469.310
Policy. In the
interests of the public health and the welfare of the people of this state, it
is the declared public policy of this state that the siting, construction and
operation of energy facilities shall be accomplished in a manner consistent
with protection of the public health and safety and in compliance with the
energy policy and air, water, solid waste, land use and other environmental
protection policies of this state. It is, therefore, the purpose of ORS 469.300
to 469.563, 469.590 to 469.619, 469.930 and 469.992 to exercise the
jurisdiction of the State of Oregon to the maximum extent permitted by the
United States Constitution and to establish in cooperation with the federal
government a comprehensive system for the siting, monitoring and regulating of
the location, construction and operation of all energy facilities in this
state. It is furthermore the policy of this state, notwithstanding ORS 469.010
(2)(f) and the definition of cost-effective in ORS 469.020, that the need for
new generating facilities, as defined in ORS 469.503, is sufficiently addressed
by reliance on competition in the market rather than by consideration of
cost-effectiveness and shall not be a matter requiring determination by the
Energy Facility Siting Council in the siting of a generating facility, as
defined in ORS 469.503. [Formerly 453.315; 1997 c.428 §1; 2003 c.186 §29]
(Siting)
Notes of Decisions
Application of Portland General Elec. Co. (1977)
or · cites it 8×
“[4] The comparable phrase in the federal Administrative Procedure Act contains the additional words, italicized here, "adversely affected or aggrieved by agency action within the meaning of a relevant statute.”
Don't Waste Oregon Committee v. Energy Facility Siting Council (1994)
or · cites it 2×
“, policy that siting of energy facilities "shall be accomplished in a manner consistent with the protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental policies of this state," ORS…”
Stop B2H Coalition v. Dept. of Energy (2023)
or
“” ORS 469.310. As part of this “comprehensive system,” the statute provides that a site certificate “shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the facil- ity.”
Friends of Parrett Mountain v. Northwest Natural Gas Co. (2003)
or
“Under ORS 469.310, “siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental…”
Blue Mountain Alliance v. Energy Facility Siting Council (2013)
or · cites it 3×
“A related statute, ORS 469.310, supports that construction, affirmatively stating as public policy that “the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety,” among other…”
Gilbert /March v. Dept. of Energy (2025)
or
“” ORS 469.310. Under that system, a party who seeks to build an “energy facility” must obtain authority—known as a “site certificate”—from EFSC before it can proceed.”
Annotations are extracted automatically from the opinions in the
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