Forelaws on Board v. Energy Facility Siting Council

At issue is whether the Energy Facility Siting Council (EFSC) lawfully determined that certain industrial waste of intervenor Teledyne Wah Chang Albany (TWCA) was not “radioactive waste,” as that term is defined by ORS 469.300(17). Petitioners contend that EFSC misinterpreted ORS 469.300(17), committed procedural errors and based its decision on insufficient evidence. We affirm EFSC’s order.

I

The disposal of radioactive waste in Oregon requires a site certificate from EFSC. See ORS 469.320(1) and ORS 469.300(10)(b), (14), (17)(a) and (24). “Radioactive waste” is defined by ORS 469.300(17)(a):

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