2021 Oregon Revised Statutes
Chapter 469 - Energy; Conservation Programs; Energy Facilities
Section 469.020 - Definitions.


(1) "Agency" includes a department or other agency of state government, city, county, municipal corporation, political subdivision, port, people’s utility district, joint operating agency and electric cooperative.
(2) "Coal supplier" means any person engaged in the wholesale distribution in this state of coal intended for use in this state for an energy facility.
(3) "Cost-effective" means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison under this definition shall include but not be limited to:
(a) Cost escalations and future availability of fuels;
(b) Waste disposal and decommissioning costs;
(c) Transmission and distribution costs;
(d) Geographic, climatic and other differences in the state; and
(e) Environmental impact.
(4) "Council" means the Energy Facility Siting Council established under ORS 469.450.
(5) "Department" means the State Department of Energy created under ORS 469.030.
(6) "Director" means the Director of the State Department of Energy appointed under ORS 469.040.
(7) "Energy facility" has the meaning given in ORS 469.300.
(8) "Energy generation area" means an area within which the effects of two or more small generating plants may accumulate so the small generating plants have effects of a magnitude similar to a single generating plant of 25 megawatts or more. An energy generation area for facilities using a geothermal resource and covered by a unit agreement, as provided in ORS 522.405 to 522.545 or by federal law, shall be defined in that unit agreement. If no such unit agreement exists, an energy generation area for facilities using a geothermal resource shall be the area that is within two miles, measured from the electrical generating equipment of the facility, of an existing or proposed geothermal electric power generating plant, not including the site of any other such plant not owned or controlled by the same person.
(9) "Geothermal reservoir" means an aquifer or aquifers containing a common geothermal fluid.
(10) "Nominal electric generating capacity" has the meaning given in ORS 469.300.
(11) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people’s utility district, or any other entity, public or private, however organized.
(12) "Petroleum supplier" means a petroleum refiner in this state, or any person engaged in the wholesale distribution of crude petroleum or derivative thereof or of propane in this state.
(13) "Related or supporting facilities" means any structure, proposed by the applicant, to be constructed or substantially modified in connection with the construction of an energy facility, including associated transmission lines, reservoirs, storage facilities, intake structure, road and rail access, pipelines, barge basins, office or public buildings, and commercial and industrial structures. "Related or supporting facilities" does not include geothermal or underground gas storage reservoirs, production, injection or monitoring wells or wellhead equipment or pumps.
(14) "Site" means a proposed location of an energy facility, and its related or supporting facilities.
(15) "Thermal power plant" has the meaning given that term by ORS 469.300.
(16) "Utility" includes:
(a) An individual, a regulated electrical company, a people’s utility district, a joint operating agency, an electric cooperative, municipality or any combination thereof, engaged in or authorized to engage in the business of generating, transmitting or distributing electric energy;
(b) A person or public agency generating electric energy from an energy facility for its own consumption; and
(c) A person engaged in this state in the transmission or distribution of natural or synthetic gas. [1975 c.606 §2; 1977 c.794 §1; 1979 c.723 §2; 1981 c.629 §1; 1981 c.792 §1; 1991 c.480 §3; 1993 c.569 §1; 1995 c.505 §4; 1995 c.551 §2; 2003 c.186 §16]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 469 - Energy; Conservation Programs; Energy Facilities

Section 469.010 - Policy.

Section 469.020 - Definitions.

Section 469.030 - State Department of Energy; duties.

Section 469.040 - Director; duties; appointment; rules.

Section 469.050 - Limitations on subsequent employment of director; sanctions.

Section 469.055 - Authority of department to require fingerprints.

Section 469.059 - Biennial comprehensive report; contents; compilation; public comment.

Section 469.080 - Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse.

Section 469.085 - Procedure for imposing civil penalties; rules.

Section 469.090 - Confidentiality of information submitted under ORS 469.080.

Section 469.100 - Agency consideration of legislative policy; agency review of rules.

Section 469.110 - Dealings with federal government; intervention by State Department of Energy in agency action.

Section 469.120 - State Department of Energy Account; appropriation; record of moneys.

Section 469.135 - Energy Conservation Clearinghouse for Commerce and Industry.

Section 469.137 - Biogas and renewable natural gas inventory; contents; use; advisory committee.

Section 469.150 - Energy suppliers to provide conservation services and information; rules.

Section 469.155 - Advisory energy conservation standards for dwellings; rules.

Section 469.229 - Definitions for ORS 469.229 to 469.261.

