07-004745TL In Re: Tampa Electric Company Willow Oak-Wheeler-Davis Transmission Line Siting Application No. Ta07-15 vs. * Status: Closed Recommended Order on Tuesday, May 13, 2008.

Summary: The application for a proposed corridor in which to place a transmission line between western Polk County and Brandon is approved; electric and magnetic fields would not affect the health of adjacent property owners.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: TAMPA ELECTRIC )

ST. JOHNS-PELLICER-PRINGLE, )

COMPANY WILL0W-OAK-WHEELER- ) Case No. 07-4745TL

DAVIS TRANSMISSION LINE SITING )

APPLICATION NO. TA07-15 )

_______________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case

on March 4 and 5, 2008, in Brandon, Florida, before the Division

of Administrative Hearings, by its assigned Administrative Law

Judge, Donald R. Alexander.

APPEARANCES

For Tampa Electric Lawrence N. Curtin, Esquire

Company: Gigi Rollini, Esquire

Holland & Knight, LLP

Post Office Box 810

Tallahassee, Florida 32302-0810

For Department Toni L. Sturtevant, Esquire

of Environmental Department of Environmental Protection

Protection: Mail Station 35

3000 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

For Hillsborough Marva M. Taylor, Esquire

County: Assistant County Attorney

601 East Kennedy Boulevard

County Center, 27th Floor

Tampa, Florida 33602-4156

For Polk County: Michael E. Duclos, Esquire

Assistant County Attorney

Post Office Box 9005

Bartow, Florida 33831-9005

For Intervenors: Susan Watson, pro se

3624 Windchime Lane

Dover, Florida 33527-4930

STATEMENT OF THE ISSUE

The issue for determination is whether and the extent to

which the proposed corridor by Tampa Electric Company (TECO)

contained in its Application for Corridor Certification

(Application) should be approved in whole, with modifications or

conditions, or denied.

PRELIMINARY STATEMENT

Pursuant to Section 403.537, Florida Statutes (2007), 1 on

March 28, 2007, TECO submitted a petition for determination of

need for the proposed Willow Oak-Wheeler-Davis 230 kV

transmission line project with the Florida Public Service

Commission (PSC). The PSC issued Order No. PSC-07-0522-FOF-EI,

dated June 21, 2007, determining the need for the transmission

line.

On October 12, 2007, TECO filed its Application with the

Department of Environmental Protection (Department) and paid

the appropriate application fee. The Application was filed

under the Transmission Line Siting Act (TLSA), codified in

Sections 403.52 through 403.5365, Florida Statutes, for a new

230 kV overhead transmission line and related facilities

connecting the planned Willow Oak substation west of Mulberry in

Polk County to the planned Davis substation located in Temple

Terrace, Hillsborough County, Florida, with an intermediate

connection to the existing Wheeler substation located along

Wheeler Road northeast of Brandon in Hillsborough County (the

Project).

The various reviewing agencies have submitted reports on

the Project and have proposed Conditions of Certification. On

February 4, 2008, the Department issued its Transmission Line

Site Certification Staff Analysis Report, incorporating the

reports of the reviewing agencies and proposing a complied set

of Conditions of Certification. During the certification

hearing, a revised and updated version of the proposed

Conditions of Certification was admitted into the record as

Department Exhibit 4.

By Notice of Hearing dated October 26, 2007, a

certification hearing was scheduled on March 4-7 and 10-14,

2008, in Brandon, Florida. On February 29, 2008, the case was

transferred from Administrative Law Judge J. Lawrence Johnston

to the undersigned.

On February 25, 2008, Tom and Susan Watson, who own

property in Dover, Florida, immediately adjacent to the proposed

corridor, filed their Petition to Intervene. Intervention was

authorized by Order dated February 26, 2008.

On February 28, 2008, Intervenors filed a Motion for Leave

to Allow Expert Witness to Appeal (sic) by Phone. This request

was granted at the certification hearing and Dr. Hanoch Talmor,

a Gainesville physician, was permitted to testify by telephone

on behalf of Intervenors.

The certification hearing was held on March 4 and 5, 2008,

in Brandon, Florida. (Only two of the days reserved for hearing

were required to complete the matter.) All notices required by

law were timely published in accordance with Section 403.527,

Florida Statutes. The final hearing was conducted for the

purpose of receiving oral, written, and documentary evidence

concerning whether the Project should be approved in whole, or

with such modifications and conditions as the Siting Board deems

appropriate, or denied under the TLSA.

At the certification hearing, TECO presented the testimony

of David M. Lukcic, Manager of Capital Projects and

Environmental Health and Safety; Chip S. Whitworth, Manager of

the Transmission Engineering Department and accepted as an

expert; Philip W. Simpson, a scientist with Environmental

Consulting & Technology, Inc. (ECT) and accepted as an expert;

Anthony N. Arcuri, a scientist with ECT and accepted as an

expert; Darren Stowe, a scientist with ECT and accepted as an

expert; Jim Brooks, a professional engineer with Black & Veatch

and accepted as an expert; and Dr. Linda S. Erdreich, a senior

managing scientist and epidemiologist for Exponent, Inc. and

accepted as an expert. Also, it offered TECO Exhibits 1-26,

which were received in evidence. Although Intervenors filed a

post-hearing written objection to Exhibit 26, that objection is

overruled and the exhibit has been received in evidence. The

Department presented the testimony of Ann S. Seiler, an

Environmental Specialist III and accepted as an expert, and

Michael P. Halpin, Administrator of its Siting Office and

accepted as an expert. Also, it offered Department Exhibits 1

through 4, which were received in evidence. Hillsborough and

Polk Counties participated in the hearing but did not submit any

evidence. Intervenors were represented by Susan Watson, a non-

attorney, who testified on her own behalf. She presented the

testimony of Quilla Paul Daniels, who now resides in Plant City

but formerly owned property near the proposed corridor, and

Dr. Hanoch Talmor, a medical doctor in Gainesville, Florida.

Intervenors also offered Intervenors Exhibits 1 and 2, which

were received in evidence.

A public hearing was held at 7:00 p.m. on March 5, 2008,

for the purpose of allowing members of the public an opportunity

to present evidence and testimony. Thirty-five members of the

public testified, one with a power point presentation. Public

Exhibits 1-8 were also received in evidence.

The Transcript (three volumes) of the final hearing was

filed on April 2, 2008. Intervenors and TECO filed Proposed

Recommended Orders on April 15 and 16, 2008, respectively, which

have been considered in the preparation of this Recommended

Order. The Department has joined in TECO's filing.

FINDINGS OF FACT

Based upon all of the evidence the following findings of

fact are determined:

I. Parties

1. The TLSA establishes TECO and the Department as parties

to this proceeding, and the following became parties upon their

timely filing of a notice of intent to be a party, which each

has done: Florida Department of Transportation (DOT),

Department of Community Affairs (DCA), Southwest Florida Water

Management District (SWRWMD), and Hillsborough County. See

§ 403.527(2), Fla. Stat. Although the Florida Fish and Wildlife

Conservation Commission (FFWCC) did not become a party, the

Department accepted its comments and recommended conditions in

the agency report. On February 21, 2008, the City of Temple

Terrace was accepted as a party without objection after the

Stat. On February 25, 2008, Tom and Susan Watson filed a

Petition to Intervene. Although this was after the deadline

established in the prehearing schedule for becoming a party,

TECO did not object based upon an agreement to conditions

relating to the presentation of witnesses by the Watsons.

