15-001559EPP Florida Power And Light Company Turkey Point Power Plant Units 3-5 Modification To Conditions Of Certification vs. *
 Status: Closed
Recommended Order on Monday, January 25, 2016.


View Dockets  
Summary: FPL demonstrated that the proposed modification complies with all applicable regulating criteria and with the certification criteria in the Power Plant Siting Act.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8FLORIDA POWER AND LIGHT COMPANY Case No. 15 - 1559EPP

18TURKEY POINT POWER PLANT UNITS

233 - 5 MODIFICATION TO CONDITIONS

29OF CERTIFICATION

31_______________________________/

32RECOMMENDED ORDER

34The final hea ring in this matter was held on December 1 - 4,

482015, in Miami, Florida, before Bram D. E. Canter, an

58Administrative Law Judge of the Division of Administrative

66Hearings (ÐDOAHÑ).

68APPEARANCES

69For Florida Power and Light Company (ÐFPLÑ) :

77Peter C. Cunningham, Esquire

81Gary V. Perko, Esquire

85Douglas S. Roberts, Esquire

89Jonathan Harrison Maurer, Esquire

93Hopping, Green and Sams, P.A.

98Post Offic e Box 6526

103Tallahassee, Florida 32314

106Peter Cocotos, Esquire

109Florida Power and Light Company

114215 South Monroe Street, Suite 810

120Tallahassee, Florida 3230 1

124For Department of Environmental Protection (ÐDEPÑ) :

131Sarah M. Doar, Esquire

135Department of Environmental Protection

139Office of General Counsel

143Mail Station 35

1463900 Commonwealth Boulevard

149Tallahassee, Florida 32399

152For South Florida Water Management District (ÐSFWMDÑ) :

160Carlyn H. Kowalsky, Esquire

164South Florida Water Management District

169Mail Stop Code 1410

1733301 Gun Club Road

177West Palm Beach, Florida 33406

182For Intervenor Atlantic Civil, Inc. (ÐACIÑ)

188Andrew J. Baumann, Esquire

192Alfred J. Malefatto, E squire

197Rachel B. Santana, Esquire

201Lewis, Longman and Walker, P.A.

206515 North Flagler Drive, Suite 1500

212West Palm Beach, Florida 33401

217S TATEMENT OF THE ISSUE

222The issue to be determined in this case is whether the

233Governor and Cabinet, in their capacity as the Siting Board and

244pursuant to the Florida Electrical Power Plant Siting Act

253(ÐPPSAÑ) , should approve FPLÓs request to modify the Conditions

262of Certification for Units 3 , 4 , and 5 of the Turkey Point Power

275Plant in southeast Miami - Dade County.

282PRELIMINARY STATEMENT

284On September 5, 2014, FPL filed a petition with DEP pursuant

295to the PPSA, chapter 403, Part II, Florida Statutes, to modify

306the Conditions of Certification for T urkey Point Units 3, 4, and

3185 to authorize three Ð system improvement projects ,Ñ including the

329construction and operation of up to six new production wells to

340withdraw 14 million gallons per day (Ð mgd Ñ) of Upper Floridan

352Aquifer (ÐUFAÑ) water for use in the Turkey Point cooling canal

363system (ÐCCSÑ) for salinity and temperature management purposes.

371On December 23, 2014, DEP issued n otice of its i ntent to modify

385the Conditions of Certification to authorize the three projects

394proposed by FPL. All required pub lic notices were published by

405FPL and DEP.

408On March 19, 2015, DEP issued a final order authorizing the

419requested modifications for which no objections had been raised.

428Miami - Dade County, Tropical Audubon Society , Inc., and SFWMD

438each filed n otices of their intent to be parties to the

450modification proceeding . Miami - Dade County and Tropical Audubon

460Society , Inc., later voluntarily withdrew from the proceeding.

468On March 24, 2015, ACI filed a Motion to Intervene , which

479was opposed by FPL. The motion to interv ene was denied for

491failing to include an adequate explanation of ACIÓs alleged

500injury, but ACI was granted leave to file another motion to

511intervene. On April 3, 2015, ACI filed an Amended Motion to

522Intervene , which was granted . O n October 30, 2015, ACI filed a

535Second Amended Motion to Intervene , which was granted over the

545objection of FPL.

548At the final hearing, Joint Exhibits 1 - 6 were admitted into

560evidence. F PL presented the testimony of: Steven Scroggs,

569Senior Director of Project Development for FPL , who was accepted

579as an expert in power plant engineering, design , and siting;

589Peter Andersen, P.E., who was accepted as an expert in

599groundwater hydrology and groundwater flow and transport

606modeling; and Gregory Powell, Ph.D. FPL also submitted pre - filed

617expert testimony of: Dr. Powell, James Andersen, Karl Bullock,

626Kerri Kitchen, Kennard Kosky, and James Lindsay. FPL Exhibits

6351 - 6, 12 - 13, 19 - 22, 44, 46, 48, 54 - 59, and 61 were admitted into

655evidence.

656DEP presented the testimony of: Ann Seiler, an Enviro nmental

666Specialist III within DEPÓs Siting Coordination Office; Justin

674Green, a former Program Administrator for the Siting Coordination

683Office; and Phillip Coram, a DEP Program Administrator who was

693accepted as an expert in environmental engineering. DEP Exhibits

70223 and 28 were admitted into evidence.

709SFWMD presented the testimony of: Simon Sunderland, SFWMDÓs

717Section Leader for Lower East Coast Planning, Permitting, and

726Compliance; and Jefferson Giddings, a Principal Scientist at

734SFWMD who was accepted as an expert in groundwater modeling.

744SFWMD Exhibits 1, 2, 10 , and 13 were admitted into evidence.

755ACI presented the testimony of: Steve Torcise, Jr., who is

765ACIÓs President; Marc Harris, a DEP employee responsible for

774issuing National Pollution Discharg e Elimination System permits

782for power plants; Steven Krupa, who is in charge of the

793hydrogeology section in the SFWMDÓs Water Supply Department and

802who was accepted as an expert in hydrogeology and geology ;

812William Nuttle, Ph.D., who was accepted as an ex pert in coastal

824wetlands hydrology with emphasis in the area of water and salt

835budgets; Elezier Wexler, who was accepted as an expert in

845groundwater hydrology and groundwater transport modeling; and

852Edward Swakon, who was accepted as an expert in groundwat er

863resources and groundwater monitoring. ACI Exhibits 9 - 1 1 , 14 - 16,

87618, 24 - 26, 28, 31, 34 - 36, 38, 42, 48 - 50, 50A, 51, 52, 57, 61, 63,

896and 65 were admitted into evidence.

902No member of the public requested the opportunity to offer

912testimony on the proposed m odification. No written comments were

922received from the public.

926The six - volume T ranscript of the final hearing was filed

938with DOAH. The parties filed proposed recommended orders that

947were considered in the preparation of this Recommended Order.

956FINDINGS OF FACT

959The P arties

9621. FPL is a subsidiary of NextEra Energy and a regulated

973Florida utility. It provides electric service to 4.7 million

982customers in 35 counties. The Turkey Point Power Plant in

992southeast Miami - Dade County is one of 14 generating facil ities

1004operated by FPL.

10072. DEP is the state agency charged with administering the

1017PPSA pursuant to c hapter 403, Part II.

10253. S FWMD is a regional agency created by c hapter 373,

1037F lorida Statutes, with regulatory authority over water use

1046permitting within its geographic jurisdiction, which includes the

1054Turkey Point Power Plant site.

10594. ACI owns 2,598 acres of land in southeast Miami - Dade

1072County approximately four miles west of the Turkey Point CCS.