Section 469.233 - Energy efficiency standards.

Section 469.238 - Sale of products not meeting standards prohibited; exemptions.

Section 469.239 - Installation of products not meeting standards prohibited; exemptions.

Section 469.255 - Manufacturers to test products; test methods; certification of products; rules.

Section 469.261 - Department to review standards; rules; postponement of operative dates of standards; application for waiver of federal preemption.

Section 469.300 - Definitions.

Section 469.320 - Site certificate required; exceptions.

Section 469.330 - Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules.

Section 469.350 - Application for site certificate; comment and recommendation.

Section 469.360 - Evaluation of notice of intent, site application or expedited review request; costs; payment.

Section 469.370 - Draft proposed order for hearing; issues raised; final order; expedited processing.

Section 469.373 - Expedited processing for certain natural gas energy facilities.

Section 469.375 - Required findings for radioactive waste disposal facility certificate.

Section 469.378 - Land use compatibility statement for energy facility.

Section 469.401 - Energy facility site certificate; conditions; effect of issuance on state and local government agencies.

Section 469.402 - Delegation of review of future action required by site certificate.

Section 469.403 - Rehearing on approval or rejection of application for site certificate or amendment; appeal; judicial review vested in Supreme Court; stay of order.

Section 469.405 - Amendment of site certificate; judicial review; exemption; rules.

Section 469.407 - Amendment of application to increase capacity of facility.

Section 469.409 - Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard; binding arbitration to resolve disputes.

Section 469.410 - Energy facility site certificate applications filed or under construction prior to July 2, 1975; conditions of site certificate; monitoring programs.

Section 469.413 - Power generation from fossil fuels; requirements for new and amended site certificates.

Section 469.421 - Fees; exemptions; assessment of certain utilities and suppliers; penalty.

Section 469.424 - Energy resource suppliers; notice regarding comments in proceedings; rules.

Section 469.426 - Advisory group; energy resource suppliers.

Section 469.430 - Site inspections; compliance reviews.

Section 469.440 - Grounds for revocation or suspension of certificates.

Section 469.441 - Justification of fees charged; judicial review.

Section 469.442 - Procedure prior to construction of transmission line in excess of 230,000 volts; review committee.

Section 469.450 - Energy Facility Siting Council; appointment; confirmation; term; restrictions.

Section 469.460 - Officers; meetings; compensation and expenses.

Section 469.470 - Powers and duties; rules.

Section 469.480 - Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules.

Section 469.501 - Energy facility siting, construction, operation and retirement standards; exemptions; rules.

Section 469.503 - Requirements for approval of energy facility site certificate; carbon dioxide emissions standard; offset funds; use of offset funds by qualifying organization; rules.

Section 469.504 - Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules.

Section 469.505 - Consultation with other agencies.

Section 469.507 - Monitoring environmental and ecological effects of construction and operation of energy facilities.

Section 469.520 - Cooperation of state governmental bodies; adoption of rules by state agencies on energy facility development.

Section 469.525 - Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities; exceptions; rules.

Section 469.533 - State Department of Energy rules for health protection and evacuation procedures in nuclear emergency.

Section 469.535 - Governor may assume control of emergency operations during nuclear accident or catastrophe.

Section 469.540 - Reductions or curtailment of operations for violation of safety standards; notice; time period for repairs; transport and disposal of radioactive materials.

Section 469.550 - Order for halt of plant operations or activities with radioactive material; notice.

Section 469.553 - Active uranium mill or mill tailings disposal facility site certification required; procedure for review; fees.

Section 469.559 - Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site.

Section 469.560 - Records; public inspection; confidential information.

Section 469.561 - Property insurance required; exceptions; filing of policy.

Section 469.562 - Eligible insurers.

Section 469.564 - Records or information for enforcement; correction of violation; determination of compliance; costs.

Section 469.566 - Legislative findings.

Section 469.568 - Construction of ORS 469.566 to 469.583.

Section 469.569 - Definitions for ORS 469.566 to 469.583.

Section 469.571 - Oregon Hanford Cleanup Board; members; appointment.

Section 469.572 - Compensation of board members.

Section 469.573 - Purpose of Oregon Hanford Cleanup Board.

Section 469.574 - Duties of Oregon Hanford Cleanup Board; coordination with Washington.

Section 469.575 - Duties of chairperson of Oregon Hanford Cleanup Board.

Section 469.576 - Review of Hanford as site selected for long-term disposal of high-level radioactive waste.

