OAR 860-025-0040: Petition for CPCN Compliance with Statewide Planning Goals, Land Use Regulations, and Acknowledged Plans

(1) The Commission, as part of its approval of a petition filed under OAR 860-025-0030, shall adopt findings which assure the proposed transmission project complies with the Statewide Planning Goals and is compatible with the acknowledged comprehensive plan(s) and land use regulations of each local government where the project is to be located. The Commission's findings shall be developed consistent with the rules and procedures in the Commission's state agency coordination program pursuant to ORS 197.180. (2) The Commission's land use findings assuring the proposed project's goal compliance and plan compatibility shall be based on the hearing record, which shall include at least one of the following: (a) A copy of the local land use permit from each affected city or county planning agency, building department, or governing body stating that the proposed transmission project has received the jurisdiction's approval; or (b) A copy of a letter from each affected local planning agency, building department, or governing body stating that the proposed transmission project is permitted under the jurisdiction's comprehensive plan, land use regulations, and development codes, but does not require specific approval by the jurisdiction; or (c) Other written or oral land use information and documentation equivalent to OAR 860-025- 0040(2)(a) or (b) above properly presented to the Commission from an authorized representative from each affected city or county. (3) In making findings under section (2) of this rule, the Commission may rely on a Land Use Compatibility Statement (“LUCS”) issued by an authorized representative from an affected city or county to the extent the LUCS: (a) Confirms the city or county has issued a land use permit approving the proposed transmission project; or (b) States the applicable city or county acknowledged comprehensive plan does not require specific approval of the proposed transmission project; or (c) States the proposed transmission project will be compatible with the jurisdiction’s acknowledged comprehensive plan if petitioner obtains the land use permits identified in the LUCS, and the LUCS confirms the acknowledged comprehensive plan’s general provisions will not be substantially affected by issuance of a certificate if those permits are obtained. (4) A petitioner must notify the Commission promptly when a land use permit or land use compatibility statement submitted to support findings under this subsection has been appealed or has been modified or withdrawn before a final order has issued in a CPCN proceeding. (5) If a land use compatibility statement upon which the Commission bases its land use compatibility findings is revoked or modified to include a finding that the transmission line is incompatible with an acknowledged comprehensive plan or implementing regulations after the Commission has issued a CPCN, the Commission may amend or withdraw the CPCN final order. (6) In the event that the Commission cannot make findings under section (2) of this rule for any of the reasons enumerated in OAR 660-030-0065(3), the Commission may adopt goal compliance findings pursuant to OAR 660-030-0065(3). (7) If a proposed transmission line is subject to the jurisdiction of the Energy Facility Siting Council (EFSC), the Commission will not take final action until EFSC has issued a site certificate for the transmission line. The Commission will adopt the findings made as a part of the EFSC-issued site certificate, and the requirements of OAR 860-025-0040 (2) - (6) shall not apply.