Energy Facility Siting Spotlight: Rulemaking
The Energy Facility Siting Council, which is staffed by the Oregon Department of Energy, is a seven-member volunteer council appointed by the Governor and confirmed by the Senate. EFSC is responsible for overseeing the development of large electric generating facilities, high-voltage transmission lines, gas pipelines, radioactive waste disposal sites, and other projects. This state-level oversight of energy facilities helps ensure Oregon has the energy supply it needs while protecting Oregon’s environment and public safety.
EFSC’s work is guided by Oregon law, also referred to as Oregon Revised Statutes (ORS). ORS Chapter 469 establishes energy facility siting policy, the overall process for siting energy facilities, fee authority, and the authority to establish standards that must be met by facilities. Paired alongside ORS are Oregon Administrative Rules (OAR), which provide guidance and regulation for interpreting or implementing a law.
EFSC and ODOE regularly review siting-related OAR to ensure rules stay up-to-date and relevant for Oregon energy policy. This activity is referred to as administrative rulemaking or just rulemaking.
Visiting ODOE’s website, Oregonians can find a long list of siting rulemakings over the past several years. The rulemaking process is open to the public and ODOE and EFSC encourages interested Oregonians to weigh in on the process (sign up for email updates about EFSC rulemaking). Typically, rulemaking includes the following steps:
Identifying a need to update or create new rules. EFSC and ODOE review potential administrative rule updates annually or on an as-needed basis.
At an EFSC meeting, council will initiate informal rulemaking for a specific topic. Depending on the complexity of the rules, EFSC may appoint a Rulemaking Advisory Committee made up of council members, industry experts, and the public to provide guidance and discussion as ODOE staff draft proposed rules.
After draft proposed rules are available, ODOE staff will seek EFSC input at a council meeting on the draft proposed rules and request to initiate formal rulemaking, which includes issuing a public notice of the rulemaking and filing the formal rulemaking with the Oregon Secretary of State to get the public process started.
ODOE and EFSC will accept public comments on the proposed rules and will usually also hold a public hearing to review the rules and accept oral comments from public attendees.
After the public process concludes, EFSC will consider in a future meeting whether to adopt the rules.
The permanent rules are then filed with the Secretary of State’s office with an assigned effective date.
Recent rulemakings have updated rules for: exemptions for standby generators; regulating radioactive waste in the state; EFSC's contested case process; EFSC’s Protected Areas, Scenic Resources, and Recreation standards; and many others.
As of October 2024, current rulemaking efforts include:
Reviewing rules governing Site Certificate amendments to ensure they are effective and efficient while ensuring good public participation.
Reviewing whether the rules can be updated to encourage more effective communication between site certificate applicants and the federally recognized tribes in Oregon.
Potential amendments to reporting rules for nuclear research reactors (located at Oregon State University and Reed College) to be more consistent with federal reporting and notification requirements. (Expected to be finalized at the end of October 2024.)
Reviewing the carbon monetary offset rule to consider an increase in the current rate. The carbon monetary offset goes into effect for facilities that exceed the carbon standard set by EFSC. (Expected to be finalized at the end of October 2024.)
Reviewing the organization of the rules governing application submission requirements.
Coming up, EFSC will also continue work reviewing and improving rules around the siting application process. Based on the current rulemaking schedule, this includes rules governing:
How the Department of Energy ensures site certificate holders are in compliance with their site certificate requirements;
How site certificate applicants submit and provide notice of applications and amendments; and
The standards used to determine whether a site certificate should be granted to an applicant.
Rulemaking is an important public process to ensure Oregon’s energy facility siting process remains relevant for the state’s energy needs and goals. Learn more on the Oregon Department of Energy’s website.