Chapter 543A — Reauthorizing and Decommissioning Hydroelectric Project

ORS 543A.400 Duties of Hydroelectric Application Review Team

(1)

The duties of a Hydroelectric Application Review Team shall be determined on the basis of the operating authority of the project that the team is responsible for reviewing.

(2)

A team responsible for reviewing a state project shall:

(a)

Make an initial determination of whether the state project may proceed under an expedited reauthorization process under ORS 543A.040 and, if so, develop a proposed final order under ORS 543A.040.

(b)

If a state project does not qualify for the expedited process under ORS 543A.040:

(A)

Convene a public scoping meeting under ORS 543A.045;

(B)

Review the application report and prepare a draft proposed final order under ORS 543A.055;

(C)

Revise the draft proposed final order and submit the proposed final order to the Water Resources Department for further processing as set forth in ORS 543A.120 to 543A.300; and

(D)

Review protests received and recommended responses to the protests as required under ORS 543A.120.

(3)

A team responsible for reviewing a federally licensed project shall:

(a)

Represent the state in any federal proceeding to reauthorize the federal license for the project;

(b)

Participate in the state process in accordance with ORS 543A.085, 543A.090, 543A.105, 543A.110 and 543A.115;

(c)

Recommend a state response to a request for certification for reauthorization of a federally licensed project under ORS 468B.040; and

(d)

Develop a state position as required under 16 U.S.C. 803(j).

(4)

The Water Resources Department may also convene a team to:

(a)

Coordinate the activities of all state agencies involved in decommissioning a project.

(b)

Develop a unified state position for a project that is subject to federal relicensing but that operates under a water right that does not expire. The unified state position developed under this paragraph shall include the elements set forth in ORS 543A.105 except for the reauthorization of the state water right. In developing the unified state position under this paragraph the team shall participate to the fullest extent possible in all proceedings conducted pursuant to the Federal Energy Regulatory Commission relicensing process for the project.

FEES AND EXPENSES