Don't Waste Oregon Committee v. Energy Facility Siting Council

*135GRABER, J.

This case is before us on review from a Final Order of the Energy Facility Siting Council (EFSC), certifying a proposed natural gas facility near Hermiston to generate electricity.1 For the reasons that follow, we affirm EFSC’s Final Order.

PROCEDURAL, LEGISLATIVE, AND REGULATORY BACKGROUND

Petitioners challenge the validity of OAR 345-23-010(2), the rule under which EFSC was considering the site certification, in three ways:

“Number one, [the rule] is inconsistent with the energy policy expressed in ORS, Chapter 469. Two, Senate Bill 1016 of 1993 does not authorize the Energy Facility…