This proposed rule implements changes to the Florida Electrical Transmission Siting Act enacted in Senate Bill 888, signed into law on June 19, 2006 and House Bill 7135, signed into law on April 29, 2008. The proposed rule also includes ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-17.510: General
62-17.520: Definitions
62-17.535: Notification of Construction of Transmission Lines Not Subject to the Act
62-17.540: Application for Corridor Certification, Amendments, Modifications
62-17.543: Alternate or Multiple Corridor Information
62-17.545: Fees, Disbursement of Funds, Contracts
62-17.570: Insufficiency of Application, Resolution Procedures
62-17.580: Conduct of Studies
62-17.590: Agency Reports, Compiled Agencies' Report with Summaries
62-17.600: Conditions of Certification; Delegated Modifications
62-17.610: Proprietary Interest in State-owned Lands
62-17.625: Criteria for Rejection of an Alternate Corridor
62-17.660: Post-Certification Monitoring and Reporting
62-17.665: Dredging and Filling, Water Quality; Post-Certification Review
62-17.680: Modification of Certification
62-17.695: Emergency Replacement
62-17.700: Revocation or Suspension of Certification
62-17.710: Termination of Certification
62-17.750: Public Notice
62-17.760: Evidence of Notice, Additional Notice
PURPOSE AND EFFECT: This proposed rule implements changes to the Florida Electrical Transmission Siting Act enacted in Senate Bill 888, signed into law on June 19, 2006 and House Bill 7135, signed into law on April 29, 2008. The proposed rule also includes clarifications to rule sections.
SUMMARY: The draft proposed rule clarifies rule sections related to definitions, applicability, application requirements, completeness process, the conduct of studies, agency statements of issues and reports, alternate corridor processes, requirements for conditions of certification, post certification review, post certification amendments, modifications, public notice, and fees and brings them up to date with the current statute. It creates Rule 62-17.535, F.A.C., to provide noticing guidelines pursuant to Section 403.524(4), F.S., and Rule 62-17.610, F.A.C., to implement the requirements of Section 403.531(3)(b), F.S., regarding proprietary interest in state owned lands.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.520-.539 FS.
LAW IMPLEMENTED: 403.520-.539 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:
DATE AND TIME: Monday, October 26, 2009, 9:00 a.m.
PLACE: Department of Environmental Protection, Marjory, Stoneman Douglas Building, 3900 Commonwealth Blvd., Conference Room A, Tallahassee, Florida 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 48 hours before the workshop/meeting by contacting: Ms. Jill Stoyshich at [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).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Jill, Stoyshich, Florida Department of Environmental Protection, Siting Coordination Office, 3900 Commonwealth Boulevard, MS 48, Tallahassee, Florida 32399; or [e-mail], phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

PART II

TRANSMISSION LINE SITING

62‑17.510 General.

(1) The Department adopts Part II of this chapter pursuant to the charge of the legislature to provide an efficient, centralized, and coordinated permitting process for evaluating the location of the transmission line corridors, the construction, electric and magnetic field effects, and maintenance of transmission lines, and their effects on human health, safety and welfare, the environment, and electric power system reliability and integrity.

The purpose of Part II of this chapter is to implement the provisions of the Florida Electric Transmission Line Siting Act, Sections 403.52 through 403.5365, F.S., an act relating to all non-federal environmental permitting of electric transmission lines, and electric system reliability and integrity, and public welfare.

(2) The certification of a transmission line corridor shall incorporate the determination of need issued by the Public Service Commission and shall constitute the sole license of the state and any agency as to the approval of the location of the transmission line corridors, the construction, electric and magnetic field effects, and maintenance of transmission lines, subject to the terms of the conditions of certification.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.521, 403.531 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.510, Amended________.

 

62‑17.520 Definitions.

Words, terms, and phrases used in this chapter, unless otherwise indicated, shall have the meaning set forth in Section 403.522, F.S Florida Statutes. In addition, the following words when used in this Part shall have the indicated meanings:

(1) “Act” means the Transmission Line Siting Act, Sections 403.52 through 403.539, F.S.

(1)(2) “Access road” means shall mean a road within the corridor as recorded pursuant to Section 403.5312, F.S., and which is proposed to be used to gain access to the rights-of-way, transmission towers, or other utility property or facilities, including those roads used for maintenance purposes. The term includes access roads within the certified corridor outside of the transmission line rights-of-way.

(2)(3) “Alternate corridors” shall means corridors proposed by the applicant in the application that are secondary in preference to its preferred corridor or corridors proposed by parties to the certification proceeding other than the applicant pursuant to the provisions of Section 403.5271 403.527(5), F.S.

(3) “Clerk of the Siting Board” means the person designated as the clerk of the Department pursuant to Rule 62-103.050, F.A.C.

(4) “Construction” means any clearing of land, erection of structures, excavation or other action by the applicant that which would alter the physical environment or ecology of a right-of-way for the transmission line, but does not include those activities essential for surveying, preliminary corridor evaluation, environmental studies, trimming of vegetation, or activities on the right-of-way not associated with the certified transmission line.

(5) “Electronic Copies” means documentation submitted by the applicant that is stored on electronic media (for example, compact disc) in a manner suitable for ease of copying and pasting text or graphics into word processing software.Acceptable formats for electronic copies include Microsoft Word for Windows Versions 5.0 or higher; Rich Text Format, and portable document format (pdf). Any portable document format (.pdf) files must be of a version that allows all narrative and tables to be readily converted to text.

(6) “Established” means, when referring to an established right-of-way, a right of use created by purchase, grant, reservation, dedication, condemnation, permit, license, or any other procedure authorized by law.

(7) “Life of the facility” means the duration of construction and operational life of the certified transmission line, including any appurtenant structures, until the removal and abandonment of the entire facility.

(8)(5) “Maintenance” means the act of physically maintaining the transmission line including the right‑of‑way.

(9) “Precertification amendments” means documentation submitted by the applicant during the application review period pursuant to Section 403.5275, F.S., that reflects changes proposed by the applicant to the designs or plans contained in its previously submitted application.It does not mean responses to requests for additional information to make the application complete as determined by reviewing agencies.

(10)(6) “Primary corridor” shall mean the preferred original corridor which the applicant seeks to have certified.

(11) “Postcertification amendments” means documentation that reflects changes in the certified project under the provisions of Section 403.5317(1), F.S.

(7) “Secondary corridors” shall means corridors proposed for certification by the applicant which are not the primary corridor for which certification is sought.

(12)(8) “Secretary” means the Secretary of the Department of Environmental Protection, or the duly authorized designee.

(9) “Working days” shall mean the days of the week during which the state conducts business.Unless otherwise indicated, “days” shall mean calendar days.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.522 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.520, Amended________.

 

62-17.535 Notification of Construction of Transmission Lines Not Subject to the Act.

