05-002478TL In Re: Florida Power And Light St. Johns-Pellicer-Pringle 230 Kv Transmission Line Project Transmission Line Siting Application No. Ta05-13 vs. * Status: Closed Recommended Order on Monday, March 6, 2006.

Summary: Florida Power and Light demonstrated that a proposed transmission line from St. Johns County to Flagler County met all statutory requirements and should be certified.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: FLORIDA POWER & LIGHT )

ST. JOHNS - PELLICER - PRINGLE, )

230 KV PROJECT, TRANSMISSION ) Case No. 05 - 2478TL

LINE SITING APPLICATION NO. )

TAO5 - 13. )

___ ____________ ________________ )

RECOMMENDED ORDER

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

on January 10 , 2006 , in St. Augustine, Florida, before the

Division of Administrative Hearings, by its assigned

Administrative Law Judge, Donald R. Alexander .

APPEARANCES

For Florida Power Carolyn S. Raepple , Esquire

& Light Company: Hopping Green & Sams, P.A.

P ost Office Box 6526

Tallahassee, Florida 32314 - 6526

For Department Scott A. Goorland , Es quire

of Environmental D epartment of Environmental Protection

Protection: Mail Station 35

3000 Commonwealth B oulevard

Tallahassee, Florida 32399 - 3000

For St. Johns Michael D. Hunt, Esq uire

County: Deputy County Attorney

4020 Lewis Speedway , Suite 1120

St. Augustine, F lorida 32084 - 8637

For St. Johns Veronika Th i e bach , Esq uire

River Water St. Johns River Water Management District

Management 4049 Re id Street

District: Palatka, F lorida 32177 - 2529

STATEMENT OF THE ISSUES

The issues for determination are whether and the extent to

which the properly proposed corridor (the FPL Corridor) for the

St. Johns - Pellicer - Pringle 230 - kV transmissio n line (the SJPP

Line) complies with the criteria in Section 403.529(4)(a) - (e),

Florida Statutes (2005) 1 , and whether Florida Power & Light's

(FPL 's ) application for corridor certification should be

approved in whole, with modifications or conditions, or d enied.

PRELIMINARY STATEMENT

Pursuant to Section 403.537, F lorida S tatutes , FPL

submitted a Petition to Determine Need for the SJPP Line project

to the Public Service Commission (PSC) on March 25, 2005 . The

PSC issued Order No. PSC - 0 5 - 0527 - FOF - EI, dated May 13, 2005 ,

determining the need for the SJPP Line.

On July 5, 2005, FPL filed its Application for Corridor

Certification for the SJPP Line (Application) with the

Department of Environmental Protection (Department) an d paid the

appropriate application fee . The Application wa s filed under

the Transmission L ine Siting Act (TLSA), codified in Section s

403.52 through 403.5365, Florida Stat utes , for a new 230 - kV

overhead transmission line and related facilities connecting the

existing St. Johns substation near St. Augustine in St. Johns

County to the proposed Pringle s ubstation in the C ity of Palm

Coast in Flagler County (the Project).

The various reviewing agencies have submitted reports on

the Project and have proposed Co nditions of Certification. On

D ecember 9, 2005 , the D epartment issued its Summary and

Compilation of Agency Reports Including Proposed Conditions of

Certification for the Project, incorporating the reports of the

reviewing agencies and proposing a compiled set of Conditions of

Certifica tion. During the certification hearing, a R evised

Summary and Compilation of Agency Reports, including an updated

version of the proposed Conditions of Certification , dated

December 29, 2005, was a dmitted into the record as Department

Exhibit 1 .

The ce rtification hearing was held on January 10, 2006.

All notices required by law were timely published in accordance

with Section 403.527, F lorida 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.

FPL presented one witness and offered composite exh ibits

numbered FPL 1 , which includes the prefiled written testimony of

four witnesses , Daniel Hronec, Analee Mayes , Anthony N. Arcuri,

and Philip Simpson, and exhibits numbered as DH - 1, DH - 2, DH - 3,

AM - 1, AM - 2, PS - 1, and TA - 1 , and FPL 2 , which contains the

various notices of publication relat ed to this matter. A lso, on

January 20, 2006, FPL submitted late - filed exhibit FPL 3, which

includes the public notices from the D epartment 's website .

Finally , official recognition of these notices has been taken.

At the hearing, FPL presented the te stimony of Daniel

Hronec, P.E., an expert in electrical transmission line

engineering, who t estif ied and submitted pre - filed written

testimony and exhibits . FPL also submitted pre - filed testimony

and exhibits from: Analee Mayes, AICP, an expert in land us e

planning; Anthony N. Arcuri, an expert in botany, vegetative

mapping , and listed plant species; and Phil ip Simpson, an expert

in wildlife ecology and transmission line impacts to t errestrial

ecological resources. All pre - filed written testimony and

exhi bits submitted by FPL have been received into evidence

without objection.

