OAR 345-021-0010: Contents of an Application

(1) The project order described in OAR 345-015-0160(1) identifies the provisions of this rule and OAR 345, divisions 22 through 24, that are applicable to the application for the proposed facility, including any appropriate modifications to applicable provisions of these rules. The applicant must include in its application for a site certificate information that addresses each provision of the rules identified in the project order. The applicant must designate the information with an appropriate exhibit label that corresponds with the standard in question, e.g., the information provided for the land use standard described in OAR 345-022-0030 should be labeled as “Land Use Exhibit.” If the same information is required in each of several exhibits the applicant may provide the required information in one exhibit and include appropriate references in the others. For the purpose of submitting an application for a site certificate in an expedited review granted under OAR 345-015-0300 or 345-015-0310, the applicant must include information that addresses all applicable provisions of this rule and OAR 345, divisions 22 through 24. In such expedited reviews, analysis areas addressed in this rule are the study areas defined in OAR 345-001-0010, subject to later modification in the project order. (2) The Council standards referred to in the project order described in OAR 345-015-0160(1) are detailed in OAR 345, divisions 22 through 24, including all applicable factual support. (3) In addition to the material required in OAR 345, divisions 22 through 24, the applicant must submit in an exhibit called “Background Information Exhibit” the following background information about the project to assist the Council in its review of the application: (a) Information about the proposed facility, construction schedule and temporary disturbances of the site, including: (A) A description of the proposed energy facility, including as applicable: (i) For electric power generating plants, the nominal electric generating capacity and the average electrical generating capacity, as defined in ORS 469.300; (ii) Major components, structures and systems, including a description of the size, type and configuration of equipment used to generate, store, transmit, or transport electricity, useful thermal energy, or fuels; (iii) A site plan and general arrangement of buildings, equipment and structures; (iv) Fuel and chemical storage facilities, including structures and systems for spill containment; (v) Equipment and systems for fire prevention and control; (vi) For thermal power plants, combustion turbine power plants, or other facilities designed to generate electricity from gas, liquid, or solid fuels: (I) A discussion of the source, quantity and availability of all fuels proposed to be used in the facility to generate electricity or useful thermal energy; (II) f the facility will generate electric power from natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material, a discussion of methods the facility will use to ensure that the facility does not emit greenhouse gasses into the atmosphere, and a description of any equipment the facility will use to capture, sequester, or store greenhouse gases; (III) A description of energy flows within the facility, including power cycle and steam cycle diagrams, as appropriate; (IV) A description of equipment and systems for disposal of waste heat generated by the facility; and (V) The fuel chargeable to power heat rate of the energy facility. (vii) For surface facilities related to underground gas storage, estimated daily injection and withdrawal rates, horsepower compression required to operate at design injection or withdrawal rates, operating pressure range and fuel type of compressors; (viii) For facilities to store liquefied natural gas, the volume, maximum pressure, liquefication and gasification capacity in thousand cubic feet per hour; (B) A description of major components, structures and systems of each related or supporting facility; (C) The approximate dimensions of major facility structures and visible features; (D) If the proposed energy facility is a pipeline or a transmission line 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, a corridor selection assessment explaining how the applicant selected the corridors for analysis in the application. In the assessment, the applicant must evaluate the corridor adjustments the Department has described in the project order, if any. The applicant may select any corridor for analysis in the application and may select more than one corridor. However, if the applicant selects a new corridor, then the applicant must explain why the applicant did not present the new corridor for comment at an informational meeting under OAR 345-015-0130. In the assessment, the applicant must discuss the reasons for selecting the corridors, based upon evaluation of the following factors: (i) Least disturbance to streams, rivers and wetlands during construction; (ii) Least percentage of the total length of the pipeline or transmission line that would be located within areas of Habitat Category 1, as described by the Oregon Department of Fish and Wildlife; (iii) Greatest percentage of the total length of the pipeline or transmission line that would be located within or adjacent to public roads and existing pipeline or transmission line rights-of-way; (iv) Least percentage of the total length of the pipeline or transmission line that would be located within lands that require zone changes, variances or exceptions; (v) Least percentage of the total length of the pipeline or transmission line that would be located in a protected area as described in OAR 345-022-0040; (vi) Least disturbance to areas where historical, cultural or archaeological resources are likely to exist; (vii) Greatest percentage of the total length of the pipeline or transmission line that would be located to avoid seismic, geological and soils hazards; and (viii) Least percentage of the total length of the pipeline or transmission line that would be located within lands zoned for exclusive farm use. (E) If the proposed energy facility is a pipeline or transmission line or has, as a related or supporting facility, a transmission line or pipeline of any size: (i) The length of the pipeline or transmission line; (ii) The proposed right-of-way width of the pipeline or transmission line, including to what extent new right-of-way will be required or existing right-of-way will be widened; (iii) If the proposed transmission line or pipeline corridor follows or includes public right-of-way, a description of where the transmission line or pipeline would be located within the public right-of-way, to the extent known. If the applicant proposes to locate all or part of a transmission line or