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Oregon Revised Statutes

Or. Rev. Stat. § 469.450 (2026)

Energy Facility Siting Council; appointment; confirmation; term; restrictions

✓ current as of May 2026
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      469.450 Energy Facility Siting Council; appointment; confirmation; term; restrictions. (1) There is established in the State Department of Energy an Energy Facility Siting Council, consisting of seven public members, who shall be appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment, but no member shall serve more than two full terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (3) No member of the council shall be an employee, director or retired employee or director of, or a consultant to, or have any pecuniary interest, other than an incidental interest which is disclosed and made a matter of public record at the time of the appointment to the council, in:

      (a) Any corporation or utility operating or interested in establishing an energy facility in this state; or

      (b) Any manufacturer of equipment related to the operation or establishment of an energy facility in this state.

      (4) No member shall for two years after the expiration of the term of the member accept employment with an owner or operator of an energy facility that is subject to ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (5) Employment of a person in violation of this section shall be grounds for revocation of any license issued by this state or an agency of this state that is held by the owner or operator of the energy facility that employs the person.

      (6) The State Department of Energy shall provide clerical and staff support to the council and fund the activities of the council through fees collected under ORS 469.421. [Formerly 453.435; 1995 c.551 §12; 2013 c.656 §10]

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1985–2024 · leading case: Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023).
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Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). · cites it 2× “ORS 469.450(1). ODOE is responsible for provid- ing staff support and funding for EFSC.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). · cites it 2× “BACKGROUND The council consists of seven public members, ORS 469.450(1), who oversee the development of large energy facilities in Oregon, including electric power generating plants, high-voltage transmission lines, gas pipelines, and radioactive waste disposal sites, among…”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “ORS 469.450, 469.470. Teledyne Wah Chang Albany (Teledyne) manufactures zirconium and other rare metals at a plant located in Millersburg, near Albany, Oregon.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “As we will explain, we conclude that the council was authorized to approve Nolin Hills’s site certificate even if the proposed facility does not pass through more than three land use zones and even if it does not comply with all of the county’s recommended substantive criteria.…”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “As we will explain, we conclude that the council was authorized to approve Nolin Hills’s site certificate even if the proposed facility does not pass through more than three land use zones and even if it does not comply with all of the county’s recommended substantive criteria.…”
— Or. Rev. Stat. § 469.450(1) — 2 cases
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). “ORS 469.450(1). ODOE is responsible for provid- ing staff support and funding for EFSC.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “BACKGROUND The council consists of seven public members, ORS 469.450(1), who oversee the development of large energy facilities in Oregon, including electric power generating plants, high-voltage transmission lines, gas pipelines, and radioactive waste disposal sites, among…”
— Or. Rev. Stat. § 469.450(6) — 2 cases
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). “ORS 469.450(1). ODOE is responsible for provid- ing staff support and funding for EFSC.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “BACKGROUND The council consists of seven public members, ORS 469.450(1), who oversee the development of large energy facilities in Oregon, including electric power generating plants, high-voltage transmission lines, gas pipelines, and radioactive waste disposal sites, among…”
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