Or. Admin. R. 345-015-0110 - Public Notice of a Notice of Intent
(1) After receiving a notice of intent (NOI),
the Department must issue public notice of the NOI by:
(a) Sending notice by mail or email to
persons on the Council's general mailing list as defined in OAR 345-011-0020 and any special mailing list set up for the proposed project;
(b) Sending notice by mail to the property
owners listed in Exhibit F of the NOI;
(c) Sending notice by mail or email to the
land management agency or organization with jurisdiction over the protected
areas identified in Exhibit L of the NOI;
(d) Except as provided in subsection (e),
publishing notice in a newspaper of general circulation available in the
vicinity of the proposed facility; and
(e) If the energy facility is a transmission
line or a pipeline or has, as a related or supporting facility, a transmission
line or pipeline that, by itself, is an energy facility under the definition in
ORS 469.300, publishing notice in
one or, if possible, two newspapers of general circulation in the vicinity of
the proposed facility.
(2) In the public notice of the NOI, the
Department must include the following information:
(a) A description of the proposed
facility;
(b) The location of the
site of the proposed facility;
(c)
The date when the applicant expects to submit an application for a site
certificate;
(d) A brief
description of the Council's review process, including an explanation of the
difference between the informational meetings described in OAR 345-015-0130 and
the public hearing described in 345-015-0220;
(e) An explanation that the applicant may
choose to meet the Council's land use standard, OAR 345-022-0030, by obtaining
local land use approval from the affected local government and that, if the
applicant chooses to obtain local land use approval, any person interested in
land use issues should participate in that affected local government's land use
process if it is not yet complete;
(f) The date, time, and location of any
informational meeting on the NOI that the Department has scheduled or an
explanation of how interested persons may request an informational meeting. If
the Department has scheduled an informational meeting, the Department must
state in the notice that public comments on the NOI may be given in person at
the meeting;
(g) An explanation
that written comments on the NOI must be submitted by a specified date and may
be submitted by regular mail, email or fax;
(h) The name, address, email address and
telephone number of a Department representative to contact for additional
information; and
(i) If the
applicant has identified one or more proposed corridors in Exhibit D of the
NOI, as required by 345-020-0011(1)(d):
(A) An
explanation that the corridors proposed by the applicant in the NOI are subject
to change and that the applicant may propose adjustments to any proposed
corridor in the application;
(B) An
explanation that the applicant may present adjustments to any proposed
corridors at the informational meeting; and
(C) An explanation that, in selecting one or
more corridors for analysis in the application for a site certificate, the
applicant must consider public comments on the corridors proposed in the NOI
and on any corridor adjustments the applicant presents at the informational
meeting.
(3) If
the Department learns that an applicant has applied for local land use
approval, the Department must post a notice of the local land use proceeding on
its website.
(4) The Department
must issue public notice in accordance with section (1) through (3) of this
rule of any amended notice of intent that:
(a)
Significantly changes the proposed site boundary or location of the proposed
energy facility or related or supporting facility;
(b) Significantly increases:
(A) The estimated quantity of fuel that will
be used or produced by the proposed facility, or changes the proposed fuel type
or source;
(B) The generating
capacity of the proposed energy facility;
(C) The voltage of a proposed transmission
line;
(D) The capacity or operating
pressure of a proposed pipeline; or
(E) The estimated gross carbon dioxide
emissions that are reasonably likely to result from the operation of the
proposed facility, or the proposed means of compliance with any applicable
carbon dioxide standard emissions standard;
(c) Increases water consumption or disposal
by more than 5 percent; or
(d)
Changes the source of water.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.330
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