pipeline adjacent to but not within the public right-of-way, describe the reasons for locating the transmission line or pipeline outside the public right-of-way. The applicant must include a set of clear and objective criteria and a description of the type of evidence that would support locating the transmission line or pipeline outside the public right-of-way, based on those criteria; (iv) For pipelines, the operating pressure and delivery capacity in thousand cubic feet per day and the diameter and location, above or below ground, of each pipeline; and (v) For transmission lines, the rated voltage, load carrying capacity, type of current, and a description of transmission line structures and their dimensions. (F) A construction schedule including the date by which the applicant proposes to begin construction and the date by which the applicant proposes to complete construction. Construction is defined in OAR 345-001-0010. The applicant must describe in this exhibit all work on the site that the applicant intends to begin before the Council issues a site certificate. The applicant must include an estimate of the cost of that work. For the purpose of this exhibit, “work on the site” means any work within a site or corridor, other than surveying, exploration or other activities to define or characterize the site or corridor, that the applicant anticipates or has performed as of the time of submitting the application. (b) Information about the location of the proposed facility, including: (A) A map or maps showing the proposed locations of the energy facility site, all related or supporting facility sites and all areas that might be temporarily disturbed during construction of the facility in relation to major roads, water bodies, cities and towns, important landmarks and topographic features, using a scale of 1 inch = 2000 feet or smaller when necessary to show detail; (B) A description of the location of the proposed energy facility site, the proposed site of each related or supporting facility and areas of temporary disturbance, including the total land area (in acres) within the proposed site boundary, the total area of permanent disturbance, and the total area of temporary disturbance. If a proposed pipeline or transmission line is to follow an existing road, pipeline or transmission line, the applicant must state to which side of the existing road, pipeline or transmission line the proposed facility will run, to the extent this is known; and (C) For energy generation facilities, a map showing the approximate locations of any other energy generation facilities that are known to the applicant to be permitted at the state or local level within the study area as defined in OAR 345-001-0010 for impacts to public services. (c) A list of the names and mailing addresses of property owners, as described in this subsection: (A) The list must include all owners of record, as shown on the most recent property tax assessment roll, of property located: (i) Within 100 feet of property which is the subject of the application, where the subject property is wholly or in part within an urban growth boundary; (ii) Within 250 feet of the property which is the subject of the application, where the subject property is outside an urban growth boundary and not within a farm or forest zone; or (iii) Within 500 feet of the property which is the subject of the application, where the property is within a farm or forest zone. (B) The applicant must submit an updated list of property owners as requested by the Department before the Department issues notice of any public hearing on the application for a site certificate as described in OAR 345-015-0220; and (C) In addition to incorporating the list in the application, the applicant must submit the list to the Department in an electronic format approved by the Department. (d) Identification, by legal citation, of all state statutes and administrative rules and local government ordinances containing standards or criteria that the proposed facility must meet for the Council to issue a site certificate, other than statutes, rules and ordinances identified in OAR 345-022-0010(c), and identification of the agencies administering those statutes, administrative rules and ordinances. The applicant must identify all statutes, administrative rules and ordinances that the applicant knows to be applicable to the proposed facility, even if not identified in the project order. To the extent not addressed by other materials in the application, the applicant must include a discussion of how the proposed facility meets the requirements of the applicable statutes, administrative rules and ordinances. (e) If the proposed facility is a facility for which the Council has adopted specific standards, information about the facility providing evidence to support findings by the Council as required by the following rules: (A) For wind energy facilities, OAR 345-024-0010 and 345-024-0015; (B) For surface facilities related to underground gas storage reservoirs, OAR 345-024-0030, including information required by OAR 345-024-0030(3); (C) For any transmission line under Council jurisdiction, OAR 345-024-0090; and (D) For a fossil-fueled power plant or other facility that emits carbon dioxide, OAR 345-024-0500 to 345-024-0720. (f) Documents prepared in connection with an environmental assessment or environmental impact statement for the proposed facility under the National Environmental Policy Act of 1970, if any, may contain some of the information required under the application information requirements in OAR 345, divisions 021 and 022. The applicant may copy relevant sections of such documents into the appropriate exhibits of the site certificate application. The applicant may otherwise submit full copies of those documents and include, in the appropriate exhibits of the site certificate application, cross-references to the relevant sections of those documents. The applicant may use such documents only to avoid duplication. The applicant must include additional information in the site certificate application as needed to meet the requirements of the application information requirements in OAR 345, divisions 021 and 022. (g) The applicant must include a table of contents in the preliminary application identifying the location of each required exhibit. (h) The applicant must submit to the Department a non-copy-protected electronic version of the preliminary application in a format acceptable to the Department. The applicant must submit printed copies of the preliminary application to the Department upon request. The applicant must prepare and distribute additional copies of the application as required by OAR 345-001-0050. (i) Any other information that the Department requests in the project order or in a notification regarding expedited review.