The notification required pursuant to subsection 403.524(4), F.S., shall provide the following information:

(1) Location of the line in terms of county, or sections/townships/ranges;

(2) Names or identifiers of connection points, e.g. “X” switchyard to “Y” substation;

(3) Line size and total length; and

(4) If the basis of the exemption from the Act under subsection 403.524(4), F.S., is construction of any portion of the transmission line within one or more established transmission line rights-of-way, documentation regarding the date each such right-of-way was established by means of a deed, grant, permit, license or reservation of easement, final judgment of condemnation or other legal instrument. If documentation of the date of establishment for such a right-of-way is not specifically available, the utility shall consult with the Department as to an acceptable substitute for demonstrating the establishment of the transmission line right-of-way at least five years prior to the start of construction.

Rulemaking Authority 403.523(1) FS. Law Implemented 403.524(4) FS. History–New________.

 

62‑17.540 Application for Corridor Certification and Precertification Amendments, Modifications.

(1) Applications for certification shall follow the format and shall be supported by information and technical studies, as prescribed by the Department’s application guide form 62‑1.212(1), F.A.C. Copies of this guide are available from a local District Office or by writing to the Department of Environmental Protection, Siting Coordination Office, MS 48, Commonwealth Blvd., Tallahassee, FL 32399-3000 as well as located on web site http://www.dep.state.fl.us/siting unless otherwise agreed to by the Department.

(a) The applicant shall consult with the Department to determine the number of copies of the certification application or precertification amendments thereto to be submitted to the Department for its own use. The applicant shall submit the number of hard copies and electronic copies the Department determines it needs. The Department’s determination of how many copies it needs shall be based upon the number of district offices, divisions, or programs required to review the application, plus one for the Department to provide to the Division of Administrative Hearings. The applicant shall send copies directly to the applicable district office, division, or program personnel at the addresses provided by the Department. A copy of the transmittal letter shall be provided to the Siting Coordination Office.

(b) The applicant shall consult with each agency identified in subsection 403.527(2)(a), F.S. and any newly affected agencies under Section 403.5271, F.S., to determine the number of printed and electronic copies of the application needed for those agencies to conduct their reviews. A copy of the transmittal letter shall be provided to the Siting Coordination Office.

(c) The applicant shall submit one copy of the application and any amendments thereto to a main public library in proximity to the corridor for each county in which the corridor will be located.

(2) Prior to application filing, upon request from applicant the applicant may request and the Department shall grant a meeting between the applicant, the Department and any all potentially interested statutory parties which are known to determine whether specified what informational requirements required by the application guide form may be waived, modified, or reduced in scope for a particular application. Subsequent to this meeting, the applicant may submit a written agreement to the Department and all potential statutory parties which are known as to the appropriate changes in scope, quantity, and specificity of information to be provided in the application. The Department shall publish notice of receipt of the proposed written agreement as provided in Rule 62‑17.750(2), F.A.C. After publication of notice, such written agreement shall be deemed binding except to the extent an affected agency specifically disagrees within 25 days of receipt of the proposed written agreement and indicates all changes necessary to render the written agreement acceptable to the agency. All such changes with which the applicant agrees in writing shall be incorporated into the agreement. If an agency and the applicant are unable to agree on a proposed change of application information requirements, the applicant must fully complete the portion of the application with which there is disagreement. Any affected agencies' disagreements shall be in writing and include the reasons for such disagreements.

(2) Ten copies of the certification application shall be submitted by the applicant to the Department. The Department may provide in the application form, or by written agreement with the applicant, that less than 10 copies be submitted of parts of the certification application. Within 7 days of receipt of an application, the Department shall request the Division of Administrative Hearings to designate a hearing officer. The Department shall file a copy of the application with the hearing officer immediately upon being advised by the Division of Administrative Hearings of assignment of the hearing officer and the following shall be accomplished:

(a) Within 7 days of the filing of the application, the Department shall provide the applicant and the Division of Administrative Hearings the names and addresses of those affected or other agencies entitled to notice and copies of the application and any amendments.

(b) Within 7 days after completeness has been determined, the Department shall provide a schedule of significant dates to be followed during the certification process to the hearing officer, the applicant, and the agencies identified pursuant to subsection (a).

(c) Within 7 days after completeness has been determined, the applicant shall distribute copies of the application to the agencies identified by the Department pursuant to subsection (a) and to all other parties to the certification proceeding within 7 days the determination of completeness or within 7 days of their appearance, whichever is later.

(d) Within five days of distribution, the applicant shall provide a list to the Department of the names and addresses of all the persons to whom the application was distributed.

(3) Applications shall also include;

(a) Information supporting any request for a variance, exception, exemption or other relief from the non‑procedural standards or rules of the Department or from the standards or rules of any other agency, including the reasons justifying such relief, and the condition which the applicant seeks to have included in the certification on this issue.

(b) Information describing the works or properties of any agency that the applicant seeks to use, connect to, or cross over, and the intended use.

(4)(a) Any precertification amendments made to an the application shall be sent by the applicant to the administrative law judge hearing officer and to all parties to the proceeding as well as to all agencies and persons who received a copy of the application. Such amendments shall be sent at the same time the amendments are sent to the Department. Except as otherwise provided in the conditions of certification, requests or petitions to modify certification shall be filed for all changes in transmission line corridor alignment.

(b) Precertification aAmendments to an application shall follow the format and shall be supported by information as prescribed in Section C of the Application Guide which is the section applicable to transmission lines form 62‑1.212(1), FAC. Appropriate revisions to the application text, figures, and photographs are required to must be made to reflect the changes. Amendments may be submitted initially as correspondence, but formal revisions to the application, either in the form of amended application pages or an errata sheet listing all necessary changes to application pages, are required to must be distributed within 15 days of correspondence submittal to all agencies, parties and persons previously receiving an application. Except as otherwise provided in the conditions of certification, expansions in right‑of‑way width will be considered modifications pursuant to Section 403.5315, Florida Statutes.

(c) Any correspondence from the applicant, including responses to agency completeness or sufficiency findings, which materially alters information contained in the application, shall be deemed an amendment.

Rulemaking Specific Authority 403.523(1), 403.531(2)(1)(b) FS. Law Implemented 403.523(1), (2), (3), (5), (6), 403.525, 403.5251, 403.5275 FS. History–New 11‑20‑80, Amended 6‑26‑84, 17‑17.54(4) Transferred to 17‑17.545(1) and Amended 6‑26‑84, 1‑26‑93, Formerly 17‑17.540, Amended_______.

 

62‑17.543 Alternate or Multiple Corridor Information.

(1) Information submittals for Alternate Corridor proposals must address all portions of the application guide applicable to transmission lines form (DEP form 62‑1.212(1)). The level of detail therein shall be commensurate with the scale of change in comparison to the applicant's original proposal. The information shall be filed with the Division of Administrative Hearings and served on the Department and all other parties to the proceeding within 45 days of the filing of the alternate corridor proposal. Failure to file and serve the information as provided in subsections 403.5271(1)(a)-(e), F.S., this subsection shall constitute a voluntary withdrawal of the proposed alternate corridor and the alternate corridor shall not be a corridor proper for certification at the certification hearing.

(2) An applicant may choose at its option to propose more than one corridor as being proper for certification in the original application. If information on more than one corridor is included in the application, the applicant must clearly indicate which is the primary corridor versus secondary corridors.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.523(1), (2), (3), (5), (6), 403.5271(1), 403.527(5) FS. History– New 6‑26‑84, Formerly 17‑17.543, Amended________.

