OAR 345-015-0350: Council Determination of Exemption

The Council shall, upon a complete written request, determine whether a proposed facility or modification of a facility qualifies for exemption under ORS 469.320(8). (1) The Council may impose conditions when granting an exemption to make its determinations meaningful and enforceable, including eligibility criteria or operational limits. (2) The following facilities are exempt under this rule: (a) Facilities meeting the criteria in ORS 469.320(2)(a) through (g); (b) A high efficiency cogeneration facility, as defined in OAR 345-001-0010, that meets or exceeds the efficiency standard established in ORS 469.320(2)(c), as adopted or adjusted by the Council to reflect changes in cogeneration technology; or (c) A small generating plant or an expansion to a small generating plant, as defined in OAR 345-001-0210, if the Council finds that the accumulated effects do not have a magnitude similar to a single generating plant with an average electric generating capacity of 35 megawatts or more, as described in OAR 345-001-0210(3).