Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 469B.157

Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification

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      469B.157 Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification. (1) The Director of the State Department of Energy may require the submission of plans, specifications and contract terms, and after examination thereof, may request corrections and revisions of the plans, specifications and terms.

      (2) If the director determines that the proposed acquisition, erection, construction or installation is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.130 to 469B.169 and any applicable rules or standards adopted by the director, the director shall issue a preliminary certificate approving the acquisition, erection, construction or installation of the facility. The certificate shall indicate the potential amount of tax credit allowable and shall list any conditions for claiming the credit.

      (3) The director may issue an order altering, conditioning, suspending or denying preliminary certification if the director determines that:

      (a) The acquisition, erection, construction or installation does not comply with the provisions of ORS 469B.130 to 469B.169 and applicable rules and standards;

      (b) The applicant has previously received preliminary or final certification for the same costs;

      (c) The applicant is unable to demonstrate that the facility would be economically viable without the allowance of additional credits under ORS 315.354;

      (d) The applicant was directly involved in an act for which the director has levied civil penalties or revoked, canceled or suspended any certification under ORS 469B.130 to 469B.169; or

      (e) The applicant or the principal, director, officer, owner, majority shareholder or member of the applicant, or the manager of the applicant if the applicant is a limited liability company, is in arrears for payments owed to any government agency while in any capacity with direct or indirect control over a business. [Formerly 469.210]

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Cascade Kelly Holdings, LLC v. Oregon Department of Energy
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Cascade Kelly Holdings, LLC v. Oregon Department of Energy (2015) orctapp · cites it 2× “145 on or before April 15, 2011; “(b) Receives preliminary certification under ORS 469B.157 before July 1, 2011; and “(c) Receives final certification under ORS 469B.”
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