1082ACI has use d its property for agriculture and limerock minin g for

1095many years and continues to do so.

11025. ACI withdraws and uses water from the Biscayne Aquifer

1112pursuant to two SFWMD w ater u se p ermit s . ACI also has a Life - of -

1132the - Mine Environmental Resource Permit issued by DEP for its

1143mining activities. T he Life - o f - the - Mine permit requires that

1158mining be terminated if monitoring data indicate the occurrence

1167of chloride concentrations greater than 250 milligrams per liter

1176(Ð mg/L Ñ) in the mine pit.

1183The Requested Modifications

11866. FPL is requesting to modify the Condi tions of

1196Certification to authorize three projects related to water use:

1205(1) construction and operation of the new UFA production wells

1215for use in the CCS; (2) utilization of one of the new production

1228wells as a dual purpose well to comply with a recent or der of the

1243U.S. Nuclear Regulatory Commission related to providing emergency

1251cooling water supplies for the nuclear - fueled Units 3 and 4; and

1264(3) re - allocation of authorized water withdrawn from an existing

1275production well for Unit 5 (Well No. PW - 3) as a s ource of process

1291water for Units 3 and 4.

12977. DEP received three written objections to the proposed

1306production wells to provide water for use in the CCS. No

1317objection s w ere raised regarding th e two other FPL projects and

1330DEP issued a final order approving th ose two modifications. This

1341proceeding involves only the proposal to construct and operat e

1351new UFA production wells to discharge water into the CCS .

1362Turkey Point

13648. FPLÓs Turkey Point property covers approximately

13719,400 acres in unincorporated Miami - D ade County , located 25 miles

1384south of the City of Miami and along the coastline adjacent to

1396Biscayne Bay.

13989. Fi ve electrical generating units were built at Turkey

1408Point . Units 1 and 2 were built in the 1960s. Unit 2 ceased

1422operating as a power generatio n facility in 2010. Units 3 and 4

1435are FloridaÓs first nuclear generating units , which FPL

1443constructed in the 1970s. Unit 5 is a natural gas combined cycle

1455generating unit brought into service in 2007.

146210. Units 1 through 4 pre - date the PPSA and were not

1475certified when they were built . However, Units 3 and 4 were

1487certified pursuant to the PPSA in 2008 when FPL applied to

1498increase the ir power output, referred to as an Ð uprate. Ñ Unit 5

1512was built after the PPSA and was certified under the Act.

1523The CCS

152511 . The Turkey Point CCS is a 5,900 - acre network of canals ,

1540which provides a heat removal function for Units 1, 3 , and 4, and

1553receives cooling tower blowdown from Unit 5.

156012. FPL constructed the CCS in compliance with a 1 971

1571consent judgment with the U.S. Department of Justice in order to

1582terminate direct discharges of heated water into Biscayne Bay.

159113. The CCS is not a certified facility under the PPSA, but

1603it is an Ðassociated facility,Ñ which means it directly supports

1614the operation of the power plant .

162114. The CCS functions like a radiator, which uses

1630evaporation, convective heat transfer, and radiated heat loss to

1639lower the water temperature. When cooling water enters the

1648plant, heat is transferred to the water by flow - through heat

1660exchangers and t hen discharged to the ÐtopÑ or northeast corner

1671of the CCS . Circulating water pumps provide counter - clockwise

1682flow of water from the discharge point, down (south) through the

169332 westernmost canals, across the southern end of the CCS, and

1704then back up the seven easternmost canals to the power plant

1715intake .

171715. The full circuit through the CCS from discharge to

1727intake takes a bout 48 hours and results in a reduction in water

1740temperature of about 10 to 15 degrees Fahrenheit.

174816. The CCS canals are unlined, so they have a direct

1759connection to the groundwater. Makeup water for the CCS comes

1769from process water, rainfall, stormwater runoff, and groundwater

1777infiltration to replace water lost by evaporation and seepage.

178617. When the CCS was first constructed, FPL and SFWMDÓs

1796predecessor, the Central and Southern Florida Flood Control

1804District, entered into an agreement to address the operation and

1814management of the CCS. The agreement has been updated from time

1825to time. The original agreement and updates calle d for

1835monitoring the potential impacts of the CCS.

184218. Operation of the CCS is also subject to a state

1853industrial wastewater permit and National Pollution Discharge

1860Elimination System (ÐNPDESÑ) permit administered by DEP. The

1868state industrial wastewater /NPDES permit is incorporated into the

1877Conditions of Certification.

1880Hypersaline Conditions

188219. The original salinity levels in the CCS were probably

1892the same as Biscayne Bay .

189820. However, because the salt in saltwater is left behind

1908when the water eva porates, the water in the CCS becomes saltier.

1920Salinity levels in the CCS are also affected by the amount of

1932rainfall, air temperature, water temperature, the volume of flow

1941from the power plant, and the rate of water circulation.

195121. In 2008, when FPL applied for certification of the

1961uprate of Units 3 and 4, it reported average salinity to be 50 to

197560 Practical Salinity Units (ÐPSUÑ). This is a ÐhypersalineÑ

1984condition, which means the salinity level is higher than is

1994typical for seawater, which is abou t 35 PSU.

200322. Higher salinity makes water denser, so the hypersaline

2012water in the CCS sinks beneath the canals and to the bottom of

2025the Biscayne Aquifer, which is about 80 feet beneath the CCS. At

2037this depth, there is a confining layer that separates th e

2048Biscayne Aquifer from the deeper Upper Floridan Aquifer. The

2057confining layer stops the downward movement of the hypersaline

2066ÐplumeÑ and it spreads out in all directions.

207423. The 2008 Conditions of Certification included a

2082Section X, entitled ÐSurfac e Water, Ground Water, Ecological

2091Monitoring,Ñ which, among other things, required FPL and SFWMD to

2102execute a Fifth Supplemental Agreement regarding the operation

2110and management of the CCS. New monitoring was required and FPL

2121was to Ðdelineate the vertica l and horizontal extent of the

2132hyper - saline plume that originates from the cooling canal systemÑ

2143and Ðdetect changes in the quantity and quality of surface and

2154ground water over time due to the cooling canal system.Ñ

216424. In response, FPL installed 14 clu sters of groundwater

2174monitoring wells, each cluster allowing data to be collected from

2184shallow, middle, and deep zones of the Biscayne Aquifer.

219325. In late 2013, salinity levels in the CCS began to

2204spike, reaching a high of 92 PSU in the summer of 2014.

221626. FPL presented evidence to show the salinity spikes in

2226recent years are attributable in part to lower than normal

2236rainfall and to high er turbidity in the CCS caused by algal

2248blooms .

225027. In addition, t he retirement of Unit 2 and the uprate of

2263Units 3 and 4 during this time - period reduced flow and

2275circulation in the CCS, which contributed to i ncreased

2284temperature s in the CCS, more evaporation, and higher salinity

2294levels .

229628. ACI contends the uprate of Units 3 and 4 is the primary

2309cause of recent, hig her water temperatures and higher salinity .

2320In support, ACI points to FPLÓs uprate application, which

2329predicted the uprate would increase CCS water temperature and

2338salinity, as well as other data indicating a correlation between

2348the uprate and higher temp erature and salinity. However, the

2358uprate application was filed before Unit 2 was decommissioned in

23682010. FPL presented evidence that elimination of the thermal

2377output from Unit 2 offset the thermal output from the uprate of

2389Units 3 and 4 , so that the to tal thermal output is now about f our

2405percent less. ACI did not refute this thermal output

2414calculation.

