Purpose and Statutory Authority
(1) This rule is authorized pursuant to ORS 469.040(i)(d) and 469.080 and implements the policies enunciated by the Energy Facility Siting Council (EFSC) in its statement in explanation of the Need-for-Power Standard, adopted January 6, 1981. In that statement, EFSC directed the Oregon Department of Energy (ODOE) to develop rules for resource plan to be filed by electric utilities. EFSC stated: "Such a resource plan would document the steps to be taken by the utilities to achieve the resources identified in the Need-for-Power standard and their actions to overcome the constraints which preclude greater reliance on these resources". This procedure is intended to offer the opportunity to measure progress towards achieving greater reliance on conservation and renewable resources.
(2) The resource plan will offer information on how utilities plan to meet load requirements in their respective Oregon sources area. The information will foster understanding of Oregon electricity loads and resources, not only within the state but within the region. Conversely, information produced in the development of the regional electricity supply plan of the Pacific Northwest Regional Planning Council will also be considered. Utilities are encouraged to incorporate information developed for the regional supply plan to minimize duplication and describe any significant differences.
(3) The information contained in the plans will be considered public information except such specified information which a utility explicitly seeks to be treated confidential pursuant to ORS 469.090.
(4) ODOE recognizes that information contained in the resource plans may be preliminary and subject to change. The information contained in the resource plans may be qualified to reflect uncertainties.
(5) This rule will be reviewed by July 1 of each year for appropriate revisions and may be revised in the interim if warranted.
(1) "Utility" -- Every electric utility that serves Oregon consumers and which has a service area load greater than 100 average megawatts and every generating and transmission company (G & T) acting on behalf of member utilities serving consumers in Oregon that participates in, or intends to participate in, constructing electricity generation facilities in Oregon.
(2) "Director" -- The Director of the Oregon Department of Energy.
(3) "EFSC's Biennial Forecast" -- The forecast of electricity demand and supply adopted by the EFSC as part of the siting standard. The first forecast was adopted January 6, 1981. EFSC will update this forecast every two years, but may revise the forecast under circumstances described in OAR 345-111-0020.
(4) "Planned Electric Generating Facility" -- An electric Generating facility, including one owned by a Private Power Producer, for which any of the following events has occurred:
(a) The filing of an application, with the appropriate federal or state licensing authority;
(b) The execution of a contract with a utility creating a binding financial obligation to participate in the construction of, or to purchase firm energy from, an electric generating facility.
(5) "Planned Electric Generating Facility" shall not include facilities which meet any of the above criteria if the sponsor or owner of the facility has announced publicly the termination or indefinite delay in construction of the facility.
(6) "Private Power Producers" -- A person or organization who generates electricity to sell wholesale and who is not subject to state or federal regulation as an electric utility.
Resource Plan Submission Requirement
(1) On or before July 1, 1982, and on or before every April 1 of even numbered years thereafter, each utility shall submit to the Director a resource plan. This plan shall forecast and describe how the utility will meet demand on its Oregon system (or the systems of its members) over a fifteen-year period as determined by EFSC's most recent biennial forecast of demand and supply. This plan will meet the utility forecast requirement contained in ORS 469.070(4) for those years that a resource plan is due.
(2) Utilities do not have to submit a revised plan if and when EFSC revises its biennial forecast in the interim period between the development of consecutive biennial forecasts.
Required Contents of the Resource Plan
(1) The resource plan shall list and describe all existing and Planned Electric Generating Facilities expected to be in operation to meet the utility's demand in each of the forecast years. The description of existing and Planned Electric Generating Facilities shall include, but not be limited to, type, location, name plate rating, commercial operation date, retirement date, average energy capability, the utility's share of ownership, fuel, and operating characteristics. For Planned Electric Generating Facilities, the status of the licensing process and a construction schedule shall be provided.
(2) The resource plan shall contain information on the financial and economic characteristics of Planned Electric Generating Facilities including, but not limited to, projected construction capital outlays, operation costs, and escalation rates.
(3) The resource plan shall list and describe all the utility's existing and planned conservation programs (including programs to implement use of renewable resources at the point of end use), their actual or expected financial and economic characteristics, actual annual energy savings achieved to date from existing programs, and expected amount of energy savings on an annual basis for planned programs, taking into account energy savings specified by EFSC's biennial forecast.
(4) A utility shall, in its submitted resource plan, specify what conditions (if any) inhibit obtaining the quantity of energy from conservation and renewable resources which is specified in EFSC's biennial forecast and actions it is taking or which must be taken by other entities to overcome these.
(5) For the forecast period, the resource plan shall contain a list of utilities (including BPA), and Private Power Producers, with which the utility has contracts for firm purchases and sales. This listing shall include the amount and the price of electricity to be delivered, exchanged, or sold under each specific contract.
(6) The resource plan shall identify major transmission requirements to connect planned and purchased resources to the utility's transmission grid.
(7) The resource plan shall include estimates of energy losses and energy used by the utility for each year of the forecast.
(8) The resource plan shall describe generally, the actions and timing of actions being taken or necessary to be taken by the utility to develop its proportional share of the resources identified in OAR 345-111-0020, Table 3. [Table not included. See ED. Note.] It is recognized that an individual utility may place a greater or lesser emphasis on each type of resource vis-a-vis its proportionate share, particularly for resources that are specific to a given service area. This description shall include, but not be limited to, identification of the major milestones that must be met in developing each type of these resources and when the Utility expects that they will be met.
(9) The resource plan shall include actual annual average system demand by major customer classes for the most recent five years for which data are available.
(10) If the resource plan deviates from EFSC's biennial forecast of loads and resources (specifically in the makeup of energy from conservation and renewable resources), the utility shall explain the reasons for the deviation.
(11) A Utility may submit to the Director, in addition to the resource plan, alternate forecasts which are different from EFSC's biennial forecast, or alternate resource plans to meet an alternate demand forecast or to meet EFSC's demand forecast with an alternate mix. If the utility makes such a submission, it may describe why the alternate approach is believed more appropriate than that prescribed by EFSC's forecast. The utility may, at its option, fully describe the methodology, assumptions, and data used to allow the Director to replicate the utility's submission. If the Director requests additional information regarding the methodology, assumptions, and data used in such submission and the utility declines to provide same, the Director shall not be required to consider such submission.
(12) If any of the requested information in this rule is covered under a different submission to ODOE, such information need not be resubmitted. References to when the information was given to ODOE will be sufficient. If such information was recently submitted to a federal or state agency other than ODOE that filing may be provided to ODOE, provided it substantially complies with the information requested by ODOE.
(13) Where there are significant differences between the resource plan and the plan adopted by the Pacific Northwest Regional Planning Council, such differences will be identified and explained.
[ED. NOTE: Tables referenced are available from the agency.]
The Director may, by letter, require a utility to submit as part of the resource plan supplemental information assessing the effectiveness of resource development efforts, including conservation and renewable resources programs.
Rejection of Deficient Submission
If the resource plan submitted by an electric Utility fails to satisfy requirements of OAR 330-025-0020, the Director shall reject the submission and require the Utility to submit a new plan which remedies the deficiencies. The Director may specify the date by which the resubmission shall be made.
Waiver of Certain Provision
In the event of a demonstration of hardship or inapplicability, the Director may waive compliance with one or more of these provisions.