Oregon Department of ENERGY Energy Facility Siting Division - - PowerPoint PPT Presentation

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Oregon Department of ENERGY Energy Facility Siting Division - - PowerPoint PPT Presentation

Dec 03, 2023 160 likes •564 views

Oregon Department of ENERGY Energy Facility Siting Division Presentation to EFSC Workgroup November 16, 2017 Todd R. Cornett, Assistant Director Oregons Energy Facility Siting Division Oversees the review of and the decision-making for

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Oregon Department of ENERGY

Energy Facility Siting Division Presentation to EFSC Workgroup November 16, 2017 Todd R. Cornett, Assistant Director

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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.

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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
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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
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  • General Standard of Review
  • Organizational Expertise
  • Structural Standard
  • Soil Protection
  • Land Use
  • Protected Areas
  • Retirement and Financial

Assurance

  • Fish and Wildlife Habitat
  • Threatened and Endangered

Species

  • Scenic Resources
  • Historic, Cultural and

Archaeological Resources

  • Recreation
  • Public Services
  • Waste Minimization

14 General Standards – ORS 469.501

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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
  • Uranium mill siting, construction, operation,

and decommissioning

Carty Generating Station

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  • 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

Consolidated Review

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Energy Facility Siting – Collaborative Review

Energy Facility Siting Council

Oregon Department of Justice Contractors

(Hearing Officer & Technical Experts)

Public Reviewing Agencies

Collaborative work with each of the following:

Oregon Department of Energy Siting Division Staff

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Energy Facility Siting Division Staff

Senior Siting Analyst Senior Policy Analyst Assistant Director/Council Secretary Senior Siting Analyst Siting Analyst Senior Siting Analyst Compliance Officer Rulemaking Coordinator Operations & Policy Analyst Fiscal Analyst Division Assistant

Oregon Department of Energy Siting Division Staff

Energy Facility Siting Council

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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

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Collaborative Review by Tribal Governments

Energy Facility Siting Council

Oregon Department of Justice Contractors

(Hearing Officer & Technical Experts)

Public Reviewing Agencies: Tribal Governments

Collaborative work with each of the following: Burns Paiute Tribe Confederated Tribes of The Warm Springs Reservation of Oregon Cow Creek Band of Umpqua Tribe of Indians Confederated Tribes of the Umatilla Indian Reservation Coquille Indian Tribe Klamath Tribes

  • Conf. Tribes of

Coos, Lower Umpqua & Siuslaw Indians Confederation Tribes of Grande Ronde Community Confederation Tribes of Siletz

Oregon Department of Energy Siting Division Staff

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Collaborative Review by State Agencies

Energy Facility Siting Council

Oregon Department of Justice Contractors

(Hearing Officer & Technical Experts)

Public Reviewing Agencies: State Agencies

Collaborative work with each of the following: Agriculture Aviation DEQ ODFW Forestry DOGAMI DLCD DSL Parks/SHPO PUC Fire Marshal Water Resources

Oregon Department of Energy Siting Division Staff

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Collaborative Review by Local Governments

Energy Facility Siting Council

Oregon Department of Justice Contractors

(Hearing Officer & Technical Experts)

Public Reviewing Agencies: Local Governments

Collaborative work with each of the following: Special Advisory Groups Public Service Providers

Oregon Department of Energy Siting Division Staff

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Collaborative Review and Public Involvement

Energy Facility Siting Council

Oregon Department of Justice Contractors

(Hearing Officer & Technical Experts)

Public Reviewing Agencies

Collaborative work with each of the following: Adjacent Property Owners Project Specific Contacts General Contacts

Oregon Department of Energy Siting Division Staff

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  • Public notice
  • Opportunities to comment and challenge
  • Website
  • EFSC meeting accessibility
  • Location
  • Audio/video equipment

Klondike Wind Project

Collaborative Review and Public Involvement

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Facility Locations – 1971 to Present

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Applications for Site Certificate – Withdrawn

Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

6 2 2 6 12 2 3 3

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  • Substantial energy facilities
  • Robust review
  • Navigate the interests of all participants

Siting’s Balancing Responsibility

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Applications for Site Certificate

Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

Applicant Applicant ODOE ODOE ODOE Hearing Officer ODOE & EFSC Public Notice #1 Reviewing Agency Notice #1 Public Notice #2 Reviewing Agency Notice #2 & 3 Public Notice #3 Reviewing Agency Notice #4 Public Notice #4 Contested Case Notice #1 Reviewing Agency Notice #5

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final 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)
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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • “Blueprint” for application
  • Identifies applicable EFSC standards
  • Identifies all reviewing agency

requirements

  • Establishes “analysis areas”
  • Basis for EFSC evaluation and

decision

  • Final Order and Site Certificate based
  • n standards identified in project
  • rder
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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • 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

PRELIMINARY APPLICATION FOR SITE CERTIFICATE (pASC)

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • 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. pASC CONTINUED

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • 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

COMPLETE APPLICATION FOR SITE CERTIFICATE

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final 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)
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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final 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.