Intervenors agreed to those conditions. Finally, Polk County

did not file a notice of intent to be a party, but appeared

without objection at the certification hearing.

II. The Application

A. Project Description

2. Generally, an electrical transmission line's purpose is

to transport large amounts of electricity from a generating

facility to one or more substations. At the substation, the

electricity can be either increased or reduced in voltage

through transformers and other electrical equipment for further

safe and practical transportation, or distribution directly to

customers.

3. TECO is seeking certification of a corridor between the

planned Willow Oak substation located at the intersection of

State Road 60 and Turner Road just northwest of Mulberry in Polk

County, the existing Wheeler substation in Valrico, and the

planned Davis substation in Temple Terrace, a span of

approximately thirty miles, within which it will ultimately

construct the line on a narrow right-of-way (ROW). 2 Once all

property interests in the ROW are acquired, the boundaries of

the corridor will shrink to the typical width of the 25 to 100-

foot ROW. In some cases, the ROW will be 300 feet wide.

4. The objectives of the Project are to address: (a) the

need, as confirmed by the PSC, to provide additional

transmission reinforcement to the existing 230 kV transmission

network north of State Road 60, west of the planned Willow Oak

substation, and east of the existing River substation in a

reliable manner consistent with the North America Electric

Reliability Council (NAERC) and the Florida Reliability

Coordinating Council (FRCC) and other applicable standards; (b)

the need to serve the increasing load and customer base in the

Project service area; and (c) the need to provide for another

electrical feed via a separate ROW path, thereby reducing the

impact of a loss of existing transmission facilities on a common

ROW.

B. Need for the Line

5. In earlier proceedings before the PSC, it determined a

new 230 kV transmission line between the planned Willow Oak, the

existing Wheeler, and the planned Davis substations is needed,

taking into account the need for electric system reliability and

integrity and the need to provide abundant, low cost electrical

energy to assure the economic well-being of the citizens of the

State. The PSC found that the planned Willow Oak substation and

the planned Davis substation constitute the appropriate starting

and ending points for the proposed line. The PSC noted that the

additional transmission capacity will be needed by 2012 and

recognized that the Siting Board will make the final

determination concerning the route selection upon consideration

of the factors and criteria specified in Section 403.529,

Florida Statutes.

C. Transmission Line Design

6. The typical design for the transmission line will be a

single-circuit unguyed concrete pole structure using concrete or

crushed stone back fill. The poles are proposed to range in

height from 80 feet above grade to 125 feet above grade, with

the conductors framed in a vertical configuration. Three

conductors will be used, and each of the three conductors is

anticipated to be a 1,590 aluminum conductor steel supported

wire, with 45 strands of annealed aluminum that lay over seven

steel strands. The conductor is 1.504 inches in diameter with a

weight of approximately 1.7 pounds per foot. There will also be

a smaller overhead ground wire to provide shielding and

lightening protection for the conductors. The maximum current

rating is 2,560 amperes. In some locations there could be a

69 kV and a distribution underbuild. Additionally, the vertical

configuration will be adjusted to a horizontal configuration in

the vicinity of the South Lakeland Airport to enable the height

to be lowered to approximately 46 feet above grade to account

for the air traffic.

7. The open span length between structures will typically

vary between 300 and 800 feet, depending on site-specific

conditions. Both pole height and span length may vary to

accommodate various conditions that may be encountered.

8. Access roads and structure pads will be constructed

only where necessary to provide access for construction,

maintenance, and emergency restoration. Where constructed, the

typical road top width will be 14 feet, with a 2-to-1 side

slope, and a minimum elevation of between six inches and two

feet. Structure pads will have variable sizes but are typically

75 feet by 75 feet. These are designed to support the equipment

needed to install and maintain the transmission line. Culverts

will be installed beneath access roads and structure pads with

the specific design reviewed by the appropriate regulatory

agencies. The design will be similar to previously approved

designs.

9. The design of the transmission line complies with good

engineering practices. The transmission line will be designed

in compliance with all applicable design codes, including the

National Electrical Safety Code, the Department's regulations on

electric and magnetic fields, the DOT Utility Accommodation

Manual, the requirements of applicable regulatory agencies

including the Department, SWFWMD, and PSC, as well as TECO's own

design standards.

10. The Project assures the citizens of Florida that

operation safeguards are technically sufficient for their

welfare and protection.

D. Transmission Line Construction

11. The initial phase of construction is to clear the ROW.

Since much of the length of the corridor is collocated, that is,

grouped or placed side by side, with existing roads and utility

facilities, the need for clearing has been minimized. Clearing

will consist mainly of tree trimming and the selective removal

of trees. In areas owned by TECO clearing will range from a

width of 25 to 100 feet. In forested areas in which a new line

will be located, clearing will also be limited to 25 to 100 feet

in width. In wetlands, trees capable of exceeding 14 feet in

height that could come in conflict with the line will be removed

by hand clearing or use of very low ground pressure equipment.

Low growing herbaceous vegetation will not be cleared from

wetlands.

12. After the ROW is cleared, any necessary access roads

and structure pads will be constructed. Typically, access roads

and pads are not required in all areas.

13. The next phases of construction involve the physical

transmission line construction. Initially, the materials are

assembled on the jobsite. Next, holes are augered at each pole

location. The structures are framed with insulators and

hardware that may be installed prior to the setting of the

structure. After all appropriate operations relative to the

assembly and framing have been performed on the ground, the top

section of the structure is lifted with a crane and set on the

previously installed base section. The two sections are then

jacked together. Typically, the pole is embedded into the

ground approximately 25 to 35 feet deep.

14. After the poles have been installed and the hardware

and equipment on the pole, including the insulators, have been

installed, a wire pulling operation is conducted. In this

phase, reels of wire, wire tensioning, and retarding equipment

all will be mobilized. The locations generally include the dead

end structures, but the length of the wire that can be placed on

a reel may dictate the location of some of the equipment. Each

structure must be equipped with hanging blocks or pulleys so the

conductors may be pulled through smoothly for the entire length

of the reel. Once the conductors are pulled in and secured at

the dead end structures, the wires are sagged and tensioned

appropriately to maintain vertical clearances. Finally, the

pulleys are removed from each structure and the conductor is

secured to the insulator attachment.

15. The final stage of construction is the cleanup stage.

This involves inspection of the entire project to ensure that

all material has been cleaned up, removal of all silt fences,

hay bales, excess spoils, or dirt from the foundation

excavation, and ensuring that the gates and fences have been

properly restored or installed.

16. Throughout construction, sedimentation management

techniques, such as the use of silt screens and hay bales, or

other best management practices, will be employed as necessary

to minimize potential impacts from erosion and sedimentation.

17. While each phase of construction will typically take

up to two weeks in a particular location, the construction crew

will normally be active for two to four days at a typical

structure location after the necessary pads have been installed.

Construction for the entire project is expected to last from

twelve to eighteen months.

E. Methodology for Choosing TECO Corridor

18. TECO established a multi-disciplinary team to identify

and evaluate routing alternatives within the Project Study Area.

This multi-disciplinary team was comprised of experts in land

use, engineering, and environmental disciplines. The team,

which included both TECO representatives and outside consultants

from ECT, engaged in a number of activities including data

collection, preparation of a regional screening map, the

identification of alternative route segments, the development of

criteria to evaluate the route segments, the actual evaluation

both quantitatively and qualitatively of these routes, and the

ultimate selection of the preferred route which was accepted by

TECO. Members of the public assisted in this effort throughout

the development of the proposed corridor.

