Application for Site Certification, Conduct of Studies, Postcertification Compliance Review, Monitoring, Postcertification Amendments or Clarifications, Modification of Certification, Criteria-change Modifications, Transfer of Ownership, Newspaper ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-17.051: Application for Site Certification
62-17.091: Conduct of Studies
62-17.191: Postcertification Compliance Review, Monitoring
62-17.205: Postcertification Amendments or Clarifications
62-17.211: Modification of Certification, Criteria-change Modifications, Transfer of Ownership
62-17.281: Newspaper Notice

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 43, October 26, 2007 issue of the Florida Administrative Weekly.

62‑17.051 Application for Site Certification.

(1)(a) No change.

(b) The applicant may substitute the United States Nuclear Regulatory Commission’s or its successor's format for an application for a nuclear power plant as outlined in 10 CFR, Part 50 and 10 CFR, Part 51, January 1, 2007, as amended, or any substantially similar federal format approved by the department, in lieu of the department’s format for a new application or a supplemental application.

(2) through (4) No change.

Specific Authority 403.504(1)(2), 403.517(1)(a), 403.5175(1) FS. Law Implemented 403.504, 403.5064, 403.517, 403.5175 FS. History–New 5‑7‑74, Amended 12‑27‑77, Formerly 17‑17.04, Amended 5‑9‑83, 4‑14‑86, 1‑22‑91, 1‑26‑93, Formerly 17‑17.051, Amended 2-1-99,_________.

 

62‑17.091 Conduct of Studies.

(1) As needed to verify or supplement the studies made by the applicant in support of the application, the department shall may commence or contract for joint or independent studies to aid in the evaluation of the site or may request that other agencies prepare a report on matters in that agency's jurisdiction. The department shall give written notice of all such studies to the applicant and affected agencies before they are commenced.

(2) No change.

Specific Authority 403.504(2) FS. Law Implemented 403.507(2), 403.507(3) FS. History–New 5‑7‑74, Amended 12‑27‑77, Formerly 17‑17.05, Amended 5‑9‑83, Formerly 17‑17.091, Amended 2-1-99,________.

 

62‑17.191 Postcertification Compliance Review, Monitoring.

(1) through (2) No change.

(3) The licensee shall provide within 90 days after certification a complete summary of those submittals identified in the Conditions of Certification where due-dates for information required of the licensee are identified. Such submittals shall include, but are not limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be provided to the Siting Coordination Office and any affected agency or agency subunit to whom the submittal is required to be provided, in a sortable spreadsheet, via CD and hard copy, in the format identified below or any other format requested by the licensee and approved by the department.

 

Condition Number	Requirement and timeframe	Due Date	Name of Agency or agency subunit to whom the submittal is required to be provided

 

Specific Authority 403.504(1) FS. Law Implemented 403.504(8), 403.511 FS. History–New 5‑7‑74, Amended 12‑27‑77, Formerly 17‑17.13, Amended 5‑9‑83, Formerly 17‑17.191, Amended 2-1-99,_________.

 

62‑17.205 Postcertification Amendments or Clarifications.

(1) through (2) No change.

Specific Authority 403.504(1) FS. Law Implemented 403.511, 403.5113, 403.516 FS. History–New 2-1-99, Amended________.

 

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

No change.

(1) No change.

(a) No change.

(b) The process for modifications requested by the licensee shall be in accordance with Section 403.516(1)(c) (b), F.S., and the following:

1. The process is initiated by the filing of a complete and sufficient petition for Modification. The petition shall contain a concise statement of the proposed modification; the factual reasons asserted for the modification, including the changes in circumstance which justify the modification; and, a statement of whether, and if so, how the proposed modification if approved would affect the conditions of certification, the site layout or design as depicted in the current version of the application, and the anticipated affects of the proposed modification on the applicant, public, and the environment.

2. through 7. No change.

(c) through (d) No change.

(2) through (4) No change.

Specific 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,________.

 

62‑17.281 Newspaper Notice.

No change.

(1) through (4) No change

(5)   Notice of Land Use Hearing.

No change.

(a) No change.

(b) Text which is the same point size as standard news items and which substantially states the following:

1. through 5. No change.

6. “Each party shall make available for public inspection at least five days prior to the hearing at a place specified in the public notice any written direct testimony which it intends to submit at the hearing.”

(6) Notice of Zoning and Land Use Plan Appeal Hearing.

No change.

(a) through (d) No change.

(e) Same as (5)(b)6. above.

(7) through (12) No change.

Specific Authority 403.504(1), 403.504(2), 403.6063(2), 403.517(1)(a) FS. Law Implemented 403.504(2)(5)(9), 403.5063, 403.5115(4), 403.516(1), 403.517, 403.5175 FS. History–New 2-1-99, Amended_________.