ORS 543.280
Fee payments by licensee


(1)

Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. An applicant for a state preliminary permit for a new hydroelectric project shall submit to the Water Resources Commission a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. For preliminary permits, if the copy of the federal application is filed with the commission at the same time it is filed with the federal agency, at the commission’s discretion, such copy may fulfill the requirements of ORS 543.210 (Preliminary permits), except for the fee requirement in ORS 543.210 (Preliminary permits) (4).

(2)

An applicant for a preliminary permit or license for a project or for a permit to appropriate water for power purposes shall pay to the state a project fee based on the capacity of the project to cover costs of recording, publishing notices, conducting the hearing required by ORS 543.225 (Hearing on application) and making investigations necessary to determine whether a permit should be granted.

(3)

The amount of the total project fee required under subsection (2) of this section shall be:

(a)

For a project of less than 100 theoretical horsepower, $1,000.

(b)

For any project of 100 theoretical horsepower or more, an amount equal to $5,000 plus $1,000 per megawatt for each megawatt of capacity in excess of five megawatts, up to a maximum of $100,000.

(4)

Except for projects of less than 100 theoretical horsepower, the project fee required under subsection (2) of this section shall be payable in advance before each of four stages of project review as established by rule by the Water Resources Commission. The payment schedule shall not require the applicant to pay more than $2,500 of the project fee at the first stage of project review or more than 50 percent of the total project fee in the first two stages of the project review. For a project of less than 100 theoretical horsepower, the applicant shall pay 50 percent of the fee at the time of filing the application for a preliminary permit or application for a permit to appropriate water for power purposes and the remaining 50 percent before the commission issues a license or a water right permit. A person may withdraw an application for a hydroelectric project after any stage of project review without further payment of fees under this section.

(5)

In addition to the project fee required under subsection (2) of this section, any applicant for a project to be sited at a location where anadromous fish or threatened or endangered species are present shall pay a surcharge of 30 percent of the total project fee. The surcharge shall be collected in conjunction with the project fee at each stage of the project review.

(6)

The commission shall provide an applicant a statement itemizing the staff time, resources and costs expended to review the application at each project stage. The statement shall include the costs expended by the State Department of Fish and Wildlife and the Water Resources Department specific to the project. [Amended by 1957 c.581 §1; 1985 c.673 §152; 1991 c.869 §9]

Source: Section 543.280 — Fee payments by licensee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors543.­html.

543.010
Definitions for ORS 543.010 to 543.610
543.012
Applicability of chapter to reauthorization of existing hydroelectric project
543.013
Applicability of chapter and ORS chapter 543A to ocean renewable energy facility
543.015
Policy
543.017
Minimum standards for development of hydroelectric power
543.050
Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records
543.055
Hearings and witnesses
543.060
Investigations
543.075
Definitions for ORS 543.075 to 543.092
543.078
Annual fee for hydroelectric project
543.080
Project specific fees
543.082
Invoice for fees
543.085
Periodic review of annual fee
543.088
Payment of costs or fee for reauthorization or relicensing of project
543.090
Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim
543.092
Amendment of hydroelectric water right or claim
543.095
Challenges to certain statutes related to hydroelectric projects
543.110
Appropriation and use of water for power is governed by this chapter
543.120
Water power projects to be in conformity with this chapter
543.140
Projects or developments constructed by federal government excepted from law
543.150
Municipal corporations and utility districts
543.160
Hydroelectric facility on North Santiam River prohibited
543.165
Hydroelectric facility on part of Deschutes River prohibited
543.170
Hydroelectric facility on Isqúulktpe Creek prohibited
543.175
Hydroelectric facility on Deschutes River within City of Bend prohibited
543.210
Preliminary permits
543.220
Notice of filing of application
543.225
Hearing on application
543.230
Hearings on application
543.250
Permit
543.255
Determination of cumulative impacts of proposed hydroelectric power projects
543.260
Licenses
543.265
Testing of fish protection measures as condition for hydroelectric project permit or license
543.270
Preference in granting permit or license
543.280
Fee payments by licensee
543.290
Filing of maps, plans, estimates and other materials
543.300
Conditions governing license
543.310
Disposition of moneys collected
543.320
Effect of amendment or repeal of law
543.410
Construction of project
543.420
Noncompletion of construction within prescribed time
543.430
Proceedings after completion of project for violation of license terms
543.440
Transfer of license, rights or property
543.525
ORS 543.530 to 543.550 not applicable to regulated utilities
543.530
Issuance by licensee of stocks, bonds or other interest without authorization of Water Resources Commission prohibited
543.540
Consideration for bonds, stocks and other securities
543.550
Liens prohibited
543.560
Bond of licensee or letter of credit securing claims of suppliers
543.610
Acquisition of project by state or municipality
543.650
Policy
543.655
Definitions for ORS 543.650 to 543.685
543.660
Authority of district to enlarge or modify water system and power generating facilities
543.662
Authority of district to develop joint project with private person
543.664
Rules relating to joint projects of districts and private persons
543.665
Authority to issue revenue bonds to acquire hydroelectric facilities
543.670
Manner of issuance of revenue bonds
543.675
Power of eminent domain not to be exercised to acquire hydroelectric facilities
543.680
Compliance with water appropriation laws required
543.685
District board to require weatherization
543.705
Definitions for ORS 543.710 to 543.730
543.710
Annual fee based on horsepower
543.720
Payment of annual fee
543.730
Failure to file statement or pay fees as evidence of abandonment of claim
543.760
Definition of water right
543.765
Certificate to use water for hydroelectric purposes within artificial delivery system
543.990
Penalties
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