19. The objective of the corridor selection study was to

select a corridor that could be certified balancing land use,

socioeconomic, environmental, engineering, and cost

considerations. Corridor selection methodologies were designed

to be integrative of multidisciplinary siting criteria, regional

and objective in decision-making, sensitive to social and

environmental conditions, responsive to regulatory requirements,

reflective of community concerns and issues, and capable of

accurate documentation and verification.

20. The selection process consisted of three tasks

including (a) project and study area definition; (b) resource

mapping and alternative route delineation; and (c) evaluation of

alternative routes and selection of the proposed corridor. Due

to the dense and urban nature of the TECO service area, it was

difficult to find areas with no population or development for a

corridor.

21. The multidisciplinary team developed a regional

screening map, received in evidence as TECO Exhibit 14, which

was prepared by the team using generally publicly available

information including Geographic Information System (GIS)

mapping. The map data were collected from various state

agencies and local governments. Information was gathered from

the Florida Geographic Data Library (which distributes GIS

data), the Florida Natural Areas Inventory, and most of the

agencies involved in this proceeding. Various environmental and

land use data were mapped as were existing infrastructure, and

information gathered on roads, railroads, rivers, waterbodies,

and the like. These represented primarily siting constraints or

siting issues within a particular study area. The regional

screening map was then used to identify route segments.

22. The licensing team used the regional screening map as

the first step in identifying the various route segments that

connected the three substation locations at Davis, Wheeler, and

Willow Oak.

23. TECO's multi-disciplinary team gathered data on siting

opportunities and constraints within the study area and

identified forty-one line segments which could be assembled into

a total of four hundred twenty-three potential route

combinations. Using a predefined set of ten environmental, land

use, and engineering criteria, each route segment was measured

for those resources. Using a software program developed by ECT,

the data was entered and totaled for each route combination.

Using the weights developed by the licensing team for each

criterion, the weights were applied and tabulated for all

routes. The routes were then ranked in order from best to worst

based on the weighted scores.

24. Once the rankings were performed, the top ranked

routes were subjected to further evaluation. These routes were

high in scoring but somewhat different in the path that they

took between the three substation locations. They were then

evaluated using predetermined qualitative criteria, which

included such things as homes in proximity to the route. The

analysis included an examination of where the homes were located

along the route, whether they are scattered and easily avoided

with the placement of a corridor, or whether they are clustered

together in a fashion making it difficult to avoid them in

placement of the corridor. Numerous driving surveys of the

various routes were performed during this phase where the routes

were publicly accessible, and a helicopter flyover was also

completed.

25. At the completion of the evaluation, a recommendation

was made for a proposed route, which was accepted by TECO. Once

the proposed corridor location was selected, the team examined

various siting issues within and along the route and developed

corridor boundaries of varying widths. In some areas a much

wider width was needed to provide flexibility for siting, while

a more narrow width was needed in areas where siting issues were

less and where there was a reasonable certainty concerning where

the ROW could be located.

26. TECO also engaged in an extensive public outreach

program. The public participation program included open houses,

mass mailings, surveys, a toll-free telephone number, newsprint

advertisements, a website, and meetings with regulatory agencies

and local elected officials.

27. There were three direct mailings as a part of the

public outreach program. The first mailing was a notification

of four open houses that were to be held. One open house was

conducted in Polk County, while three (Seffner, Plant City, and

Temple Terrace) were conducted in Hillsborough County.

Following the completion of the open house process, a second

mailing was sent providing a summary of the survey results. The

third mailing notified recipients that the Application was filed

on October 12, 2007. Approximately 4,500 recipients were

identified for these mailings. The names of the recipients were

obtained by identifying the properties located within 500 feet

in both directions from the centerline of the routes. The

Hillsborough and Polk County Property Appraisers' offices were a

source for this information as well as the TECO customer

database. The Hillsborough County Office of Neighborhood

Relations was consulted for a list of registered homeowners'

associations. For the homeowners' associations, which numbered

around two hundred, those that were within one mile in both

directions from the centerline of the route were notified. The

recipients of the notifications included property owners and

tenants or lessees. The Hillsborough County Large Facilities

Ordinance was used as a guide to identify the area of the

notifications, although that Ordinance mandates a 250-foot

notification distance from the centerline of the routes, and

TECO actually used 500 feet on both sides of the centerline.

28. The same distances were not used for recipients of

each of the mailings. The distances described in Finding of

Fact 27 were used for the first two mailings. For the third

mailing, the proposed corridor had been selected. As a result,

the distance was measured not from the centerline of the route,

but from the edge of the corridor. This was done because in

some areas the corridor was extended beyond the 500-foot limit

and potential recipients would have been missed had the area of

inclusion not been extended. Additional mailings are planned if

the corridor is certified. Additional informational open houses

will also be held, and the transmission structures and potential

locations will be identified at that time so the public can be

informed.

29. As part of the public outreach, TECO also ran a series

of four advertisements in local newspapers. The first newspaper

advertisement was run on February 20, 2007, in The Tampa

Tribune , Lakeland Ledger , Mulberry Press , Temple Terrace News ,

and Brandon News . Two more advertisements were run on

February 28 and March 1, 2007, in The Tampa Tribune and Lakeland

Ledger . These advertisements were in addition to the required

public notices of the application being filed, the certification

hearing being scheduled, and the public hearing being scheduled

that were run on October 30 and December 27, 2007, and

February 18, 2008. The required advertisements were run in The

Tampa Tribune , Lakeland Ledger , and The Winter Haven News Chief .

The February 18 notice of public hearing was also run in The

Polk County Press .

30. Copies of the Application were maintained for public

inspection during the certification process at the TECO offices

in Tampa and Winter Haven. In addition, a copy of the

Application was provided to the John Germany Public Library in

downtown Tampa, the Polk County Library in Bartow, and the

Temple Terrace Library in Temple Terrace. All of the

applications available for public inspection were updated as

additional information was submitted to the Department.

31. The public participation program provided substantive

input to the route evaluation study in terms of study area

boundary, siting opportunities, and constraints in the area,

identification of route segments to be evaluated, and weights to

be assigned to the route evaluation criteria. The cumulative

responses of the public's ranking of the weights to apply to

TECO's siting criteria were very comparable to the team's

weighting indicating little significant difference in route

ranking.

32. Once the proposed alignment was identified, the multi-

disciplinary team delineated the boundaries or width of the

corridor to provide flexibility for locating the eventual ROW

within that corridor.

33. State, regional, and local agencies with regulatory

authority of the Project reviewed the Application and submitted

to the Department a report concerning the impact of the Project

on matters within their respective jurisdictions, as required by

Section 403.526(2), Florida Statutes. The Department compiled

the reports and made a recommendation that the Project be

granted approval subject to appropriate conditions. See

Department Exhibit 2.

34. The Department, SWFWMD, and DOT stipulated as to the

certification of the Project subject to conditions of

certification proposed by the Department. On April 16, 2008,

the City of Temple Terrace and TECO entered into a separate

stipulation for certification. None of the agencies involved in

the review process recommended that the proposed corridor be

denied or modified. No alternate corridors were filed for

consideration by any of the parties. Further, no additional

conditions of certification were proposed by any party at the

certification hearing.

