OAR 345-027-0385
Request for Amendment to Extend Construction Deadlines


(1)

The certificate holder may request an amendment to the site certificate to extend the deadlines for beginning or completing construction of the facility, or portion/phase of the facility, that the Council has approved in a site certificate or an amended site certificate by submitting a preliminary request for amendment in accordance with OAR 345-027-0360 (Preliminary Request for Amendment). The preliminary request for amendment must include an explanation of the need for an extension and must be submitted to the Department before the applicable construction deadline, but no earlier than the date twelve months before the applicable construction deadline.

(2)

A preliminary request for amendment received by the Department within the time allowed under section (1) of this rule to extend the deadlines for beginning and completing construction suspends expiration of the site certificate or amended site certificate until the Council acts on the request for amendment. If the Council denies the extension request after the applicable construction deadline, the site certificate is deemed expired as of the applicable construction deadline specified in the site certificate or amended site certificate.

(3)

If the Council grants an amendment under this rule, the Council must specify new deadlines for beginning or completing construction that are the later of:

(a)

Three years from the deadlines in effect before the Council grants the amendment; or

(b)

Following a contested case proceeding conducted pursuant to OAR 345-027-0371 (Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review), two years from the date the Council grants the amendment.

(4)

For requests for amendment to the site certificate received under this rule to extend construction deadlines for facilities or portions of the facility the Council may not grant more than two amendments to extend the deadline for beginning construction of a facility or a phase of a facility.

(5)

For requests for an amendment to the site certificate to extend construction deadlines for facilities, or portions/phases of facilities, not yet in construction, but already approved for construction in the site certificate or amended site certificate prior to October 24, 2017:

(a)

Sections (1) and (2) of this rule apply;

(b)

Sections (3) and (4) of this rule do not apply;

(c)

When considering whether to grant a request for amendment for a deadline extension made under this section, the Council must consider how many extensions it has previously granted; and

(d)

If a request for amendment for a deadline extension made under this section is granted, the Council must specify new deadlines for beginning or completing construction that are not more than two years from the deadlines in effect before the Council grants the amendment.

Source: Rule 345-027-0385 — Request for Amendment to Extend Construction Deadlines, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=345-027-0385.

345‑027‑0110
Termination of a Site Certificate
345‑027‑0210
General
345‑027‑0220
Request for Approval
345‑027‑0230
Review of a Request for Approval
345‑027‑0240
Conditions
345‑027‑0311
Applicability
345‑027‑0313
Certificate Expiration
345‑027‑0350
Changes Requiring an Amendment
345‑027‑0351
Review Processes for Requests for Amendment
345‑027‑0353
Changes Exempt from Requiring an Amendment
345‑027‑0355
Written Evaluations for Changes Not Requiring Amendment
345‑027‑0357
Amendment Determination Request
345‑027‑0359
Pre-Amendment Conference
345‑027‑0360
Preliminary Request for Amendment
345‑027‑0363
Determination of Completeness for a Request for Amendment
345‑027‑0365
Draft Proposed Order for a Request for Amendment
345‑027‑0367
Public Comment and Hearing on the Draft Proposed Order for Requests for Amendment Under Type A Review
345‑027‑0368
Public Written Comment on the Draft Proposed Order for Requests for Amendment Under Type B Review
345‑027‑0371
Proposed Order, Requests for Contested Case and Council’s Final Decision on Requests for Amendment Under Type A Review
345‑027‑0372
Proposed Order and Council’s Final Decision on Requests for Amendment Under Type B Review
345‑027‑0375
Scope of Council’s Review
345‑027‑0380
Type C Review Process for Pre-Operational Requests for Amendment
345‑027‑0385
Request for Amendment to Extend Construction Deadlines
345‑027‑0390
Request by Any Person for Amendment to Apply Later-Adopted Laws
345‑027‑0400
Request for Amendment to Transfer Ownership, Possession or Control of the Facility or the Certificate Holder
Last Updated

Jun. 8, 2021

Rule 345-027-0385’s source at or​.us