2017 ORS 469.450¹
Energy Facility Siting Council
  • appointment
  • confirmation
  • term
  • restrictions

(1) There is established in the State Department of Energy an Energy Facility Siting Council, consisting of seven public members, who shall be appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation).

(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment, but no member shall serve more than two full terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) No member of the council shall be an employee, director or retired employee or director of, or a consultant to, or have any pecuniary interest, other than an incidental interest which is disclosed and made a matter of public record at the time of the appointment to the council, in:

(a) Any corporation or utility operating or interested in establishing an energy facility in this state; or

(b) Any manufacturer of equipment related to the operation or establishment of an energy facility in this state.

(4) No member shall for two years after the expiration of the term of the member accept employment with an owner or operator of an energy facility that is subject to ORS 469.300 (Definitions) to 469.563 (Court orders for enforcement), 469.590 (Definitions for ORS 469.590 to 469.595) to 469.619 (State Department of Energy to make federal regulations available), 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management) and 469.992 (Civil penalties).

(5) Employment of a person in violation of this section shall be grounds for revocation of any license issued by this state or an agency of this state that is held by the owner or operator of the energy facility that employs the person.

(6) The State Department of Energy shall provide clerical and staff support to the council and fund the activities of the council through fees collected under ORS 469.421 (Fees). [Formerly 453.435; 1995 c.551 §12; 2013 c.656 §10]

Atty. Gen. Opinions

Disclosure of energy-related stockholdings by employer of appointee to Energy Facility Siting Council, (1979) Vol 39, p 752

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.