 

62‑17.545 Fees, Disbursement of Funds, Contracts.

(1) The Department will take no action on any application, or petition for modification request, or precertification corridor alignment change amendment, until it has received the appropriate fee described below. All fees shall be paid by check made payable to the Department. The fee shall be determined by measuring along the centerline of the corridor. Portions of a mile shall be computed on a decimal basis.

(2) Application fee. The application fee shall be as prescribed in Section 403.5365(1), F.S. is $1000 for each mile of the proposed transmission line corridor as measured along the centerline of the corridor, plus the amount listed in 2. Portions of a mile shall be computed on a decimal basis, e.g. the fee for 74.33 miles would be $74,330.00. When an applicant proposes alternate secondary corridors as well as a primary one for consideration for certification, the application fee shall be computed on the basis of the total of all corridor lengths submitted by the applicant the longest corridor.

2. The following amounts are required in addition to the specified application fee:

Number of Substations or

Substation Expansions Included

Project Size In Certification Application Fee

230kV:

0‑2$ 5,000

3‑4$10,000

5‑6$15,000

7‑8$20,000

over 8$25,000

500kV:

0‑2$10,000

3‑4$20,000

5‑6$30,000

7‑8$40,000

over 8$50,000

(b) A fee of $2,000 plus $750 per mile of the total realigned portion(s) of the corridor is required whenever an amendment is proposed by the applicant which includes one or more corridor alignment changes. Portions of a mile shall be computed on a decimal basis. No additional fee is required from an applicant for corridor changes initiated by other parties even if the applicant either does not object to or supports such a change.

(c)1. A $4,000 modification fee is required where no change in corridor alignment is proposed by the applicant.

2. Where a modification is proposed by the applicant requires a corridor alignment change, the fee shall be $1,000 for each mile of corridor realignment as measured along the centerline of the realigned portion of the corridor, plus the amount listed below. Portions of a mile shall be computed on a decimal basis.

Number of Substations or

Substation Expansions Included

Project Size in Certification Application Fee

230kV:

0‑2$ 1,000

3‑4$ 2,000

5‑6$ 3,000

7‑8$ 4,000

over 8$ 5,000

500kV:

0‑2$ 2,000

3‑4$ 4,000

5‑6$ 6,000

7‑8$ 8,000

over 8$10,000

(2) All fees shall be paid by check made payable to the Department. All fees received from applicants under this Chapter will be deposited into the Department’s Operating Trust Fund to be used by the Department for costs incurred in the conduct of activities pertaining to applications for certification or modification of electrical transmission lines.

(3) Sixty percent of each fee shall be reserved for Department costs associated with reviewing and acting upon applications or petitions; for costs of public notices published by the Department; and for field services associated with monitoring construction and operation of the facility.

(4) Forty percent of the fee shall be reserved to reimburse for authorized expenses identified in subsection (6) below the Department of Community Affairs; the Department of Environmental Protection; the Game and Fresh Water Fish Commission; and the water management district, regional planning council, or local government in whose the jurisdiction the proposed electrical transmission line corridor is to be located; or any other agency which received a copy of the application for review pursuant to Rule 62‑17.540, F.A.C. In the event these reserved funds are not sufficient to provide for complete reimbursement of all agencies, reimbursement to each agency shall be on a prorated basis.

(5) All sums remaining after the payment of authorized agency expenses shall be retained by the Department for its use in the same manner as is otherwise authorized by the Transmission Line Siting Act.

(6) The following procedures for reimbursement of authorized agency expenses shall apply after final agency action by the Board or withdrawal of the application. No later than 90 days after final action by the Siting Board or 60 days after withdrawal, invoices for reimbursement must be submitted to the Department’s Siting Coordination Office for a review by the Department’s Bureau of Finance & Accounting. Each invoice must be accompanied by an itemization of the time and expenses incurred. Reimbursement shall occur no sooner than 120 days after final action by the Siting Board, or 90 days after withdrawal of the application.

(a) Direct application related salary the following:

1. The conduct of studies for, and preparation of, reports required in accordance with Section 403.526, F.S.

2. Site inspections.

3. Attendance at hearings, depositions, and other administrative or legal proceedings.

4. managerial Technical review, and legal support

(b) Other Personal Service (OPS) help for technical review, site inspections, studies, report preparation and participation in siting proceedings.

(c) Contracts for studies pursuant to subsection (7) below.

(d) Application‑related expenses for the following:

1. Travel costs. Any reimbursement claims for travel costs must be accompanied by an approved State of Florida travel voucher.

2. Copying and reproduction costs for reports, notices, and legal pleadings.

3. Telephone and communication expenses.

4. Materials needed for studies and report preparation (e.g. maps, aerial‑photographs).

5. Authorized local governments may charge for the cost of public notice directly related to informational public meetings held pursuant to Section 403.5272, F.S.

(a)(7) Any agency intending to seek reimbursement from the fee incur an expense for a contract for studies to support its report pursuant to Section 403.526, F.S., shall first obtain prior written approval from the Department for the amount and purpose of the expenditure. Except as provided in subsection 403.523(4), F.S., aAll such studies shall be related to the jurisdiction of the requesting agency agencies and shall be directly related to the evaluation of the certification application. The applicant shall be furnished with a copy of any request for approval of a contract for studies, as well as the report or results from any approved studies, within 10 days of receipt by the Department.

(b)(a) Any contract must specify that:

1. Receipt of the preliminary results will be available in time for agency report submittals with final results available at least 30 days prior to the certification hearing;.

2. The studies shall be finalized in writing;.

3. Final reimbursement to the agency and thus to the contractor shall not occur unless complete results are submitted such that the schedule of paragraph 1. above can be met; and.

4. The contractor will be available to act as a witness in certification proceedings.

(c)(b) The breach of any provision of a contract for studies shall not be grounds for the alteration of any time limitation in the Act pursuant to Section 403.528, F.S.

(8) If the application is withdrawn, the Department shall request all agencies to compute their expenses up to the time of application withdrawal, and within 30 days of the request, to submit invoices for that time period, including any expenses incurred in preparing the invoice, in accordance with subsection (6). Within 90 days of the notification of withdrawal, the applicant shall be refunded whatever amount remains after subtraction of all documented agency and Department expenses.

(3) Modification fee.

2. Where a modification is proposed by the licensee that applicant requires a corridor alignment change, the fee shall include the per-mile amount prescribed by Section 403.5365(3)(b), F.S., be $1,000 for each mile of corridor realignment as measured along the centerline of the realigned portion of the corridor, plus the following: amount listed below. Portions of a mile shall be computed on a decimal basis.

(a) 230 kV and higher, but less than 500 kV, transmission line:$7,000.

(b) 500 kV or higher transmission line:$10,000.

(4) Amendment fee.

(b) A fee of $2,000 plus $750 per mile of the total realigned portion(s) of the corridor is required whenever an amendment is proposed by the applicant which includes one or more corridor alignment changes. Portions of a mile shall be computed on a decimal basis. No additional fee is required from an applicant for corridor changes initiated by other parties even if the applicant either does not object to or supports such a change.