III. Detailed Description of the TECO Corridor

35. The proposed corridor provides significant

opportunities for collocation with other linear facilities such

as roads and transmission lines which provide the opportunity to

reduce the amount of new access road construction, impacts to

wildlife habitat, and other impacts. The width of the proposed

corridor varies along the route to provide flexibility within

the corridor to avoid impacts to such areas as existing

developments, large wetland areas, and a bald eagle's nest.

A. From the Planned Davis Substation to the Existing

Wheeler Substation

36. The western end of the corridor begins at the planned

Davis substation site in Temple Terrace which is a large parcel

owned by TECO. There is an existing substation there called the

River substation and the planned Davis substation will be

located in proximity to that existing substation. Land use is

generally open land. This portion of the corridor is bordered

on the west by the Hillsborough River and has a large area of

pasture land on the east side with mixed hardwood swamp and

cypress swamp on the western portion.

37. Leaving the TECO substation property, the corridor

travels east across Interstate 75 (I-75) and the width of the

corridor in this area narrows to approximately 300 feet. This

is also TECO property. As the corridor passes I-75 it

approaches the Tampa Bypass Canal, which is owned by the SWFWMD.

The corridor is expanded in this area to minimize the impacts on

the SWFWMD operations along the Bypass Canal and on the

recreational facilities located in the southwestern portion of

the parcel used by Temple Terrace. Land is low density

residential with a cemetery and a recreational facility. The

property has pine/oak woods along the northwestern corner and a

mixed hardwood swamp on the northeastern corner. The property

is bisected north and south by the Tampa Bypass Canal.

38. Once the SWFWMD property is exited the corridor turns

due east for approximately 5.4 miles until south of Lake

Thonotosassa, where it turns south. This portion is owned by

TECO. The corridor is 300 feet wide. The western portion is

primarily developing and developed lands surrounding the

corridor and, as it proceeds east, it crosses more rural lands,

pasture, strawberry fields, row crops, various agricultural

operations, cattle grazing, and some citrus groves. A portion

of the corridor contains a natural gas pipeline within TECO's

property. In addition to the agricultural vegetation, there is

a pine/oak area, some marsh, and some emergent aquatic

vegetation, along with some ponds. The corridor crosses Baker

Creek, a tributary to Lake Thonotosassa, which is north of the

corridor. A mixed hardwood swamp and a cypress swamp are found

here.

39. The proposed corridor then turns south and approaches

areas of developing or developed lands. TECO's fee ownership

extends to the south. The corridor crosses Interstate 4 and, at

the beginning of its intersection with U.S. Highway 92, the

corridor has been expanded from approximately 3,100 feet up to

5,100 feet in width to avoid a bald eagle's nest and the

scattered residences in the area. The widened corridor proceeds

south to State Road 574 or Martin Luther King Boulevard. Land

use is agricultural, low density residential, and undeveloped

property. This area of the corridor contains some pine/oak

woods, large areas of marsh, some crop land, some mixed hardwood

swamp, and scattered residential development.

40. Once the corridor crosses State Road 574 it narrows

again to approximately 300 feet in width and is located on TECO

property. The corridor then proceeds south to the existing

Wheeler substation located off of Wheeler Road in Valrico.

There is a large amount of development to the west of the

corridor and developing lands to the east of the corridor.

B. From the Existing Wheeler Substation to the Planned

Willow Oak Substation

41. From the existing Wheeler substation near Wheeler Road

the corridor proceeds south slightly more than one mile and then

turns east for approximately one mile before turning south to

State Road 60. In this portion of the corridor the width is

approximately 300 feet and it is located on TECO property.

There are residential properties in the vicinity of the

corridor, including the Diamond Hills and Sommerset

subdivisions. The land use is generally medium density

residential surrounding the corridor and also some agricultural

lands. Land uses in this area include pasture land, pine/oak

woods, crop land, marsh, open land, ponds, mixed hardwood

conifer swamp, and pine flat woods.

42. The corridor proceeds east along State Road 60, which

is a major transportation corridor. The corridor is expanded to

approximately 2,000 to 3,000 feet in this area to allow

opportunities to follow other linear facilities that are located

south of State Road 60, such as other transmission lines or

roads. There are scattered residential properties with

agricultural uses, strawberry fields, pastures, and some citrus

in the area. Phosphate lands are located to the south of this

segment of the corridor. The corridor proceeds along to the

east. The majority of this area is reclaimed phosphate mining

lands.

43. The final segment of the proposed corridor has again

been expanded to approximately 4,000 feet wide as it continues

along both sides of State Road 60 and both sides of Old Hopewell

Road. As the roads converge, the corridor is narrowed to

approximately 500 feet. From there it proceeds to the planned

Willow Oak substation in western Polk County. In this area

there is existing development surrounding the substation site

and proposed development along State Road 60. The South

Lakeland Airport is in this area. Along State Road 60 there is

a mix of commercial, residential, and some industrial

properties. The Willow Oak substation site is located within

open land.

IV. Compliance With Section 403.529(4) Criteria

A. Ensure Electric Power System Reliability and Integrity

44. The PSC found that there are regional transmission

system limitations in northeast Hillsborough County. By 2012,

the existing 230 kV transmission network will not have

sufficient capability to provide reliable electric service to

the existing and proposed substations. The PSC also found that

some of the projected load to be served by the planned future

distribution substations will be located further east and north

of the existing 230 kV transmission network. The PSC determined

that the proposed transmission line is needed by March 2012 to

(a) provide additional transmission reinforcement to the

existing 230 kV transmission network north of State Road 60,

west of Willow Oak substation, and to the east of the existing

River substation in a reliable manner consistent with the NERC,

FRCC, and other applicable standards; (b) serve the increasing

load and customer base in the projected service areas; and (c)

provide for another electrical feed via a separate ROW path,

thereby reducing the impact of a loss of the existing

transmission facilities on a common ROW. The PSC concluded that

the Project is needed to preserve electric system reliability

and integrity.

B. Meet the Electrical Energy Needs of the State in an

Orderly and Timely Fashion

45. The PSC recognized that TECO's planning studies

indicate that the proposed line is needed by March 2012 to

provide sufficient capability to provide reliable service to

existing and proposed substations.

46. The location of the proposed transmission line on the

proposed corridor would meet the electrical energy needs of the

state in a timely fashion.

C. Comply with the Nonprocedural Requirements of Agencies

47. Construction, operation, and maintenance of the

proposed corridor will comply with applicable nonprocedural

requirements of agencies.

48. The Department has concluded that the Project as

proposed will comply with all applicable Department statutes,

rules, policies, and procedures.

D. Be Consistent with Applicable Local Government

Comprehensive Plans

49. The Polk County Comprehensive Plan identified electric

transmission and distribution facilities as a permitted use in

all land use categories. In the Future Land Use Element of the

Hillsborough County Comprehensive Plan, there are an objective

and several policies that address bulk transmission lines. The

policies address the locational criteria and public input. The

policies will be met by the proposed transmission line. The

City of Temple Terrace's Comprehensive Plan does not address

bulk transmission lines.

50. After certification of this project, TECO will acquire

the necessary property interests in a ROW within the certified

corridor for placement of the line. Construction of

transmission lines on such established ROWs is excepted from the

definition of "development" in Section 163.3164(5), Florida

Statutes. Accordingly, the provisions of the local

comprehensive plans related to "development" that have been

adopted by the local governments crossed by the line are not

applicable to this project.

51. No variances or exemptions from applicable state or

local standards or ordinances are needed for the project.