In addition to presenting the Revised Summary and

Compilation of Agency Reports, the Department presented the

testimony of Ann Seiler, an Environmental Specialist III who

coordinate d the processing of the Application , and prepared the

Revised Summary and Compilation of Agency Reports .

A publi c hearing was held at 11 :00 a .m. on January 10 ,

2006 , for the purpose of allowing members of the public an

opportunity to present evidence and testimony. No member of the

public appeared to testify.

The Transcript of the final hearing was filed with the

Division of Ad ministrative Hearings on January 18, 2006 . On

February 16, 2006, FPL filed a Proposed Recommended Order which

has been substant ially used in the preparation of this

Recommended Order.

FINDINGS OF FACT

Based upon all of the evidence the following findings of

fact are determined:

I. Parties

1. The TLSA establishes FPL and the Department as parties

to this proceeding, and the follo wing became parties upon their

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

has done: F lorida D epartment of Transportation (D OT ) ,

D epartment of Community Affairs (D CA ) , St. Johns River Water

Management District ( SJR WMD ) , St. Johns County, and the C ity of

Palm Coast . See § 403.527(4), Fla. Stat.

II. The Application

A . Project Description

2. Generally, a n electrical transmission line ' s purpose is

to transport large amounts of electricity from a generating

facility to one or more substati ons. 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. FPL is seeking certificat ion of a corridor between the

existing St. Johns substation and the proposed Pringle

substation within which it will ultimately construct the SJPP

Line on a narrow right - of - way (ROW). Once all property

interests in the ROW are acquired, the boundaries of the

corridor will shrink to the typical width of the 15 to 60 - foot

ROW.

4. The service area for the proposed SJPP Line (the

Project Service Area) is St. Johns County and Flagler County .

T he SJPP Line will follow Interstate 95 (I - 95) in a north - south

di rection and will connect to the proposed intermediate

Deerwood, Vermont, Anastasia , and Pellicer substations.

5. The Project Service Area includes an area of increasing

load and customer base in the area south of St. Johns and north

of Pringle substatio ns and to the west of the existing Bunnell -

St. Johns 115 - kV transmission line.

6. The three objectives of the SJPP Line project are: (1)

to address the need, as confirmed by the PSC , to serve FPL ' s

increasing load and customer base in the area south of St. Johns

and north of Pringle substations in a reliable manner; ( 2) to

provide additional transmission reinforcement to the existing

115 - kV transmission line between the Bunnell and St. Johns

substations; and (3) to efficiently and effectively integrate

a nd serve new distribution substations that are needed to serve

projected load growth within Flagler and St. Johns Counties .

The primary path for the SJPP transmission line bringing

electricity into the Project Service Area will be aligned within

or adjace nt to existing linear features, such as existing road,

transmission line and railroad ROWs. The only exception is a

distance of less than half a mile in length between the proposed

Vermont substation in the St. Augustine Industrial Park and

I - 95, where the corridor largely follows property lines.

7. The primary path for the SJPP transmission line

bringing electricity into the Project Service Area will be

aligned within or adjacent to existing linear features, such as

existing road, transmission line, and railroad ROWs. The only

exception is a distance of less than half a mile in length

between the proposed Vermont substation in the St. Augustine

Industrial Park and I - 95, where the corridor largely follows the

property line.

B. Need for the SJPP Line

8. The P SC determined a new 230 - kV transmission line

between the St. Johns substation and the proposed Pringle

substation is needed, taking into account the need for electric

system reliability and integrity in northeast Florida and the

need to provide a bundant, low - cost electrical energy to assure

the economic well - being of the citizens of the State,

particularly those in northeast Florida.

9. The PSC noted that FPL ' s planning studies indicate this

additional transmission capacity will be needed by Dec ember 2008

to alleviate potential overloads and low voltage conditions that

could result from a single contingency event. Without the

addition of this transmission capability by 2008, the PSC found

that up to 8,300 electric customers could experience serv ic e

interruptions.

10. The PSC recognized that the Siting Board will make the

final corridor selection upon consideration of the factors and

criteria specified in Section 403.529, Fl orida Stat utes .

C. Transmission Line Design

11. The typical design for the SJPP Line will be a single -

circuit unguyed concrete pole structure, 90 feet above grade in

height, with the conductors framed in a vertical configuration.

