NOTICE OF INTENT TO ISSUE PROPOSED MODIFICATION OF POWER PLANT CERTIFICATION AND TRANSFER OF CERTIFICATION
The Florida Department of Environmental Protection (Department) hereby provides notice of an intent to modify the Power Plant Site Certification and the Conditions of Certification (COC) issued pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403.501 et seq., Florida Statutes (F.S.) and to transfer the site certification, concerning: Florida Crushed Stone Company Brooksville South Cement Plants Steam Electric Generating Plant, PA82-17. On October 17, 2011, the Department received a request to modify the Certification and the COC for the Florida Crushed Stone Company Brooksville South Cement Plants Steam Electric Generating Plant pursuant to Section 403.516(1)(c), F.S., to allow for the existing 125-megawatt (MW) coal-fired electrical generating unit to be converted to a 70- to 80- MW biomass-fired electrical generating unit, including installation of new biomass fuel delivery, unloading, storage and handling facilities. The Department has also received a notice of intent to transfer the site certification for the electrical generating unit and associated onsite and offsite facilities from CEMEX Construction Materials Florida, LLC, to Central Power & Lime, LLC as a co-licensee. The Department proposes to modify the COC to allow the conversion to a biomass-fired electrical generating unit and to transfer the site certification for the electrical generating unit and associated facilities to Central Power & Lime, LLC. A copy of the proposed modification and transfer of certification may be obtained by contacting: Cindy Mulkey, Administrator, Siting Coordination Office, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #48, Tallahassee, Florida 32399-3000, phone: (850)245-2002. Pursuant to Section 403.516(1)(c)2., F.S., 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 proposed modification. Pursuant to Section 403.516(1)(c)2., F.S., any person who is not already a party to the certification hearing and whose substantial interest is affected by the proposed modification has 30 days from the date of publication of this public notice to object in writing. Pursuant to subsection 62-17.211(3), Florida Administrative Code (F.A.C.), parties have 30 days to file in writing with the Department any objections to transfer of the certification. Failure to act within these timeframes constitutes a waiver of the right to object to the modification and transfer of certification. Any 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 and transfer of the certification shall be issued by the Department. If written objections are timely filed which address only a portion of the modification, then pursuant to subparagraph 62-17.211(1)(b)6., F.AC., the Department shall issue an Order approving that portion of the modification to which no objections were filed, unless that portion of the modification is substantially related to or necessary to implement the portion to which written objections are filed. If written objections are timely filed and agreement cannot be subsequently reached, then pursuant to Section 403.516(1)(c), F.S. and subparagraph 62-17.211(1)(b)7., F.A.C., the applicant may file a petition for modification with the Department and the Division of Administrative Hearings seeking approval for those portions of the modification to which written objections were timely filed. The request for hearing will be handled pursuant to Chapter 120, F.S., and in accordance with Section 403.516(1)(c)4, F.S., and subparagraph 62-17.211(1)(b)7., F.A.C. Mediation is not available in this proceeding.