Section 469.577 - Lead agency; agreements with federal agencies related to long-term disposal of high-level radioactive waste.

Section 469.578 - Oregon Hanford Cleanup Board to implement agreements with federal agencies.

Section 469.579 - Authority to accept moneys; disbursement of funds; rules.

Section 469.581 - Advisory and technical committees.

Section 469.582 - Cooperation with Oregon Hanford Cleanup Board; technical assistance from other state agencies.

Section 469.583 - Rules.

Section 469.584 - Findings.

Section 469.585 - Activities of state related to selection of high-level radioactive waste disposal site.

Section 469.586 - Findings.

Section 469.587 - Position of State of Oregon related to operation of Hanford Nuclear Reservation.

Section 469.590 - Definitions for ORS 469.590 to 469.595.

Section 469.594 - Storage of high-level radioactive waste after expiration of license prohibited; continuing responsibility for storage; implementation agreements.

Section 469.597 - Election procedure; elector approval required.

Section 469.601 - Effect of ORS 469.595 on applications and applicants.

Section 469.605 - Permit to transport required; application; delegation of authority to issue permits; fees; rules.

Section 469.606 - Determination of best and safest route.

Section 469.607 - Authority of council; rules.

Section 469.609 - Annual report to state agencies and local governments on shipment of radioactive wastes.

Section 469.611 - Emergency preparedness and response program; radiation emergency response team; training.

Section 469.613 - Records; inspection; rules.

Section 469.615 - Indemnity for claims against state insurance coverage certification; reimbursement for costs incurred in nuclear incident.

Section 469.617 - Report to legislature; content.

Section 469.631 - Definitions for ORS 469.631 to 469.645.

Section 469.633 - Investor-owned utility program.

Section 469.634 - Contributions for urban and community forest activities by customers of investor-owned utilities; rules; uses.

Section 469.635 - Alternative program of investor-owned utilities.

Section 469.636 - Additional financing program by investor-owned utility for rental dwelling.

Section 469.639 - Billing for energy conservation measures.

Section 469.641 - Conditions for cash payments to dwelling owner by investor-owned utility.

Section 469.643 - Formula for customer charges; rules.

Section 469.649 - Definitions for ORS 469.649 to 469.659.

Section 469.651 - Publicly owned utility program.

Section 469.652 - Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses.

Section 469.653 - Alternative program of publicly owned utility.

Section 469.657 - Conditions for cash payments to dwelling owner by publicly owned utility.

Section 469.700 - Energy efficiency ratings; public information; "single family residence" defined.

Section 469.703 - Home energy performance score system; home energy assessors; reports; database; rules.

Section 469.710 - Definitions for ORS 469.710 to 469.720.

Section 469.715 - Low interest loans for cost-effective energy conservation; rate.

Section 469.717 - When installation to be completed.

Section 469.720 - Energy audit required; permission to inspect required; owner not to receive other incentives.

Section 469.735 - Definitions for ORS 469.730 to 469.745.

Section 469.740 - Rules establishing energy conservation standards for public buildings; bases.

Section 469.750 - State purchase of alternative fuels.

Section 469.752 - Definitions for ORS 469.752 to 469.756.

Section 469.754 - Authority of state agencies to establish projects; use of savings; rules.

Section 469.756 - Rules; technical assistance; evaluations.

Section 469.805 - State members of council; confirmation; qualifications.

Section 469.810 - Conflicts of interest prohibited.

Section 469.815 - Status of members; duties; attendance at public meetings; technical assistance.

Section 469.820 - Term; reappointment; vacancy.

Section 469.825 - Prohibited activities of members.

Section 469.830 - Removal of members; grounds; procedure.

Section 469.835 - Salary of members; staff.

Section 469.840 - Northwest Regional Power and Conservation Account; uses.

Section 469.860 - Definitions for ORS 469.860 to 469.900.

Section 469.863 - Gas utility to adopt commercial energy audit program; rules.

Section 469.865 - Electric utility to adopt commercial energy conservation services program.

Section 469.885 - Publicly owned utility to adopt commercial energy audit program; fee.

Section 469.890 - Publicly owned utility to adopt commercial energy conservation program; fees; rules.

Section 469.895 - Application of ORS 469.890 to 469.900 to publicly owned utility.

Section 469.900 - Duty of commission to avoid conflict with federal requirements.

Section 469.930 - Northwest Interstate Compact on Low-Level Radioactive Waste Management.

Section 469.950 - Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration.

Section 469.990 - Penalties.

Section 469.992 - Civil penalties.