OAR 345-001-0250: Solar Photovoltaic Power Generation Facilities

(1) To determine that a proposed solar photovoltaic power generation project is an expansion of an existing or proposed solar photovoltaic power generation facility as described under OAR 345-001-0010(56)(b), the Council must find that the preponderance of the evidence on the record of a declaratory ruling issued under this rule, or other proceeding before the council, supports such a conclusion. In making findings under this section, the Council may consider factors including, but not limited to: (a) The permitting or operational status of the existing or proposed solar photovoltaic power generation facility; (b) Whether or not operational and financing decisions for the proposed project would be made independently from the existing or proposed solar photovoltaic power generation facility; (c) Whether or not the output of the proposed project and the proposed or existing solar photovoltaic power generation facility would be sold under separate power purchase agreements; and (d) Whether or not the output of the project and the proposed or existing solar photovoltaic power generation facility would be transmitted under separate interconnection agreements. (2) Any person, including the Department, may petition the Council to issue a declaratory ruling with respect to the applicability of ORS 469.300(11)(a)(D) and section (1) of this rule to a proposed solar photovoltaic power generation project. The Council will review such a petition under the procedures described in OAR 137-002-0010 to 137-002-0060, subject to the following: (a) A petition under this rule must be submitted to the Department in writing and must include all information required under OAR 137-002-0010, including: (A) The name of the developer or owner of the proposed solar photovoltaic power generation project; (B) A specific request for findings that a proposed solar photovoltaic power generation project is either: (i) An expansion or modification of a proposed or existing solar photovoltaic power generation facility; or (ii) A separate and independent solar photovoltaic power generation facility; (C) A detailed statement of facts relevant to the factors described under section (1) of this rule, including sufficient facts to show the petitioner’s interest in the outcome of the requested declaratory ruling; and (D) The name and address of petitioner and of any other person known by petitioner to be interested in the requested declaratory ruling. (b) Within seven days after a petition is filed under this section, the Department will post an announcement of the petition to the Department’s website. (c) If the Council decides to issue a ruling, the petitioner, the owner or developer of the proposed solar photovoltaic power generation project, and the Department will be parties to the proceeding. Other persons may petition the Council for permission to participate in the proceedings as described in OAR 137-002-0025; and (d) The Council will not issue a ruling on the petition if the owner or developer of the solar photovoltaic power generation project indicates that it intends to submit a notice of intent to file an application for a site certificate for a facility containing the proposed solar photovoltaic power generation project within 60 days after the petition is filed with the agency. If the NOI is not submitted by the date indicated, the Council will immediately serve notice on the parties under OAR 137-002-0020. (3) The Council will not make a ruling on the applicability of ORS 469.300(11)(a)(D) or section (1) of this rule to any solar photovoltaic power generation facility with a land use permit approved by a local government on or before the effective date of this rule unless a solar photovoltaic power generation project is proposed on lands within one mile of the solar photovoltaic power generation facility. (4) The developer or owner of a solar photovoltaic power generation facility is not subject to fees under ORS 469.421(1) for the expenses incurred by the Council and Department related to proceedings under section (2) of this rule.