Rulemaking Specific Authority 403.523 FS. Law Implemented 403.523, 403.5275, 403.5365 FS. History–New 11‑20‑80, Formerly 17‑17.54(4), Transferred from and Amended 6‑26‑84, 4‑14‑86, 1‑22‑91, 1‑26‑93, Formerly 17‑17.545, Amended________.

 

62‑17.570 Insufficiency of Application, Resolution Procedures.

(1) Should the Department determine that an application is insufficient, a detailed statement explaining the insufficiency of the application may be served on the applicant and the parties concurrent with the completeness determination or may be served at a later time but no later than 20 working days after receipt of a complete application. Amendments shall be reviewed for sufficiency on a 10 working day schedule. The Department’s sufficiency finding shall be based on the recommendations of agencies required to submit reports pursuant to Section 403.526, F.S.; therefore, the sufficiency concerns of all reporting agencies shall be filed with the Department and served on all parties no later than 10 working days after the agency’s receipt of the application or 7 working days after receipt of an amendment. Failure to file sufficiency remarks with the Department in a timely fashion shall be a waiver of the individual agency’s sufficiency concerns.

(2) Within 15 days after the filing of the Department’s statement that the application or amendment is insufficient, the applicant shall file one of the following with the Division of Administrative Hearings, the Department, and the parties:

(a) Supplemental information which renders the application or amendment sufficient.

(b) A statement agreeing with the statement of the Department but indicating that the information cannot be supplied within 15 days which shall toll the time for the certification schedule, or the application or amendment may be withdrawn.

1. If the certification schedule is tolled, upon the filing of sufficient information to render the application or amendment sufficient, the times provided in the Act and this Chapter shall recommence as of the date of the filing of the Department’s determination that the application or amendment is sufficient.

2. If an application is withdrawn then later resubmitted, the certification schedule shall commence anew as for an original application. However, when reviewing a resubmitted application for completeness and sufficiency, the agencies shall take into account previous determinations of completeness and sufficiency and attempt to shorten the time period necessary to make such determinations for the resubmitted application.

(c) A statement contesting the sufficiency statement of the Department and providing information explaining its position. The applicant’s responses and hearings on sufficiency shall follow the same procedures and time schedules as for completeness set forth in paragraph 62‑17.560(3)(c), F.A.C., and both sufficiency and completeness issues may be addressed in the same responses and hearings.

(3) If, after an amendment has been filed to address agency sufficiency concerns, an agency or the Department determines that the amendment is incomplete or insufficient to such a degree that the filing of a preliminary report would result in no meaningful information produced for use in the voluntary public meetings held by the local governments, the agency shall advise the Department and the Department may so inform the hearing officer and request that the certification schedule be revised such that the filing date of the preliminary reports, and thus the final reports, the Compiled Agency Report, and date of the certification hearing is postponed in order to afford the preparation of meaningful reports.

(4) If an amendment is filed after the submission of agency reports to the Department, or after the filing of the Compiled Agencies’ Report, an agency may request the hearing officer to adjust the certification schedule if the agency determines that the amendment alters the findings of the report or variance information or suggested conditions of certification.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.523(3)(5), 403.525(3) FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.570, Repealed________.

 

62‑17.580 Conduct of Studies.

(1) As needed to verify or supplement the studies made by the applicant in support of the application, the Department within 15 days of the filing of a complete application shall commence or contract for joint or independent studies to aid in the evaluation of the certification application. For studies in areas outside of the Department’s jurisdiction and in the jurisdiction of another agency, the Department may initiate such studies, but only with the consent of such agency. The Department shall give written notice of all such studies to the applicant before they are commenced. Such studies may include the consideration of the following criteria in regards to corridor location impacts, transmission line construction impacts, electric and magnetic field effects, right‑of‑way and access road maintenance impacts, and mitigation measures, as applicable:

(a) Potential impacts of transmission line crossings on navigable waters, and submerged lands or wetlands.

(b) Potential impact on water quality and quantity, including hydrology and surface drainage resulting from construction, clearing, and maintenance.

(c) Potential impact on terrestrial and aquatic plant and animal life, including endangered or threatened species within the Department's jurisdiction.

(d) Commensurate with the level of detail of information provided in the application, a final or preliminary identification of those areas where the Department has dredge/fill jurisdiction; specific identification and the location of the landward extent of jurisdiction may not occur until after the right‑of‑way has been defined.

(e) If site specific dredging and filling information has not been provided for all locations in the corridor at the time of application filing:

1. An analysis of areas in which the right‑of‑way, if located, would cause the transmission line not to be certifiable. Designation of such areas may be premised on, but is not limited to, the following:

a. There are no construction techniques which can reasonably be used in that area to mitigate adverse construction impacts to the extent that permitting requirements can be met, including considerations of cumulative impact as provided for in Section 403.919, F.S, and therefore it would be appropriate for this particular location to be excluded from the certified corridor.

b. Other matters relating to dredging and filling which fail to comply with all non‑procedural requirements of an agency or fail to comply with the standards set forth in Section 403.529, F.S., e.g., endangered species habitat within the Department's jurisdiction.

2. An analysis of areas where construction techniques and potential right‑of‑way locations may exist which will comply with Departmental permitting requirements, but the Department does not possess sufficient information to make such determination. For example, such an instance might occur when neither the applicant nor the Department has permission to enter property to verify conditions deduced from aerial photography or other remote means.

(f) Potential transmission line electric and magnetic field effects on health, safety, and welfare, if any.

(g) Site specific environmental studies due to the particular nature of the corridor.

(2) At the time of distribution of the application, the Department shall inform the local governments and regional planning councils of the general process of transmission line siting. and that they would have the right to conduct studies on matters within their jurisdiction relating to the presence of or impacts to:

(a) Special requirements for county/city permitting activities, such as for road crossings, stormwater control, etc., which will be included under certification;

(b) Compliance with adopted local government comprehensive plans and areas where a corridor location is unauthorized by such a plan placed in established rights-of-way.

(c) Compliance with zoning restrictions, placed in established rights-of-way including noise ordinances as compared with the estimated noise levels produced by the transmission line, and airport flight overlay zoning restrictions;

(d) City/county owned lands and easements necessary thereto;

(e) Potential impacts to socioeconomic factors addressed in zoning ordinances;

(f) Potential conflicts with support services, such as radio interference with emergency vehicles or broadcast towers;

(g) Environmental or special use factors with which the county/city has a particular concern, such as proximity to landfills or aircraft flight approach paths;

(h) Compliance with adopted Regional Comprehensive Plans;

(i) Potential impacts from regionally significant projects such as pending Developments of Regional Impact.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.523(2)(4)(14), 403.526(2)(7)(8), 403.527(5) FS. History–New 11‑20‑80, Amended 6‑26‑84, 4‑15‑85, Formerly 17‑17.580, Repealed ________.

 

62‑17.590 Agency Reports, Project Analysis Compiled Agencies’ Report with Summaries.

(1) The preliminary agency reports shall be submitted to the Department no later than 60 days after the Department’s receipt of a complete application, and shall be made available to each local government for use as information at public meetings held pursuant to Section 403.5272, F.S.

(2) The final agency reports shall be submitted to the Department no later than 90 days after each agency's receipt of a complete application.

