Energy Facilities Spotlight: Meeting the Standards
Oregon’s Energy Facility Siting Council, commonly called EFSC, is a seven-member council appointed by the Governor and confirmed by the Oregon Senate. They are responsible for overseeing the development of large electric generating facilities, high-voltage transmission lines, gas pipelines, radioactive waste disposal sites, and other energy projects. The Oregon Department of Energy staffs EFSC to ensure they have the information and analysis they need to make their decisions.
A proposed energy facility in state jurisdiction must go through a thorough review, including a robust public involvement process, before gaining EFSC approval and receiving a site certificate. The site certificate is similar to a permit, and outlines the requirements and standards that must be met for pre-construction, construction, and compliance for operating a facility.
EFSC has a set of standards that energy facilities must meet, including standards to protect natural resources, ensure public health and safety, and protect against adverse environmental effects. A handful of the standards include:
General Standard of Review. This requires a proposed energy facility to comply with all applicable Oregon standards, statutes, and rules, including those of other state agencies. EFSC consults with other agencies to determine compliance with this standard, such as noise considerations and water pollution control through the Oregon Department of Environmental Quality, or water right transfers or temporary water rights through the Oregon Water Resources Department, among others.
Organizational Expertise. An applicant has to prove they have the abilities and resources to build, operate, and retire a facility. In determining compliance with this standard, EFSC considers the applicant’s past experience with similar projects, any regulatory citations, and other evidence of technical, managerial, and organizational expertise.
Retirement and Financial Assurance. It’s important that at the end of a facility’s life, the site be returned to a useful, non-hazardous condition. This end of life could happen at any time — from during construction to after a facility has been operating. To ensure each facility can be returned to that useful, non-hazardous condition, EFSC includes a condition in every site certificate that requires a bond or letter of credit, for an amount established by EFSC, to be in place before construction begins to provide funds for site restoration. The bond or letter of credit must be maintained for the life of the facility, and is adjusted annually to account for inflation and other factors.
Historic, Cultural, and Archaeological Resources. This standard is intended to protect the public interest in preserving historic, cultural, or archaeological resources, including sites listed on, or eligible for listing on, the National Register of Historic Places. To comply with this standard, EFSC must find that the applicant has conducted appropriate surveys at the proposed site to identify historic, cultural, or archaeological resources. If the project involves construction that would affect an archaeological site, then the applicant may need a permit from the State Historic Preservation Office in addition to the site certificate.
If previously unidentified sites or archaeological objects are discovered during construction of an energy facility, site certificate conditions typically require an immediate halt to site-disturbing activities until a qualified archaeologist can examine the site to ensure significant historic, cultural, or archaeological resources are protected.
Wildfire Prevention and Risk Mitigation. This standard is intended to ensure that an applicant takes adequate measures to reduce the risk of wildfires. They must first identify a baseline wildfire risk, as well as a seasonal wildfire risk. The applicant must also identify areas subject to a heightened risk of wildfire and all high-fire consequence areas, such as areas containing critical infrastructure, recreation opportunities, timber and agricultural resources, and fire-sensitive wildlife habitat. The applicant must then create an EFSC-approved Wildfire Mitigation Plan, which describes, at a minimum: schedules and procedures for inspecting facility components and managing vegetation in the area, preventative actions to minimize the risk of a facility caused wildfire, and all efforts by the applicant to reduce the risk to public health and safety from any wildfire at the facility site, regardless of the ignition source.
These are just a few of the standards facilities must meet to earn approval for construction and operation in Oregon. There are also standards for protected areas, soil protection, fish and wildlife habitat, recreation, and many others.
The standards help ensure facilities are safe and protective of Oregon’s public health and environment while supporting the energy needs across the state. Learn more about all of EFSC’s standards on ODOE’s website. You can also sign up for email updates on EFSC’s activities and join future Council meetings to stay in the loop.