1. (1) No later than 21 days after the deadline for possible sur-replies related to the proposed order discussed in 345-027-0367(8)(e), the Department must issue a draft of the final order with written analysis of any comments on the proposed order, including analysis of any responses, replies, and sur-replies, and indicate whether it recommends any changes to the proposed order. If the Department recommends any changes, it will include them in a draft of the final order.
2. (2) The Department may issue the draft of the final order at a later date, but the Department must post an update of the date by which it will issue the draft of the final order on the Department’s webpage for the facility.

3. (3) The Department must issue notice of a draft of the final order by:

   1. (a) Sending notice of the draft of the final order by mail or email to all persons, agencies, or organizations who commented during the public comment period; and
   2. (b) Posting an announcement of the draft of the final order on the Department's webpage for the facility.

4. (4) Notice of the draft must include:

   1. (a) A description of the facility and the facility’s general location;
   2. (b) The physical address and website where the public may review copies of the draft of the final order;
   3. (c) The name, address, email address and telephone number of the Department representative to contact for more information; and
   4. (d) The date of the Council’s review of the draft final order and all related comments, responses, replies, and sur-replies.
5. (5) The Department may summarize the analysis it conducted to produce the draft of the final order at Council’s review of the draft of the final order.
6. (6) The Council, at its discretion, may pose questions to the Department, the Department of Justice, persons who commented on the proposed order, and/or the certificate holder.
7. (7) After reviewing the written analysis of the comments, responses, replies, and sur-replies, along with the draft of the final order, the Council, based on the considerations described in OAR 345-027-0375, must either grant or deny issuance of an amended site certificate in a written final order. The Council’s final order may adopt, modify or reject the Department’s draft of the final order. If the Council grants issuance of an amended site certificate, the Council must then issue an amended site certificate, which is effective upon execution by the Council Chair and by the certificate holder.
8. (8) Judicial review of the Council’s final order either granting or denying an amended site certificate is as provided in ORS 469.403(3).

Statutory/Other Authority

ORS 469.470

Statutes/Other Implemented

ORS 469.405

History

EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025
EFSC 4-2020, amend filed 08/24/2020, effective 08/24/2020
EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020
EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020