers (partly done) Emails (partly done) Funded Email responders RSS Feeds

PP Additions 3 Modern Communications

5

Goal 13: Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles.

PP Additions 4 –legislation

Impacted land owner buy-out LCDC Goal 13 Redo Others

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steveschell@comcast.net Limited practice attorney ETO 2000-2004 EFSC 1990-1998 LCDC 1973-1976