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • Department establishes the Proposed

Order

  • EFSC input
  • Public comments during DPO hearing
  • Reviewing agency consultation
  • Issuance of Proposed Order
  • Notice to reviewing agencies (#5 of 5)
  • Notice to public (#4 of 4)
  • Notice of Contested Case
  • Limited to those who provided comment

during the public hearing (#1 of 1)

Trojan Nuclear Facility Independent Spent Fuel Storage Installation

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • Required for all applications
  • Since 2000, 9 full contested cases
  • Between 2005 – 2012, no full contested cases
  • Parties
  • Applicant – automatically a party
  • Any person who submitted oral or written comments at DPO hearing has right

to request party status

  • ODOE – participates in contested case and has rights of a party
  • Issues
  • Must be within Council’s jurisdiction
  • Issue must have been raised with sufficient specificity during DPO comment

timeframe (raise it or waive it)

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • Hearing Officer Appointment – OAR 345-015-0023(1)

The Council shall appoint a hearing officer to conduct a contested case proceeding on behalf of the Council ... The Council may appoint a Council member, an employee of the Department of Energy, or some other person or persons as it sees fit.

  • Third-party attorney’s on contract with ODOE through state procurement

requirements

  • EFSC is statutorily exempt from the obligation of using administrative law

judges from the Office of Administrative Hearings – ORS 183.635(2)(k)

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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • Hearing Officer Contact – OAR 345-015-0023(6)

“…following the issuance of the notice of contested case, the hearing officer shall enter into the record the substance of any significant contact with Department staff or the parties from that point forward concerning facts in the record.”

  • Rules
  • Attorney General’s model rules for contested cases
  • EFSC’s own set of rules for contested case
  • If conflict exists between rules, EFSC rules govern
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Notice of Intent Project Order Application Draft Proposed Order Proposed Order Contested Case Final Order

  • Council Exceptions Hearing
  • Parties to the contested case may file exception to findings and conclusions of

the hearing officer’s proposed Contested Case order

  • Final Order
  • The Council can either adopt, modify, or reject the proposed Contested Case

Order in its Final Order

  • Site Certificate
  • If the Council approves the application, it must issue a site certificate along

with the Final Order

  • Supreme Court – Limited to parties and issues in contested case
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Amendments to Site Certificates

  • Required when proposed change to facility could:
  • Result in a significant adverse impact
  • Impair ability to comply with condition
  • Require new condition or change to existing condition
  • Types of amendments:
  • Extend construction beginning and completion dates
  • Site boundary change
  • Transfer site certificate to new owner
  • All others
  • Standards – all applicable standards
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Amendments to Site Certificates – Type A

Request for Amendment Draft Proposed Order Proposed Order Contested Case Final Order

Public Notice #1 Public Notice #2 Contested Case Notice #1 Reviewing Agency Notice #1 Reviewing Agency Notice #2

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Type A Cont’d – Contested Case Overview

  • Not Automatic
  • Issue(s) are within EFSC’s jurisdiction
  • Raised with sufficient specificity during DPO hearing comment phase
  • Raises significant issues of fact or law that may affect the Council’s determination

that the facility, with the change proposed by the amendment, meets the applicable laws and Council standards

  • EFSC Options
  • Conduct contested case
  • Deny contested case and direct staff to amend proposed order
  • Deny contested case request
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Amendments to Site Certificates – Type B

Request Type B Request for Amendment Draft Proposed Order Proposed Order Contested Case Final Order

Public Notice #1 Reviewing Agency Notice #1 Public Notice #2 Reviewing Agency Notice #2

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Type B Cont’d – Contested Case Overview

469.405 Amendment of site certificate; judicial review; exemption; rules. (1) A site certificate may be amended with the approval of the Energy Facility Siting Council. The council may establish by rule the type of amendment that must be considered in a contested case proceeding. Judicial review of an amendment to a site certificate shall be as provided in ORS 469.403.

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Amendments to Site Certificates – Type C

Request Type C Request for Amendment Temporary Order Type A or Type B Amendment Process Starting at Draft Proposed Order Phase

PHASE 1 PHASE 2

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Program Improvements

  • Began in 2012 – complete mapping of all

review steps

  • HB 2105 (2013 Session)
  • Annual Work Plan: High-Level Goals
  • Applicant/Site Certificate Holders
  • Public
  • Reviewing Agencies
  • Regulatory clarity
  • Process improvement
  • Adaptability
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Program Improvements

  • Completed Projects
  • Public guide
  • Records management
  • Financial assurance procedures
  • staff project time tracking
  • up to date project cost accounting
  • Project guide
  • Website improvements
  • Reviewing agency training
  • Projects being worked on
  • GIS – project boundaries
  • Compliance Program Evaluation
  • Project Management Tool