The Oregon Energy Facility Siting Council (EFSC) recently finalized rules clarifying its contested case procedures for energy project siting. These updates aim to improve clarity, align procedures with broader administrative rules, and address participation criteria for stakeholders. A contested case hearing resembles an administrative trial and is a culminating step in EFSC’s certification process.
Oregon
New Legislation Authorizes Oregon Energy Facility Siting Council to Certify Standalone Battery Energy Storage Systems but Stops Short of Including Clear Land Use Approval Pathway
By Ariel Stavitsky & Emily Schimelpfenig on
The Oregon Energy Facility Siting Council (EFSC) oversees the siting of large-scale energy facilities like wind and solar power projects, which often include an associated Battery Energy Storage System (BESS). BESS is a critical tool in the decarbonization toolbox, offering backup power when it’s needed and addressing intermittency and other grid limitation problems. Though many…
Oregon Energy Facility Siting Council Proposes Rulemaking to Clarify Contested Case Procedures for Energy Projects
UPDATE 10/30/2024 An update to this post is available here.
The Oregon Energy Facility Siting Council recently finalized rule changes clarifying contested case procedures for large-scale energy project approvals. Key updates include more specific requirements for public participation—such as detailing objections in comments and petitions—and expanding opportunities for issue-raising in contested cases. Additionally, the…
Oregon EFSC Approves Ambitious Rulemaking Schedule for 2024, Clarifies Standby Generator Requirements
By Sarah Stauffer Curtiss on
At its January 26, 2024 meeting, the Oregon Energy Facility Siting Council (EFSC) approved an ambitious rulemaking schedule for 2024 that will include consideration of changes to a wide range of EFSC rules. Detailed information regarding EFSC’s rulemaking projects can be found on EFSC’s website. Notable 2024 rulemaking projects will include potential changes to…
Oregon Raises EFSC Jurisdictional Floor for Solar Facilities: Developers Will Have Additional Permitting Options Starting January 1, 2024
By Sarah Stauffer Curtiss on
On June 23, 2023, the Oregon Legislature passed House Bill (HB) 3179, which changes the definition of energy facilities subject to mandatory Oregon Energy Facility Siting Council (EFSC) jurisdiction. Signed by Oregon’s Governor on July 18, 2023, HB 3179 will go into effect January 1, 2024. HB 3179 will provide more flexibility for certain…
BOEM Launches Process for Offshore Wind Leasing in Oregon
By Chad Marriott on
Today, Bureau of Ocean Energy Management (BOEM) Director Amanda Lefton announced a Call for Information and Nominations (Call) to assess commercial interest in potential offshore wind leasing within two areas off the Oregon coast. Together, the two areas total 1,158,400 million acres located at least 12 miles offshore Coos Bay and Brookings, respectively. Once the…
BOEM Announces Offshore Wind Call Areas in Oregon and Historic Lease Sale in the New York Bight
By Chad Marriott on
On Friday February 25, the Biden administration continued its push to achieve 30 GW of offshore wind by 2030 when the Bureau of Ocean Energy Management (BOEM) announced three Call Areas for the development of floating offshore wind in federal waters off the Oregon coast. The Call Areas, located 13.8 miles off the coast of…
Oregon Department of Energy Seeks Stakeholder Input on Floating Offshore Wind Development
By Stoel Rives Attorney on
The Oregon Department of Energy (ODOE) is kicking off the stakeholder engagement part of its Floating Offshore Wind Study on January 20 at 9 a.m. As directed by HB 3375, ODOE is preparing a report on the challenges and benefits of integrating up to 3 gigawatts (GW) of floating offshore energy into Oregon’s grid by 2030, and it will submit that report to the legislature in September. A summary from the first part of the study, a literature review, should be released soon. Following the kickoff meeting, ODOE anticipates two more virtual meetings, as well as an opportunity to submit comments.
Continue Reading Oregon Department of Energy Seeks Stakeholder Input on Floating Offshore Wind Development
Oregon’s DLCD Finalizes Solar Siting Rules
By Sarah Stauffer Curtiss on
This post was co-authored by Stoel Rives summer associate Ken Pearson.
On May 23, the Oregon Department of Land Conservation and Development made permanent the Temporary Amendments to OAR 660-033-0130, promulgated on January 29, 2019, which restrict the extent to which counties may approve construction of new commercial solar facilities on high-value farm land. You…
Oregon Adopts Temporary Rules Limiting Solar Siting on Certain High-Value Farmlands
By Sarah Stauffer Curtiss on
On January 29, 2019, the Oregon Department of Land Conservation and Development, the state’s land use agency, filed temporary rules amending the standards for siting solar PV facilities on agricultural lands. Although the Land Conservation and Development Commission stopped short of making the changes permanent in order to further consider stakeholder interests at its May…