Oregon Revised Statutes

Or. Rev. Stat. § 469.470 (2026)

Powers and duties; rules

✓ current as of May 2026
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      469.470 Powers and duties; rules. The Energy Facility Siting Council shall:

      (1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection.

      (2) In accordance with the applicable provisions of ORS chapter 183, and subject to the provisions of ORS 469.501 (3), adopt standards and rules to perform the functions vested by law in the council including the adoption of standards and rules for the siting of energy facilities pursuant to ORS 469.501, and implementation of the energy policy of the State of Oregon set forth in ORS 469.010 and 469.310.

      (3) Encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in performing the functions vested by law in the council.

      (4) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the federal government and affected groups, in furtherance of the purposes of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

      (5) Consult with the Water Resources Commission on the need for power and other areas within the expertise of the council when the Water Resources Commission is determining whether to allocate water for hydroelectric development.

      (6) Perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and responsibilities of the council described in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992. [Formerly 453.455; 1991 c.480 §7; 1993 c.544 §5; 1993 c.569 §19; 1995 c.505 §18]

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1977–2024 · leading case: Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977).
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). · cites it 48× “Its responsibilities concern the selection and certification of sites, ORS 469.470, the operating safety of power plants, their environmental effects, and disposal of their wastes, ORS 469.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). · cites it 6× “16 Marbet addressed two statutes in particular: former ORS 469.470, which provided, in part, that the council shall “[elstablish standards and promulgate rules that applicants for site certificates must meet including, but not limited to, standards of financial ability and…”
Anderson v. Peden, 587 P.2d 59 (Or. 1978). · cites it 2× “Petitioner cites the same decision for the proposition that even so, this may be done only in the form of a "legislative-type" hearing in which other interested persons than the immediate parties can participate.”
Wyers v. Dressler, 601 P.2d 1268 (Or. Ct. App. 1979). · cites it 3× “Plaintiffs first argue that there is a mandatory duty on the basis of ORS 469.470, which states: "The council shall: « ifc ífc ‡ ^ ifc "(7) Perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and…”
Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). · cites it 3× “ORS 469.470(1) provides that EFSC “shall * * * [c]onduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “See ORS 469.470(2) (authorizing the council to "adopt standards and rules to perform the functions vested by law in the council").”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). · cites it 6× “470 for standards ‘that applicants for site certificates must meet,’ indicates that these standards will be available to applicants and to persons opposing applications in sufficiently meaningful terms to guide them in deciding whether and how to submit or oppose an application.”
Fremont Lumber Co. v. Energy Facility Siting Council, 16 P.3d 1147 (Or. 2001). · cites it 2× “Petitioners *571 further argue that any other construction of those statutes renders meaningless the exclusion of uranium mine overburden in ORS 469.”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.470(1) places the responsibility for studying each aspect of site selection with the council: “The Energy Facility Siting Council shall: “(1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all…”
Friends of Columbia Gorge v. Energy Fac. Siting Coun., 486 P.3d 787 (Or. 2021). · cites it 2× “In adopting the rules, the council cited only one statute as authority, ORS 469.470, which allows the council to “adopt standards and rules to perform the functions vested by law in the council.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “The council carries out that task by issuing site certificates to developers.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024). “The council carries out that task by issuing site certificates to developers.”
— Or. Rev. Stat. § 469.470(1) — 4 cases
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). “Its responsibilities concern the selection and certification of sites, ORS 469.470, the operating safety of power plants, their environmental effects, and disposal of their wastes, ORS 469.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “16 Marbet addressed two statutes in particular: former ORS 469.470, which provided, in part, that the council shall “[elstablish standards and promulgate rules that applicants for site certificates must meet including, but not limited to, standards of financial ability and…”
Friends of Parrett Mountain v. Nw. Nat. Gas Co., 79 P.3d 869 (Or. 2003). “ORS 469.470(1) places the responsibility for studying each aspect of site selection with the council: “The Energy Facility Siting Council shall: “(1) Conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all…”
Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). “ORS 469.470(1) provides that EFSC “shall * * * [c]onduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection.”
— Or. Rev. Stat. § 469.470(2) — 4 cases
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). “Its responsibilities concern the selection and certification of sites, ORS 469.470, the operating safety of power plants, their environmental effects, and disposal of their wastes, ORS 469.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005). “16 Marbet addressed two statutes in particular: former ORS 469.470, which provided, in part, that the council shall “[elstablish standards and promulgate rules that applicants for site certificates must meet including, but not limited to, standards of financial ability and…”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “See ORS 469.470(2) (authorizing the council to "adopt standards and rules to perform the functions vested by law in the council").”
Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). “ORS 469.470(1) provides that EFSC “shall * * * [c]onduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection.”
— Or. Rev. Stat. § 469.470(3) — 4 cases
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). “Its responsibilities concern the selection and certification of sites, ORS 469.470, the operating safety of power plants, their environmental effects, and disposal of their wastes, ORS 469.”
Anderson v. Peden, 587 P.2d 59 (Or. 1978). “Petitioner cites the same decision for the proposition that even so, this may be done only in the form of a "legislative-type" hearing in which other interested persons than the immediate parties can participate.”
Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). “ORS 469.470(1) provides that EFSC “shall * * * [c]onduct and prepare, independently or in cooperation with others, studies, investigations, research and programs relating to all aspects of site selection.”
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “470 for standards ‘that applicants for site certificates must meet,’ indicates that these standards will be available to applicants and to persons opposing applications in sufficiently meaningful terms to guide them in deciding whether and how to submit or oppose an application.”
— Or. Rev. Stat. § 469.470(4) — 1 case
Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “470 for standards ‘that applicants for site certificates must meet,’ indicates that these standards will be available to applicants and to persons opposing applications in sufficiently meaningful terms to guide them in deciding whether and how to submit or oppose an application.”
— Or. Rev. Stat. § 469.470(6) — 1 case
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977). “Its responsibilities concern the selection and certification of sites, ORS 469.470, the operating safety of power plants, their environmental effects, and disposal of their wastes, ORS 469.”
— Or. Rev. Stat. § 469.470(7) — 1 case
Wyers v. Dressler, 601 P.2d 1268 (Or. Ct. App. 1979). “Plaintiffs first argue that there is a mandatory duty on the basis of ORS 469.470, which states: "The council shall: « ifc ífc ‡ ^ ifc "(7) Perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and…”
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