1. (1) The governing board of a consumer-owned utility, or entity acting on behalf of one or more governing boards, may submit a plan for a generating facility to become a low-carbon emissions resource to the department. The department will make a determination as to whether the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations at the generating facility. The plan must contain sufficient technical documentation to demonstrate:

   1. (a) The net greenhouse gas emissions from the generating facility taking into account any greenhouse gas emissions that are captured, sequestered, or otherwise prevented from being released into the atmosphere — will be at or below the greenhouse gas emissions standard established in this rule;
   2. (b) Additional capacity or capability exists to lower net greenhouse gas emissions over time to meet potential reductions in the greenhouse gas emissions standard;
   3. (c) To the extent that maintenance of the low-carbon emissions resource requires one or more feedstocks, that sufficient supply of the feedstock(s) will be available for use by the generating facility;
   4. (d) How other conditions identified by the governing board(s) to meet and maintain the low-carbon emissions resource status over time can and will be met by the generating facility.
2. (2) The department determination that the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations must be obtained prior to entering into a long-term commitment with that generating facility.
3. (3) The department will begin a review within 90 days of receipt of a plan and provide a determination to the governing board(s) as to whether the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations. A plan may be re-submitted to the department for reconsideration if additional technical documentation is available.
4. (4) If the Oregon Public Utility Commission makes a determination pursuant to ORS 757.531(2)(c) that a plan for a generating facility to become a low-carbon emissions resource is sufficient then the governing board of a consumer-owned utility may consider that determination to provide a sufficient demonstration for purposes of ORS 757.533(2)(c) to consider the same generating facility, utilizing the same plan and under the same time frame, as a low-carbon emissions resource in lieu of a review of that plan by the department.
5. (5) The department may waive the need or alter the timeline to submit a plan to become a low-carbon emissions resource for good cause shown.

Statutory/Other Authority

ORS 757.522 - 757.538 & 469.040

Statutes/Other Implemented

ORS 757.522 - 757.538

History

DOE 9-2011, f. & cert. ef. 11-22-11