62-17.293. Fees, Disbursement of Funds, Contracts

(1) The Department will take no action on any notice-of-intent, application, or petition for modification until it has received the appropriate fee described below. All fees shall be paid by check made payable to the “Department of Environmental Protection”.

(a) Notice of Intent: $2,500.

(b) Application fee, comprised of the amounts in subparagraphs 1. and 2., as applicable:

1. Fuel, site type, and net generating capacity and fuel:

	TYPE/CAPACITY	FEE
	Nuclear	$200,000
	Fossil fuel (coal, oil or emulsified bitumen, except gas) 500	$200,000
	MW or larger
	Fossil fuel (coal, oil, or emulsified bitumen, except gas) less	$175,000 plus (b)2.
	than 500 MW
	Gas-fired, 100 MW or larger	$150,000 plus (b)2.
	Waste-To-Energy,	$150,000 plus (b)2.
	100 MW or larger
	Gas-fired or Waste-To-Energy less than 100 MW; Solar or	$125,000 plus (b)2.
	other, any size
	Combined Cycle fueled by associated coal gasification	$150,000 plus (b)2.
	facilities or oil heavier than #2
	Combined Cycle fueled by gas or distillate oil, 350 MW or	$125,000 plus (b)2.
	larger
	Combined Cycle fueled by gas or distillate oil, less than 350	$100,000 plus (b)2.
	MW

2. Associated linear facilites.

For associated linear facilities such as transmission lines, rail lines, or gas or oil pipelines which are proposed to be certified, a fee of $500 per mile of linear facility, as measured from the edge of the powerblock to the offsite terminus of the linear facility, is required in addition to the specified application fee, up to a maximum total fee of $200,000.

(c) Modifications.

1. No fee is required for modifications pursuant to Section 403.516(1)(a) or (b), F.S.

2. The fee for any other modification shall be based on the number of agencies whose review is required in order to modify the Conditions of Certification due to the proposed equipment redesign, change in site size, type, increase in generating capacity proposed, or change in an associated linear facility location. The number of agencies whose review is required shall be determined by the Department based on the changes proposed to the Conditions of Certification. The fee shall be:

a.One agency $10,000.

b.Two agencies$20,000.

c.Three or more agencies$30,000.

3. If the licensee files a request for a hearing pursuant to Section 403.516(1)(c)3., F.S., the amount of the fee to be transferred to the Division of Administrative Hearings shall be remitted to the Division by the Department within 60 days after the referral of the request to the Division.

(d) Supplemental applications. A supplemental application fee comprised of the amounts in subparagraphs 1. and 2. as applicable:

1. Supplemental generating capacity to be added and fuel:

	TYPE/CAPACITY OF
	SUPPLEMENTAL UNITS	FEE
	Nuclear	$75,000
	Fossil fuel (coal, oil, or emulsified bitumen, except gas)	$75,000
	500 MW or larger
	Fossil fuel (coal, oil, or emulsified bitumen, except gas) less than 500 MW	$65,000
	Gas-fired, 100 MW or larger	$65,000
	Waste-To-Energy, 100 MW or larger	$60,000
	Gas-fired or Waste-To-Energy, less than 100 MW; solar or other, any size	$50,000
	Combined Cycle fueled by associated coal gasification facilities or oil	$75,000
	heavier than #2
	Combined Cycle fueled by gas or distillate oil	$50,000

2. Additional associated linear facilities.

For associated linear facilities such as transmission lines, rail lines, or gas or oil pipelines which are proposed to be certified in addition to those previously certified, a fee of $500 per mile of linear facility, as measured from the edge of the powerblock to the offsite terminus of the linear facility, is required in addition to the specified application fee, up to a maximum total fee of $75,000.

(2) The following applies to management of the fees:

(a) The department shall retain the percentages specified in 403.518(2)(a) and (d), F.S.

(b) The portion of the fee to be transferred to the Division of Administrative Hearings shall be remitted within 60 days after the following events:

1. Assignment of an administrative law judge to conduct the initial exercise of duties, pursuant to Section 403.518(2)(b)1., F.S.

2. The issuance of the recommended order on land use, pursuant to Section 403.508(1)(d), F.S.

3. The issuance of the recommended order on certification, pursuant to Section 403.508(2)(a), F.S.

(c) In order to receive reimbursement for participation in the proceedings, the affected agencies must submit invoices for reimbursement to the Department’s Siting Coordination Office for a validity review prior to processing by the Department’s Bureau of Finance & Accounting. The invoices must be submitted no later than 45 days after final action by the Siting Board or after notification of withdrawal of the application. Invoices received after the deadline shall not be deemed eligible for reimbursement unless good cause is demonstrated to the department. Each invoice must be accompanied by an itemization of the time and expenses incurred in accordance with state auditing procedures.

(d) Authorized agency expenses for affected agencies may only include direct costs for those items identified in Section 403.518(2)(c)1., F.S.

(e) All contracts must be directly related to the evaluation of the application. Any agency intending to incur an expense for a contract for studies pursuant to Section 403.507, F.S., must first obtain approval from the department for the amount and purpose of such expenditure. All such studies must be related to the jurisdiction of the agencies and must be directly related to the evaluation of the application.  Any such contract must specify that:

1. Receipt of the final results must be available in time for agency report submittals.

2. The studies shall be finalized in writing.

3. Final reimbursement to the contractor shall not occur unless complete results are submitted such that the schedule of subparagraph 1. can be met.

4. The contractor agrees to be available to act as a witness in certification proceedings.

Rulemaking Authority 403.504 FS. Law Implemented 403.518 FS. History–New 1-22-91, Amended 1-26-93, Formerly 17-17.293, Amended 2-1-99, 2-13-08.