469.501 Energy
facility siting, construction, operation and retirement standards; exemptions;
rules. (1) The
Energy Facility Siting Council shall adopt standards for the siting,
construction, operation and retirement of facilities. The standards may address
but need not be limited to the following subjects:
(a) The
organizational, managerial and technical expertise of the applicant to
construct and operate the proposed facility.
(b) Seismic
hazards.
(c) Areas
designated for protection by the state or federal government, including but not
limited to monuments, wilderness areas, wildlife refuges, scenic waterways and
similar areas.
(d) The financial
ability and qualifications of the applicant.
(e) Effects of
the facility, taking into account mitigation, on fish and wildlife, including
threatened and endangered fish, wildlife or plant species.
(f) Impacts of
the facility on historic, cultural or archaeological resources listed on, or
determined by the State Historic Preservation Officer to be eligible for
listing on, the National Register of Historic Places or the Oregon State
Register of Historic Properties.
(g) Protection of
public health and safety, including necessary safety devices and procedures.
(h) The
accumulation, storage, disposal and transportation of nuclear waste.
(i) Impacts of
the facility on recreation, scenic and aesthetic values.
(j) Reduction of
solid waste and wastewater generation to the extent reasonably practicable.
(k) Ability of
the communities in the affected area to provide sewers and sewage treatment,
water, storm water drainage, solid waste management, housing, traffic safety,
police and fire protection, health care and schools.
(L) The need for
proposed nongenerating facilities as defined in ORS 469.503, consistent with
the state energy policy set forth in ORS 469.010 and 469.310. The council may
consider least-cost plans when adopting a need standard or in determining
whether an applicable need standard has been met. The council shall not adopt a
standard requiring a showing of need or cost-effectiveness for generating
facilities as defined in ORS 469.503.
(m) Compliance
with the statewide planning goals adopted by the Land Conservation and
Development Commission as specified by ORS 469.503.
(n) Soil
protection.
(o) For energy
facilities that emit carbon dioxide, the impacts of those emissions on climate
change. For fossil-fueled power plants, as defined in ORS 469.503, the council
shall apply a standard as provided for by ORS 469.503 (2).
(2) The council
may adopt exemptions from any need standard adopted under subsection (1)(L) of
this section if the exemption is consistent with the state’s energy policy set
forth in ORS 469.010 and 469.310.
(3)(a) The
council may issue a site certificate for a facility that does not meet one or
more of the applicable standards adopted under subsection (1) of this section
if the council determines that the overall public benefits of the facility
outweigh any adverse effects on a resource or interest protected by the
applicable standards the facility does not meet.
(b) The council
by rule shall specify the criteria by which the council makes the determination
described in paragraph (a) of this subsection.
(4)
Notwithstanding subsection (1) of this section, the council may not impose any
standard developed under subsection (1)(b), (f), (j) or (k) of this section to
approve or deny an application for an energy facility producing power from
wind, solar or geothermal energy. However, the council may, to the extent it
determines appropriate, apply any standards adopted under subsection (1)(b),
(f), (j) or (k) of this section to impose conditions on any site certificate
issued for any energy facility. [1993 c.569 §22 (469.501, 469.503, 469.505 and
469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 §20; 1997 c.428 §3;
2001 c.134 §7; 2013 c.263 §1]
Notes of Decisions
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
· cites it 32× “The general need-for-power standard, set out in OAR 345-23-020, was amended in terms that reflected the need-for-power phrasing of the newly enacted ORS 469.501. The exemption from having to demonstrate need for power in applications for natural gas-fired facilities, stated in…”
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023).
· cites it 10× “EFSC then issues a final order “either approving or rejecting the application based upon the standards adopted under ORS 469.501 and any additional statutes, rules or local ordinances determined to be appli- cable to the facility by the project order[.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005).
· cites it 7× “470(2) provides that the council “shall * * * 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[.]” ORS 469.501(1) in turn provides that the…”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019).
“360(1) (requiring council evaluation of applications *66 ); ORS 469.501(1) (requiring council to "adopt standards **393 for the siting, construction, operation and retirement of facilities" and identifying subjects that the standards must address).”
