Any site certificate holder that is required by its site certificate or by law to demonstrate need for the facility shall instead demonstrate compliance with the carbon dioxide emissions standard applicable to the type of facility subject to the site certificate before beginning construction. Such a demonstration shall be made as an amendment to the site certificate. Notwithstanding ORS 469.405 or any council rule, if the site certificate holder proceeds pursuant to ORS 469.503 (2)(d)(A) or (C), or both, the Energy Facility Siting Council shall not conduct a contested case hearing on such amendment and the councils order shall not be subject to judicial review. Any dispute about the site certificate holders demonstration of compliance with the applicable carbon dioxide emissions standard shall be settled through binding arbitration. Note: See note under 469.407.
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