2017 ORS 469.505¹
Consultation with other agencies

(1) In making a determination regarding compliance with statutes, rules and ordinances administered by another agency or compliance with requirements of ORS 469.300 (Definitions) to 469.563 (Court orders for enforcement) and 469.590 (Definitions for ORS 469.590 to 469.595) to 469.619 (State Department of Energy to make federal regulations available) where another agency has special expertise, consultation with the other agency shall occur during the notice of intent and site certificate application process. Any permit application for which the permitting decision has been delegated by the federal government to a state agency other than the Energy Facility Siting Council shall be reviewed, whenever feasible, simultaneously with the council’s review of the site certificate application. Any hearings required on such permit applications shall be consolidated, whenever feasible, with hearings under ORS 469.300 (Definitions) to 469.563 (Court orders for enforcement) and 469.590 (Definitions for ORS 469.590 to 469.595) to 469.619 (State Department of Energy to make federal regulations available).

(2) Before resolving any conflicting conditions in site certificates or amended site certificates under ORS 469.503 (Requirements for approval of energy facility site certificate) (3) and 469.504 (Facility compliance with statewide planning goals), the council shall notify and consult with the agencies and local governments responsible for administering the statutes, administrative rules or substantive local criteria that result in the conflicting conditions regarding potential conflict resolution. [1993 c.569 §24 (469.501 (Energy facility siting, construction, operation and retirement standards), 469.503 (Requirements for approval of energy facility site certificate), 469.505 (Consultation with other agencies) and 469.507 (Monitoring environmental and ecological effects of construction and operation of energy facilities) enacted in lieu of 469.500 and 469.510); 1997 c.428 §9; 1999 c.385 §11]

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.