E. Implementation of Legislative Intent in Section 403.521

a. The Need for the Line as a Means of Providing

Abundant Low-Cost Electrical Energy

52. The PSC determined that the proposed line is needed

taking into account the factors set forth in Section 403.537,

Florida Statutes.

53. The PSC found that TECO evaluated three alternatives

to the Project. All three were transmission modifications to

the proposed ROW that used a portion of, or the entire existing,

common ROW. The PSC accepted TECO's rejection of the

alternatives primarily because of economics and reliability

concerns. The PSC found that the proposed line will assure the

economic well-being of the citizens of the state by serving

projected new electric load in the region and improving the

region's electric reliability by minimizing the region's

exposure to single contingency events.

b. Impact Upon the Public

54. The proposed line is appropriate from a land use

perspective. The Project takes advantage of the opportunity to

be collocated with other transmission lines, roadways, and ROWs.

By following these existing linear features, the corridor

conforms to existing and future development patterns and

minimizes intrusion into residential areas. As a result, the

proposed line is in proximity to relatively few residences.

55. The line as proposed will comply with all applicable

nonprocedural agency standards, including the Department

standards in Florida Administrative Code Rule Chapter 62-814

limiting the electric and magnetic fields associated with new

transmission lines.

56. TECO proposes to use five different configurations for

the transmission line, depending upon the location. The options

include a 230 kV single circuit roadside, a 230 kV single

circuit roadside with a 69 kV underbuild, a 230 kV single

circuit roadside with 69 kV and 13 kV distribution underbuild, a

230 kV single circuit for the South Lakeland Airport, and a

230 kV single circuit for use in the 300-foot existing TECO ROW.

For each of these configurations the Department's rule requires

that the electric and magnetic fields (or energy forces) be

calculated to ensure compliance. The electric field is what is

created underneath and outside of a transmission line as a

result of placing voltage on the conductor. It is a byproduct

of placing voltage on the conductor. The magnetic field is

created as a result of the current traveling along the

conductor. It is generally a magnetic flux field that surrounds

the conductors and the transmission lines.

57. Those portions of Florida Administrative Code Rule

Chapter 62-814 that are applicable to this Project establish

maximum values for electric and magnetic fields. The electric

field is expressed as a kilovolt meter (kV/m) and compliance is

required both within the ROW and at the edge of the right-of-way

for the transmission line. The magnetic field is expressed as

milliGauss (mG) and compliance is determined at the edge of the

ROW.

58. Compliance with the electric and magnetic field

requirements was calculated for each of the configurations that

may be utilized for the Project. The results were then compared

to the requirements of Florida Administrative Code Rule 62-

814.450(3). See TECO Exhibit 21. The maximum expected values

from all configurations for the electric fields within the ROW

and at the edge of the ROW and for the magnetic fields at the

edge of the ROW are all below the values set forth in the rule.

59. The maximum voltage and current that is ever

anticipated for the line during its life are used in making the

calculations. However, it is highly unlikely that this

condition would occur. It is anticipated that the maximum

condition would occur less than five percent of the time while

the transmission line is operating. In order to operate at the

maximum level the conductor must be operating at its maximum

temperature and the conductor would be at its lowest point in

the span to create that condition. There would also need to be

some type of system disturbance that would cause a maximum

condition to occur. This would be a worst case scenario.

Levels for electric fields will be less at the normal operating

levels and magnetic fields about fifty percent less.

60. Intervenors own property and live within the area of

the expanded corridor between U.S. Highway 92 and State Road 574

in Dover. In this area TECO owns a 300-foot ROW originally

considered for the corridor, which contains an eagle's nest.

While this area is near the Intervenors' property, the proposed

corridor is the entire area up to 5,100 feet in width, and the

actual ROW location for the line has not yet been determined.

Intervenors are primarily concerned about the potential health

effects to their son caused by exposure to electric and magnetic

fields from the transmission line in the vicinity of their

property. In support of these concerns, they presented the

prefiled, written testimony of Dr. Hanoch Talmor, a medical

doctor in Gainesville, Florida, who has treated their son for

over fifteen years. Doctor Talmor is a board-certified

pediatrician who now specializes in the area of general holistic

medicine.

61. In his written statement Dr. Talmor states that

Intervenors' son is at present nonambulatory and nonverbal. He

also testified that he displays severe chemical sensitivities

and is listed on the state chemically sensitive lists. Although

he is not a neurologist, Dr. Talmor opined that because of the

son's neurological involvement and his extensive medical

history, he would be adversely affected by high voltage power

lines near his home. He further testified that the son has

seizures which can be affected by smells, sounds, visual

stimuli, sleep patterns, and allergic reactions.

62. During cross-examination, Dr. Talmor acknowledged that

he is not familiar with the levels of electric and magnetic

fields expected to result from this transmission line in the

vicinity of Intervenors' property. Even so, he opined that the

only safe levels of electric and magnetic fields with regard to

human exposure would be at levels of zero. He admitted,

however, that electric devices typically found in the household

such as clocks, ovens, refrigerators, televisions, electric

blankets, and the like, as well as electric wiring in the house,

would be expected to produce electric and magnetic fields to

which a person living in the house would be exposed. At the

certification hearing, Dr. Talmor also discussed various

research articles concerning this subject. In formulating his

opinions, however, Dr. Talmor had reviewed only summaries and

excerpts of the studies, rather than the complete studies.

63. TECO presented the testimony of Dr. Laura S. Erdreich,

an epidemiologist, who is familiar with the configuration for

the transmission ROW that is proposed to be used in the vicinity

of Intervenors' residence. Doctor Erdreich testified that she

is familiar with the levels expected to be produced from the

transmission line at the edge of the ROW. With regard to

electric fields, Dr. Erdreich testified that the lowest level

that has ever been proposed as being necessary for the

protection of human health is 4.2 kV/m. This was by an

organization called the International Commission for Non-

Ionizing Radiation Protection (ICNIRP). The organization is

based in Europe and is sponsored by the World Health

Organization. The level that organization recommended is more

than twice the maximum level of 2.0 kV/m found in Florida

Administrative Code Rule 62-814.450(3)(a). The maximum expected

electric fields at the edge of the ROW for the Project in the

vicinity of Intervenors' residence is 0.1 kV/m.

64. For magnetic fields, Dr. Erdreich testified that the

ICNIRP proposed a level of 833 mG as being protective of human

health based on exposure. This is the lowest level that has

been proposed by any regulatory authority or similar body based

on potential health effects. In contrast, Florida

Administrative Code Rule 62-814.450(3)(d) provides in relevant

part that the "maximum magnetic field at the edge of a 230 kV or

smaller transmission ROW . . . shall not exceed 150 mG." This

value is much greater than the 13.6 mG maximum level expected at

the edge of the TECO ROW and in the vicinity of Intervenors'

home. Under typical operational conditions, the expected

magnetic field would be approximately 7 mG, which is less than

one percent of the health-based exposure limit recommended by

the ICNIRP.