Each of the three conductors is anticipated to be a 1,431

thousand circular mils , aluminum cond uctor, steel reinforced

alumoweld core. There will also be a smaller overhead ground

wire to provide shielding and lightning protection for the

conductors and provide communications capability . The maximum

current rating for the line will be 1,905 ampere s. In some

locations, electric distribution lines and communication cables

may also be attached to the structures bene ath the conductors .

12. In some locations, such as along FPL ' s St. Johns - Tocoi

transmission line right - of - way and along Tocoi Road, a d ouble -

circuit configuration, with or without distribution underbuild,

may be used.

13. The span length between structures will ty pically vary

between 250 and 75 0 feet , depending on site - specific conditions,

ROW widths , and other design considerations. Both pole height

and span length may vary to accommodate such things as locating

poles to coincide with property boundaries or existing

collocated utility facility poles, to avoid or minimize wetland

impacts, to cross other utility lines, and to facilitate wide

crossings of water bodies and roadways.

14. Where the transmission line turns large angles or

crosses other major linear facilities , the structures may be

guyed or anchored to support the differential tension.

15. 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 about 14 feet , with a 2 - to - 1 side

slope, and a minimum elevation of 6 inches over me an or seasonal

high water. Structur e pads will have variable sizes, depending

on site specific requirements, but will be of sufficient size to

provide access to structure locations for the large construction

equipment. Access roads and structur e pads wil l not be paved.

Culverts will be installed beneath access roads and structure

pads with spacing, diameter , and length to maintain

preconstruction flo ws.

16. The design of the SJPP Line complies with good

e ngineering practices. The SJPP Line will be des igned in

compliance with all applicable design codes, including the

National Electrical Safety Code (NESC) , the D epartment's

regulations on electric and magnetic fields, the DOT Utility

Accommodation Manual, the St. Johns County and City of Palm

Coast nois e ordinances, and standards of the Amer ican Society of

Civil Engineers (ASCE) , the Institute of Electrical and

Electronics Engineers , Amer ican Society of Testing Materials,

American National Standards Institute, and American Concrete

Institute, as well as FPL ' s own design standards.

17. The Project assures the citizens of Florida that

operation safeguards are technically sufficient for their

welfare and protection.

D. Transmission Line Construction

18. Surveying the ROW to facilitate acquisition of th e

necessary property interests is a first step towards

construction. After property rights for the ROW have been

acquired, the initial phase of construction is to clear the ROW.

Since nearly the entire length of the FPL Corridor is collocated

with existi ng roads and utility facilities, the need for

acquisition of private property and the need for clearing ha ve

been minimized. Clearing will consist mainly of tree trimming

and the removal of trees that exceed or are capable of exceeding

14 feet in height. 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.

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

and structure pads will be constructed. Typically, access road s

and pads are only required in wet and low areas. This enables

all subsequent construction activity in those wet areas to

remain on the ne wly constructed access road and pad.

20. The next phases of construction involve the physical

transmission line construction. Initially, materials are

brought to the jobsite. Next, holes are augered at each pole

location and the poles are then erected using cranes or other

heavy equipment. The hole is then backfilled with suitable

fill. Typically, the pole is embedded into the ground

approximately 16 to 20 feet .

21. After the poles are set, the poles are framed , that

is, the insulators and hardware a re installed on the pole. Then

through a wire pulling operation the conductors and overhead

groun d wires are installed. The conductors are then properly

sagged and tensioned to provide the proper vertical clearances.

Next, the conductors are " lipped in " to the insulator

assemblies. The final stage of constru ction is ROW clean - up.

22. During all stages of construction, FPL will maintain

traffic on any adjacent county, state , or federal roadways in

compliance with applicable DOT and St. Johns County regu lations .

23. Throughout construction, sedimentation management

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

be employed as necessary to minimize potential impacts from

e rosion and sedimentation.

24. While each phase of construction w ill typically take

only 1 to 7 days in an area, the entire SJPP Line construction

process will last approximately 13 months.

E . Methodology for Choosing FPL Corridor

25. On project initiation, FPL management instructed its

multi - disciplinary corridor se lection team to identify, if it

could, a corridor for the SJPP Line that connects the St. Johns

and Pringle substations and allows connections to the proposed

intermediate substations.

a. Corridor Selection and Public Involvement

26. FPL established a m ulti - disciplinary team to identify

and evaluate routing alternatives within the Project Study Area.

This multi - disciplinary team was comprised of a transmission

line engineer, a land use planner, and an ecologist.

27. FPL ' s multi - disciplinary team gathere d data on siting

opportunities and constraints within the study area and

identified 45 line segments which could be assembled into

approximately 630 alternate routes for the SJPP Line.

