ODOE Presentations and EFSC Standards Presented by Max Woods and Sarah Esterson September 18, 2015

Information on the Record – Description of information provided to Council ODOE presentations to Council – Level of information – Options Public Information Meetings EFSC Standards – Standards summary – Evaluation methodology Discussion Overview

Information Provided to Council All information in the written record provided to Council, including: – Preliminary and complete applications and amendment requests – Recommended orders and staff reports – Public comments – Agency comments – Meeting minutes/meeting transcripts Oral Information provided to the Council (on new applications) ‒Staff report presentation at the DPO hearing ‒DPO oral public comments ‒DPO presentation by ODOE staff (after DPO hearing)

Presentations to Council: DPO Related to draft Proposed Order presentations for new applications: Purpose – Solicit input from Council on DPO – Occurs after close of the DPO record following DPO hearing Recent Example – Overview of proposed facility – Review of issues raised during public comment period and how addressed – Opportunity for Council direction and comment Options – Review of all EFSC standards and ODOE evaluations of those standards – Split DPO presentation over two EFSC meetings

Presentations to Council: Amendment Requests Related to draft Final Order presentations for amendment requests: Purpose – Council decision-making, or referral to contested case – Occurs after close of public comment period and record on Proposed Order Recent Example – Overview of proposed facility – Review of issues raised during public comment period and how addressed Options – Review of all EFSC standards and ODOE evaluations of those standards, as applicable – Split presentation over two EFSC meetings

Public Information Meeting ODOE presentations include an overview of: – Roles and responsibilities of EFSC and ODOE – Jurisdictional authority of EFSC – Standards-based process EFSC decision-making criteria (based on applicant’s demonstration of consistency and compliance with EFSC standards) – Site certificate process and project schedule – Information distribution lists and resources

EFSC Standards General Standard of Review Organizational Expertise Retirement and Financial Assurance Structural Standard Soil Protection Land Use Fish and Wildlife Habitat Threatened and Endangered Species Scenic Resources Recreation Public Services Historic, Cultural and Archeological Resources Waste Minimization Standards for Energy Facilities that Emit Carbon Dioxide Need Standard for Non-generating Facilities Specific Standards – Siting Wind Facilities – Surface Facilities Related to Underground Gas Storage Reservoirs – Transmission Lines

EFSC Standards “Environmental” related standards: – Application or amendment request must evaluate potential environmental impacts of project – Measures proposed in the application or amendment request or conditions recommended by ODOE so that the facility satisfies the standard “Non-environmental” related EFSC standards Land Use standard: – Application or amendment request must demonstrate compliance with statewide planning goals, local government applicable substantive criteria, or receive a goal exception

Review by ODOE Information reviewed by ODOE: – Information provided by applicant or site certificate holder in application or amendment request – Reviewing agency comments – Public comments – ODOE staff assessment, legal review and senior staff evaluation – Independent consultant support Questions considered: -Is there sufficient evidence in record to support a decision? -Are conditions necessary to meet a standard? -Have reviewing agencies provided concurrence or other input?

Discussion Questions Comments