65. Doctor Erdreich also testified that she is familiar

with the research that has been conducted concerning health

effects from environmental exposure to electric and magnetic

fields. The research includes epidemiological studies of humans

in the natural environment, laboratory studies which typically

expose all animals to high levels often for nearly their entire

lifetime, and studies of cells and tissues in laboratories to

try to isolate the mechanism that may affect humans. The amount

of research being performed has been reduced over the last few

years because, despite considerable research, an adverse effect

from exposure to humans at environmental levels has not been

substantiated. Additionally, causal associations between

exposure and health effects have not been found when the data

and research have been reviewed by committees of scientists of

various disciplines. Doctor Erdreich testified that she is

aware of the studies that were referred to by Dr. Talmor as well

as other studies on the subject. Although the subject of

exposure to low levels, even on a long-term basis, such as

levels less than 10 mG, has been studied extensively, she noted

that the findings have been that magnetic fields have no known

effect on the human body until exposure to levels well above

1,000 mG.

66. The United States Government does not regulate

electric and magnetic exposure except in occupational settings.

There are no requirements for regulation of transmission lines

in these areas. The State of Florida is one of only a few

states that have such requirements. There is no existing body

of research demonstrating that adverse health consequences

result from exposure to electric and magnetic fields at the

levels expected to result from the 300-foot ROW single pole

configuration that is proposed for the vicinity of Intervenors'

property. Doctor Erdreich opined that these levels do not pose

a threat of adverse health effects to the population near the

edge of the ROW. She further opined that in the unlikely

circumstance that the edge of the ROW for the transmission line

would be placed at the edge of the residence of the property,

the levels of electric and magnetic fields from the transmission

line would still not create a health concern. She also stated

that her opinion would be the same if one of the residents were

shown to have an illness that resulted in a chemical

sensitivity. She based her opinions on the fact that there is

no evidence demonstrating any correlation between this exposure

and adverse health effects. Finally, Dr. Erdreich testified

that no group has ever suggested that there is a need for lower

levels near hospitals or convalescent facilities or other places

where physical therapy occurs.

67. The levels of electric and magnetic fields from the

transmission line will decrease as one moves further from the

edge of the ROW. The levels expected from the transmission

line, which are already well below the State requirements and a

small fraction of the lowest levels that have ever been

suggested as being required for the protection of human health,

are similar to the levels that would be expected to result from

common household appliances.

68. Mrs. Watson testified that her residence has

electricity and electric household appliances such as air-

conditioning, television, refrigerator, and a vacuum cleaner.

All of these devices produce electric and magnetic fields at

levels in the range of what would be expected from the TECO

transmission line. Additionally, there is natural exposure to

magnetic fields and electric and magnetic fields from electrical

devices that are encountered in everyday life.

ansmission lines can generate audible noise as a

result of irregularities that collect on the conductor. During

periods of fair weather dust can collect on the conductor and

that may cause low levels of audible noise. When rain is

experienced, the dust is washed off but replaced with water

droplets on the conductor that create a condition that results

in slightly higher levels of audible noise. The noise levels

experienced during rainfall events are temporary, and the noise

is reduced as soon as the water droplets evaporate from the

conductor.

70. The expected levels of noise are generally calculated

using a program called the Bonneville Power Administration Field

Effects Program. The information utilized to make the

calculations includes the conductor size, the configuration of

the transmission line, and the voltage expected.

71. The calculations performed for the transmission line

show that the audible noise levels at the edge of the ROW during

fair weather would range from 16.1 dBA, which is decibels of

noise in a range that can be heard, to a high of 22.5 dBA.

During periods of rainfall the expected audible noise at the

edge of the ROW ranges from a low of 41.1 dBA to a high of

47.5 dBA. For the ROW configuration that is proposed for the

area including the Watson property, the expected levels during

fair weather are a maximum of 16.1 dBA and during foul weather a

maximum of 41.1 dBA at the edge of the ROW. The noise levels

will decrease as one moves away from the edge of the ROW. Also,

during rainfall events, when the maximum noise levels are

expected, the rain will tend to mask the sound from the

transmission line.

72. Studies that have been prepared on this issue indicate

that complaints concerning noise are primarily related to

interference with sleep. The studies indicate that to minimize

the potential of interference with sleep, the noise level

outside of the home should not exceed 50 dBA. The maximum

expected noise level from the Project will not exceed 50 dBA.

Mr. Brooks, TECO's expert who testified on this issue, stated

that he had never had an occasion to deal with a noise level

complaint during his thirty-seven years of experience with

transmission lines.

73. TECO Exhibit 22 contains a summary of the audible

noise expected from the transmission line for the various

configurations. It also contains a chart with the noise levels

expected from common activities for comparative purposes. The

maximum fair weather audible noise from any of the five

configurations would be comparable to the levels that one would

encounter in a bedroom at night. The maximum levels for the

same configurations during foul weather would be comparable to

what one might experience in a quiet office or a living room.

The levels for the configuration to be utilized in the area of

the Watson property are below the maximums for the Project and

significantly less than levels expected at a quiet office or

bedroom at night.

74. At the public portion of the certification hearing,

thirty-five members of the public uniformly testified in

opposition to the Project, as proposed. A number of those

testifying expressed concern about the impact of the Project on

property values, the possible effects of the electric and

magnetic fields expected from the transmission line once the ROW

has been selected and the line constructed, and the desire to

have TECO seek another route. Although these concerns are

genuine, impacts on property values is not a subject for

consideration at this hearing. As discussed above in greater

detail, the evidence demonstrates that adverse impacts from the

low levels of electric and magnetic fields projected from the

Project are not expected. No alternate corridors have been

proposed for consideration by any party to this proceeding.

Finally, some members of the public complained that they were

unaware that a new transmission line corridor was being proposed

until just before the hearing. However, the evidence shows that

long before the certification hearing, information concerning

this process was widely disseminated through advertisements,

open houses, mass mailings, surveys, and meeting with regulatory

agencies and local elected officials.

c. Impact Upon the Environment

75. The Project as proposed will have minimal

environmental impact.

76. Construction of the line within the proposed corridor

will not adversely affect the conservation of fish and wildlife,

including endangered or threatened species, or their habitats.

The proposed corridor avoids or minimizes intrusion into the

undisturbed wildlife habitats due to its collocation with

existing linear facilities for almost its entire length. The

current condition and relative value of function of the habitat

in the proposed corridor is generally minimal from a wildlife

ecology and protected species perspective. There are some areas

with higher quality habitat. One is in the area south of Lake

Thonotosassa. In that location, there is a natural gas pipeline

corridor that already disturbs the area in the proposed

corridor. In the area of the bald eagle's nest, clearing in the

ROW would be limited to 25 to 100 feet in width. Also, the

Conditions of Certification require extensive surveys and plans

for wildlife protection. The area has experienced clearing and

tree removal to accommodate development. Care was taken in

routing the proposed corridor to avoid or minimize proximity of

the corridor to known listed species locations, including

routing inputs from wildlife agencies such as the FFWCC and the

U.S. Fish and Wildlife Service (USFWS). Clearing of additional

natural habitats and potential wetland impacts will be

minimized.

77. During the regional screening route selection process

the known locations of bald eagle nests were identified and

mapped. Members of the public pointed out at the open houses

that there existed a previously unreported bald eagle nest in

the area north of Jess Baldwin Road. This was subsequently

verified and identified as a correct location of an eagle nest

that had been previously unknown to the FFWCC and USFWS. When

the nest was identified and located, the corridor was expanded

up to 5,100 feet in this area to give TECO maximum flexibility

in avoiding potential impacts to the nest as well as to existing

homes in the area. TECO has begun a long-term monitoring

program for this particular nest and this will be continued

until such time as the applicant and the agencies deem it

sufficient. The program is designed to monitor the activity of

the eagles in the area with respect to successful breeding,

successful rearing of the young, and the habitat usage and

flight patterns from that nest. This information will be

utilized in the selection of the ultimate ROW in this area to

avoid any impacts to the nesting area.

