The Florida Department of Environmental Protection (Department) hereby provides notice of an intent to modify the Power Plant Conditions of Certification issued pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403.501 et seq., Florida Statutes, concerning: Levy Nuclear Project, Power Plant Siting Application No. PA08-51, OGC Case No. 09-4277. On December 16, 2009 the Department received a request to modify the Conditions of Certification for the Levy Nuclear Project from Progress Energy Florida (PEF) pursuant to Section 403.516(1)(c), Florida Statutes, to alter the submittal deadline for refinements to the January 13, 2009 Wetland Mitigation Plan. The Department proposes to modify the Conditions of Certification to alter the submittal deadline and to permit further extensions by agreement of PEF and the Department. A copy of the proposed modification may be obtained by contacting: Michael P. Halpin, P.E., Administrator, Siting Coordination Office, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #48, Tallahassee, Florida 32399‑3000, (850)245‑2002. Pursuant to Section 403.516(1)(c)2., Florida Statutes, parties to the certification hearing have 45 days from issuance of notice to such partys last address of record in which to object to the requested modification. Failure of any of the parties to file a response will constitute a waiver of objection to the requested modification. Any person who is not already a party to the certification hearing and whose substantial interest is affected by the requested modification has 30 days from the date of publication of this public notice to object in writing. The written objection must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399‑3000. If no objections are received, then a Final Order approving the modification shall be issued by the Department. If objections are raised and agreement cannot be subsequently reached, then pursuant to Section 403.516(1)(c)3., Florida Statutes, and Rule 62-17.211, Florida Administrative Code, PEF or the Department may file a request for a hearing with the Department and the Division of Administrative Hearings on those portions of the request for modification to which written objections were timely filed. The request for hearing will be handled pursuant to Chapter 120, Florida Statutes, and in accordance with Section 403.516(1)(c)4., Florida Statutes, and subparagraph 62-17.211(1)(b)7., Florida Administrative Code. Mediation is not available in this proceeding.
- Siting Coordination Office