241529. It is undisputed that evaporation is the main cause of

2426hypersalinity in the CCS, but the testimony about the recent

2436spike in salinity and the rela tive influence of contributing

2446factors shows it is a complex subject due to the number of

2458factors, most of which vary by season and even daily. The

2469relative contribution of the factors affecting salinity in the

2478CCS is one that scientists can disagree abou t because the

2489analyses that have been conducted to date are not comprehensive

2499or meticulous enough to end reasonable disagreement.

250630. FPL has taken action to reduce salinity within the CCS

2517by adding stormwater from the L - 31E C anal (pursuant to emergency

2530orders), adding water from shallow saline water wells , and

2539remov ing sediment build - up in the canals to improve flow . Th ese

2554actions , combined with more normal rainfall , have decreased

2562salinity levels in the CCS to about 45 PSU at the time of the

2576final hea ring .

2580Saltwater Intrusion

258231. Historical data shows that when the CCS was constructed

2592in the 1970s, saltwater had already intruded inland along the

2602coast due to water withdrawals, flood control structures, and

2611other human activities.

261432. An intercepto r ditch was constructed just west of and

2625adjacent to the CCS to restrict the movement of saline water west

2637of the ditch. This was supposed to be accomplished by pumping

2648water out of the ditch as necessary to keep its water level lower

2661than the water level in the more western L - 31E Canal so that a

2676hydraulic gradient toward the east was maintained.

268333. The ÐfrontÑ or westernmost line of saltwater intrusion

2692is referred to as the saline water interface. More specifically,

2702the saline water interface is where groundwater with chloride

2711concentration of 10,000 mg/L or greater meets groundwater with a

2722lower chloride concentration. DEP classifies groundwater with a

2730chloride concentration less than 10,000 mg/L as G - II groundwater,

2742and groundwater with a chloride c oncentration equal to or greater

2753than 10,000 mg/L as G - III groundwater, so the saline water

2766interface can be described as the interface between G - II and G -

2780III groundwaters.

278234. In the 1980s, the sal ine water interface had moved just

2794west of the CCS inter ceptor ditch. Now, the saline water

2805interface is four or five miles west of the CCS, and it is still

2819moving west.

282135. The groundwater that comes from the CCS can be

2831identified by its tritium content because tritium occurs in

2840greater concentrations in CC S process water than occurs naturally

2850in groundwater. CCS water has been detected four miles west of

2861the CCS.

286336. CCS saline waters have also been detected northwest of

2873the CCS, moving in the direction of Miami - Dade CountyÓs public

2885water supply wellfiel ds.

288937. The hypersaline plume pushes the saline water interface

2898further west. Although Respondents indicated there are other

2906factors that affect saltwater intrusion, the preponderance of the

2915evidence shows the CCS is now the primary reason the saltwater

2926interface in this area is continuing to move inland.

293538. Section X of the Condition s of Certification provides

2945that, if monitoring data indicate harm or potential harm to the

2956waters of the State, then additional measures shall be required

2966by DEP to eval uate or to abate such impacts. D E P determined that

2981the CCS is harming waters of the State by contributing to

2992saltwater intrusion. Saltwater intrusion reduces the amount of

3000fresh groundwater available for natural resources and water

3008users .

301039. ACI estim ated that, with each day that passes, the

3021westward march of the saltwater interface is causing the loss of

3032855,000 more gallons of fresh groundwater from the Biscayne

3042Aquifer. Even if the amount is only half as much, it is a

3055substantial loss.

305740. The Bi scayne Aquifer is the main source of potable

3068water in Miami - Dade County and is designated by the federal

3080government as a sole source aquifer under the Safe Drinking Water

3091Act.

309241. When FPL applied to renew its NPDES permit, DEP was

3103concerned about the ef fect the CCS was having on saltwater

3114intrusion. DEP decided to administratively extend the NPDES

3122permit, rather than renew it, while the agency determined what

3132action should be taken to deal with the problem.

314142. On December 23, 2014, DEP issued a n Admin istrative

3152Order (ÐAOÑ) that requires FPL to prepare and submit for review

3163and approval a Salinity Management Plan to reduce hypersaline

3172conditions and their effect on saline water intrusion. The AO

3182was challenged in a separate administrative proceeding an d is not

3193yet in effect.

319643. A DEP administrator stated that DEP has not been able

3207to identify a specific violation of state water quality standards

3217attributable to the CCS , but his explanation did not reconcile

3227the undisputed evidence that the CCS has a g roundwater discharge

3238of hypersaline water that is contributing to saltwater intrusion.

3247Florida Administrative Code Rule 62 - 520.400, entitled ÐMinimum

3256Criteria for Ground Water,Ñ prohibits a discharge in

3265concentrations that Ðimpair the reasonable and benef icial use of

3275adjacent waters.Ñ

327744. As explained in the Conclusions of Law, this is not an

3289enforcement proceeding. However, Respondents thought it was

3296relevant to assert that FPLÓs proposal is not a response to a

3308water quality violation. If so, it is rel evant for the

3319Administrative Law Judge to state that the record evidence and

3329applicable law indicate FPL is in violation of the minimum

3339criteria for groundwater in rule 62 - 520.400.

3347Effect of the Proposed Modification on Saltwater Intrusion

335545. Responden ts emphasize that the FPL proposal is better

3365than a Ðno actionÑ alternative. However, the Conditions of

3374Certification require FPL to take action because operation of the

3384CCS is harming water resources. Asserting that FPLÓs proposal is

3394better than taking no action is no more meaningful than asserting

3405that FPLÓs proposal would be beneficial.

341146. FPL estimated that the addition of 14 mgd of water from

3423the UFA, which has a salinity of about 2 PSU, would reduce

3435salinity in the CCS to t h e salinity in Biscayne Bay , about 35

3449PSU, or even lower. ACIÓs evidence did not refute this estimate .

346147. Adding UFA water to the CCS would also reduce water

3472temperatures in the CCS. That is important in order to avoid

3483exceeding the temperature limit imposed by the Nuclear Re gulatory

3493Commission on operation of the nuclear units, Units 3 and 4. The

3505temperature limit is 104 degrees Fahrenheit and, if exceeded,

3514would require Units 3 and 4 to be shut down.

352448. The FPL proposal w ould remove the source of the

3535hypersaline water . Hypersaline water would no longer be sinking

3545beneath the CCS.

354849. FPL presented evidence to show the low saline water

3558would begin to mix with the hypersaline water already in the

3569Biscayne Aquifer, the groundwater in the area would steadily

3578Ðfreshen,Ñ and the hypersaline plume would begin to shrink and

3589eventually disappear.

359150. ACI pointed out that the salt in the CCS and in the

3604Biscayne Aquifer would not disappear, but ACI did not explain the

3615significance of that fact. ACI did not explain how the model ing

3627efforts by FPL failed to account for salt or explain how the

3639presence of salt undermines the modelÓs prediction that

3647groundwater in the area would steadily freshen and the

3656hypersaline plume would shrink and eventually disappear.

366351. The testimony of ACIÓs expert hydrologists was

3671persuasive in showing the two - dimensional groundwater model used

3681by FPL and SFWMD to analyze and predict the effect of adding UFA

3694water to the CCS was not the best tool for the task. A two -

3709dimensional model cannot account for some of the factors

3718affecting water movement and salinity. A three - dimensional model

3728produces more reliable results and is a better predictive tool

3738for these purposes. Nevertheless, differences between the

3745results obtained from the two - dimensional model ing by FPL and the

3758three - dimensional modeling by ACI do not affect the

3768recommendation to the Siting Board.

377352. FPL and SFWMD estimated that the addition of 14 mgd of

3785water into the CCS would reduce the rate of westward movement of

3797CCS hypersaline saline waters in the Biscayne Aquifer and this,

3807in turn, would slow the westward movement of the sal ine water

3819interface.

