Steven R. Schell EFSC Work Group March 27, 2018 EFSC and Public Participation - ”inside” Five Topics: A) Problems in a nutshell – arcane and archaic (B) Fixes to EFSC that don’t work – save the pubic interest (C) History of public participation –”Those who –” ( D) Recent Certificate Amendments Rule Changes and (E) Possible Additions For Public Participation – 4 groups 1
027-0667/-69 Type A process EFSC’s Public Participation Preliminary (optional) Changes Request for Amendment Completeness for Sit ite Certificate Amendment Post Rules Notice (by mail or email) to: • Needs: Being heard and Simplification general, special, agencies, – Avoid appearance of unfairness property owners • Substantive issues: “significant impacts”, boundary Hearing in area (>20 days) changes, local effects Raise it or waive it • Recent Rule Process Changes (10/19/17): Base for contested case • 3 processes -- (A)standard, (B)expedited, and Draft (C) under construction Written comments • 2 stages: Scoping and draft, with contested case Consider comments as requested Notice of Proposed Order • “Raise it or waive it added” Contested Case- parties/issues Proposed final 2 Council action
PP Additions 1 – Change the process Contested case from the beginning -- 2 steps to 1 change standing -- for appeal, how to improve require conflicts resolution statements – Decision Doc . Committee in Opposition to Prison v. Oregon Emergency Corrections Facility Siting Authority, 309 Ore. 678 (1990) 3
PP Additions 2 – help for the public Public Interest Advocate FAQs Land use participation model 4
PP Additions 3 Modern Communications Facebook Call numbers (partly done) Emails (partly done) Funded Email responders RSS Feeds 5
Goal 13: Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. PP Additions 4 – legislation Impacted land owner buy-out LCDC Goal 13 Redo Others steveschell@comcast.net Limited practice attorney ETO 2000-2004 EFSC 1990-1998 LCDC 1973-1976 6
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