28. FPL also engaged in an extensive public participation

program to gather input for its route evaluation study. This

public participation program included an open house, mass

mailings, a community surve y, a toll - free telephone number and

an e - mail address, a website, and meetings with regulatory

agencies, community assoc iations, homeowner groups, and

individual homeowners and property owners.

29. 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,

ide ntification of route segments to be evaluated, and weights to

be assigned to the route evaluat ion criteria.

30. FPL ' s multi - d isciplinary team evaluated the 630 routes

quantitatively, using 11 weighted factors , and then evaluated in

more detail, using bot h quantitative and qualitative criteria, a

few distinct routes identified from among the highest - ranking

routes .

31. Through this process, FPL ' s multi - disciplinary team

was able to identif y a route o f the FPL Corridor that , on

balance , is the most approp riate considering environmental, land

use, engineering, and cost considerations.

32. Once the preferred alignment was identified, the

multi - disciplinary team delineated the boundaries or width of

the FPL Corridor to provide flexibility for l ocating the

e ventual ROW within that corridor.

b . Agencies ' Review of FPL ' s Application and Resulting

Determinations

33. S tate, regional , and local agenc ies with regulatory

authority over the project reviewed FPL ' s Application and

submitted to the Department a repo rt as to the impact of the

proposed SJPP Line on matters within the agency ' s jurisdiction,

as required by Section 403.526(2), Fl orida Statutes. The

Department then compiled these reports and made a recommendation

that the SJPP Line be granted approval sub ject to appropriate

conditions.

III. Stipulations Entered Into by Parties

34. All agency parties filed stipulations with FPL in

which these parties and FPL agreed to the Conditions of

Certification for the SJPP line and the entry into the record of

the pre - file d written testimony and exhibits of FPL ' s witnesses .

IV. D etailed Description of the FPL Corridor

35. Almost the entire length of the FPL Corridor is

collocated with existing linear features, such as roa ds and

transmission lines. This collocatio n will minimize impacts of

the new SJPP Line. The width of the FPL Corridor varies along

the route to provide flexibility within the corridor to minimize

or avoid impacts to such areas as existing developments and

large wetland areas.

A. F rom the St. Johns Substation to the Deerwood

Substation

36. The SJPP line will exit the existing St. Johns

substation at SR 207 near Lightsey Boulevard and utilize the

existing 110 - f oo t - wide St. Johns - Tocoi 230 - kV ROW. The FPL

Corridor will be collocated within this exis ting ROW north and

west until the intersection with I - 95. Along the existing ROW

and in the vicinity of the St. Johns substation, the land use is

residential or vacant.

37. At I - 95, the preferred corridor will follow the

eastern ROW line of the highway south to the intersection with

Tocoi Road. The corridor in this stretch is 500 f ee t wide.

Within the corridor in this stretch, the land use is vacant.

There is some residential development outside the corridor to

the east.

38. At the I - 95/Tocoi Road i ntersection, the FPL Corridor

is expanded in all four quadrants following property lines to

allow FPL flexibility in traversing the short distance to

Deerwood substation and crossing I - 95 to proceed south f rom

Deerwood.

39. The FPL Corridor follows Tocoi Road to enter and exit

the proposed Deerwood substation, encompassing 100 f ee t or less

in width on both the north and south sides of the road. The

line will be built either on the south or north side of the

road. A FPL distribution line currently exists on the south

side of Tocoi Road .

B. F rom the Deerwood Substation to the Vermont Substation

40. The FPL Corridor will leave the Tocoi Road alignment

at the I - 95 intersection. The FPL Corridor then follows the

western ROW edge of I - 95 south to the FEC Railr oad, where the

corridor turns to the southwest for a short distance. In this

section, the corrid or is 500 f ee t wide.

41. At the north end of the St. Augustine Industrial Park,

the corridor follows property lines to the access road (Deerpark

Boulevard) i nto the industrial park. The corridor is 200 f ee t

wide in this section. From the north end of the access road,

the FPL Corridor follows the east edge of the road south to the

Vermont substation site , is 100 f ee t wide in this section , and

includes an exis ting FPL distribu tion line.

C. From the Vermo nt Substation to the Anastasia

Substation

42. The FPL Corridor exits the Vermont substation heading

northeast toward I - 95. In this area, the corridor will be of

variable width and will include both sides of S tate Road 207 (SR

207) . An existing 115 - kV FPL transmission line already occupies

the north side of the SR 207, and a distribution line is located

on the south side. An existing FPL distribution line traverse s

north - south in this area and is also include d in the corridor.