382053. No party believes the FPL proposal will halt the

3830westward movement of the sal ine water interface.

383854. ACI contends the FPL proposal wo uld worsen groundwater

3848conditions because adding water to the CCS would increase the

3858hydraulic ÐheadÑ in the CCS and exert a greater westward push on

3870groundwaters in the Biscayne Aquifer, and a greater push on the

3881existing hypersaline plume. However, the water in the CCS would

3891be less dense after the UFA water is added, which RespondentsÓ

3902experts said would offset the increase in volume. ACI did not

3913show how water density was accounted for in its own analyses. In

3925addition, ACIÓs Exhibit s 38 , 39, 42, 51, and 63 appear to support

3938RespondentsÓ contention that the FPL proposal would slow the rate

3948of saltwater intrusion.

395155. The effect of the FPL proposal on the hypersaline plume

3962is the most difficult question in the case. The evidence

3972presented necessarily relied on many assumptions about physical

3980features and processes, some of which had to be simplified for

3991practical analysis. FPLÓs evidence does not create certainty,

3999but FPL met its prima facie burden to demonstrate that the

4010proposed water use would be consistent with the public interest

4020because the modification would improve current groundwater

4027conditions. ACIÓs evidence raises serious questions, but was not

4036sufficient to rebut FPLÓs showing.

404156. Respondents estimate that it would take about 25 years

4051for the sal ine w ater interface to reach ACIÓs property if the FPL

4065proposal is implemented.

406857. ACIÓs analysis focused, instead, on the movement of an

4078advancing contour of much lower salinity, 250 mg/L, because this

4088lower level is a limit in ACIÓs permit and would disrupt ACIÓs

4100mining operations. This Ðtoo salineÑ water will reach ACIÓs

4109property in 10 years, even with the FPL proposal.

4118Water Use Regulatory Criteria

412258. ACI did not raise any issues regarding FPL Ós compliance

4133with SFWMD water use criteri a associated with the proposed

4143withdrawal, itself. ACI does not contend that the proposed

4152withdrawal of 14 mgd of water from the UFA would interfere with

4164existing legal uses , cause saltwater intrusion , harm wetlands and

4173surface waters, or adversely affect off - site land uses.

418359. SFWMD reviewed the proposed use of the UFA water in the

4195CCS for consistency with the public interest and determined that

4205the use was consistent because it would improve current

4214conditions in the CCS and Biscayne Aquifer.

422160. FPL provided reasonable assurance that the FPL proposal

4230meets all applicable water use regulatory criteria.

4237PPSA C riteria for Approval

424261. For the reasons stated above, the record evidence

4251supports an affirmative determination by the Siting Board

4259regarding the certification criteria in section 403.509(3)(a)

4266through (g).

4268CONCLUSIONS OF LAW

4271Standing

427262. S ection 403.508( 3 ) (e) de scribes the parties to a PPSA

4286certification proceeding as includ ing persons whose substantial

4294interests are affected and being determ ined by the proceeding and

4305who timely file a motion to intervene.

431263. ACI has standing in this proceeding because the

4321Conditions of Certification acknowledge and address the potential

4329for harm to water resources caused by the CCS. The harm

4340encompasses le gal uses of the water resources, like ACIÓs uses,

4351that will be affected by the operation of the CCS.

436164. Respondents cite Agrico v. Dep artment of Environmental

4370Regulation , 406 So. 2d 478, 482 (Fla. 2d DCA 1981) , in support of

4383their argument that ACI has n ot demonstrated standing because t he

4395proposed modification does not present an immediate threat to

4404ACIÓs property. The injury to ACI is immediate in the sense that

4416it is predictable based on current conditions and does not

4426require the occurrence of interv ening events or forces. ACIÓs

4436injury is no less immediate than the injury that would be

4447suffered by anyone downstream of a pollution source, when the

4457timing of the ÐimpactÑ and the concentration of the pollution at

4468the time of impact can be calculated by accepted scientific

4478methods.

4479Burden and Standard of Proof

448465. Respondents state that FPL, a s the applicant for

4494certification, has the ultimate burden of persuasion to

4502demonstrate entitlement to the requested modifications, citing In

4510re: Progress Energy Fl orida Levy Nuclear Project Units 1 and 2 ,

45222009 Fla. ENV LEXIS 151 at *114; and Fl orida Department of

4534Transp ortation v. J.W.C. Co., Inc . , 396 So. 2d 778, 787 (Fla. 1st

4548DCA 1981). However, those cases pre - date the amendment of

4559chapter 120 , Florida Statutes, to create section 120.569(2)(p).

4567This section now places the ultimate burden of persuasion on the

4578challenger in all licensing proceedings arising under chapter 403

4587after the permit applicant has introduced the permit file

4596constituting its prima facie cas e . This is a licensing

4607proceeding arising under chapter 403. Therefore, ACI has the

4616ultimate burden of persuasion in this proceeding.

462366. The standard of proof is a preponderance of the

4633evidence. See § 120.57(1)(j), Fla. Stat. (2015). FPL must

4642demonst rate by a preponderance of the evidence that it has

4653provided reasonable assurances of its compliance with all

4661applicable regulatory criteria. Reasonable assurance

4666contemplates a Ðsubstantial likelihood that the project will be

4675successfully implemented.Ñ Metro. Dade Cnty. v. Coscan Fla.,

4683Inc . , 609 So. 2d 644, 648 (Fla. 3d DCA 1992) . It does not

4698require absolute guarantees.

4701Nonprocedural Agency Requirements

470467. Section 373.223(1) provides that Ð[t]o obtain a [ water

4714use] permit pursuant to the provisions o f this chapter, the

4725applicant must establish that the proposed use of water: (a) Is a

4737reasonable - beneficial use as defined in s. 373.019; (b) Will not

4749interfere with any presently existing legal use of water; and,

4759(c) Is consistent with the public interest .Ñ

476768. ACI claims in its Proposed Recommended Order that FPL

4777failed to demonstrate a need for the amount of water it requested

4789and did not consider mitigative measures, but these issues were

4799not raised in ACIÓs amended petition to intervene.

480769. ACI clai ms the proposed use of the 14 mgd of water, in

4821contrast to the withdrawal of the water, was not properly

4831reviewed by SFWMD under the reasonable - beneficial use criteria.

4841However, SFWMD reviewed the proposed use of the water under the

4852public interest test, which is consistent with its rules and

4862practices. The FPL proposal is consistent with the public

4871interest because it would likely improve current groundwater

4879conditions. It would also reduce water temperature in the CCS to

4890avoid the shutdown of the nucle ar generating units pursuant to

4901N uclear Regulatory Commission requirements .

490770. FPLÓs proposed modification does not create any

4915inconsistencies with the industrial wastewater/NPDES permit.

492171. FPL provided reasonable assurance that the proposed

4929modificat ion would comply with all applicable water use

4938regulatory criteria.

494072. However, AC I urges the Siting Board to deny the

4951proposed modification because ACI believes it perpetuates a

4959problem created by the CCS and fails to prevent the eventual

4970contamination of the groundwater resources that ACI relies on for

4980its agricultural and mining operations. ACI does not propose a

4990condition or conditions under which FPLÓs proposal could be

4999approved.

50007 3 . ACI points out that the Conditions of Certification are

5012Ðfully en forceable,Ñ but this is not an enforcement proceeding.

5023Because the preponderance of the evidence demonstrates the FPL

5032proposal would result in an improvement in groundwater

5040conditions, the requested modification, itself, does not fail to

5049comply with the C onditions of Certification .

