This is a rulemaking effort to allow electronic submittal of data by removing requirements that data in support of modifications under the Power Plant and Transmission Line Siting Acts be submitted on paper.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-17.211: Modification of Certification, Criteria-change Modifications, Transfer of Ownership
62-17.680: Modification of Certification
PURPOSE AND EFFECT: This is a rulemaking effort to allow electronic submittal of data by removing requirements that data in support of modifications under the Power Plant and Transmission Line Siting Acts be submitted on paper.
SUMMARY: The Department is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort the Department is amending these rules regarding modifications under the Power Plant and Transmission Line Siting Acts to allow the submission of electronic data.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: These amendments will not require ratification, because they only change the rules to allow for options to submit data electronically or on paper, which will not result in any increased cost burden to the regulated public.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 403.504(1), 403.523(1) FS.
LAW IMPLEMENTED: 403.5115, 403.516, 403.5315 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 19, 2013, 9:00 a.m. - 12:30 p.m.
PLACE: Marjory Stoneman Douglas Building, Room 609, 3900 Commonwealth Blvd., Tallahassee, Fl 32399-3000
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Toni Sturtevant at 850-245-2257 or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Toni Sturtevant at 850-245-2257 or [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

62-17.211 Modification of Certification, Criteria-change Modifications, Transfer of Ownership.

A certification and conditions of certification can be modified only in accordance with Section 403.516, F.S., and this rule; or in accordance with Section 403.511(5), F.S.; or, as a transfer of certification to a new licensee.

(1) No change.

(a) – (b) No change.

1. No change.

2. To be deemed properly filed, the licensee shall submit the petition for modification as number of paper and electronic copies determined below.

a. The licensee shall consult with the department to determine the appropriate department and agency contacts number of paper copies needed to support the modification review. At a minimum, three copies of the request shall be submitted to the department’s Siting Coordination Office, one copy shall be submitted to the department’s agency clerk, and at least one copy of the request shall be sent to all parties to the original proceedings and any previous modification proceedings, at the last address on record for the party.

b. No change.

3. – 7. No change.

(c) – (d) No change.

(2) - (4) No change.

Rulemaking Authority 403.504(1) FS. Law Implemented 403.511(5), 403.516, FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.17, Amended 5-9-83, Formerly 17-17.211, Amended 2-1-99, 2-13-08.

 

62-17.680 Modification of Certification.

(1)(a) – (c) No change.

(2) Modifications requested by a licensee shall be processed in accordance with Section 403.5315(2), F.S.

(a) To be deemed properly filed, the licensee shall submit the petition for modification as the number of paper and electronic copies determined below.

1. The licensee shall consult with the Department to determine the appropriate department and agency contacts number of paper copies needed to support the modification review. At a minimum, three paper copies of the request shall be submitted to the Department’s Siting Coordination program and to all parties to the original proceedings and any previous modification proceedings, at the last address on record for the party. one copy shall be submitted to the Department’s agency clerk.

2. No change.

(b) – (e) No change.

Rulemaking Authority 403.523(1) FS. Law Implemented 403.5315 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.68, 17-17.680, Amended 5-24-10.

NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Mulkey
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2012