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Oregon Revised Statutes

Or. Rev. Stat. § 469.350 (2026)

Application for site certificate; comment and recommendation

✓ current as of May 2026
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      469.350 Application for site certificate; comment and recommendation. (1) Applications for site certificates shall be made to the Energy Facility Siting Council in a form prescribed by the council and accompanied by the fee required by ORS 469.421.

      (2) Copies of the notice of intent and of the application shall be sent for comment and recommendation within specified deadlines established by the council to the Department of Environmental Quality, the Water Resources Commission, the State Fish and Wildlife Commission, the Water Resources Director, the State Geologist, the State Forestry Department, the Public Utility Commission of Oregon, the State Department of Agriculture, the Department of Land Conservation and Development, the Oregon Department of Aviation, any other state agency that has regulatory or advisory responsibility with respect to the facility and any city or county affected by the application.

      (3) Any state agency, city or county that is requested by the council to comment and make recommendations under this section shall respond to the council by the specified deadline. If a state agency, city or county determines that it cannot respond to the council by the specified deadline because the state agency, city or county lacks sufficient resources to review and comment on the application, the state agency, city or county shall contract with another entity to assist in preparing a response. A state agency, city or county that enters into a contract to assist in preparing a response may request funding to pay for that contract from the council pursuant to ORS 469.360.

      (4) The State Department of Energy shall notify the applicant whether the application is complete. When the department determines an application is complete, the department shall notify the applicant and provide notice to the public. [Formerly 453.345; 1977 c.794 §10; 1989 c.88 §2; 1993 c.569 §6; 1995 c.505 §9; 2001 c.683 §10; 2009 c.399 §4]

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1977–2024 · leading case: Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977).
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Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). · cites it 4× “520, and in the council's procedures, ORS 469.350(3), 469.370(1), 469.380, ORS 469.”
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). · cites it 2× “ORS 469.350. If ODOE determines that an application is com- plete, it issues a draft proposed order and gives the public an opportunity to comment.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). · cites it 4× “See ORS 469.350 (describing required process).”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). · cites it 3× “ORS 469.350(1). The applicant’s NOI and application then are distributed to various state agencies, as well as any city or county affected by the application, for comments and recommendations.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “ORS 469.350(1). Staff reviews the application and feedback from state agencies and local governments and then issues a draft proposed order recommending approval or rejection of the application.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). · cites it 4× “ORS 469.350. 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.”
Forelaws on Bd. v. Energy Facility Siting Council, 734 P.2d 370 (Or. Ct. App. 1987). ““(2) The Energy Facility Siting Council shall review an application for a site certificate under this section using the procedure prescribed in ORS 469.350, 469.360, 469.370, 469.375, 469.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). · cites it 2× “See ORS 469.350(1) (requir- ing applicants to submit their application to the council).”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). · cites it 2× “See ORS 469.350(1) (requir- ing applicants to submit their application to the council).”
Forelaws On Bd. v. Energy Facility Siting Council, 767 P.2d 899 (Or. 1989). ““(2) The Energy Facility Siting Council shall review an application for a site certificate under this section using the procedure prescribed in ORS 469.350, 469.360, 469.370, 469.375, 469.”
— Or. Rev. Stat. § 469.350(1) — 6 cases
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “ORS 469.350(1). Staff reviews the application and feedback from state agencies and local governments and then issues a draft proposed order recommending approval or rejection of the application.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “See ORS 469.350 (describing required process).”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.350(1). The applicant’s NOI and application then are distributed to various state agencies, as well as any city or county affected by the application, for comments and recommendations.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “ORS 469.350. 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.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “See ORS 469.350(1) (requir- ing applicants to submit their application to the council).”
— Or. Rev. Stat. § 469.350(2) — 2 cases
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “See ORS 469.350 (describing required process).”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.350(1). The applicant’s NOI and application then are distributed to various state agencies, as well as any city or county affected by the application, for comments and recommendations.”
— Or. Rev. Stat. § 469.350(3) — 2 cases
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). “520, and in the council's procedures, ORS 469.350(3), 469.370(1), 469.380, ORS 469.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “ORS 469.350. 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. § 469.350(4) — 5 cases
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). “ORS 469.350. If ODOE determines that an application is com- plete, it issues a draft proposed order and gives the public an opportunity to comment.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “See ORS 469.350 (describing required process).”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.350(1). The applicant’s NOI and application then are distributed to various state agencies, as well as any city or county affected by the application, for comments and recommendations.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “See ORS 469.350(1) (requir- ing applicants to submit their application to the council).”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “See ORS 469.350(1) (requir- ing applicants to submit their application to the council).”
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