50577 4 . Respondents are probably correct that, in this

5067certification proceeding, it is sufficient for the Siting BoardÓs

5076approval of FPLÓs proposed modification that the modification

5084would result in an improvement over current grou ndwater

5093conditions. However, it is appropriate to inform the Siting

5102Board that the operation of the Turkey Point Power Plant, as

5113authorized by the Siting Board under the Conditions of

5122Certification, has caused harm to water resources because of the

5132effect s of the CCS, and the modification requested by FPL will

5144not prevent further harm from occurring.

5150RECOMMENDATION

5151B ased on the foregoing Findings of Fact and Conclusions of

5162Law , it is

5165RECOMMENDED that the Siting Board enter a final order

5174approving the mo difications to the Turkey Point C onditions of

5185Certification as proposed on December 23, 2014, with the addition

5195of the following condition , which was stipulated by the parties:

5205FPL shall monitor the proposed Floridan

5211production wells (F - 1, F - 2, F - 3, F - 4 an d F - 5)

5230on a quarterly basis for: water level or

5238pressure; temperature; pH, Total Dissolved

5243Solids; specific conductance; major

5247anions/cations (including chlorides); NH3;

5251total nitrogen; and total phosphorus. This

5257monitoring data shall be made available t o

5265Miami - Dade County as well as FDEP and the

5275SFWMD. On a semi - annual basis, Miami - Dade

5285County may collect groundwater samples of the

5292proposed Floridan production wells (F - 1, F - 2,

5302F - 3, F - 4 and F - 5) for constituents including

5315but not limited to 018/16 and St rontium

5323(87Sr/86Sr).

5324DONE AND ENTERED this 25th day of January , 2016 , in

5334Tallahassee, Leon County, Florida.

5338S

5339BRAM D. E. CANTER

5343Administrative Law Judge

5346Division of Administrative Hearings

5350The DeSoto Building

53531230 Apalac hee Parkway

5357Tallahassee, Florida 32399 - 3060

5362(850) 488 - 9675

5366Fax Filing (850) 921 - 6847

5372www.doah.state.fl.us

5373Filed with the Clerk of the

5379Division of Administrative Hearings

5383this 25th day of January , 2016 .

5390COPIES FURNISHED:

5392Sarah M. Doar, Esquire

5396Departme nt of Environmental Protection

5401Office of General Counsel

5405Mail Station 35

54083900 Commonwealth Boulevard

5411Tallahassee, Florida 32399

5414(eServed)

5415Peter C. Cunningham, Esquire

5419Gary V. Perko, Esquire

5423Douglas S. Roberts, Esquire

5427Jonathan Harrison Maurer, Esquire

5431Ho pping, Green and Sams, P.A.

5437Post Office Box 6526

5441Tallahassee, Florida 32314

5444(eServed)

5445Peter Cocotos, Esquire

5448Florida Power and Light Company

5453215 South Monroe Street, Suite 810

5459Tallahassee, Florida 32301

5462(eServed)

5463Carlyn H. Kowalsky, Esquire

5467South Fl orida Water Management District

5473Mail Stop Code 1410

54773301 Gun Club Road

5481West Palm Beach, Florida 33406

5486(eServed)

5487Andrew J. Baumann, Esquire

5491Alfred J. Malefatto, Esquire

5495Rachel B. Santana, Esquire

5499Lewis, Longman and Walker, P.A.

5504515 North Flagler Drive , Su ite 1500

5511West Palm Beach, Florida 33401

5516(eServed)

5517Abbie Schwaderer Raurell, Esquire

5521Miami - Dade County Attorney's Office

5527111 Northwest 1st Street , Suite 2810

5533Miami, Florida 33128

5536(eServed)

5537Anthony Justin Pinzino, Esquire

5541Florida Fish and Wildlife Conser vation Commission

5548Farris Bryant Building

5551620 South Meridian Street

5555Tallahassee, Florida 32399 - 1600

5560(eServed)

5561Adam Teitzman, Esquire

5564Florida Public Service Commission

55682450 Shumard Oak Boulevard

5572Tallahassee, Florida 32399 - 0850

5577Samuel S. Goren, Esquire

5581Go ren, Cherof, Doody and Ezrol, P.A.

55883099 East Commercial Boulevard, Suite 200

5594Fort Lauderdale, Florida 33308 - 4311

5600Kimberly Clark Menchion, Esquire

5604Department of Transportation

5607Mail Station 58

5610605 Suwannee Street

5613Tallahassee, Florida 32399

5616(eServed)

5617D eena Woodward

5620Department of State

5623Division of Historical Resources

5627RA Gray Building, 4th Floor

5632500 South Bronough Street

5636Tallahassee, Florida 32399

5639Edwin A. Steinmeyer, Esquire

5643Steinmeyer Fiveash LLP

5646310 West College Avenue

5650Tallahassee, Florida 32301

5653(e Served)

5655Christina Arzillo Shideler, Esquire

5659Department of Economic Opportunity

5663MSC 110

5665107 East Madison Street

5669Tallahassee, Florida 32399

5672(eServed)

5673Lea Crandall, Agency Clerk

5677Department of Environmental Protection

5681Mail Station 35

56843900 Commonwealth Boul evard

5688Tallahassee, Florida 32399

5691(eServed)

5692Jonathan P. Steverson, Secretary

5696Department of Environmental Protection

5700Mail Station 35

57033900 Commonwealth Boulevard

5706Tallahassee, Florida 32399

5709(eServed)

5710Craig Varn, General Counsel

5714Department of Environmental Protection

5718Mail Station 35

57213900 Commonwealth Boulevard

5724Tallahassee, Florida 32399

5727(eServed)