(1)(3) The agency reports shall contain:

(a) A report as An assessment of to the impacts of the project related to matters within the agency‘s jurisdiction as determined by the studies required by Section 403.526, F.S.;

(b) Expected compliance with agency standards and an identification of any nonprocedural requirements not specifically listed in the application from which a variance or exemption is needed in order for the board to certify the corridor, including a statement of the agency’s position on each variance exception, exemption, or other relief within the agency's jurisdiction needed by the project;

(c) A summary of potential impacts the proposed project may have on any proposed use of, connection to, or crossing over of properties or works of the agency, inclusive of the agency’s position on the request (i.e., support or opposition of the request) and any standards which the agency proposes the applicant should satisfy in order for the applicant to use, connect, or cross over the agency’s properties or works.

(d)(c) Conclusions and recommendations regarding certification including reasons for recommendations and legal basis of denial, if the agency recommends denial of certification;

(e)(d) Proposed Conditions of Certification, if the agency intends to recommend certification, on matters within the agency's jurisdiction, listing the specific statute, rule, or ordinance, as applicable, that which authorizes the proposed condition, and including:;

1. Any impact monitoring or postcertification review that needs to be conducted including reasons and legal basis; and

2. Applicable conditions that may be necessary in the event the Siting Board or Secretary determines that the project should be certified.

(e) An identification of what matters are within their jurisdiction which will be materially affected by the transmission line or corridor.

(4) The Department shall file the Compiled Agencies’ Report required by Section 403.523(8), F.S., with the hearing officer and serve it on all parties no later than four months after the complete application has been filed with the Department or 30 days prior to the certification hearing, whichever is earliest.

(5) The Compiled Agencies' Report shall contain:

(a) The Department’s recommendations relating to the disposition of the application;

(b) Reports by governmental agencies as specified by Section 403.523(8) and 403.526, F.S.;

(c) A summary by the Department of the significant comments made in all the reports; and

(d) A compilation of the various recommended conditions of certification.

(2) The Project Analysis prepared by the Department shall contain a statement of whether the proposed transmission line meets the electric and magnetic field standards adopted in Chapter 62-814, F.A.C.

Rulemaking Specific Authority 403.523(2), (3), (4), (5), (6), (7), (8), (9), (10), 403.527(5) FS. Law Implemented 403.523(7)(8), 403.526 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.590, Amended________.

 

62‑17.600 Conditions of Certification, Delegated Modifications.

(1) The applicant can construct the transmission line in compliance with the terms of certification. If appropriate, the agencies’ proposed conditions of certification shall recognize that the construction of the proposed transmission line may take place over a substantial period of time. Therefore, compliance with the terms of certification may be monitored by the agencies.

(2) The Department shall request that the Board delegate authority to the Secretary to review and modify specific conditions in the certification pursuant to Section 403.5315(1), F.S. The specific conditions to be requested for delegation shall include, but not be limited to, the following:

(a) Except for modification of the location of the certified corridor, the Secretary of the Department is delegated the authority pursuant to Section 403.5315(1), F.S., to modify Conditions of Certification relating to:

1. A modification of the transmission line that would not cause any significant additional adverse environmental impact.

2. Modifications necessary to meet licensing conditions or requirements imposed on the applicant by any federal regulatory agency. The permittee shall notify the Department at least 30 days prior to the issuance of the federal license that would require such a modification, if known, or in any event, as soon as the federal agency notifies the permittee.

(b) The Department shall give written notice to the parties to the original certification of any requests for modification received pursuant to this section.

(3) If the information relating to dredging and filling in waters of the State over which the Department has dredging and filling jurisdiction pursuant to Chapter 403, F.S. was not provided by the applicant with the application for certification or amendments thereto, the Department may request the Board to deny certification unless the following conditions of certification are imposed:

“A. For all construction activities in waters of the state where the Department has dredge and fill jurisdiction pursuant to Chapter 403, F.S., which are identified in the conditions of certification, the permittee shall file with the Department of Environmental Protection, Bureau of Permitting, Siting Coordination Section, the information requested in Florida Administrative Code Rule 62‑17.665.

“B. The Department shall promptly review the submittal for completeness; for the purposes of this condition, completeness shall mean that the information submitted is both complete and sufficient. If found to be incomplete, the applicant shall be so notified. Failure to issue such a notice within 30 days after filing of the submittal shall constitute a finding of completeness.

“C. Within 90 days of filing of complete information, DEP shall determine whether there is reasonable assurance of compliance with applicable substantive agency regulations as required by the conditions of certification if the plans are executed as filed. If it is determined that reasonable assurance has not been provided, the permittee shall be notified with particularity and possible corrective measures suggested. Failure to notify the permittee in writing within 90 days of receipt of a complete information submittal shall constitute a compliance verification.

“D. If the Department does not object within the time period specified, the utility may begin construction pursuant to the terms of the conditions of certification and the subsequently submitted construction details and the Department shall provide to the Corps of Engineers a letter indicating that the full requirements of this condition have been met and that water quality certification for the purposes of 33 USC 1341 is hereby conveyed.

“E. Any information submittal after Board certification required by this section shall be solely for the purpose of facilitating the Department's monitoring of the applicant’s compliance with the conditions of certification.

“F. The permittee, at its option, may submit information for different dredging and filling activities at different time intervals.Each submittal by the permittee shall be processed by the Department separately.”

(4) In conjunction with (3), the Department may request that the Board adopt conditions of certification which provide that:

(a) The applicant not locate the right‑of‑way within certain areas of the corridor. These are to be identified by the Department as to the extent and reason for such “avoidance area”.

(b) The applicant receive prior approval for specific construction techniques to be used or not used in areas specified in the conditions; this may be in lieu of an avoidance area designation.

(c) The applicant consult with the Department prior to submittal of any post‑certification monitoring data to establish where gauged stream flow information will be necessary. Disputes over such consultations shall be resolved in accordance with Chapter 120, F.S.

(d) The applicant consult with the Department’s dredge and fill permitting staff prior to finalization of the access road locations, including those which will not be located on the right‑of‑way, and tower locations and establishment of construction techniques which are to be reflected on any post‑certification review information submittals.

(e) The acquisition of a particular right‑of‑way or the expenditure of funds towards acquisition of a particular right‑of‑way prior to the Department’s review pursuant to (3) above will be at the permittee’s risk, and the Department or any other party is not estopped from objecting to the construction of the transmission line and access roads in the right‑of‑way even if other construction has been approved or occurred on both sides of the proposed location.

(5) Any submittal of information pursuant to a requirement contained in a condition of certification is for the purpose of monitoring for compliance with the issued certification pursuant to Section 403.5317(2), F.S., which does not require agency action or which would authorize an activity by the permittee without further agency action does not provide a point of entry for a person other than the applicant to an administrative determination on the adequacy of the submittal. unless the Department makes a determination that the submittal or activity is not in compliance with the terms and conditions of certification, or applicable law including applicable rules. Persons whose substantial interests may be affected by the submittal may have the right to petition for a declaratory statement pursuant to Section 120.565, F.S., or to file a verified complaint pursuant to Section 403.412, F.S. However, such persons would not be entitled to raise issues which were or could reasonably have been litigated in the certification hearing process pursuant to Section 403.527, F.S.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.531(2), 403.5315(1), 403.523(8) FS. History–New 11‑20‑80, Amended 6‑26‑84, 4‑15‑85, Formerly 17‑17.600, Amended_______.