In the area between the Vermont substation and I - 95 , the

corridor is north and east of existing residential subdivisions.

43. The corridor between the Vermont substation and I - 95

is widened to allow flexibility in accommodating a num ber of

land use and engineering considerations. These considerations

include the crossing of SR 207, the existing transmission line

and distribution lines, existing residential development south

of SR 207, existing commercial development north of SR 207, and

a large borrow pond west of I - 95.

44. The corridor will reach I - 95 south of SR 207, at which

point it will then follow I - 95 ' s western boundary southward.

The corridor is 500 f ee t wide in this area where it parallels

I - 95 south to SR 206.

45. The predominant land use in the area between the

Vermont and Anastasia substations is silviculture.

D. From the Anastasia Substation to the Pellicer

Substation

46. At the intersection of SR 206 and I - 95, the corridor

is again widened variably to include the p roperties on the

northwest and southwest quadrants of the interchange to provide

flexibility in finalizing the Anastasia substation plans and

providing ingress and egress to that substation.

47. The FPL Corridor will exit the Anastasia substation

and fo llow the western boundary of I - 95 southward. The corridor

is 500 f ee t wide in this stretch with the exception of the

location of a rest area on the west side of I - 95 , approximately

2.5 miles south of Anastasia substation . The corridor is of

variable widt h around the rest area, but generally 1,000 f ee t

wide to allow flexibility in traversing either the front or rear

of the rest area. In this area, the predominant land use is

silviculture.

48. Where I - 95 intersects the FEC Railroad north of C ounty

Road 2 04 (CR 204) , the FPL Corridor turns and follows the

railroad southward. The corridor is located along the east side

of the railroad and is 500 f ee t wide. North of CR 204, the

corridor is expanded along the road to allow ingress to the

Pellicer substation site located south of CR 204 and east of the

railroad. Land uses in this area are primarily silviculture.

E. From the Pellicer Substation to the Pringle Substation

49. The FPL Corridor includes the entire Pellicer site,

which is already owned by FPL, alo ng the east side of the FEC

Railroad south to Pellicer Creek. The corridor in this area

crosses lands owned or proposed to be purchased by the SJRWMD

for conservation purposes for approximately one mile.

50. From Pellicer Creek south to the Pringle subs tation,

the corridor will follow the east side of the railroad bed and

will be variable in width, generally 150 to 300 f ee t wide.

51. At the Pringle substation site, which is already owned

by FPL, the corridor includes the entire substation site. The

FP L Corridor for the stretch sout h of Pellicer Creek falls in a

currently undeveloped portion of the Palm Coast Park D evelopment

of Regional Impact (D RI ) within the City of Palm Coast ' s

jurisdict ion. The development order for the Palm Coast Park DRI

provide s for an easement for the SJPP transmission line within

the FPL C orridor .

V. C ompliance With Section 403.529(4) C riteria

A . Ensure Electric Power System Reliability and Integrity

52. The PSC found that there are regional transmission

system limitations in St. Johns and Flagler Counties. By 2008,

the existing 115kV transmission network between the Bunnell

substation in Flagler County and the St. Johns s ubstation in

St. Johns County will not have sufficient capacity to provide

reliable electric service to the existing and proposed

substations in the area. The SJPP Line would be built to

alleviate potential overloads and low voltage conditions from a

single contingency event, which occurs when a single element

such as a generator, transmission circuit or transformer is

eliminated from the system. If the SJPP Line is not built,

service interruptions affecting up to 8,300 customers could

occur.

53. In addition, the PSC found that the FPL North Region

(extending from Indian River County to Nassau County) has grown

by a compound annual average growth rate of 3.7 percent over the

past five years. The SJPP Line is also needed to serve the

increasing load and customer base in the area.

54. O peration of the SJPP Line would be consistent with

the North Amer ican Electric Reliability Council and Florida

Reliability Coordinating Council transmission system standards.

55. FPL has a responsibility to provide safe and reliable

service to its customers. S ee § 366.03, Fla. Stat. The

provision of reliable electri c service is impor tant to FPL and

its customers. In the past, FPL has demonstrated the ability to

plan a reliable electric system consistent with the NESC and

ASCE standards.

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

Orderly and Timely Fa shion

56. The PSC recognized that FPL ' s planning studies

indicate that the SJPP Line is needed by December 200 8 to

alleviate potential overloads and low voltage conditions from a

single cont ingency event.

57. Location of the SJPP Line on the FPL Corrid or would

meet the electrical energy needs of the state in a timely

fashion .