5728NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

5734All parties have the right to submit written exceptions within

574415 days from the date of this Recommended Order. Any excepti ons

5756to this Recommended Order should be filed with the agency that

5767will issue the Final Order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/09/2016
Proceedings: Intervenor/Appellant Atlantic Civil, Inc.'s Directions to Clerk filed.
PDF:
Date: 05/09/2016
Proceedings: Notice of Designation of Transcription of Siting Board Hearing filed.
PDF:
Date: 04/01/2016
Proceedings: Agency Final Order
PDF:
Date: 04/01/2016
Proceedings: Joint Response to Intervenor Atlantic Civil, Inc.'s Exceptions to the Recommended Order filed.
PDF:
Date: 04/01/2016
Proceedings: State of Florida Department of Environmental Protection's Exception to Recommended Order filed.
PDF:
Date: 04/01/2016
Proceedings: Intervenor Atlantic Civil, Inc.'s Exceptions to Recommended Order filed.
PDF:
Date: 04/01/2016
Proceedings: Agency Final Order filed.
PDF:
Date: 01/25/2016
Proceedings: Recommended Order
PDF:
Date: 01/25/2016
Proceedings: Recommended Order (hearing held December 1-4, 2015). CASE CLOSED.
PDF:
Date: 01/25/2016
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
Date: 12/30/2015
Proceedings: Transcript of Proceedings (Hearing Correction Pages for Volumes I, II, IV; not available for viewing) filed.
PDF:
Date: 12/23/2015
Proceedings: Intervenor-Defendant Atlantic Civil's Inc., Proposed Recommended Order filed.
PDF:
Date: 12/23/2015
Proceedings: Respondent's Notice of Filing Joint Proposed Recommended Order filed.
Date: 12/15/2015
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 12/07/2015
Proceedings: Recieved Parties Exhibits filed (exhibits not available for viewing).
Date: 12/01/2015
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 11/30/2015
Proceedings: Notice of Filing Deposition Transcript of Sharon Ewe (Part III) filed.
PDF:
Date: 11/30/2015
Proceedings: Notice of Filing Deposition Transcript of Sharon Ewe (Part II) filed.
PDF:
Date: 11/30/2015
Proceedings: Notice of Filing Deposition Transcript of Sharon Ewe (Part I) filed.
PDF:
Date: 11/30/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Motion in Limine and Deposition Designations filed.
PDF:
Date: 11/30/2015
Proceedings: Order.
PDF:
Date: 11/24/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of William Nuttle) filed.
PDF:
Date: 11/24/2015
Proceedings: Cross-notice of Taking Deposition (of William Nuttle) filed.
PDF:
Date: 11/24/2015
Proceedings: Notice of Deposition Duces Tecum (William Nuttle) filed.
PDF:
Date: 11/23/2015
Proceedings: Joint Motion for Witnesses to Appear Via Video Conference filed.
PDF:
Date: 11/20/2015
Proceedings: Notice of Filing (Pre-Hearing Stipulation of the Parties) filed.
PDF:
Date: 11/20/2015
Proceedings: Notice of Substitution of Counsel for Department of Economic Opportunity (Christina Shideler) filed.
PDF:
Date: 11/20/2015
Proceedings: (Petitioner's) Notice of Filing Direct Written Testimony and Exhibits filed (exhibits not available for viewing).
PDF:
Date: 11/20/2015
Proceedings: Notice of Filing Direct Written Testimony and Exhibits filed.
PDF:
Date: 11/18/2015
Proceedings: Tropical Notice of Withdrawing Notice of Intent to Be A Party filed.
PDF:
Date: 11/17/2015
Proceedings: Re-notice of Taking Deposition (of Allan Stodghill) filed.
PDF:
Date: 11/17/2015
Proceedings: Re-notice of Taking Deposition Duces Tecum (of Phil Coram) filed.
PDF:
Date: 11/16/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Phil Coram) filed.
PDF:
Date: 11/16/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Fifth Amended Witness Disclosure filed.
PDF:
Date: 11/16/2015
Proceedings: Notice of Taking Deposition (of Allan Stodghill) filed.
PDF:
Date: 11/16/2015
Proceedings: Notice of Taking Deposition (of Allan Stodghill) filed.
PDF:
Date: 11/13/2015
Proceedings: Notice of Appearance (James Nutt) filed.
PDF:
Date: 11/13/2015
Proceedings: Department of Environmental Protections Second Amended Witness Disclosure filed.
PDF:
Date: 11/13/2015
Proceedings: Order
PDF:
Date: 11/12/2015
Proceedings: Notice of Filing Florida Power & Light Companys Second Amended Witness Disclosure filed.
PDF:
Date: 11/12/2015
Proceedings: Notice of Appearance (Jonathan Maurer) filed.
PDF:
Date: 11/12/2015
Proceedings: Notice of Appearance (Carlyn Kowalsky) filed.
PDF:
Date: 11/12/2015
Proceedings: Department of Environmental Protections Amended Exhibit Disclosure filed.
PDF:
Date: 11/11/2015
Proceedings: Intervenor Atlantic Civil, Inc.'s Amended Exhibit Disclosure filed.
PDF:
Date: 11/11/2015
Proceedings: Tropical Audubon Exhibit List filed.
PDF:
Date: 11/10/2015
Proceedings: Notice of Filing Florida Power & Light Companys Amended Exhibit List filed.
PDF:
Date: 11/06/2015
Proceedings: Amended Joint Statement of Issues of Atlantic Civil and Tropical Audubon filed.
PDF:
Date: 11/05/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Fourth Amended Witness Disclosure filed.
PDF:
Date: 11/03/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Third Amended Witness Disclosure filed.
PDF:
Date: 11/02/2015
Proceedings: Response in Opposition to Atlantic Civil, Inc.'s Second Amended Motion to Intervene filed.
PDF:
Date: 10/30/2015
Proceedings: South Florida Water Management Districts Statement of the Issues filed.
PDF:
Date: 10/30/2015
Proceedings: Atlantic Civil, Inc.'s Second Amended Motion to Intervene filed.
PDF:
Date: 10/22/2015
Proceedings: Florida Department of Environmental Protection's Amended Witness Disclosure filed.
PDF:
Date: 10/22/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Second Amended Witness Disclosure filed.
PDF:
Date: 10/22/2015
Proceedings: Notice of Filing Florida Power & Light Company's Amended Witness Disclosure filed.
PDF:
Date: 10/14/2015
Proceedings: Notice of Filing Proof of Publication of Rescheduling of Hearing filed.
PDF:
Date: 10/09/2015
Proceedings: Notice of Cancellation of Taking Depositions Duces Tecum filed.
PDF:
Date: 10/09/2015
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 10/08/2015
Proceedings: Re-notice of Taking Deposition (of Marc Harris) filed.
PDF:
Date: 10/08/2015
Proceedings: Notice of Cancellation of Taking Deposition Duces Tecum of William Nuttle filed.
PDF:
Date: 10/08/2015
Proceedings: Notice of Filing Stipulation and Settlement Agreement Between Miami-Dade County, Florida Department of Environmental Protection, South Florida Water Management District, and Florida Power & Light Company filed.
PDF:
Date: 10/07/2015
Proceedings: Notice of Cancellation of Taking Depositions Duces Tecum (of Gwen Burzycki) filed.
PDF:
Date: 10/06/2015
Proceedings: Florida Power & Light Company's Objection to Notice of Deposition Duces Tecum to Scott Burns filed.
PDF:
Date: 10/05/2015
Proceedings: Re-Notice of Taking Deposition Duces Tecum (Burns) filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Unavailability filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Taking Deposition (Michael Sole) filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Taking Deposition (William Nuttle) filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Taking Deposition (Sharon Ewe) filed.
PDF:
Date: 10/02/2015
Proceedings: Notice of Taking Deposition (Marc Harris) filed.
PDF:
Date: 10/01/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Gwen Burzycki, Lee Hefty, Pamela Sweeney, Wilbur Mayorga, and Craig Grossenbacher) filed.
PDF:
Date: 10/01/2015
Proceedings: Notice of Submittal of Proof of Publication of Notice of Hearing filed.
PDF:
Date: 10/01/2015
Proceedings: Notice of Appearance (Doug Roberts) filed.
PDF:
Date: 09/30/2015
Proceedings: Notice of Taking Deposition (of Matthew Raffenberg) filed.
PDF:
Date: 09/29/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Scott Burns) filed.
PDF:
Date: 09/23/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Tom Lodge and Laura Reynolds) filed.
PDF:
Date: 09/22/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Steve Torcise) filed.
PDF:
Date: 09/22/2015
Proceedings: Amended Notice of Taking Deposition (of Jeff Giddings) filed.
PDF:
Date: 09/22/2015
Proceedings: Notice of Appearance (Amelia Savage) filed.
PDF:
Date: 09/22/2015
Proceedings: Notice of Taking Deposition (of Jeff Giddings) filed.
PDF:
Date: 09/10/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Eliezer Wexler) filed.
PDF:
Date: 09/09/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Eliezer Wexler) filed.
PDF:
Date: 08/27/2015
Proceedings: South Florida Water Management District's Amended Notice of Witness Disclosure filed.
PDF:
Date: 08/13/2015
Proceedings: Notice of Unavailability filed.
PDF:
Date: 07/28/2015
Proceedings: Order (approving the Department's proposed revised schedule).
PDF:
Date: 07/22/2015
Proceedings: Department of Environmental Protection's Proposed Modification of Conditions of Certification First Revised Schedule for Proceeding with Hearing filed.
PDF:
Date: 07/20/2015
Proceedings: Order (rescinding the Order of April 27, 2015, establishing time limits for this certification proceeding).
PDF:
Date: 07/17/2015
Proceedings: Amended Notice of Hearing (hearing set for December 1 through 4, 2015; 9:00 a.m.; Miami, FL; amended as to hearing room location).
PDF:
Date: 07/15/2015
Proceedings: Notice of Submittal of Proof of Publication of Notice of Continuation of Hearing filed.
PDF:
Date: 07/09/2015
Proceedings: Notice of Filing Proof of Publication of Cancellation of Hearing filed.
PDF:
Date: 07/09/2015
Proceedings: Notice of Hearing (hearing set for December 1 through 4, 2015; 9:00 a.m.; Miami, FL).
PDF:
Date: 07/08/2015
Proceedings: Joint Response to Scheduling Order filed.
PDF:
Date: 07/02/2015
Proceedings: Order (on response to Scheduling Order).
PDF:
Date: 07/01/2015
Proceedings: Response to Rescheduling Order filed.
PDF:
Date: 06/25/2015
Proceedings: Order Granting Continuance (parties to advise status by July 1, 2015).
PDF:
Date: 06/25/2015
Proceedings: Notice of Cancellation of Taking Depositions Duces Tecum of Jeff Giddings and John Janzen filed.
PDF:
Date: 06/24/2015
Proceedings: Notice of Cancelling Depositions filed.
PDF:
Date: 06/24/2015
Proceedings: Unopposed Joint Motion for Continuance filed.
PDF:
Date: 06/24/2015
Proceedings: Intervenor Atlantic Civil, Inc's (Proposed) Exhibit List filed.
PDF:
Date: 06/24/2015
Proceedings: Notice of Filing Florida Power & Light Company's (Proposed) Exhibit List filed.
PDF:
Date: 06/24/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Thomas Lodge) filed.
PDF:
Date: 06/24/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Wilbur Mayorga) filed.
PDF:
Date: 06/24/2015
Proceedings: Second Amended Notice of Taking Depositions Duces Tecum (of Craig Grossenbaucher) filed.
PDF:
Date: 06/24/2015
Proceedings: Department of Environmental Protection's (Proposed) Exhibit Disclosure filed.
PDF:
Date: 06/24/2015
Proceedings: South Florida Water Management District's Notice of Filing Proposed Exhibits filed.
PDF:
Date: 06/23/2015
Proceedings: Notice of Miami-Dade County's (Proposed) Exhibit Disclosure filed.
PDF:
Date: 06/23/2015
Proceedings: Tropical Audubon Society, Inc.'s (Proposed) Exhibit List filed.
PDF:
Date: 06/23/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Craig Grossenbacher) filed.
PDF:
Date: 06/23/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Pamela Sweeney) filed.
PDF:
Date: 06/22/2015
Proceedings: Atlantic Civil, Inc.'s Response to Florida Power and Light Company's Request for Admissions filed.
PDF:
Date: 06/22/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Notice of Serving Unverified Answers to Florida Power & Light Company's First Set of Interrogatories (Nos. 1-14) filed.
PDF:
Date: 06/22/2015
Proceedings: Intervenor Atlantic Civil, Inc.'s Response to Florida Power & Light Company's First Request for Production of Documents filed.
PDF:
Date: 06/22/2015
Proceedings: Tropical Audubon Society, Inc.'s Response to Florida Power & Light Company's Request for Production filed.
PDF:
Date: 06/22/2015
Proceedings: Tropical Audubon Society, Inc.'s Response to Florida Power & Light Company's First Request for Admissions filed.
PDF:
Date: 06/22/2015
Proceedings: Tropical Audubon Society, Inc.'s Notice of Serving Responses to Florida Power & Light Company's First Set of Interrogatories (Nos. 1-14) filed.
PDF:
Date: 06/22/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Peter Anderson) filed.
PDF:
Date: 06/22/2015
Proceedings: Florida Power & Light Company's Objection to Notice of Deposition Duces Tecum to Peter Andersen filed.
PDF:
Date: 06/22/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Wilbur Mayorga) filed.
PDF:
Date: 06/22/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Craig Grossenbacher) filed.
PDF:
Date: 06/19/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Lee Hefty) filed.
PDF:
Date: 06/19/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of S. Torcise and E. Wexler) filed.
PDF:
Date: 06/19/2015
Proceedings: Order (denying motion to compel).
PDF:
Date: 06/19/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Virginia Walsh) filed.
PDF:
Date: 06/19/2015
Proceedings: Notice of Cancelling Deposition (of Roy Sonenshien) filed.
PDF:
Date: 06/19/2015
Proceedings: FPL's Response in Opposition to ACI's Motion to Compel or Alternatively Motion to Strike Testimony filed.
PDF:
Date: 06/18/2015
Proceedings: Atlantic Civil's Response to FPL's Objection to Atlantic Civil, Inc.'s Notice of Taking Deposition Duces Tecum of Steven Scroggs and Gregory Powell, and Motion to Compel or Alternatively Motion to Strike Testimony filed.
PDF:
Date: 06/18/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Amended Witness Disclosure filed.
PDF:
Date: 06/18/2015
Proceedings: Florida Power & Light Company's Objection to Notice of Deposition Duces Tecum to Gregory Powell filed.
PDF:
Date: 06/18/2015
Proceedings: Florida Power & Light Company's Objection to Notice of Deposition Duces Tecum to Steven Scroggs filed.
PDF:
Date: 06/17/2015
Proceedings: Florida Power & Light Company's Supplemental Response to Atlantic Civil, Inc.'s First Request for Production to FPL filed.
PDF:
Date: 06/17/2015
Proceedings: Florida Power & Light Company's Notice of Serving Supplemental Response to Atlantic Civil, Inc.'s First Set of Interrogatories filed.
PDF:
Date: 06/17/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Thomas Lodge) filed.
PDF:
Date: 06/17/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Roy Soenshien and Kirk Martin) filed.
PDF:
Date: 06/17/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Ann Seiler) filed.
PDF:
Date: 06/17/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Allan Stodgill) filed.
PDF:
Date: 06/17/2015
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Justin Green) filed.
PDF:
Date: 06/16/2015
Proceedings: Notice of Appearance (Alfred Malefatto) filed.
PDF:
Date: 06/16/2015
Proceedings: Notice of Appearance (Rachael Bruce) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Appearance (Edwin Steinmeyer) filed.
PDF:
Date: 06/15/2015
Proceedings: Corrected Notice of Taking Deposition Duces Tecum (Simon Sunderland, P.G.) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Jeff Giddings) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Jeff Giddings) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (John Janzen) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Peter Anderson) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Gregory Powell) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Steven Scroggs) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Allan Stodgill) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Ann Seiler) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (Justin Green) filed.
PDF:
Date: 06/15/2015
Proceedings: Notice of Taking Depositions Duces Tecum (Bertha Goldenberg and Doug Yoder) filed.
PDF:
Date: 06/12/2015
