(a) A draft proposed final order approving or denying the reauthorization of the water right, which shall include but need not be limited to the findings required for a proposed final order under ORS 543A.120;
(b) Proposed recommendations to the Federal Energy Regulatory Commission under 16 U.S.C. 803(j);
(c) A proposed coordinated state response to the Federal Energy Regulatory Commission, including any additional information requests and recommended conditions to be included in the federal license for the project; and
(d) Proposed recommendations for certification of the project under ORS 468B.040 and 33 U.S.C. 1341, including any proposed conditions under 33 U.S.C. 1341(d).
(2) The team shall submit the second proposed unified state position to the Department of Environmental Quality. The team shall provide public notice and a 60-day opportunity for public comment on the proposals required under subsection (1)(a) to (c) of this section. The Department of Environmental Quality shall concurrently provide public notice and a 60-day opportunity for public comment on the proposed water quality certification decision and conditions required under subsection (1)(d) of this section.
(3) The team shall provide the second proposed unified state position even if an application required under ORS 543A.100 contains incomplete or deficient information or analysis. The second proposed unified state position may reflect the incomplete or deficient information or analysis.
(4) The team may submit to the Federal Energy Regulatory Commission and the applicant any proposed state response, recommendations, conditions or additional information requests, coordinated in accordance with this chapter, at any time necessary to satisfy a deadline established by the Federal Energy Regulatory Commission for the submission, even if the procedures set forth in this section for the development of a second proposed unified state position have not been completed. [1997 c.449 §21; 2001 c.369 §4]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 543A - Reauthorizing and Decommissioning Hydroelectric Projects
Section 543A.005 - Definitions.
Section 543A.025 - Minimum standards for decision on reauthorization of water right; rules.
Section 543A.030 - Notice of intent.
Section 543A.035 - Reauthorization application and public comment.
Section 543A.040 - Process determination.
Section 543A.045 - Public scoping meeting.
Section 543A.060 - Coordination of state and federal reauthorization processes.
Section 543A.065 - Changes to expiration date of water right for existing project.
Section 543A.080 - Submission of preliminary application information.
Section 543A.085 - Public scoping meeting.
Section 543A.090 - Mid-study status report; public meeting; period for comment on status report.
Section 543A.095 - Draft application.
Section 543A.110 - Water quality certification.
Section 543A.115 - Final unified state position.
Section 543A.120 - Proposed final order.
Section 543A.125 - Approval or rejection of application for reauthorization.
Section 543A.130 - Contested case hearing; final order.
Section 543A.135 - Exceptions to final order.
Section 543A.140 - Terms, limitations and conditions of water right.
Section 543A.145 - Water right certificate.
Section 543A.150 - Modification of time limits.
Section 543A.300 - Decommissioning; rules.
Section 543A.305 - Conversion of hydroelectric water right to in-stream water right; exceptions.
Section 543A.400 - Duties of Hydroelectric Application Review Team.
Section 543A.405 - Application fees.
Section 543A.410 - Fee schedule; appeal.
Section 543A.800 - Effect of hydroelectric reauthorization process on existing rights.