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.
Ariel Stavitsky
Ariel Stavitsky is an associate in Stoel Rives’ Environment, Land Use and Natural Resources group, with focuses in environmental and natural resource-related litigation, project permitting, and regulatory compliance counseling. She advises and advocates for clients across multiple industries, including energy generation, natural resource production, and manufacturing.
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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
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…