Oregon EFSC Approves Ambitious Rulemaking Schedule for 2024, Clarifies Standby Generator Requirements

At its January 26, 2024 meeting, the Oregon Energy Facility Siting Council (EFSC) approved an ambitious rulemaking schedule for 2024 that will include consideration of changes to a wide range of EFSC rules.  Detailed information regarding EFSC’s rulemaking projects can be found on EFSC’s website.  Notable 2024 rulemaking projects will include potential changes to EFSC’s contested case and site certificate amendment rules, EFSC’s financial assurance and organizational expertise standards, and (on behalf of the Oregon Department of Environmental Quality (DEQ)) changes to noise rules as they relate to solar facilities. 

EFSC also approved changes related to standby generators to conform its rules to legislation enacted in 2021.  The prior EFSC rules required any person wishing to construct a facility exempt from EFSC jurisdiction to submit a request for exemption to the Oregon Department of Energy.  The approved amendment removes the requirement to seek EFSC approval for an exemption as it pertains to the construction of a standby generators.  By rule, standby generators are electric power generating facilities, including the generators and the physical structures necessary to install and connect the generators, that provide temporary electric power in the event of a power outage and that are electrically incapable of being interconnected with the transmission grid.  Note that generator operators still need to meet Oregon DEQ standards.