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Oregon Revised Statutes

Or. Rev. Stat. § 469.607 (2026)

Authority of council; rules

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      469.607 Authority of council; rules. (1) After consultation with the Department of Transportation and other appropriate state, local and federal agencies, the Energy Facility Siting Council by rule:

      (a) May fix requirements for notification, record keeping, reporting, packaging and emergency response;

      (b) May designate those routes by highway, railroad, waterway and air where transportation of radioactive material can be accomplished safely;

      (c) May specify conditions of transportation for certain classes of radioactive material, including but not limited to, specific routes, permitted hours of movement, requirements for communications capabilities between carriers and emergency response agencies, speed limits, police escorts, checkpoints, operator or crew training or other operational requirements to enhance public health and safety; and

      (d) May establish requirements for insurance, bonding or other indemnification on the part of any person transporting radioactive material into or within the State of Oregon under ORS 469.603 to 469.619 and 469.992.

      (2) The requirements imposed by subsection (1) of this section must be consistent with federal Department of Transportation and Nuclear Regulatory Commission rules.

      (3) Rules adopted under this section shall be adopted in accordance with the provisions of ORS chapter 183. [1981 c.707 §6; 1989 c.6 §5; 1995 c.733 §45]

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Emerald Peoples Util. Dist. v. Energy Facility Siting Council, 902 P.2d 1134 (Or. 1995).
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Emerald Peoples Util. Dist. v. Energy Facility Siting Council, 902 P.2d 1134 (Or. 1995). “Compare ORS 469.607 (concerning the EFSC’s authority to adopt rules regarding transportation for certain classes of radioactive material).”
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