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State
Oregon Regulations
CHAP 345 DIVISION 75 GENERAL STANDARDS FOR ISSUANCE OF SITE CERTIFICATES FOR NUCLEAR-FUELED THERMAL POWER PLANTS




The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL

DIVISION 75

GENERAL STANDARDS FOR ISSUANCE OF

SITE CERTIFICATES FOR

NUCLEAR-FUELED THERMAL POWER PLANTS



345-075-0010

Purpose

The purpose of these rules is to establish general standards that applicants for site certificates must meet. The Council will apply the general standards in reaching a decision for or against issuance of a site certificate for the construction and operation of an "energy facility" consisting of a nuclear-fueled thermal power plant and its "related or supporting facilities", as those terms are defined in ORS 469.300(10) and (13), respectively. The same general standards will be applied by the Council in deciding whether an existing site certificate should be amended to the extent and in the manner amendment is authorized by the site certificate. When the Council deems necessary and appropriate, it will adopt additional or more specific standards. Rules will be adopted sufficiently in advance of the close of testimony at a hearing to allow the parties to address the rule, or if after the close of testimony, in sufficient time to allow the parties an opportunity to supplement their testimony to offer evidence relating to the new rule.

Stat. Auth.: ORS 469
Stats. Implemented: ORS 469.501 & ORS 469.595
Hist.: EFSC 18, f. & ef. 9-2-77; EFSC 4-1981, f. & ef. 3-25-81

345-075-0015

Interpretation and Definitions

(1) Interpretation:

(a) These rules shall be interpreted so as to effectuate the purposes of ORS 469.300 through 469.570, 469.990, and 469.992 governing energy facility siting in Oregon. The fundamental policy of the law is set out in ORS 469.310;

(b) For the purposes of OAR 345-075-0025(2), (3), and (4), in determining what is "reasonably practicable", the Council will reach a conclusion in most cases by finding whether a proposed facility complies with the requirement of other agencies, such as the Federal Nuclear Regulatory Commission of the Oregon Department of Environmental Quality. See ORS 469.400.

(2) Definitions:

(a) The definitions set out in ORS 469.300 are hereby incorporated as the definitions to be used in interpreting these rules, unless a particular term is otherwise specifically defined within the terms of these rules;

(b) The term "facility" means an energy facility consisting of a nuclear-fueled thermal power plant and its related or supporting facilities;

(c) The term "operation" of a facility includes the accumulation, storage, transportation and disposal of waste and by-products from such facility.

Stat. Auth.: ORS 469
Stats. Implemented: ORS 469.300 & ORS 469.590
Hist.: EFSC 18, f. & ef. 9-2-77; EFSC 4-1981, f. & ef. 3-25-81

345-075-0020

Affirmative Recommendation -- Criteria

The Council will make a determination as to whether each of its applicable standards, including any additional or more specific standards than those contained herein, has been met by an applicant for a site certificate. If such standards are met, the Council will approve the application for a site certificate.

Stat. Auth.: ORS 469
Stats. Implemented: ORS 469.470
Hist.: EFSC 18, f. & ef. 9-2-77; EFSC 6-1978, f. & ef. 5-22-78

345-075-0025

Mandatory Findings

In order to carry out the policy directive of ORS 469.310, the Council shall approve the application for the site certificate only if it finds that:

(1) There will be a need for the proposed energy facility based, upon evidence that:

(a) There will be a demand for the energy to be supplied by the proposed energy facility, demonstrated by demand forecasting evidence which;

(A) Identifies the contribution of major customer classes to total demand; and

(B) Explains how total demand results from assumptions made regarding various factors which influence energy demand including, but not limited to, population levels, personal income levels, employment levels, energy prices and the effects of conservation and alternative energy programs likely to be in effect during the demand forecasting period.

(b) The proposed facility is a prudent method of meeting all or a part of the demand from an economic cost standpoint taking into account the energy supply system of which it will be a part and other alternatives reasonably available to the applicant. For the purposes of this rule, alternatives include but are not limited to conservation and energy production and generation methods or facilities not regulated by the Council.

(2) Risk of injury to the public health and safety in Oregon, or in adjacent areas that might be directly impacted, from the construction, operation, or retirement of the facility will be reduced to that extent which is reasonably practicable. For the purposes of this section, "operation" of the facility includes:

(a) Those items specified in OAR 345-075-0015(2)(c);

(b) Abnormal operation or malfunction of the facility's systems or equipment;

(c) Adverse impacts upon the facility resulting from reasonably foreseeable natural events;

(d) Acts of theft from or sabotage at the facility;

(e) Interaction of the facility with existing activities carried on in its vicinity.