78. The USFWS and FFWCC establish buffers for limiting

activity in proximity to an eagle's nest. The buffers are

either 330 feet or 660 feet in diameter, depending on the level

of construction activity that is to be carried out. In cases in

which a more minimal level of construction is to be performed, a

660-foot buffer must be maintained if there is not visual buffer

between the nest and the construction activity. A 330-foot

buffer must be maintained at all times. If a visual buffer can

be maintained in the area of this eagle's nest, the buffer size

could be reduced below 660 feet, providing additional

flexibility for the location of the ROW. This determination

will be made by the USFWS and FFWCC.

79. Construction of the line within the proposed corridor

will not cause a significant adverse impact to the current

condition and relative value of functions of the vegetative

communities within the corridor. Much of the length of the

corridor allows placement of the transmission line within or

adjacent to existing linear features to take advantage of

previous disturbances to vegetation. TECO will also minimize

impacts to forested wetland vegetation through the use of

restrictive clearing practices during both construction and

maintenance. In the forested wetland portions of the ROW, trees

and shrubs that have an expected mature height greater than

fourteen feet and "danger trees," which are trees that could

fall into the conductors and cause an outage, will be removed.

Other vegetation will generally not be disturbed. In these

areas, vegetation will be removed by hand, usually with chain

saws or with low-ground-pressure equipment to reduce soil

compaction and damage to ground cover. The removal of

vegetation in forested wetlands will not significantly affect

the vegetative root mat or soil surface conditions. The non-

forested wetlands should not require any clearing.

80. There will be some filling in wetlands associated with

the placement of pole pads and access roads. However, TECO will

minimize these impacts through a careful alignment of the ROW

and the varying of span distances between poles. TECO will also

install an appropriate number and size of culverts to properly

maintain existing wetland hydroperiods along areas of fill in

wetlands. Also, any unavoidable wetland impacts associated with

the project will be mitigated in accordance with the Conditions

of Certification.

81. TECO has utilized information from the Hillsborough

and Polk County Comprehensive Plans and the Department of State,

Division of Historical Resources (DHR), to identify potential

archeological and historical resources within the proposed

corridor. A number of locations were identified as a result of

the information and the Conditions of Certification require that

a survey be performed when the actual ROW is located. If any

artifacts are found the information will be submitted to the DHR

for analysis and decisions will be made as to how to proceed.

The proposed corridor contains the least potential impacts to

known sites and the corridor allows ample opportunity for siting

the ROW to avoid potential historic and archeological sites.

82. In addition to comments from the public described in

Finding of Fact 74, a number of members of the public expressed

concern over the environmental impacts from the construction and

maintenance of the transmission line. Some of those expressing

concerns have residences or property in the area of the expanded

corridor surrounding the eagle's nest. Although some of these

individuals are within the corridor, it is not clear at this

point that they will be near or adjacent to the ROW which is

ultimately selected. The ROW is proposed to be within the

expanded corridor in this area. The eagle's nest presents a

constraint with a 330 or 660-foot buffer. Evaluations will be

performed considering impacts to the community and homes,

impacts to the environment, and costs. If the buffer is reduced

to 330 feet this will assist in the routing of the ROW. As

detailed above, TECO engaged in extensive public outreach, made

efforts to avoid populated areas with the corridor location, and

the Conditions of Certification require extensive measures to

eliminate or minimize the potential impacts on wildlife and

habitat. TECO will minimize any necessary cutting of trees in

areas that do not already have an established ROW. The area of

clearing will be limited to from 25 to 100 feet in width.

83. The Project will comply with all applicable state,

regional, and local nonprocedural regulations, including the

wetland regulatory standards applicable to such projects.

d. Balance of Need versus Impacts

84. The Project effects a reasonable balance between the

need for a transmission line as a means for providing abundant

low cost energy and the impact upon the public and the

environment resulting from the location of the transmission line

corridor and the construction and maintenance of the

transmission line.

V. Conditions of Certification

85. The design, construction, and operation of the line in

the proposed corridor will comply with the Conditions of

Certification set forth in Department Exhibit 4.

86. The Conditions of Certification establish a post-

certification review process through which the final ROW, access

road, and structure locations will be reviewed by agencies with

regulatory authority over the project for the purpose of

monitoring for compliance with the Conditions of Certification.

87. While the proposed corridor has few homes in close

proximity to it and very limited wetland crossings, TECO has

agreed to conditions of certification that further minimize land

use and environmental impacts. For example, TECO has agreed

that to the extent practicable it will locate its ROW to avoid

the taking of homes, to collocate the ROW within or adjacent to

existing ROWs, and to vary the length of the span between poles

as appropriate to eliminate or reduce wetland impacts.

CONCLUSIONS OF LAW

88. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of this

proceeding. §§ 120.569 and 403.527(1), Fla. Stat.

89. This certification proceeding was held pursuant to the

Transmission Line Siting Act, Sections 403.52 through 403.5365,

Florida Statutes, and Florida Administrative Code Rule Chapter

62-17, Part II. The intent of this certification process is:

to fully balance the need for the

transmission lines with the broad interests

of the public in order to effect a

reasonable balance between the need for the

facility as a means of providing abundant

low-cost electrical energy and the impact on

the public and the environment resulting

from the location of the transmission line

corridor and the construction and

maintenance of the transmission lines.

§ 403.521, Fla. Stat. To implement this intent, the Legislature

has set forth specific requirements for the PSC to determine the

need for the proposed transmission line and address other

matters within its jurisdiction, for other various agencies to

prepare reports and studies regarding matters within their

jurisdiction, for publication of notice of the application and

certification proceeding, for third parties to have an

opportunity to offer alternate corridor routes for

consideration, and for criteria to be considered in determining

whether an application should be approved in whole, approved

with modification or conditions, or denied. See §§ 403.526,

403.527, 403.5271, 403.529, and 403.537, Fla. Stat.

90. All parties identified in Finding of Fact No. 1 have

standing in this proceeding.

91. TECO has the burden of proving that, under the

criteria of Section 403.529(4)(a)-(e), Florida Statutes, the

proposed corridor for the Willow Oak-Wheeler-Davis transmission

line should be certified as proposed based upon a preponderance

of the evidence presented at the certification hearing. See,

e.g. , Fla. Dept. of Transp. v. J.W.C Co., Inc. , 396 So. 2d 778,

788 (Fla. 1st DCA 1981).

92. The evidence in the record of this proceeding

demonstrates compliance with the procedural requirements of the

TLSA, including the notice requirements for the certification

and public hearings. It is noted that TECO voluntarily engaged

in an extensive public outreach program that included additional

newspaper notices and extensive mailings.

93. In deciding whether TECO's Application should be

approved, approved with conditions, or denied, the Siting Board

must determine whether, and the extent to which, the location of

the corridor and the construction and maintenance of the

transmission line in the corridor will:

(a) Ensure electric power system

reliability and integrity;

(b) Meet the electrical energy needs of the

state in an orderly and timely fashion;

(c) Comply with nonprocedural requirements

of agencies;

(d) Be consistent with applicable local

government comprehensive plans; and

(e) Effect a reasonable balance between the

need for the transmission line as a means of

providing abundant low-cost electrical

energy and the impact upon the public and

the environment resulting from the location

of the transmission line corridor and the

maintenance of the transmission lines.

