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Oregon Revised Statutes

Or. Rev. Stat. § 469.330 (2026)

Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules

✓ current as of May 2026
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      469.330 Notice of intent to file application for site certificate; public notice; standards, application requirements and study requirements; project order; rules. (1) Each applicant for a site certificate shall submit to the Energy Facility Siting Council a notice of intent to file an application for a site certificate. The notice of intent must provide information about the proposed site and the characteristics of the facility sufficient for the preparation of the State Department of Energy’s project order.

      (2) The council shall cause public notice to be given upon receipt of a notice of intent by the council. The public notice shall provide a description of the proposed site and facility in sufficient detail to inform the public of the location and proposed use of the site.

      (3) Following review of the notice of intent and any public comments received in response to the notice of intent, the department may hold a preapplication conference with state agencies and local governments that have regulatory or advisory responsibility with respect to the facility. After the preapplication conference, the department shall issue a project order establishing the statutes, administrative rules, council standards, local ordinances, application requirements and study requirements for the site certificate application. A project order is not a final order.

      (4) A project order issued under subsection (3) of this section may be amended at any time by either the department or the council. [Formerly 453.335; 1977 c.794 §9; 1989 c.88 §1; 1993 c.569 §5; 1995 c.505 §8]

 

      469.340 [1975 c.552 §37; 1975 c.606 §26a; repealed by 1981 c.629 §3]

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1985–2024 · leading case: Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019).
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Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). · cites it 3× “See ORS 469.330 - 370 (setting out the numerous steps in the certificate application process).”
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). · cites it 2× “ORS 469.330(1). ODOE then issues a project order that identifies all stat- utes, administrative regulations, and other requirements that the applicant must satisfy to obtain the site certificate.”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). · cites it 4× “ORS 469.330(1). The council, in turn, distributes public notice of the applicant’s intent, describing the proposed facility and its site in sufficient detail to inform the public of the facility’s use and its location.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). · cites it 3× “ORS 469.330(1). After receiving the NOI, the council notifies the public, providing information regarding the site and the facility.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). · cites it 5× “3 ORS 469.330(1) requires each applicant to file a “notice of intent to file an application for a site certificate,” which notice “must describe the proposed site with sufficient detail to enable the council to identify the proposed site.”
Blue Mountain All. v. Energy Facility Siting Council, 300 P.3d 1203 (Or. 2013). · cites it 9× “As to the initial site certificate application process, ORS 469.330(1) requires an applicant to submit to the council a notice of intent to file a site certificate application.”
Fremont Lumber Co. v. Energy Facility Siting Council, 16 P.3d 1147 (Or. 2001). “, ORS 469.330 (requiring site certificate applicants to file notice of intent; requiring EFSC to give public notice); ORS 469.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). · cites it 2× “ORS 469.330(1). DOE then issues a project order that identifies all statutes, administrative regulations, and other requirements that the applicant must satisfy to obtain the site certificate.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). · cites it 2× “ORS 469.330(1). DOE then issues a project order that identifies all statutes, administrative regulations, and other requirements that the applicant must satisfy to obtain the site certificate.”
Emerald Peoples Util. Dist. v. Energy Facility Siting Council, 902 P.2d 1134 (Or. 1995). “Contextual support for our conclusion that no “application” was involved in this case maybe found in ORS 469.330(1) (1993), which provided in part that an applicant for a site certificate must provide the EFSC with a notice of intent to file such an application, which “must…”
— Or. Rev. Stat. § 469.330(1) — 9 cases
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). “ORS 469.330(1). ODOE then issues a project order that identifies all stat- utes, administrative regulations, and other requirements that the applicant must satisfy to obtain the site certificate.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “See ORS 469.330 - 370 (setting out the numerous steps in the certificate application process).”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “ORS 469.330(1). After receiving the NOI, the council notifies the public, providing information regarding the site and the facility.”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.330(1). The council, in turn, distributes public notice of the applicant’s intent, describing the proposed facility and its site in sufficient detail to inform the public of the facility’s use and its location.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “3 ORS 469.330(1) requires each applicant to file a “notice of intent to file an application for a site certificate,” which notice “must describe the proposed site with sufficient detail to enable the council to identify the proposed site.”
— Or. Rev. Stat. § 469.330(2) — 3 cases
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “ORS 469.330(1). After receiving the NOI, the council notifies the public, providing information regarding the site and the facility.”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.330(1). The council, in turn, distributes public notice of the applicant’s intent, describing the proposed facility and its site in sufficient detail to inform the public of the facility’s use and its location.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “3 ORS 469.330(1) requires each applicant to file a “notice of intent to file an application for a site certificate,” which notice “must describe the proposed site with sufficient detail to enable the council to identify the proposed site.”
— Or. Rev. Stat. § 469.330(3) — 7 cases
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). “ORS 469.330(1). ODOE then issues a project order that identifies all stat- utes, administrative regulations, and other requirements that the applicant must satisfy to obtain the site certificate.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “See ORS 469.330 - 370 (setting out the numerous steps in the certificate application process).”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “ORS 469.330(1). After receiving the NOI, the council notifies the public, providing information regarding the site and the facility.”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.330(1). The council, in turn, distributes public notice of the applicant’s intent, describing the proposed facility and its site in sufficient detail to inform the public of the facility’s use and its location.”
Blue Mountain All. v. Energy Facility Siting Council, 300 P.3d 1203 (Or. 2013). “As to the initial site certificate application process, ORS 469.330(1) requires an applicant to submit to the council a notice of intent to file a site certificate application.”
— Or. Rev. Stat. § 469.330(4) — 1 case
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.330(1). The council, in turn, distributes public notice of the applicant’s intent, describing the proposed facility and its site in sufficient detail to inform the public of the facility’s use and its location.”
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