C. Comply with the Nonprocedural Requirements of Agencies

58. Construction, operation , and maintenance of the SJPP

Line in the FPL Corridor will comply with applicable non -

proce dural requirements of agencies.

59. The D epartment has concluded that the project as

proposed will comply with all applicable D epartment statutes,

rules, policies, and procedures.

D. Be Consistent with Applicable Local Government

Comprehensive Plans

60. The D epartment has concluded that the SJPP Line as

proposed would produce a minimal adverse impact on the

environment and public health, safety , and welfare without

unduly conflicting with local statute s and local comprehensive

plans.

61. After certific ation of this project, FPL will acquire

the necessary property interest s in a ROW within the certified

corridor for placement of the SJPP Line. Construction of

transmission lines on such established ROWs is excepted from the

definition of " development " in Section 163.3164(5), Fl orida

Statutes. Accordingly, the provisions of the local

c omprehensive p lans related to " development " that have been

adopted by the local governments crossed by the SJPP Line are

not applicable to this project .

62. To the extent the c omprehensive p lans of the local

governments crossed by the SJPP Line include provisions

applicable to non - development activities , the proposed

transmission line in the FPL Corridor wo uld be consistent with

them.

63. The City of Palm Coast Comprehens ive Plan is

essentially silent on transmission lines as a land use, which is

consistent with such lines being excepted from the definition of

" development " regulated by the Plan.

64. Policy A.1.8.3 of the St. Johns County Comprehensive

Plan provides that " future utility facilities shall be located

to promote the efficient provision of services , minimize the

cost of construction and maintenance, and minimize the impact on

the natural environment. " Because of the thoroughness of the

corridor selection proc ess and criteria, and the appropriateness

of the corridor from a land use perspective, the proposed SJPP

L ine is consistent with that policy.

65. No variances or exemptions from applicable state or

local standards or ordinances are needed for the project .

E. Implementation of Legislative Intent in Section 40 3.521

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

Abundant Low - Cost Electrical Energy

66. The PSC determined that the SJPP Line is needed taking

into account the factors set forth i n Section 403.537, Florida

Statutes.

67. In the need proceeding, the PSC considered two

alternatives, including transmission modifications to the

existing 115 - kV system. The PSC accepted FPL ' s rejection of the

two alternatives " due to economics and conc erns with the ability

to serve additional future customers west of the I - 95/US - 1

corridor. " The PSC found that the proposed transmission line

would " 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. "

68. The PSC has determined that the estimated cost of the

Project is reasonable, and that the SJPP Line will assure the

economic we ll - 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

69. The SJPP Line is appropriate from a land use

perspective because this type of transmission line currently

exists in all types of land uses in Florida, including

residential, commercial, industrial, agricultural, and vacant

land. The SJPP Line takes advantage of the opport unity to be

collocated with other transmission lines, roadways, and railroad

ROWs for almost the entire distance. By following these

existing linear features, the FPL Corridor conforms to existing

and future development patterns, and minimizes intrusion i nto

residential areas and conservation lands. As a result, the

proposed SJPP Line is in proximity to relatively few residences

and only one crossing of lands either purchased or proposed for

purchase under federal, state , or local land acquisition

program s. Further, by collocating with other public and utility

ROWs, the amount of land that will be required for the SJPP line

is less than if it were not collocated.

70. The FPL Corridor minimizes impacts to existing homes

by following a route where there i s very little residential

development and where planned residential development is very

low density.

7 1. T he SJPP Line as proposed will comply with all

applicable non - procedural standards, including the noise

ordinances of St. Johns County and the C ity of Palm Coast, and

the standards adopted by the Department limiting the electric

and magnetic fields associated with transmission lines .

c. Impact Upon the Environment

72. The SJPP Line Project as proposed will have minimal

environmental impact.

73. Co nstruction of the SJPP Line within t he FPL Corridor

will not adversely affect the conservation of fish and wildlife,

including endangered or threatened species, or their habitats.

The FPL Corridor avoids or minimizes intrusion into the

undisturbed wildlif e 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 FPL Corridor is minimal from a wildlife ecology and

protected species perspective. Great care was taken in routing

the FPL Corridor to avoid or minimize proximity of the corridor

to known listed species locations, including routing inputs from

wildlife agencies such as the F lorida Fish and Wildlife

Conservation Commission (F F WCC ) and the U.S. Fish and Wildlife

Service. Further, due to the presence of existing linear

features along much of the route, clearing of additional natural

habitats and potential wetland impacts will be minimized.