(3)(a) Reasonably foreseeable disruption to and adverse impacts upon the environment in Oregon, or in adjacent areas that might be directly impacted, including, but not limited to, those caused by discharges of chemicals, waste, heat, moisture, sanitary wastes, and radioactivity from the construction, operation, and retirement of the facility will be reduced to that extent which is reasonably practicable;

(b) With respect to site certificate applications filed prior to July 1, 1975, the proposed plant is not the location of an endangered plant or species, as defined in 50 CFR Part 17 as of January 20, 1978, whose continued existence would be significantly threatened by construction on the site;

(c) With respect to site certification applications filed after July 1, 1975, construction and operation of the proposed facility will not jeopardize the continued existence of any of the following species, or destroy habitat critical to continued existence of these species:

(A) Wildlife:

(i) Deer, Columbian white-tailed (Odocoileus virginianus leucurus);

(ii) Wolf, Gray (Canis lupus);

(iii) Eagle, Bald (Haliaeetus leucocephalus);

(iv) Falcon, American peregrine (Falco peregrinus anatum);

(v) Falcon, Arctic peregrine (Falco peregrinus tundrius);

(vi) Goose, Aleutian Canada (Branta canadensis leucopareia);

(vii) Pelican, brown (Pelecanus occidentalis);

(viii) Butterfly, Oregon silverspot (Speyeria zerene hippolyta).

(B) Plants;

(C) Any of the 51 species proposed by the Fish and Wildlife Service as endangered in Oregon by publication in the Federal Register (41 FR 24524; June 16, 1976).

NOTE: The species identified in subsection (c) consist of endangered and threatened wildlife and plants listed as of October 1, 1978, in 50 CFR Part 17 with a range which includes Oregon, and species in Oregon proposed by the Fish and Wildlife Service for addition to the list in 50 CFR Part 17 as published in the Federal Register.

(4) The applicant will make beneficial use of wastes and by-products produced by construction and operation of the proposed facility, including, but not limited to, heat, to the extent that such beneficial use is reasonably practicable.

(5)(a) With respect to site certificate applications filed after July 1, 1975, siting, construction, and operation of the proposed facility will be carried out in conformance with state-wide planning goals and in conformance with comprehensive land use plans and zoning ordinances of political subdivisions in which the facility is to be located in effect on the date of filing of the notice of intent or the application for the facility, whichever is earlier;

(b) With reference to any site certificate application filed prior to July 1, 1975, siting, construction, and operation of the proposed facility will be carried out in conformance with state-wide planning goals and in conformance with comprehensive land use plans and zoning ordinances of political subdivisions in which the facility is to be located in effect on the effective date of this rule.

(6) Construction and operation of the proposed facility will be conducted in a manner to avoid adverse impacts upon historic or archaeological sites, to the extent that relocation of the facility on the site can be accomplished consistent with the Council's other standards.

(7) The requirements for water used in construction and operation of the facility can be met without infringing upon the existing water rights of other persons.

(8) The applicant has the organizational, managerial, and technical expertise to construct, operate, and retire the proposed facility. To this end, the applicant shall present evidence relating to:

(a) The applicant's previous experience, if any, in constructing, operating, and retiring similar facilities;

(b) The qualifications of the applicant's personnel who will be responsible for constructing, operating, and retiring the facility; and

(c) The qualifications of any architect-engineer, major component vendor, or prime contractor upon whom the applicant will rely in constructing, operating, and retiring the facility.

(9) The applicant, together with all co-owners, possesses or has reasonable assurance of obtaining the funds necessary to cover estimated construction costs, operating costs for the design lifetime of the facility, including, but not limited to, related fuel cycle costs, and the estimated costs of retiring the facility.

(10)(a) The applicant has identified the major and reasonably foreseeable socio-economic impacts on individuals and communities located in the vicinity of the proposed facility resulting from construction and operation, including, but not limited to, anticipated need for increased governmental services or capital expenditures;

(b) The affected area can absorb the projected industrial and population growth resulting from construction and operation of the facility.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency]

Stat. Auth.: ORS 469
Stats. Implemented: ORS 469.501 & ORS 469.601
Hist.: EFSC 18, f. & ef. 9-2-77; EFSC 19, f. & ef. 12-30-77; EFSC 6-1978, f. & ef. 5-22-78; EFSC 7-1978, f. & ef. 7-21-78; EFSC 2-1979, f. & ef. 8-1-79


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