OAR 345-027-0230: Review of a Request for Approval

(1) Within 7 days after receiving a request for approval to construct, operate and retire a gas storage testing pipeline, the Department must: (a) Send copies of the request by mail, email or any other form of electronic delivery to the following agencies with a notice asking the agencies to submit written comments on the request within 14 days from the date of the notice: (A) Oregon Department of Fish and Wildlife; (B) Oregon Department of Geology and Mineral Industries; (C) Oregon Public Utility Commission; (D) Oregon Department of Agriculture; (E) Division of State Lands; and (F) State Historic Preservation Office. (b) Send a notice of the request, including a map showing the location of the proposed pipeline, by mail, email or any other form of electronic delivery to the following stating that the agencies and planning authority may submit written comments on the request within 14 days from the date of the notice: (A) Oregon Department of Forestry; (B) Oregon Department of Environmental Quality; and (C) The planning authority of the county or counties where the proposed pipeline is located. (c) Send a notice of the request, including a map showing the location of the proposed pipeline, by mail or email to the property owners the certificate holder has listed in the request stating that property owners may submit written comments on the request within 14 days from the date of the notice. (d) Post an announcement of the request on the Department’s website. (2) Within 21 days from the deadline for comments described in section (1) of this rule or such longer period as the Department has specified in the letter described in OAR 345-027-0520(2), the Department must issue a final order stating its findings on the applicable Council substantive standards and its approval or disapproval of the request. In an order approving a request, the Department must include conditions that the Department finds necessary to ensure compliance with the applicable standards and conditions required by OAR 345-027-0540. (3) The Department must send a notice of the final order to the certificate holder, to the property owners the certificate holder listed in the request and to any person who commented on the request. In the notice, the Department must state that judicial review of the order is as provided in ORS 469.403. (4) The Department may amend an order approving the construction, operation and retirement of a gas storage testing pipeline. (5) Notwithstanding ORS 469.503(3), the Department may not review the proposed pipeline for compliance with other state standards. (6) Notwithstanding ORS 469.401(3), the approval of a gas storage testing pipeline by the Department does not bind any state or local agency.