Proceedings: Joint Statement of the issues of Miami-Dade County, Atlantic Civil and Tropical Audubon Society filed.
PDF:
Date: 06/12/2015
Proceedings: Florida Power & Light Company's Statement of Issues filed.
PDF:
Date: 06/12/2015
Proceedings: Notice of Filing Proof of Publication of Notice of Hearing filed.
PDF:
Date: 06/11/2015
Proceedings: Notice of Appearance (Erin Deady) filed.
PDF:
Date: 06/04/2015
Proceedings: Notice of Serving Florida Department of Environmental Protection's Witness Disclosure filed.
PDF:
Date: 06/04/2015
Proceedings: Florida Department of Environmental Protection's Witness Disclosure filed.
PDF:
Date: 06/04/2015
Proceedings: Notice of Miami-Dade County's Witness Disclosure filed.
PDF:
Date: 06/04/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s Witness Disclosure filed.
PDF:
Date: 06/04/2015
Proceedings: Tropical Audubon Society's Witness Disclosure filed.
PDF:
Date: 06/04/2015
Proceedings: Notice of Appearance (Jennifer Brown) filed.
PDF:
Date: 06/03/2015
Proceedings: Notice of Filing Florida Power & Light Company's Witness Disclosure filed.
PDF:
Date: 06/03/2015
Proceedings: South Florida Water Management District's Notice of Witness Disclosure filed.
PDF:
Date: 05/28/2015
Proceedings: Florida Power & Light Company's Notice of Serving Responses to the Atlantic Civil, Inc.'s First Set of Interrogatories filed.
PDF:
Date: 05/28/2015
Proceedings: Florida Power & Light Co.'s Response to Atlantic Civil, Inc.'s First Request for Production to FPL filed.
PDF:
Date: 05/28/2015
Proceedings: Notice of Serving Florida Department of Environmental Protection's Answers to Intervenor, Atlantic Civil, Inc.'s First Set of Interrogatories filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's First Request for Production of Documents to Miami-Dade County filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's First Request for Admissions to Miami-Dade County, Florida filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's Notice of Serving First Set of Interrogatories (Nos. 1-14) to Miami-Dade County ("MDC") filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's First Request for Production to Tropical Audubon Society, Inc., filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's First Request for Admissions to Intervenor Tropical Audubon Society, Inc., filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's Notice of Serving First Set of Interrogatories (Nos. 1-14) to Tropocal Audubon Society, Inc.,("TAS") filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's First Request for Production of Documents to Atlantic Civil, Inc., filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's First Request for Admissions to Intervenor Atlantic Civil, Inc., filed.
PDF:
Date: 05/21/2015
Proceedings: Florida Power and Light Company's Notice of Serving First Set of Interrogatorties (Nos. 1-14) to Atlantic Civil, Inc., ("ACI") filed.
PDF:
Date: 05/19/2015
Proceedings: South Florida Water Management District's Notice of Intent to be a Party filed.
PDF:
Date: 05/12/2015
Proceedings: Notice of Submittal of Proof of Publication of Notice of Filing Petition for Modification and Notice of Hearing filed.
PDF:
Date: 04/28/2015
Proceedings: Intervenor, Atlantic Civil, Inc.'s, First Request for Production to Florida Power & Light Company filed.
PDF:
Date: 04/28/2015
Proceedings: (Intervenor's) Notice of Serving First Set of Interrogatories to Respondent Florida Department of Environmental Protection filed.
PDF:
Date: 04/28/2015
Proceedings: (Intervenor's) Notice of Serving First Set of Interrogatories to Petitioner Florida Power & Light Company filed.
PDF:
Date: 04/28/2015
Proceedings: Amended Notice of Hearing (hearing set for July 13 through 17, 2015; 9:00 a.m.; Miami, FL; amended as to hearing room location).
PDF:
Date: 04/28/2015
Proceedings: Notice of Appearance (Brooke Lewis) filed.
PDF:
Date: 04/28/2015
Proceedings: (FPL's) Unopposed Motion to Set Hearing Location filed.
PDF:
Date: 04/27/2015
Proceedings: Order (on Proposed Modification of Conditions of Certification Schedule and Stipulation for Establishment of Time Limits).
PDF:
Date: 04/24/2015
Proceedings: Department of Environmental Protection's Proposed Modification of Conditions of Certification Schedule and Stipulation for Establishment of Time Limits filed.
PDF:
Date: 04/20/2015
Proceedings: Order (denying motion to consolidate).
PDF:
Date: 04/20/2015
Proceedings: (FPL's) Amended Response to Motion to Consolidate filed.
PDF:
Date: 04/20/2015
Proceedings: (FPL's) Notice of Filing Amended Response to Motion to Consolidate filed.
PDF:
Date: 04/17/2015
Proceedings: (Department's) Response in Opposition to Joint Motion to Consolidate for Hearing and Discovery Purposes filed.
PDF:
Date: 04/17/2015
Proceedings: (FPL's) Response to Motion to Consolidate filed.
PDF:
Date: 04/13/2015
Proceedings: Order (on amended motion to intervene).
PDF:
Date: 04/10/2015
Proceedings: Joint Motion to Consolidate for Hearing and Discovery Purposes by Miami-Dade County, Tropical Audubon, and Atlantic Civil, Inc. filed.
PDF:
Date: 04/10/2015
Proceedings: Florida Power & Light Company's Response to Amended Motion to Intervene Filed by Atlantic Civil, Inc. filed.
PDF:
Date: 04/03/2015
Proceedings: Atlantic Civil, Inc's Amended Motion to Intervene filed.
PDF:
Date: 04/03/2015
Proceedings: Notice of Appearance (Benjamin Melnick) filed.
PDF:
Date: 04/01/2015
Proceedings: Notice of Appearance (Gary Perko) filed.
PDF:
Date: 04/01/2015
Proceedings: Order (on motion to intervene).
PDF:
Date: 03/31/2015
Proceedings: Florida Power & Light Company's Response in Opposition to Motion to Intervene Filed by Atlantic Civil, Inc. filed.
PDF:
Date: 03/30/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/30/2015
Proceedings: Notice of Hearing (hearing set for July 13 through 17, 2015; 9:00 a.m.; Miami, FL).
PDF:
Date: 03/30/2015
Proceedings: Miami-Dade County's Notice of Intent to be a Party filed.
PDF:
Date: 03/30/2015
Proceedings: Notice of Appearance (Dennis Kerbel) filed.
PDF:
Date: 03/27/2015
Proceedings: Response to Initial Order filed.
PDF:
Date: 03/26/2015
Proceedings: Tropical Audubon Society's Notice of Intent to Be a Party filed.
PDF:
Date: 03/24/2015
Proceedings: Atlantic Civil, Inc.'s, Response in Opposition to Florida Power and Light's Request for Expedited Administrative Hearing filed.
PDF:
Date: 03/24/2015
Proceedings: Atlantic Civil, Inc.'s Motion to Intervene filed.
PDF:
Date: 03/20/2015
Proceedings: Initial Order.
PDF:
Date: 03/19/2015
Proceedings: Conditions of Certification filed.
PDF:
Date: 03/19/2015
Proceedings: Letter to Justin Green from Matthew Raffenberg regarding submitting a petition for modification.
PDF:
Date: 03/19/2015
Proceedings: Written Objections to the Proposed Modifications to Florida Power and Light Company Turkey Point Plant Units 3 and 4 Nuclear Power Plant Unit 5 Combines Cycle Plant - Conditions of Certification PA03-45E filed.
PDF:
Date: 03/19/2015
Proceedings: Miami-Dade County's Response and Objections to Notice of Intent to Modify Conditions of Certification filed.
PDF:
Date: 03/19/2015
Proceedings: Petition for Modification of Certification and Expedited Administrative Proceedings filed.
PDF:
Date: 03/19/2015
Proceedings: Conditions of Certification (dated 3-19-2015) filed.
PDF:
Date: 03/19/2015
Proceedings: Final Order Modifying Conditions of Certification filed.
PDF:
Date: 03/19/2015
Proceedings: Department of Environmental Protection's Request for Assignment of Administrative Law Judge filed.
PDF:
Date: 03/19/2015
Proceedings: Objections to Proposed Modification to PA 03-45E filed.

Case Information

Judge:
BRAM D. E. CANTER
Date Filed:
03/19/2015
Date Assignment:
03/20/2015
Last Docket Entry:
05/09/2016
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN PART OR MODIFIED
Suffix:
EPP
 

Counsels

Related DOAH Cases(s) (4):

Related Florida Statute(s) (7):

Related Florida Rule(s) (1):