Or. Admin. Code § 345-026-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 345-026-0050 - Inspections

(1) General provisions:

(a) Each certificate holder shall allow properly identified representatives of the Council or Department of Energy to inspect the facility during construction, operation and retirement, including all materials, activities, related or supporting facilities, premises and records pertaining to design, construction, operation or retirement of the facility at any time.

(b) The certificate holder's representative may accompany Council or Department inspectors during an inspection.

(c) Council or Department inspectors may refuse to permit any individual who deliberately interferes with a fair and orderly inspection to be present during an inspection.

(d) The Department shall maintain written records of facility inspections. If the inspector finds any potential violations of state, federal or local law, Council rules, a Council order or site certificate conditions, the inspector shall promptly notify the certificate holder's onsite manager or designee.

(e) If the inspector finds any actual or potential violations of state, federal or local law, Council rules, a Council order, or site certificate conditions or warranties, the inspector shall notify the Council secretary, the Council and the certificate holder. The Council secretary shall be responsible for reporting all pertinent findings to the Council at its next scheduled meeting.

(2) Requests for inspections:

(a) Any person may request Department inspection of a facility if the requestor believes:

(A) That a violation of a Council order or a site certificate condition or warranty has occurred or may imminently occur; or

(B) A situation exists that may lead to unnecessary exposure of an individual to hazardous materials or unsafe or dangerous conditions.

(b) The person submitting a request for inspection shall describe, in writing, the specific grounds for the request. The requestor shall submit the request to the Department, or, during an inspection, to the Department's representative. A requestor who is employed directly or indirectly by the certificate holder may ask that his or her name not be disclosed in any manner except where disclosure is required by law.

(c) The Department shall promptly notify the certificate holder of the request and nature of the alleged violation or other basis for the inspection.

(d) If the request concerns matters of state, federal or local law or rule not administered by the Council, the Department shall forward the request to the appropriate agency.

(e) The Department shall make a prompt evaluation of allegations related to matters under Council jurisdiction. If the Department concludes that there are reasonable grounds to believe that the alleged violation has occurred or is imminent or that a situation exists that may lead to unnecessary exposure of an individual to hazardous materials or to unsafe or dangerous conditions, the Department shall cause an inspection to be made as soon as practicable.

(f) If the Department determines that an inspection is not warranted, it shall give written notice of that conclusion to the requestor, stating its reasons. The requestor may then submit a written request for review to the Council. The Council shall send a copy of the request to the certificate holder by certified mail. The certificate holder may submit a written statement of its position to the Council, and the Council shall provide a copy of the statement, if any, to the requestor by certified mail. At its discretion, the Council may hold an informal conference to discuss the merits of the request. The Council shall affirm, modify or reverse the determination made by the Department. The Council shall send written notification of its decision and reasoning to the requestor and the certificate holder.

(g) Inspections conducted under subsection (e) need not be limited to matters referred to in the request for inspection.

(h) No certificate holder shall discharge or in any manner discriminate against any employee because he or she submitted a request for inspection, provided information to a Council or Department representative or otherwise exercised options afforded to the worker under these rules.

Or. Admin. Code § 345-026-0050

NTEC 9, f. 2-13-75, ef. 3-11-75; EFSC 3-1994, f. & cert. ef. 6-28-94; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2007, f. & cert. ef. 5-15-07

Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.310, 469.410, 469.430 & 469.507