OAR 345-027-0367: Public Comment and Hearing on the Proposed Order for Requests for Amendment

(1) After issuance of the proposed order as described in OAR 345-027-0365, the Council must conduct a public hearing on the request for amendment to the site certificate. The public hearing is not a contested case hearing. (2) The public hearing should take place in the vicinity of the facility, unless the Council or Council Chair determines that doing so is unnecessary given the limited scope of the amendment or a lack of public interest or that an in-person hearing would result in a heightened risk to public health and safety. (3) The public hearing must be held at least 20 days after the proposed order is issued and no less than 7 days before the end of the public comment period. (4) Concurrent with the issuance of the proposed order as described in OAR 345-027-0365, the Department must: (a) Send the notice described in section (5) of this rule by mail or email to: (A) All persons on the Council’s general mailing list as defined in OAR 345-011-0020; (B) All persons on any special mailing list established for the facility; (C) The reviewing agencies for the facility, as defined in OAR 345-001-0010(28); and (D) The property owners on the list provided under OAR 345-027-0360(1)(f); (b) Post the complete request for amendment, proposed order, and the notice of the proposed order and public hearing on the Department website; and (c) Upon request, make physical copies of the proposed order available to the public for inspection. (5) The notice of the complete request for amendment, proposed order and public hearing must include: (a) A description of the facility and the facility’s general location; (b) The name, address, email address and telephone number of the Department representative to contact for additional information; (c) Addresses of the physical locations and the website where the public may review copies of the complete request for amendment and proposed order; (d) The length of the public comment period, during which the public may provide written comments, if not made orally at the public hearing; (e) A statement that: (A) A complete request for amendment has been received and reviewed by the Department; (B) The Department has issued a proposed order; (f) A description of the scope and nature of public participation in a review on an amendment as outlined in sections (6), (7), and (8) of this rule, including all applicable deadlines. (6) To timely raise an issue regarding the request for amendment or proposed order on the record, a person must raise the issue in person at the public hearing or in a written comment submitted before the conclusion of the public comment period. (a) The Council will not accept or consider any further public comment on the request for amendment or on the proposed order after the close of the public comment period on the proposed order. (b) Notwithstanding (a), the Council will consider and include in the decision record for the request for amendment all timely responses, replies, and sur-replies relating to public comments as outlined in section (8) of this rule. (7) Comments – both written and oral – submitted during the public comment period must be made with sufficient specificity to afford the Council, the Department, and the certificate holder an opportunity to respond to the issue(s) raised in the comment. (a) To raise an issue with sufficient specificity, a person must in their comment: (A) Identify the recommended findings of fact, conclusions of law or conditions of approval identified in the proposed order to which they object; (B) Specify the Council standard or other applicable state and local requirements on which their objection is based; and (C) Present facts or statements supporting that objection. (b) If a comment is not made with sufficient specificity, the Department will not make any revisions to the draft of the final order based on that comment. (8) All timely comments submitted during the public comment period will be subject to the following process: (a) The certificate holder must provide a written response to written and verbal comments on the request for amendment or the proposed order; (b) The Department can choose, but is not required to respond to written or verbal comments on the request for amendment or the proposed order; (c) The response(s) in (a) can be limited to a statement that the public comment in question does not allow the certificate holder to substantively respond, as the comment fails to meet the sufficient specificity standard as described in (7); (d) Reviewing agencies and members of the public may submit written replies to the responses to their own respective comments in (c); (e) The certificate holder and Department may submit a sur-reply to the replies described in (d); and (f) Participants to the public comment process may request more time to submit their response, reply, and sur-reply to the Council or Council Chair, who shall grant the extension on a showing of good cause. (9) During the public hearing, the Department must explain the amendment process, including the means and opportunities for the public to participate in the process. The Department may provide this explanation via a written handout. (10) At the commencement of the public hearing, the presiding officer must read aloud the following: (a) A person who contends Council should reject a request to amend a site certificate or that Council in its final order should reject or revise certain aspects of a Department proposed order for a site certificate amendment must: (A) Comment in person or in writing prior to the close of the public comment period; (B) Raise their issue(s) with sufficient specificity to afford the Council, the Department, and the certificate holder an adequate opportunity to respond to the issue(s). To raise an issue with sufficient specificity, a person must, in their comment, identify the recommended findings of fact, conclusions of law or conditions of approval identified in the proposed order to which they object, specify the Council standard or other applicable state and local requirements on which their objection is based, and present facts or statements supporting that objection; and (b) If a comment is not made with sufficient specificity, the Council will not make any changes in its final order based on that comment. (11) At the public hearing, any person may make comments and present information regarding the pending request for amendment without administration of an oath. The presiding officer must record all presentations made during the public hearing. The presentations are part of the decision record for the request for amendment. (12) At the public hearing, the Council may pose questions to the certificate holder, reviewing agencies, the Department, or members of the public who submitted comments.