 

62-17.610 Proprietary Interest In State-owned Lands.

Where a certification order approves a corridor that crosses or otherwise impacts Sovereign or State owned lands, following acquisition of the right-of-way the licensee shall provide a copy of any license, easement, or other ownership document issued by the appropriate land owning entity for the affected property to the Department’s Siting Coordination Office within 30 days of issuance of such document by the public agency.

Rulemaking Authority 403.523(1) FS. Law Implemented 403.531(3)(b) FS. History–New_________.

 

62‑17.625 Criteria for Rejection of an Alternate Corridor Processing.

(1) The Department shall reject a proposed alternate corridor if one or more of the following criteria is met: Pursuant to Section 403.527(5)(b), F.S., within five days of receipt of a proposed alternate corridor filing, the Department and the applicant shall each file with the Division of Administrative Hearings a notice of acceptance or rejection of the alternate corridor proposed for consideration. The criteria of the Department for this rejection of a proposed alternate corridor shall be:

(a) The alternate does not have appropriate end points which connect to the remainder of the transmission line;.

(b) The quality of the filing is so poor as to make it difficult for the Department to evaluate the proposal; or.

(c) Failure to submit Tthe information required by Section 403.5271(1)(a) 403.527(5)(a), F.S., has not been submitted; however, this shall be without prejudice to re-file within the timeframes set forth in Section 403.5271(1) 403.527(5), F.S.

(2) Acceptance by the Department of an alternate corridor proposed for consideration pursuant to Section 403.5271(1), F.S., (1) above shall not require the Department to support or oppose certification of such alternate corridor.

(3) Acceptance by the applicant of an alternate corridor proposed for certification shall not require the applicant to support or oppose certification of such alternate corridor.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.5271(5) FS. History–New 6‑26‑84, Formerly 17‑17.625, Amended_______.

 

62‑17.660 Post‑Certification Monitoring and Reporting.

(1) At its own expense, the licensee The applicant shall conduct at its expense such postcertification monitoring and reporting required by the final order of certification as is of the effects arising from the location of the transmission line corridor, the construction of the transmission line or lines and the maintenance of the transmission line right‑of‑way pursuant to the conditions to assure continued compliance with the terms of certification. The monitoring and reporting shall be carried out in the manner prescribed in the conditions of certification established under Section 403.529(4), F.S. and this rule.

(2) Within 90 days after certification, the licensee shall provide a complete summary of those submittals where due dates are identified in the Conditions of Certification. Such submittals include monitoring reports, management plans, and wildlife surveys. The summary shall be provided to the Siting Coordination Office and any affected agency to which the submittal is required to be provided, in both electronic and paper form, using a sortable spreadsheet in a format substantially similar to the following.

 

Condition number	Requirement	Due date or timeframe	Name of agency to which the submittal is required to be provided

Rulemaking Specific Authority 403.532(1) FS. Law Implemented 403.523(10) FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.660, Amended________.

 

62‑17.665 Management and Storage of Surface Waters, Activities in Surface Waters and Wetlands, and Water Quality Dredging and Filling, Postcertification Review, Water Quality.

The requirements of this section shall only apply to the where construction, alteration, operation, maintenance, or repair (excluding custodial maintenance), abandonment, and removal of the transmission line, including access roads and structure pads, requires dredging or filling activities in waters of the state over which the Department has dredge and fill jurisdiction pursuant to the non-procedural requirements of Part IV of Chapter 373 403, F.S.

(1) The applicant must demonstrate shall show compliance with the Department’s non-procedural dredging and filling requirements set forth in Chapter 62-330, F.A.C., Department rules and may, at its option, elect to do so:

(a) As part of the certification application and prior to the conduct of any construction activities within the landward extent of waters of the state; or

(b) As part of a post-certification monitoring review process for monitoring compliance with pursuant to the conditions of certification and prior to the conduct of any construction activities within the landward extent of wetlands and other surface waters of the state. Five copies are required of all post‑certification information submittals, including modifications thereof.

(2) Unless a project qualifies for an exemption under Section 373.406 or 403.813, F.S., authorization must be obtained from the Department or Siting Board prior to construction, alteration, operation, maintenance or repair (excluding routine custodial maintenance), abandonment, or removal of any surface water management system required for the certified project within a certified corridor or prior to any wetland vegetation management for the certified project within a certified corridor other than that considered to be routine custodial maintenance.

(3)(2) The information submitted as part of subsection (1) of this section above shall be in accordance with the Department’s application guide DEP Form 62‑1.212(1) and the following. Regardless of the type of drawings submitted, specific water quality assurance information must be submitted.When information is to be submitted after certification, the applicant may choose to submit the post-certification review of the transmission line in segments provide the information in one or more submittals.

(a) Generic drawings will be acceptable:

1. Where there is a defined bed or channel in which water flows (incised streams, rivers, etc., with little or no associated floodplain); or

2. Where there are unchannelized wetlands or floodplains where the vegetation is predominantly herbaceous such as in a Cladium or Juncus marsh or grass prairie; or

3. Where there is forested wetlands are only comprised of isolated cypress domes, isolated bayheads, cypress sloughs, or forested wetlands not covered under subparagraph (b)1. (2)(b)1. of this subsection; or

4. Where there is any combination of subparagraphs 1., 2., or 3., of this paragraph; or

5. In other areas if approved by the Department.

(b) Specific information will be required for construction located, at a minimum, in the following areas unless otherwise agreed to between the Department and the applicant or as is provided for in paragraph (a) of this subsection:

1. In forested wetlands, consisting of unchannelized wetlands or multiple watercourses in riverine floodplains, other than the isolated cypress domes, isolated bayheads, or cypress sloughs listed above;

2. In lakes; and

3. In waters in which construction has the potential to interfere with navigation.

(c) Applicants must describe impacts and mitigation, if any, that provide reasonable assurance of compliance with the non-procedural requirements of Section 373.414, F.S., and applicable provisions of the appropriate water management district’s rules as well as the applicable interjurisdictional rule for where the line is being cited.

(d)(3) Information which will not be required for either generic or specific data submittals will be Tthe names and addresses of adjoining property owners will not be required as part of an application unless that owner is the Trustees of the Internal Improvement Trust Fund.Notification of the project will be given as part of the certification notice published in accordance with Section 403.5363, F.S. and Rule 62‑17.750, F.A.C., and no further individual notice will be given by the Department.

(e)(4) If upon ground truthing it is discovered of a dredge and fill site for which generic information was submitted, the permittee discovers that the site is of a different type of general contour or vegetation type other than the type provided in the generic drawings or if the information provided is not accurate, the applicant permittee shall submit a revised generic drawings or information, as applicable, to the Department. Such revised generic drawings or information shall be in accordance with the above application form requirements.

