2017 ORS 469.407¹
Amendment of application to increase capacity of facility

(1) A recipient may by amendment of its application for a site certificate or by amendment of its site certificate increase the capacity of the facility if the Energy Facility Siting Council finds that:

(a) The facility will satisfy the conditions of the 500-megawatt exemption, unless modified by the council;

(b) The enlarged facility does not exceed 500 megawatts and meets the applicable carbon dioxide standard provided for in ORS 469.503 (Requirements for approval of energy facility site certificate) (2) for any increase in capacity beyond the capacity of the 500-megawatt exemption; and

(c) The enlarged facility meets all other applicable council standards.

(2) A recipient is deemed to meet any applicable need standard and carbon dioxide emissions standard for the nominal generating capacity of the 500-megawatt exemption provided that the recipient satisfies the conditions of the 500-megawatt exemption, unless the council modifies the conditions.

(3) As used in this section:

(a) “Recipient” means any base load gas plant, as defined in ORS 469.503 (Requirements for approval of energy facility site certificate), determined by the council to have the lowest net monetized air emissions among the applicants participating in a contested case proceeding.

(b) “500-megawatt exemption” means the council order in which a recipient was determined to have the lowest net monetized air emissions. [1997 c.428 §8]

Note: 469.407 (Amendment of application to increase capacity of facility) and 469.409 (Amendment of site certificate to demonstrate compliance with carbon dioxide emissions standard) were added to and made a part of 469.300 (Definitions) to 469.563 (Court orders for enforcement) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Atty. Gen. Opinions

Site certificate require­ment for geothermal pipe­line six inches or greater in diameter which will have ultimate length of longer than five miles, (1979) Vol 40, p 186

Law Review Cita­tions

6 EL 898-900 (1976)

Notes of Decisions

The Energy Facility Siting Council failed to adopt sufficient standards concerning financial ability, qualifica­tions to construct and operate, and power needs. Marbet v. Portland General Electric, 277 Or 447, 561 P2d 154 (1977)

Atty. Gen. Opinions

Permits, licenses and certificate require­ments for “executed site certificate,” (1974) Vol 37, p 103; appoint­ment and reappoint­ment of Council members, (1979) Vol 39, p 619

Law Review Cita­tions

13 WLJ 499 (1977); 57 OLR 334 (1978)

1 Legislative Counsel Committee, CHAPTER 469—Energy; Conservation Programs; Energy Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors469.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 469, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano469.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.