Department of Environmental Protection, Departmental  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    Siting Coordination Office

    NOTICE OF INTENT TO ISSUE PROPOSED

    MODIFICATION OF POWER PLANT CERTIFICATION

    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: Florida Municipal Power Agency (FMPA) and Kissimmee Utility Authority (KUA), joint owners and operators, Cane Island Power Park, Power Plant Siting Application No. PA 98-38, OGC Case No. 15-0054. On January 23, 2015, the Department received a petition to modify the Conditions of Certification for Cane Island Power Park from FMPA/KUA pursuant to Section 403.516(1)(c), Florida Statutes, specifically to delete a requirement for FMPA/KUA to demonstrate no net increase of Total Nitrogen and Total Nitrates introduced back into the Tohopekaliga Water Authority (TWA) reclaimed water pipeline than was received. FMPA/KUA, TWA and the Department have agreed that this requirement is no longer necessary since TWA has its own permit with the Department to ensure compliance is being met for the downstream nitrate discharge limitations.

    A copy of the proposed modification may be obtained by contacting the Siting Coordination Office, Department of Environmental Protection, 2600 Blair Stone Rd., M.S. 5500, Tallahassee, Florida 32399-2400, (850)717-9000. Pursuant to Section 403.516(1)(c)2., Florida Statutes, parties to the certification proceeding have 45 days from issuance of notice to such party’s 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 proceeding 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, M.S. 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 reached, then pursuant to Chapter 62-17.211, Florida Administrative Code, the applicant may file a petition for modification seeking approval of those portions of the request for modification to which written objections were timely filed. Mediation is not available in this proceeding.

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