(4)(5)(a) Where the certification is issued requiring the Department’s ministerial issuance of an of Environmental Protection (DEP) approval for easement or other interest in state lands the applicant shall provide apply directly to the Department’s Division of State Lands DEP for each required easement or other interest in state lands information required in an application for such an interest for such approval. The applicant shall send a copy of the information submittal application to the Department’s Siting Coordination Office. The DEP, or the applicant if DEP fails to do so, shall forward a copy of the letter of approval for such easement or other interest to the Department so that the Department can verify compliance with the conditions of certification.

(b) In the event the applicant files information relating to activities in waters of the State dredging and filling as part of the application rather than after certification, the Department’s position on compliance with permitting standards shall be stated indicated in the Department’s report required by paragraph 62‑17.590(5)(3)(b), F.A.C. DEP shall be copied whenever an interest in state lands must be acquired.

(5)(6) The licensee applicant shall apply directly to the U. S. Army Corps of Engineers (COE) for permits required by the COE for construction of the transmission line. A copy of the final COE permit application shall be sent to the Siting Coordination Office and Environmental Resource Permitting program of the applicable District Office of the Department by the applicant.

(6)(7) If the material is submitted after certification pursuant to this section, the following procedures shall be used by the Department for the monitoring of compliance with the conditions of certification review:

(a) The Department's Siting Coordination Office Section in Tallahassee shall coordinate the processing of reviews.

(b) Submittals Copies of the non-procedural environmental resource program (ERP) dredge and fill information typically provided in an ERP application shall be sent by the Department’s Siting Coordination Office Department to the applicable Water Management District, the Game and Freshwater Fish and Wildlife Conservation Commission, the Department of Environmental Protection and any other agency that is identified in the conditions of certification which so requests in writing. Copies will not be sent to adjacent landowners unless a landowner within or immediately adjacent to the corridor requests copies in writing.

(c) The Department shall promptly review the post‑certification non-procedural ERP Dredge and Fill submittal for completeness. For the purposes of this section, completeness shall mean that the information submitted is both complete and sufficient. If found to be incomplete the licensee permittee shall be so notified within 30 days of receipt; failure to notify the licensee permittee accordingly shall constitute a finding of completeness. The provisions of Section 403.5317(2), F.S., govern the review completion deadlines.

(d) Within 90 days of filing of complete information, the Department shall determine whether there is reasonable assurance of compliance with substantive agency regulations as required by the conditions of certification.

(e) If the reviewing agencies and offices determine, as a result of their monitoring review, it is determined that reasonable assurance of compliance with the conditions of certification has not been provided, the Department’s Siting Coordination Office Department shall notify the licensee permittee with particularity and provide suggestions for suggest possible corrective measures; however, this will not bar the Department from taking enforcement action in appropriate cases. Failure to notify the permittee in writing within 90 days of receipt of a complete information submittal shall constitute a compliance verification.

(f) For those areas where the Department has joint jurisdiction with the U. S. Army Corps of Engineers, the Department’s Siting Coordination Office shall provide to the Corps of Engineers and the licensee a letter stating that the applicant has met the requirements for 33 USC 1341 certification if:

1. The Department has notified the licensee that the monitoring review shows upon determining that the activities construction proposed are is in compliance accordance with the permitting requirements of the Conditions of Certification; or,

2. The Department has not made a determination whether the activities proposed are in compliance within 90 days of the licensee’s submission of complete information the Department shall provide to the Corps of Engineer a letter stating that the applicant has met the requirements for 33 USC 1341 certification and copy the applicant.

(7)(8) If the Department has does not notified the licensee object within 90 days as the time period specified in Section 403.5317(2), F.S., on the grounds of noncompliance with the permitting requirements of the conditions of certification, the licensee utility may begin construction in such waters of the state pursuant to the terms of the conditions of certification and the subsequently submitted construction details. In such a case, the

(9) The licensee applicant shall notify the Department’s Siting Coordination Office and the applicable Department District’s Submerged Lands and Environmental Resource Office, Section or as otherwise indicated in the conditions of certification, of the place and anticipated starting date, i.e., county and month, of the construction dredge and fill activities in wetlands and other surface waters of the state no later than 10 working days prior to initiating any such dredge and fill activity.

(10) In the instance where the Department has determined prior to the expiration of the full review period that it has no objections to the construction plans, it may so advise the applicant in writing. Any information submittal after Board certification required by this section shall be solely for the purpose of facilitating the Department's monitoring of the applicant's compliance with the conditions of certification.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.531(3)(2) FS. History–New 4‑15‑85, Formerly 17‑17.665, Amended________.

 

62‑17.680 Modification of Certification.

(1)(a) Except as otherwise provided in the conditions of certification, the licensee shall petition to modify certification for all changes in transmission line corridor alignment.

(b) Except as otherwise provided in the conditions of certification, expansions in right-of-way width following the narrowing of the certified area pursuant to Section. 403.522(10), F.S., will be considered modifications pursuant to Section 403.5315, F.S.

(c) Once all property interests required for the right-of-way have been acquired by the licensee, the area of the corridor certified narrows to only that land within the boundaries of the right-of-way, unless specified otherwise by the conditions of certification. Under the provisions of Section 403.522(10), F.S., this shall not be construed to require a modification or further agency review.

(1) Certification, including conditions of certification, may be modified pursuant to the provisions of Section 403.5315, F.S., and the appropriate one of the following procedures:

(2)(a) Delegated Modifications pursuant to Section 403.5315(1), F.S. and Rule 62‑17.680(3)(a), F.A.C.

(b) Modifications requested by a licensee shall be processed in accordance with Section without objections pursuant to Section 403.5315(2), F.S., and the following: F.A.C. Rule 62‑17.680(3)(b).

(c) Modification by petition pursuant to Section 403.5315(3), F.S. and paragraph 62‑17.680(3)(c), F.A.C.

(a) The process is initiated by the filing of a complete petition for modification.The petition shall contain a concise statement of the proposed modification; the factual reasons asserted for the modification; the changes in circumstance which justify the modification; a statement of whether, and if so, how the proposed modification if approved would affect the conditions of certification; a description of the portion of the transmission line as certified or previously modified which is the subject of the proposed modification; the anticipated effects of the proposed modification on the applicant, public, and the environment; and a copy of the appropriate alterations of the application as modified by the final order of certification, or subsequent modifications.

Modification of certification shall be initiated by filing a request or petition for modification, along with the applicable fee with the Department, with service of a copy of the request on all other parties to the original certification proceeding. All requests or petitions for modification shall contain:

(a) The proposed modification;

(b) A description of the portion of the transmission line as certified or previously modified which is the subject of the proposed modification;

(c) A concise statement of the facts, including changes in circumstance which justify the modification, as well as the rules and statutes which entitle the applicant to the modification;

(d) A discussion of the anticipated effects of the proposed modification, including any additional environmental effects;

(e) A statement of whether and how a proposed modification if granted would affect the conditions of certification, Findings of Fact or Conclusions of Law, and studies conducted pursuant to F.A.C. Rule 62‑17.580, F.A.C., upon which the certification or conditions of certification were based;

(f) A copy of the appropriate alterations of the application as modified by the final order of certification, or subsequent modifications;

(b) To be deemed properly filed, the licensee shall submit the number of paper and electronic copies determined below.

