Friends of Columbia Gorge v. Energy Fac. Siting Coun.

Although the Energy Facility Sitting Council may restrict the rights of participation for limited parties, it cannot restrict the rights of full parties in a matter. ORS 183.417; ORS 183.450(3).

The council created rules regulating the process for amending site certificates for energy facilities.  Petitioners challenged certain rules and argued that they exceeded the council’s statutory authority.  Petitioners asserted that two of the rules—OAR 345-015-0083(2) and OAR 345-027-0371(10)(a), which limited participation in contested case proceedings—were invalid because they restricted participation of all parties, not only limited parties.  Petitioners further argued that OAR 345-027-0357(1) was invalid because it allowed for the expansion of a site boundary without an amendment to the site certificate.  The council asserted that the first two rules only apply to limited parties, not full parties, and that the expansion procedure was merely a codification of previous practice.  Although the council may restrict the rights of participation for limited parties, it cannot restrict the rights of full parties in a matter.  ORS 183.417; ORS 183.450(3).  The Court concluded that OAR 345-015-0083(2) and OAR 345-027-0371(10)(a) exceeded “the council’s statutory authority” by restricting the rights of all parties in a matter.  The Court further concluded that OAR 345-027-0357(1) was invalid because “no statutory authority for expanding a site boundary without a certificate amendment” exists.  All three rules were declared invalid unless a petition for reconsideration is timely filed.