§ 403.529(4), Fla. Stat.

94. Compliance with Section 403.529(4)(a), Florida

Statutes . The PSC determined the need for a new 230 kV

transmission line between the planned Willow Oak and Wheeler

substations with an intermediate connection to the existing

Wheeler substation in Order No. PSC-07-0522-FOF-EI issued on

June 21, 2007. Among other things, the PSC found that the

existing 230 kV transmission network will not have sufficient

capability to provide reliable service to the existing and

proposed substations by the year 2012. The PSC also found that

some of the projected load to be served by the proposed

distribution substations will be located further east and north

of the existing 230 kV transmission network. It further found

that the proposed transmission line is needed by March 2012 to

(a) provide additional transmission reinforcement to the

existing 230 kV transmission network north of State Road 60,

west of Willow Oak substation and to the east of the existing

River substation in a reliable manner consistent with other

applicable standards; (b) serve the increasing load and customer

base in the projected service area; and (c) provide for another

electrical feed via a separate ROW path, thereby reducing the

impact of the loss of the existing transmission facilities on a

common ROW. The PSC's determination of need for the project is

binding on all parties to the certification proceeding. See

§ 403.537(1)(d), Fla. Stat. Based upon the PSC Order

determining need, a prima facie showing that the proposed

transmission line would enhance electric system reliability,

integrity, and restoration of service has been made. Finally,

the PSC found that the corridor meets the criteria of

Section 403.529(4)(a), Florida Statutes.

95. Compliance with Section 403.529(4)(b), Florida

Statutes . The PSC acknowledged in its Order Determining Need

for the proposed line that TECO demonstrated the need for the

line by March 2012. Evidence regarding the design of the

transmission line, the construction phases for the transmission

line, including the projected 12 to 18-month construction

schedule, and the proposed location of the line, demonstrates

that the Project will meet the electrical needs of the State in

an orderly and timely fashion within the timeframes established

by the PSC.

96. Compliance with Section 403.529(4)(c), Florida

Statutes . The evidence supports a conclusion that the location

of the transmission line in the proposed corridor and the

construction and maintenance of that line in conformance with

the recommended Conditions of Certification contained in

Department Exhibit 4 will comply with the non-procedural

requirements of all agencies.

97. Compliance with Section 403.529(4)(d), Florida

Statutes . The evidence supports a conclusion that there are no

inconsistencies between the proposed transmission line and the

comprehensive plans adopted by local governments whose

jurisdictions are crossed by the proposed line.

98. Compliance with Section 403.529(4)(e), Florida

Statutes . The location of the proposed corridor and the

construction, operation, and maintenance of the transmission

line in that corridor provide a reasonable balance between the

need for the transmission line and the impact of the

transmission line upon the public and the environment. The

impact upon the public and the environment will be minimized by

the collocation with existing linear facilities where feasible,

the practices that TECO will utilize concerning clearing

activities and construction and operation activities to minimize

unnecessary clearing, the avoidance of wetland areas where

feasible, the avoidance of taking homes where feasible, and

compliance with the extensive Conditions of Certification that

have been imposed by the Department and other agencies.

Measures have been and will be taken to minimize the impact to

the previously undocumented bald eagle's next and a buffer of at

least 330 feet will be established in accordance with applicable

guidelines to protect the nest. The corridor has been widened

in appropriate locations to provide TECO with flexibility in

locating the ROW, and the Conditions of Certification have

requirements to which TECO has agreed concerning the

establishment of the ROW and impacts to the environment and

residents. The electric and magnetic field levels expected from

the transmission line have been shown to be significantly below

the maximum limits in effect in Florida and a small fraction of

the lowest levels that have ever been even proposed based upon

potential effects to human health. The evidence does not

demonstrate that the location of the ROW in reasonable proximity

to Intervenors' residence will increase the potential exposure

to electric and magnetic fields of the residents beyond that

which is already occurring as a result of everyday living.

Research has not demonstrated that levels in the range expected

from the Project produce any adverse health effects. The

overall impacts of the Project have been shown to be minimal,

particularly when balanced with the significant electrical

energy requirements that will be satisfied by construction and

operation of the transmission line within the proposed corridor.

99. While the concerns of Intervenors and the members of

the public who offered comments on the proposal are genuine and

well-intended, they do not constitute a basis under the TLSA or

applicable Department rules for modifying, or providing further

conditions to, the corridor, or denying the Application. 3

100. Based upon a preponderance of the evidence presented

at the certification hearing, TECO has met its burden of proving

that the transmission line and related facilities should be

certified as proposed, subject to the Conditions of

Certification included in Department Exhibit 4.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMMENDED that the Siting Board enter a Final Order

approving Tampa Electric Company's Willow Oak-Wheeler-Davis 230

kV Transmission Line Application for Certification subject to

the Conditions of Certification set forth in Department Exhibit

4.

DONE AND ENTERED this 13th day of May, 2008, in

Tallahassee, Leon County, Florida.

S

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 13th day of May, 2008.

ENDNOTES

1/ All subsequent references are to the 2007 version of the

Florida Statutes.

2/ The estimated capital cost of the transmission line is $72.2

million, excluding right-of-way costs. See TECO Exhibit 1,

Appendix A.

3/ For obvious reasons, it can be said with almost certainty

that no owner, tenant, or lessee desires to have a transmission

line, with large concrete poles, related equipment, and wires,

placed near or adjacent to his or her property.

COPIES FURNISHED:

Lea Crandall, Agency Clerk

Department of Environmental Protection

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3000

Gregory M. Munson, General Counsel

Department of Environmental Protection

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3000

Lawrence N. Curtin, Esquire

Holland & Knight LLP

Post Office Box 810

Tallahassee, Florida 32302-0810

Toni L. Sturtevant, Esquire

Department of Environmental Protection

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3000

Kelly A. Martinson, Esquire

Department of Community Affairs

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

Marva M. Taylor, Esquire

Assistant County Attorney

601 East Kennedy Boulevard

County Center, 27th Floor

Tampa, Florida 33602-4156

Michael E. Duclos, Esquire

Assistant County Attorney

Post Office Box 9005

Bartow, Florida 33831-9005

Martha A. Moore, Esquire

Southwest Florida Water Management District

2379 Broad Street

Brooksville, Florida 34604-6899

Susan Watson

3624 Windchime Lane

Dover, Florida 33527-4930

Seauching Yu, Esquire

Department of Transportation

605 Suwannee Street

Mail Station 58

Tallahassee, Florida 32399-0458

James V. Antista, General Counsel

Florida Fish and Wildlife

Conservation Commission

620 South Meridian Street

Tallahassee, Florida 32399-1600

Manny L. Pumariega, Executive Director

Tampa Bay Regional Planning Council

4000 Gateway Centre Boulevard, Suite 100

Pinellas Park, Florida 33782-6138

Patricia M. Steed, Executive Director

Central Florida Regional

Planning Council

555 East Church Street

Bartow, Florida 33830-3931

Samantha M. Cibula, Esquire

Florida Public Service Commission

2540 Shumard Oak Boulevard

Tallahassee, Florida 32399-0850

Shaw P. Stiller, General Counsel

Department of Community Affairs

2470 Centerview Drive

Tallahassee, Florida 32399-2100

NOTICE OF RIGHT TO FILE EXCEPTIONS

All parties have the right to submit written exceptions within

15 days of the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will render a final order in this matter.