OAR 345-027-0385. Request for Amendment to Extend Construction Deadlines

(1) The certificate holder may request an amendment to the site certificate to extend the deadlines for beginning or completing construction of the facility, or portion/phase of the facility, that the Council has approved in a site certificate or an amended site certificate by submitting a preliminary request for amendment in accordance with OAR 345-027-0360. The preliminary request for amendment must be submitted to the Department before the applicable construction deadline, but no earlier than the date twelve months before the applicable construction deadline. (2) A preliminary request for amendment received by the Department within the time allowed under section (1) of this rule to extend the deadlines for beginning and completing construction suspends expiration of the site certificate or amended site certificate until the Council acts on the request for amendment. If the Council denies the extension request after the applicable construction deadline, the site certificate is deemed expired as of the applicable construction deadline specified in the site certificate or amended site certificate. (3) If the Council grants an amendment under this rule, the Council must specify new deadlines for beginning or completing construction that are no more than three years from the deadlines in effect before the Council grants the amendment. (4) For amendment requests under this rule to extend construction deadlines for facilities or portions of the facility, the Council may extend the deadline for beginning construction of a facility or a phase of a facility for a period of time not to exceed nine years, calculated from the granting of the original site certificate.