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SUBJECTS › PLANNING › Energy Resources › Siting Major Energy Facilities
Updated 10/08

Siting Major Energy Facilities

Contents

About Siting of Major Energy Facilities

Construction of major energy facilities in Washington State after July 1977 requires state certification as outlined in Chapter 80.50 RCW, Energy Facilities - Site Locations. The evaluation and oversight of large energy facilities is carried out by the Washington State Energy Facility Site Evaluation Council (EFSEC). Applicants may choose to use the EFSEC process for energy facilities that exclusively use alternative energy resources regardless of generating capacity. See also the Energy Policy Page.

Washington Statutes

Regulatory Agencies Involved in Siting of Energy Facilities

The federal government regulates facilities that involve interstate commerce and municipal and state hydroelectric projects. The state regulates various intrastate facilities as defined by statute. (See RCW 80.50.060 and RCW 80.50.020)

  • Federal Energy Regulatory Commission (FERC) is an independent regulatory agency within the U.S. Department of Energy that regulates the transmission and sale of natural gas for resale in interstate commerce; regulates the transmission of oil by pipeline in interstate commerce; regulates the transmission and wholesale sales of electricity in interstate commerce; licenses and inspects private, municipal and state hydroelectric projects; oversees environmental matters related to natural gas, oil, electricity and hydroelectric projects; administers accounting and financial reporting regulations and conduct of jurisdictional companies, and approves site choices as well as abandonment of interstate pipeline facilities. For additional information, see About FERC.

  • Washington State Energy Facility Site Evaluation Council (EFSEC) was created in 1970 to provide "one stop" licensing for large energy projects. The evaluation and oversight of large energy facilities is centralized in a single location within state government. EFSEC's jurisdiction includes the siting of large natural gas and oil pipelines, electric power plants above 350 megawatts and their dedicated transmission lines, new oil refineries or large expansions of existing facilities, and underground natural gas storage fields. EFSEC's authority does not extend to hydro based power plants, to smaller electric plants, or to general transmission lines. For additional information, see About EFSEC.

  • Washington Local Governments may regulate the location of energy facilities through comprehensive planning and zoning policies. Land use policies must be in place, prior to the application of an energy facility. They cannot be changed once an application has been received by the state. If a proposed facility is not in compliance with local land use provisions and the conflict cannot be resolved, the state can preempt the local land use plans or zoning ordinances through an adjudication process. See EFSEC Adjudicative Proceedings Information and RCW 80.50.110(2). A local government has representation on the state Energy Facility Site Evaluation Council when a facility is seeking location within a jurisdiction's boundaries. An affected local governmental also participates in the hearings process.

State Preemption for Siting of Major Energy Facilities

  • Under RCW 80.50.110(2), the state preempts the regulation and certification of the location, construction, and operational conditions of certification of the energy facilities included under RCW 80.50.060.

Federal Preemptions in Energy Policy Act of 2005

The Energy Policy Act of 2005 has several provision of increased preemption that may affect local governments.  For summary see article, The Energy Policy Act of 2006 [sic 2005], by Nancy L. Skancke, Municipal Lawyer, January/February 2006 Available through MRSC Library Loan

Siting Process for Major Energy Facilities

The EFSEC siting process generally involves six steps: (1) a potential site study followed by an application; (2) State Environmental Policy Act review; (3) review for consistency with applicable local land use laws and plans; (4) a formal adjudication on all issues related to the project; (5) certain air and water pollution discharge permitting reviews as delegated by the US Environmental Protection Agency; and (6) a recommendation to the Governor who then decides whether to accept, reject, or remand the application. A certification agreement approved by the Governor preempts any other state or local regulation concerning the location, construction, and operational conditions of an energy facility. See EFSEC Certification Process Information

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