Administrative Law Judge J. Lawrence Johnston will conduct a hearing to consider the environmental effects and any other appropriate matters regarding whether to approve the site certification of the proposed Progress Energy Florida, Levy Nuclear ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Siting Coordination Office announces a hearing to which all persons are invited.

DATES AND TIME: February 23, 2009 – April 17, 2009, 9:00 a.m.

PLACE: February 23-27, March 2-6, March 9-13, March 16-20, 2009, the hearing will be held at: Inglis Community Center, 137 Highway 40 West, Inglis, Florida. March 23-27, March 30-April 3, 2009, the hearing will be held: Plantation Inn, 9301 West Fort Island Trail, Crystal River, Florida. April 6-10, the hearing will be held: Crystal River National Guard Armory, 8551 West Venable Street, Crystal River, Florida. April 13-17, 2009, the hearing will be held: Plantation Inn, 9301 West Fort Island Trail, Crystal River, Florida.

The portion of the hearing from February 23-March 13, 2009, will relate to the proposed nuclear plant; the portion from March 16-March 20, 2009, will relate to the Citrus 1 and 2, Crystal River, Crystal River East 1 and 2, and Levy North and South transmission lines; the portion from March 23-27, 2009, will relate to the PHP Transmission Line; the portion from March 30-April 3, 2009, will relate to the Brooksville West and Brookridge transmission lines; and the portion from April 6-10, 2009, will relate to the Sumter Transmission Line. April 13-17, 2009, are reserved for wrap-up and rebuttal, if needed. Public testimony will be taken from 3:00 p.m. – 8:00 p.m. on the following days: February 26, 2009 at Inglis Community Center; March 3, 2009 at Inglis Community Center; March 16, 2009, at Crystal River National Guard Armory, 8551 West Venable Street, Crystal River, Florida; March 24, 2009 at Bethany Center, 18150 Bethany Center Drive, Lutz, Florida; March 31, 2009 at Brooksville Elks Lodge, 14494 Cortez Boulevard, Brooksville, Florida; and April 7, 2009 at the Savannah Center, 510 Colony Boulevard, The Villages, Florida.

GENERAL SUBJECT MATTER TO BE CONSIDERED: Administrative Law Judge J. Lawrence Johnston will conduct a hearing to consider the environmental effects and any other appropriate matters regarding whether to approve the site certification of the proposed Progress Energy Florida, Levy Nuclear Plant Units 1 and 2, application for site certification number PA08-51, DOAH Case Number 08-2727EPP, DEP Office of General Counsel Case Number 08-1621, pursuant to the Florida Electrical Power Plant Siting Act, Sections 403.501-.518, Florida Statutes. Judge J. Lawrence Johnston will prepare a Recommended Order for submission to and final action by the Governor and Cabinet acting as the Siting Board. Pursuant to Section 403.508(3), F.S., parties to the proceeding shall include the applicant, the Public Service Commission, the Department of Community Affairs, the Fish and Wildlife Conservation Commission, the water management district, the Department of Environmental Protection, the regional planning council, the local government, and the Department of Transportation. Any party listed in Section 403.508(3)(a), F.S., other than the Department of Environmental Protection or the applicant may waive its right to participate in these proceedings if such party fails to file a notice of its intent to be a party on or before the 90th day prior to the certification hearing. In addition, notwithstanding the provisions of Chapter 120, F.S., upon the filing with the administrative law judge of a notice of intent to be a party no later than 75 days after the application is filed, the following shall also be parties to the proceeding: any agency not listed in Section 403.508(3)(a), F.S., as to matters within its jurisdiction; any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation or natural beauty, to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; or to promote comprehensive planning or orderly development of the area in which the proposed electrical power plant is to be located. Other parties may include any person, including those persons listed herein who have failed to timely file a notice of intent to be a party, whose substantial interests are affected and being determined by the proceeding and who timely file a motion to intervene pursuant to Chapter 120, F.S., and applicable rules. Intervention pursuant to this paragraph may be granted at the discretion of the designated administrative law judge and upon such conditions as he or she may prescribe any time prior to 30 days before the commencement of the certification hearing. Motions to intervene must be filed (received) with Administrative Law Judge J. Lawrence Johnston, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, at least 30 days prior to commencement of the certification hearing. Any agency, including those whose properties or works are being affected pursuant to Section 403.509(4), F.S., shall be made a party upon the request of the department or the applicant. The certification hearing may be cancelled in accordance with Section 403.508(6)(a), F.S.; “No earlier than 29 days prior to the conduct of the certification hearing, the department or the applicant may request that the administrative law judge cancel the certification hearing and relinquish jurisdiction to the department if all parties to the proceeding stipulate that there are no disputed issues of fact or law to be raised at the certification hearing, and if sufficient time remains for the applicant and the department to publish public notices of the cancellation of the hearing at least 3 days prior to the scheduled date of the hearing.”

A copy of the agenda may be obtained by contacting: Mr. Michael P. Halpin, P.E., Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, M.S. 48, Tallahassee, Florida 32399-3000, [phone].

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 48 hours before the workshop/meeting by contacting: Jill Stoyshich, Department of Environmental Protection, Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, M.S. 48, Tallahassee, Florida 32399 3000, [phone]. 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).

For more information, you may contact: Jill Stoyshich, Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, M.S. 48, Tallahassee, Florida 32399-3000, [phone].