74. Construction of the SJPP Line within t he FPL Corridor

will not cause a significant adverse impact to the current

condition and relative value of functions of the vegetative

communities within the FPL Corridor. First, nearly the entire

length of the FPL Corridor allows placement of the transmission

l ine within or adjacent to existing linear features to take

advantage of previous disturbances to vegetation . FPL will also

minimize impacts to forested wetland vegetation through the use

of restrictive clearing practices during both construction and

maint enance. In the forested wetland portions of the ROW , FPL

will only take out trees and shrubs that have an expected mature

height greater than 14 feet and " danger trees, " which are trees

that could fall into the conductors and cause an outage. In

these ar eas, vegetation will be removed by hand, usually with

chain saws, or with low - ground - pressure shear or rotary machines

to reduce soil compaction and damage to ground cover. The

removal of vegetation in forested wetlands will not affect the

vegetative root mat or soil surface conditions. The non -

forested wetlands should not require any clearing.

75. There will be some filling in wetlands associated with

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

minimiz e impacts on wetlands vegetatio n through a careful

alignment of the ROW and the varying of span distances between

poles. FPL will also install an appropriate number and size of

culverts to properly maintain existing wetland hydroperiods

along areas of fill in wetlands. Also, any unavo idable wetland

impacts associated with the project will be mitigated in

accordance with the Conditions of Certification.

76. FPL has agreed to avoid the removal of listed plant

species on public lands and waters, wherever practicable. When

removal is ne cessary on public lands/waters, FPL will consult

with the Department , F F WCC, and the Department of Agriculture

and Consumer Services to determine the appropriate steps to

minimize, mitigate , or otherwise appropriately address potential

project related impa cts to listed plant species. FPL ' s

commitment to avoid, minimize and/or mitigate potential impacts

to listed plant species within public lands and waters will

promote the conservation of endangered and threatened plant

species populations and their habita ts.

77. The SJPP Line Project will comply with all applicable

state, regional , and local non - procedural regulations, including

the wetland regulatory standards applicable to such projects.

d . Balance of Need versus Impacts

78. The SJPP Line would effe ct 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 mai ntenance

of the transmission line.

VI. C onditions of Certification

79. The design, construction , and operation of the SJPP

L ine as proposed in the FPL Corridor will comply with the

conditions of certification set forth in Department Exhibit 1.

80. T he conditions of certification establish a post -

certification review process through which the final right - of -

way, access road , and structure locations will be reviewed by

agencies with regulatory authority over the project for the

purpose of monitoring fo r compliance with the conditions of

certification .

81. While the FPL Corridor has few homes in close

proximity to it and very limited wetland crossings, FPL has

agreed to conditions of certification that further minimize land

use and environmental impact s. For example, FPL 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 re duce wetland impacts.

CONCLUSIONS OF LAW

82. The Division of Administrative Hearings has

jurisdiction over the parties to, and the subject matter of,

this proceeding. § § 120.569 and 403.527(2), Fla. Stat.

83. This certification proceeding was held pur suant to the

Transmission Line Siting Act, Sections 403.52 through 403.5365,

Florida Statutes, and Florida Administrative Code Chapter 62 - 17,

Part II. The intent of this licensing process is:

to fully balance the need for the

transmission lines with the b road 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 transmiss ion 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

o pportunity 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, a nd 403.529, Fla. Stat.

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

standing in this proceeding.

85. FPL has the burden of proving that , under the criteria

of Section 403.529(4), Florida Statutes, the FPL Corridor for

the SJPP Line should be certified as proposed based upon a

preponderance of the evidence presented at the certification

hearing. See , e.g. , F la. Dept. of Transp. v . J.W.C Co., Inc. ,

396 So. 2d 778, 788 (Fla. 1 st DCA 1981).

86. The evidence in the record of this proceeding

d emonstrates compliance with the procedural requirements of the

TLSA, including the notice requirements for the certification

and public hearings.

87. In deciding whether FPL ' s Application for Corridor

Certification should be approved, approved with condi tions, 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 balanc e

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

transmissio n lines.

§ 403.529(4), Fla. Stat.

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

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

transmission line between the St. Johns River and Pringle

substations in Order No. PSC - 05 - 0527 - FOF - EI, issued on May 13,

2005 . Among other things, t he PSC found that construction of

the proposed SJPP L ine would " improve the region ' s electric

reliability by minimizing the region ' s exposur e to single

contingency events." The PSC also found that if FPL does not

add th is new transmission capability by 2008, up to 8,300

electric customers could be subject to service interruptions.

