Oregon Department of ENERGY Energy Facility Siting Division Presentation to EFSC Workgroup November 16, 2017 Todd R. Cornett, Assistant Director
Oregon’s Energy Facility Siting Division Oversees the review of and the decision-making for most large-scale energy-generating facilities and infrastructure in Oregon. 2
Energy Facilities – ORS 469.300(11)(a) • Wind • Thermal • Transmission • Solar • Geothermal • Surface Facility related to Underground Natural Gas Storage Facilities • Pipelines • Synthetic Fuel Plant • Plant that converts biomass into a fuel source • Nuclear Installations • Storage Facility for Liquid Natural Gas • Uranium Mill or Mill Tailings Disposal Facility 3
Standards Based Review • Applicable standards • EFSC standards by rule (general and specific) • Local land use requirements • Path A – compliance review conducted by local jurisdiction • Path B – compliance review conducted by EFSC • Other reviewing agency requirements • Applicant’s burden of proof • EFSC is limited to reviewing what is proposed by applicant 4
14 General Standards – ORS 469.501 • General Standard of Review • Threatened and Endangered Species • Organizational Expertise • Scenic Resources • Structural Standard • Historic, Cultural and • Soil Protection Archaeological Resources • Land Use • Recreation • Protected Areas • Public Services • Retirement and Financial • Waste Minimization Assurance • Fish and Wildlife Habitat 5
Facility Specific Standards “Need” standard for non -generating facilities Specific standards for: • Energy facilities that emit carbon dioxide • Wind energy facilities • Surface facilities related to underground natural gas storage reservoirs • Transmission lines Carty Generating Station • Uranium mill siting, construction, operation, and decommissioning 6
Consolidated Review • Incorporates all applicable Reviewing Agency requirements • Tribal Governments • State Agencies • Local Governments • Reimbursement • Eliminates duplication, different timelines, varied decisions, and different appeal paths • Easier for public participation 7
Energy Facility Siting – Collaborative Review Oregon Energy Facility Department of Energy Siting Council Siting Division Staff Collaborative work with each of the following: Oregon Contractors Department of Reviewing Agencies Public (Hearing Officer & Technical Experts) Justice 8
Energy Facility Siting Division Staff Oregon Energy Facility Department of Energy Siting Council Siting Division Staff Assistant Director/Council Secretary Senior Policy Analyst Senior Siting Senior Siting Senior Siting Siting Analyst Analyst Analyst Analyst Operations & Rulemaking Compliance Division Fiscal Analyst Policy Analyst Coordinator Officer Assistant 9
Energy Facility Siting Council (EFSC) • Volunteers from around the state • Governor appointed, Senate confirmed • Independent decision-makers on large, complex projects • Applications and amendments • Rulemaking • Extensive commitment of time and resources • Regular meetings • Large volume of information to consider and digest 10
Collaborative Review by Tribal Governments Oregon Energy Facility Department of Energy Siting Council Siting Division Staff Collaborative work with each of the following: Oregon Reviewing Contractors Department of Agencies: Tribal Public (Hearing Officer & Technical Experts) Justice Governments Coquille Indian Confederation Confederation Burns Paiute Tribe Confederated Tribe Tribes of Siletz Tribes of Grande Tribes of The Conf. Tribes of Ronde Community Warm Springs Cow Creek Band of Confederated Coos, Lower Reservation of Umpqua Tribe of Tribes of the Klamath Tribes Umpqua & Oregon Indians Umatilla Indian Siuslaw Indians Reservation 11
Collaborative Review by State Agencies Oregon Energy Facility Department of Energy Siting Council Siting Division Staff Collaborative work with each of the following: Oregon Reviewing Contractors Department of Agencies: State Public (Hearing Officer & Technical Experts) Justice Agencies Agriculture DEQ DSL PUC ODFW DLCD Fire Marshal Parks/SHPO Water Resources Aviation DOGAMI Forestry 12
Collaborative Review by Local Governments Oregon Energy Facility Department of Energy Siting Council Siting Division Staff Collaborative work with each of the following: Oregon Reviewing Contractors Department of Agencies: Local Public (Hearing Officer & Technical Experts) Justice Governments Special Advisory Public Service Groups Providers 13
Collaborative Review and Public Involvement Oregon Energy Facility Department of Energy Siting Council Siting Division Staff Collaborative work with each of the following: Oregon Contractors Department of Reviewing Agencies Public (Hearing Officer & Technical Experts) Justice Adjacent Property Project Specific Contacts General Contacts Owners 14
Collaborative Review and Public Involvement • Public notice • Opportunities to comment and challenge Klondike Wind Project • Website • EFSC meeting accessibility • Location • Audio/video equipment 15
Facility Locations – 1971 to Present 16
Applications for Site Certificate – Withdrawn Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order 2 6 3 12 3 6 2 2 17
Siting’s Balancing Responsibility • Substantial energy facilities • Robust review • Navigate the interests of all participants 18
Applications for Site Certificate Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order ODOE & Hearing Applicant ODOE Applicant ODOE ODOE Officer EFSC Contested Public Public Public Public Case Notice #1 Notice #2 Notice #3 Notice #4 Notice #1 Reviewing Reviewing Reviewing Reviewing Agency Agency Agency Agency Notice #2 Notice #1 Notice #4 Notice #5 & 3 19
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order • The NOI is: • Applicant’s conceptual plan • Requires information about applicant, facility, and potential impacts • The NOI is not: • A detailed application • A complete or final plan • Notice • Public (#1 of 4) • Reviewing Agencies (#1 of 5) 20
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order • “Blueprint” for application • Identifies applicable EFSC standards • Identifies all reviewing agency requirements • E stablishes “analysis areas” • Basis for EFSC evaluation and decision • Final Order and Site Certificate based on standards identified in project order 21
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order PRELIMINARY APPLICATION FOR SITE CERTIFICATE (pASC) • Application requirements • Detailed description of proposed facility • Technical assessment of compliance with standards in Project Order • Information submitted is assessed for compliance with each standard, requirement • Memo to Reviewing Agencies (#2 of 5) • Confirmation of adequacy of applicant responses • Recommendations on permits • Identification of significant issues • Posted on website 22
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order pASC CONTINUED • Reviewed for “Completeness” • Does application have sufficient information to review, evaluate and make finding on each requirement? • Request for Additional Information (RAI) • If additional information is needed to review/evaluate application, RAI(s) issued to applicant. 23
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order COMPLETE APPLICATION FOR SITE CERTIFICATE • Application complete when: • “Applicant has submitted information adequate for the Council to make findings or impose conditions on all applicable council standards.” • Notice to Reviewing Agencies (#3 of 5) • Conclusions on compliance with agency regulations • List of recommended site certificate conditions • Notice to Public (#2 of 4) • Complete application public information meeting 24
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order • Staff’s initial recommendation • Findings of facts and conclusions of law • Conditions of approval • Monitoring plans • Incorporates reviewing agency comments and prior public comments • Notice of Issuance of Draft Proposed Order • Reviewing Agencies (#4 of 5) • Public (#3 of 4) 25
Draft Notice of Project Proposed Contested Application Proposed Final Order Intent Order Order Case Order • Public Hearing • Comment period • Proximity to project • Before hearing officer, EFSC, or both • Time to raise issues that can be considered later – ORS 469.370(3) Such issues shall be raised with sufficient specificity to afford the Council, the department and the applicant an adequate opportunity to respond to each issue. 26
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