ORS 469.405: Amendment of site certificate; judicial review vested in Supreme Court; exemption; rules.

(1) A site certificate may be amended with the approval of the Energy Facility Siting Council. The council may establish by rule the type of amendment that may be considered in a contested case proceeding. Notwithstanding ORS 183.482 and 183.484, judicial review of the council’s approval or rejection of a request for an amendment to a site certificate or decision related to or arising from a contested case on an amendment, regardless of whether a contested case was held prior to the council’s decision, is conferred solely on the Supreme Court. If a contested case is not held, only the certificate holder or persons who submitted comments on the request for an amendment in compliance with council rules may seek judicial review. A certificate holder or person who seeks judicial review is limited to the issues the certificate holder or the person raised in their comments. (2) Notwithstanding ORS 34.020 or 197.825, or any other provision of law, the land use approval by an affected local government of a proposed amendment to a facility and the recommendation of the special advisory group of applicable substantive criteria shall be subject to judicial review only as provided in ORS 469.403. If the applicant elects to show compliance with the statewide planning goals by demonstrating that the facility has received local land use approval, the provisions of this section shall apply only to proposed projects for which the land use approval by the local government occurs after the date an application for amendment is submitted to the State Department of Energy. (3) An amendment to a site certificate is not required for a pipeline less than 16 inches in diameter and less than five miles in length that is proposed to be constructed to test or maintain an underground gas storage reservoir. If the proposed pipeline will connect to a council certified surface facility related to an underground gas storage reservoir or to a council certified gas pipeline, whether the proposed pipeline is to be located inside or outside the site of a council certified facility, the certificate holder must obtain, prior to construction, the approval of the department for the construction, operation and retirement of the proposed pipeline. The department shall approve such a proposed pipeline if the pipeline meets applicable council substantive standards. Notwithstanding ORS 469.503 (3), the department may not review the proposed pipeline for compliance with other state standards. Notwithstanding ORS 469.503 (4), or any council rule addressing compliance with land use standards, the department shall not review such a proposed pipeline for compliance with land use requirements. Notwithstanding ORS 469.401 (3), the approval by the department of such pipeline shall not bind any state or local agency. The council may adopt appropriate procedural rules for the department review. The department shall issue an order approving or rejecting the proposed pipeline. Judicial review of a department order under this section shall be as provided in ORS 469.403. (4) Subject to applicable rules adopted by the council, a person who holds a site certificate may request to add area to the approved site boundary without the council requiring an amendment to the site certificate. [1995 c.505 §2; 1999 c.385 §5; 2025 c.305 §3]