Blue Mountain All. v. Energy Facility Siting Council, 300 P.3d 1203 (Or. 2013).
· cites it 9× “That statute provides, in part: “The site certificate or amended site certificate shall contain conditions for the protection of the public health and safety, for the time for completion of construction, and to ensure compliance with the standards, statutes and rules described…”
Gilbert /March v. Dept. of Energy, 566 P.3d 627 (Or. 2025).
“The rule she relies on provides in part as follows: “[EFSC] may issue or amend a site certificate for a facil- ity that does not meet one or more of the applicable stan- dards adopted under ORS 469.501 if [EFSC] determines that the overall public benefits of the facility…”
Emerald Peoples Util. Dist. v. Energy Facility Siting Council, 902 P.2d 1134 (Or. 1995).
“401(2) (1993) provided in part: “The site certificate shall contain conditions for the protection of the public health and safety and to insure compliance with the standards, statutes and rules described in ORS 469.501 and 469.503. The site certificate shall require both parties…”
Umatilla Cnty. v. Dept. of Energy (Or. 2024).
“The council carries out that task by issuing site certificates to developers. See ORS 469.320(1) (“[N]o facility shall be constructed or expanded unless a site certificate has been 2 Those standards are adopted as DOE regulations.”
Umatilla Cnty. v. Dept. of Energy (Or. 2024).
“The council carries out that task by issuing site certificates to developers. See ORS 469.320(1) (“[N]o facility shall be constructed or expanded unless a site certificate has been 2 Those standards are adopted as DOE regulations.”
— Or. Rev. Stat. § 469.501(1) — 5 cases
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
“The general need-for-power standard, set out in OAR 345-23-020, was amended in terms that reflected the need-for-power phrasing of the newly enacted ORS 469.501. The exemption from having to demonstrate need for power in applications for natural gas-fired facilities, stated in…”
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023).
“EFSC then issues a final order “either approving or rejecting the application based upon the standards adopted under ORS 469.501 and any additional statutes, rules or local ordinances determined to be appli- cable to the facility by the project order[.”
Save Our Rural Oregon v. Energy Facility Siting Council, 121 P.3d 1141 (Or. 2005).
“470(2) provides that the council “shall * * * 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[.]” ORS 469.501(1) in turn provides that the…”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019).
“360(1) (requiring council evaluation of applications *66 ); ORS 469.501(1) (requiring council to "adopt standards **393 for the siting, construction, operation and retirement of facilities" and identifying subjects that the standards must address).”
Blue Mountain All. v. Energy Facility Siting Council, 300 P.3d 1203 (Or. 2013).
“That statute provides, in part: “The site certificate or amended site certificate shall contain conditions for the protection of the public health and safety, for the time for completion of construction, and to ensure compliance with the standards, statutes and rules described…”
— Or. Rev. Stat. § 469.501(1)(L) — 1 case
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
“The general need-for-power standard, set out in OAR 345-23-020, was amended in terms that reflected the need-for-power phrasing of the newly enacted ORS 469.501. The exemption from having to demonstrate need for power in applications for natural gas-fired facilities, stated in…”
— Or. Rev. Stat. § 469.501(1)(f) — 1 case
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023).
“EFSC then issues a final order “either approving or rejecting the application based upon the standards adopted under ORS 469.501 and any additional statutes, rules or local ordinances determined to be appli- cable to the facility by the project order[.”
— Or. Rev. Stat. § 469.501(2) — 2 cases
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
“The general need-for-power standard, set out in OAR 345-23-020, was amended in terms that reflected the need-for-power phrasing of the newly enacted ORS 469.501. The exemption from having to demonstrate need for power in applications for natural gas-fired facilities, stated in…”
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023).
“EFSC then issues a final order “either approving or rejecting the application based upon the standards adopted under ORS 469.501 and any additional statutes, rules or local ordinances determined to be appli- cable to the facility by the project order[.”
— Or. Rev. Stat. § 469.501(3)(a) — 1 case
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023).
“EFSC then issues a final order “either approving or rejecting the application based upon the standards adopted under ORS 469.501 and any additional statutes, rules or local ordinances determined to be appli- cable to the facility by the project order[.”
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