OAR 345-027-0110: Termination or Partial Termination of a Site Certificate

(1) A certificate holder may apply to the Council to terminate a site certificate at any time, subject to the requirements of this rule. (2) A certificate holder must apply to the Council to terminate a site certificate within two years following cessation of construction or operation of the facility. (3) If the certificate holder fails to apply to the Council to terminate the site certificate and the Council finds that the certificate holder has permanently ceased construction or operation of the facility, then the Council may terminate the site certificate according to the procedure described in OAR 345-025-0006(16). (4) In an application for termination of the site certificate, the certificate holder must include a proposed final retirement plan for the facility and site. In the proposed final retirement plan, the certificate holder must include: (a) A plan for retirement that provides for completion of retirement without significant delay and that protects public health, safety and the environment; (b) A description of actions the certificate holder proposes to take to restore the site to a useful, non-hazardous condition, including information on how impacts to fish, wildlife and the environment would be minimized during the retirement process; (c) A current detailed cost estimate and a plan for ensuring the availability of adequate funds for completion of retirement; (d) An updated list of property owners, as described in OAR 345-021-0010(1)(f); and (e) Identify the qualifications of the contractor(s) to conduct the retirement of the facility. (5) Within 15 days after the Department determines that the application for termination of a site certificate is complete, the Department must: (a) Send notice of the application, by mail or email, specifying a deadline for comments on whether the retirement plan and cost estimate allow for restoration of the site to a useful, nonhazardous condition to: (A) All persons on the Council's general mailing list, as defined in OAR 345-011-0020; (B) All persons on any special list established for the facility; and (C) The property owners as designated by (4)(d) of this rule. (b) Send copies of the application for termination by mail or email to the reviewing agencies for the facility, and ask those agencies to comment by a specified date; and (c) Post an announcement of the application for termination on the Department’s website. (6) The Council must review the proposed final retirement plan and must consider any comments received from the public and the reviewing agencies. The Council may retain an independent evaluator to assist in conducting this review and may approve the proposed final retirement plan or modify the plan to comply with the rules of this chapter and applicable conditions in the site certificate. If the plan is approved, the Council must issue an order authorizing retirement according to the approved or modified final retirement plan and subject to any conditions the Council finds appropriate. The Council's order may be appealed as described in ORS 183.480. (7) When a certificate holder completes retirement of the facility, it shall promptly submit documentation to the Department demonstrating the retirement was conducted in compliance with the Council-approved final retirement plan. (8) When the Council finds that the certificate holder has completed the retirement of the facility according to the Council's order authorizing retirement, the Council must issue an order terminating the site certificate. (9) When the Council finds that the site certificate has expired as described in OAR 345-027-0313, the Council shall issue an order terminating the site certificate. (10) A certificate holder may apply to Council to release a portion of the site from the terms and conditions of the site certificate by following the procedures set forth in sections (4) to (7) of this rule with respect to the portion in question. When the Council finds that the certificate holder has completed partial retirement of the facility in compliance with the Council-approved partial retirement plan, the Council must issue an order amending the site certificate to remove any components that have been retired in compliance with the Council-approved partial retirement plan and make any other changes necessary to reflect the retirement of those components.