Th e s e finding s of the PSC address the extent to which the

reliability, integrity , and service restoration of the electric

system will be enh a nced. Th e PSC ' s determination of need for

the SJPP Line Project is binding upon all parties to the

certification proceeding. § 403.537(1)(c), Fla. Stat. By

submitting the PSC Order Determining Need into the record, FPL

made a prima facie showing that th e FPL C orridor would enhance

electric system reliability, integrity , and restoration of

service. The PSC found that the FPL Corridor meets the

criterion of Section 403.529(a), Florida Statutes .

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

Statutes . The PSC acknowledged in its O rder D etermining N eed

for the SJPP Line that FPL ' s planning studies indicate the

proposed transmission line needs t o be in service by December

2008 to alleviate potential overloads and low voltage conditions

from a single co ntingency event. Evidence regarding the design

of the transmission line, the construction phases for the

transmission line, including the projected 13 - month construction

schedule, and the proposed location of the SJPP Line

demonstrates that the SJPP Line will meet the electrical needs

of the state in an orderly and timely fashion within the time

frames established by the PSC.

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

Statutes . The location of the SJPP Line in the FPL Corridor and

the construct ion and maintenance of that SJPP Line in

conformance with the recommended Conditions of Certification

contained in Department Exhibit 1 will comply appropriately with

the non - procedural requirements of all agencies.

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

Statutes . There are no inconsistencies between the proposed

SJPP Line project and the local government comprehensive plans

adopted by local governments whose jurisdictions are crossed by

the SJPP Line .

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

Statutes . The location of the FPL Corridor and the

construction , operation , and maintenance of the SJPP Line in

that corridor provide a reasonable balance between the need for

the transmission line and the impact of the transmission line

up on the public and the environment. The impact upon the public

and the environment will be minimized by the SJPP Line ' s

collocation with existing linear facilities for nearly its

entire length. Furthermore, the impact from clearing activities

and any othe r construction and operation activities associated

with the SJPP Line will be minimal, particularly when balanced

with the significant electrical energy requirements that will be

satisfied by the construction and operation of the SJPP

transmission line in the FPL Corridor.

93. Based upon a preponderance of the evidence presented

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

that the SJPP Line and related facilities should be certified as

proposed , subject to the Conditions of Certificati on included in

Department Exhibit 1.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMMENDED that the Siting Board enter a Final Order

approving FPL ' s St. Johns - Pellicer - Pringle 230 - kV Transmission

Line Applicat ion for Certification subject to the Conditions of

Certification set forth in Department Exhibit 1.

DONE AND ENTERED this 6th day of March, 2006, in

Tallahassee, Leon County, Florida.

S

DONALD R. ALEXANDER

Administrativ e Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrat ive Hearings

this 6th day of March, 2006.

END NOTE

1/ All subsequent references are to the 2005 version of the

Florida Statutes.

COPIES FURNISHED:

Lea Crand a ll, Agency Clerk

Department of Environmental Protection

3900 Commonwea l th Boulevard

Mail St ation 35

Tallahassee, Florida 32399 - 3000

Gregory M. Munson, General Counsel

Department of Environmental Protection

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399 - 3000

Carolyn S. Raepple, Esquire

Hopping Green & Sams, P.A.

Post O ffice Box 6526

Tallahassee, Florida 32314 - 6526

Scott A. Goorland, Esquire

Department of Environmental Protection

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399 - 3000

Kelly A. Martinson, Esquire

Department of Community Affairs

255 5 Shumard Oak Boulevard

Tallahassee, Florida 32399 - 2100

Michael D. Hunt, Esquire

Deputy County Attorney

4020 Lewis Speedway, Suite 1120

St. Augustine, Florida 32084 - 8637

Veronika Thiebach, Esquire

St. Johns River Water Management District

4049 Reid Str eet

Palatka, Florida 32177 - 2529

Lonnie N. Groot, Esquire

Stenstrom, McIntosh, Colbert

200 West First Street, Suite 22

Sanford, Florida 32771 - 1268

Seauching Yu, Esquire

Department of Transportation

605 Suwannee Street

Mail Station 58

Tallahassee, Flori da 32399 - 0458

James V. Antista, General Counsel

Florida Fish and Wildlife

Conservation Commission

620 South Meridian Street

Tallahassee, Florida 32399 - 1600

Brian D. Teeple, Executive Director

Northeast Florida Regional Planning Council

6850 Belfort Oaks Place

Jacksonville, Florida 32216 - 6241

Carl E. Kern, III, Esquire

Flagler County Attorney

1200 East Moody Boulevard, Suite 11

Bunnell, Florida 32110 - 5919

Martha Carter Brown, Esquire

Office of the General Counsel

Florida Public Service Commission

2540 Shumard Oak Boulevard

Tallahassee, Florida 32399 - 0850

Heidi M. Hughes, General Counsel

D epartment 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.