2017 ORS 469.424¹
Energy resource suppliers
  • notice regarding comments in proceedings
  • rules

(1) As used in this section, “energy resource supplier” has the meaning given that term in ORS 469.421 (Fees).

(2)(a) If the State Department of Energy submits comments or written or oral testimony in a rulemaking, contested case, ratemaking or other proceeding conducted by another agency, as defined in ORS 183.310 (Definitions for chapter), and if the comment or testimony is about a substantive matter at issue in the proceeding, the department shall provide, once for each proceeding, notice to energy resource suppliers as described in this section.

(b) If the department submits written comments or intervenes in a proceeding conducted by a federal agency, the department shall provide, once for each proceeding, notice to energy resource suppliers as described in this section.

(c) This section does not apply to:

(A) The department’s participation in a procedural matter related to a proceeding described in paragraph (a) or (b) of this subsection;

(B) The department’s participation in a federal facility siting proceeding;

(C) The department’s work with the Energy Facility Siting Council;

(D) The department’s work on nuclear safety and emergency preparedness; or

(E) Federal judicial or legislative proceedings.

(3) The department shall create and maintain a list of energy resource suppliers that request to receive notice described in subsection (2) of this section. The department may create separate lists for the different types of proceedings.

(4) Notice provided under this section may be provided by electronic mail and must include a description of the department’s interest in the proceeding.

(5) Except as provided in subsection (6) of this section, notice must be provided under this section:

(a) No later than seven days before submitting initial comments on a substantive matter at issue in a rulemaking proceeding described in subsection (2)(a) of this section or a proceeding involving the adoption of federal regulations;

(b) No later than 15 days before submitting initial comments or written or oral testimony on a substantive matter at issue in a contested case, ratemaking or other proceeding described in subsection (2)(a) of this section; or

(c) No later than 15 days before submitting initial written comments or written testimony on a substantive matter at issue in a proceeding conducted by a federal agency other than a proceeding involving the adoption of federal regulations.

(6) If providing notice in accordance with subsection (5) of this section is prejudicial to the department’s ability to participate in a rulemaking, contested case, ratemaking or other proceeding described in subsection (2) of this section, the department may provide notice as soon as it is practicable to provide notice. If the department provides notice as described in this subsection, the department shall include in the notice an explanation of why providing notice in accordance with subsection (5) of this section is prejudicial to the department.

(7) The department may adopt rules as necessary to implement this section. [2013 c.656 §6]

Note: 469.424 (Energy resource suppliers) was added to and made a part of 469.300 (Definitions) to 469.563 (Court orders for enforcement) by legislative action but was 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.