2011 ORS § 543A.400¹
Duties of Hydroelectric Application Review Team

(1) The duties of a Hydroelectric Application Review Team shall be determined on the basis of the operating authority of the project that the team is responsible for reviewing.

(2) A team responsible for reviewing a state project shall:

(a) Make an initial determination of whether the state project may proceed under an expedited reauthorization process under ORS 543A.040 (Process determination) and, if so, develop a proposed final order under ORS 543A.040 (Process determination).

(b) If a state project does not qualify for the expedited process under ORS 543A.040 (Process determination):

(A) Convene a public scoping meeting under ORS 543A.045 (Public scoping meeting);

(B) Review the application report and prepare a draft proposed final order under ORS 543A.055 (Hydroelectric Application Review Team review of application);

(C) Revise the draft proposed final order and submit the proposed final order to the Water Resources Department for further processing as set forth in ORS 543A.120 (Proposed final order) to 543A.300 (Decommissioning); and

(D) Review protests received and recommended responses to the protests as required under ORS 543A.120 (Proposed final order).

(3) A team responsible for reviewing a federally licensed project shall:

(a) Represent the state in any federal proceeding to reauthorize the federal license for the project;

(b) Participate in the state process in accordance with ORS 543A.085 (Public scoping meeting), 543A.090 (Mid-study status report), 543A.105 (Hydroelectric Application Review Team review of final application), 543A.110 (Water quality certification) and 543A.115 (Final unified state position);

(c) Recommend a state response to a request for certification for reauthorization of a federally licensed project under ORS 468B.040 (Certification of hydroelectric power project); and

(d) Develop a state position as required under 16 U.S.C. 803(j).

(4) The Water Resources Department may also convene a team to:

(a) Coordinate the activities of all state agencies involved in decommissioning a project.

(b) Develop a unified state position for a project that is subject to federal relicensing but that operates under a water right that does not expire. The unified state position developed under this paragraph shall include the elements set forth in ORS 543A.105 (Hydroelectric Application Review Team review of final application) except for the reauthorization of the state water right. In developing the unified state position under this paragraph the team shall participate to the fullest extent possible in all proceedings conducted pursuant to the Federal Energy Regulatory Commission relicensing process for the project. [1997 c.449 §32]