1. The licensee shall consult with the Department to determine the 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, 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. Parties have a duty to notify the Department of changes of address.

2. The licensee shall consult with the Department and parties to determine the number of electronic copies needed to support the modification review, and shall submit the number of electronic copies as determined.

(c) If the applicant is required by the Department to publish newspaper notice of the petition for modification pursuant to Section 403.5363(1)(b)6., F.S., such publication shall comply with Rule 62-17.750, F.A.C.

(d) The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the Department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the Department. Within 30 days of the filing of the petition with the Department, the Department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the Department under these same deadlines.

(e) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or from other persons whose substantial interests will be affected by the modification within 30 days after publication of the newspaper notice specified in paragraph (c) above, if such notice is required by the Department pursuant to Section 403.5363(1)(b)6., F.S., or within 30 days after publication of notice by the Department pursuant to Section 403.5363(3)(f), F.S., then the Department shall issue a Final Order on the modification consistent with the noticed proposed order. If written objections are filed that address only a portion of the proposed order on a modification, then the Department shall issue a Final Order on the portion of the modification to which no objections were timely filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are timely filed.

(f) If objections are filed, the provisions of Chapter 120. F.S., shall govern.

(g) The legal authority that entitles the person to seek the modification.

(3) The request for modification shall be processed by the Department in accordance with the following:

(a) If the proposed modification is one for which the Department has been delegated approval authority by the Board pursuant to Section 403.5315(1), F.S., the procedures set forth below shall apply.

1. Within 60 days of receipt of a request for modification, the Department shall provide notice of receipt of the request and the Department’s proposed action on the request as set forth in subsection 62‑17.750(8), F.A.C.

2. If no person whose substantial interests would be determined by the Department's decision on the request files a petition within fourteen calendar days from receipt or publication of notice, whichever is earlier, the Department shall issue an order adopting its proposed agency action as set forth in the notice published pursuant to subparagraph 1. above.

3. Petitions for an administrative proceeding on the request for modification, if any, shall be filed with the Department with a copy served on all parties to the original certification proceeding. The Department may request the Division of Administrative Hearings to conduct a proceeding on the petition. The Hearing Officer shall submit the recommended order to the Secretary of the Department who shall take final agency action.

4. The Department shall issue its final order within 20 days after receipt of any exceptions to the recommended order.

5. Failure to submit a complete or sufficient request for modification shall be grounds for the Department to deny a modification.

(b) If the proposed modification is one for which the Department can approve if no objections are received pursuant to Section 403.5315(2), F.S., the procedures set forth below shall apply.

1. Within 15 days of receipt of such a request for modification the Department shall provide notice of receipt of the request as set forth in Rule 62‑17.750(9), F.A.C.

2. If no party or other person whose substantial interests would be affected by the Department's decision on the request files an objection within the time period allotted in Section 403.5315(2), F.S., the modification shall be approved and the Department shall issue an order modifying the certification.

3.a. Objections to the request for modification, if any, shall be filed with the Department with a copy served on all other parties to the original certification proceeding.

b. Upon the filing of an objection, the Department shall conduct an informal conference after at least five days written notice to all parties and to all persons whose substantial interests would be determined who filed a timely objection, to determine if the objecting parties are able to reach mutual written agreement on modification of the terms and conditions of certification, or whether changes can be made to the proposed modification so as to have the objections withdrawn. However, if the changes significantly alter the proposed modification, the modification as changed shall be noticed in accordance with this paragraph 62‑17.680(3)(b), F.A.C., with persons whose substantial interests are affected given another right to object.

c. If no agreement can be reached, the Department shall deny the request for modification without prejudice to the applicant to file a petition pursuant to Section 403.5315(3), F.S. and paragraph 62‑17.680(3)(c), F.A.C.

d. If a mutual written agreement can be reached by all parties or if the objections are withdrawn, the Department shall issue an order modifying the terms and conditions of certification as set forth in the agreement.

4. Failure to submit a complete or sufficient request for modification may be grounds for any party to object to the modification.

(c) If the proposed modification is one for which approval authority has not been delegated to the Department, and if the Department is unable to approve the proposed modification pursuant to Section 403.5315(2), F.S. and paragraph 62‑17.680(3)(b), F.A.C., or at the applicant's option, the applicant may file a petition for modification pursuant to Section 403.5315(3), F.S., and the procedures below shall apply.

1. Within 5 days of receipt of a petition for modification, the Department shall forward the petition to the DOAH for assignment of a hearing officer and shall request the hearing officer to establish a schedule for the processing of the petition, including a schedule for appropriate notices.

2. Within 15 days of receipt of a petition for modification the Department shall arrange for notice as set forth in Rule 62‑17.750(10), F.A.C.

3. The provisions of Rules 62‑17.560 and 62‑17.570, Florida Administrative Code, relating to completeness and sufficiency shall apply to review of petitions for modification filed pursuant to this subsection, but with a shorter time period commensurate with the significance of the modification.

4. Petitions filed pursuant to this subsection shall be disposed of in the same manner as an application but with shortened time periods commensurate with the significance of the modification requested.

5. The Hearing Officer shall submit the Recommended Order to the Board for final agency action.

6. The Department shall request the Board to take final agency action within 30 days from issuance of the recommended order by the hearing officer or at the next available regularly scheduled Board meeting.

(4) Except to the extent that the Act or this Chapter sets forth a specific procedural requirement, the Model Rules of Procedures, Florida Administrative Code Chapter 28‑5, shall govern.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.5315 403.523(11), 403.535 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.680, Amended_________.

 

62‑17.695 Emergency Replacements.

Emergency replacement of transmission lines certified under the Act requiring deviation from any condition of certification shall not be considered a modification pursuant to Section 403.5315, F.S. A verbal report of the emergency shall be made to the department as soon as possible. Within 30 days after correction of the emergency a report to the department shall be made outlining the details of the emergency and the steps taken for its relief. The report shall be a written description of all of the work performed and shall set forth any pollution control measures or mitigative measures which were utilized or are being utilized to prevent pollution of waters, harm to sensitive areas or alteration of archaeological or historical resources.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.531(2), 403.5315 FS. History–New 6‑26‑84, Formerly 17‑17.695, Repealed_________.

 

62‑17.700 Revocation or Suspension of Certification.

(1) Any certification may be revoked or suspended by the Board in accordance with Section 403.532, F.S.

(2) Any agency with regulatory jurisdiction over a certified transmission line, as authorized by law, may at its discretion cause to be conducted any investigations, monitoring or studies related to certification, deemed appropriate in contemplation or in pursuance of suspension or revocation proceedings.

Rulemaking Specific Authority 403.523(1), F.S. Law Implemented 403.532 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.700, Repealed_________.

 

62‑17.710 Termination of Certification.

The applicant shall commence construction on or condemnation or acquisition of the right‑of‑way of a transmission line which has been certified within 5 years of the date of certification or such later date as may be authorized by the Board, or certification shall be terminated.

Rulemaking Specific Authority 403.523(1)(8) FS. Law Implemented 403.529 FS. History–New 11‑20‑80, Amended 6‑26‑84, Formerly 17‑17.710, Repealed_________.

 

62‑17.750 Public Noticing Requirements.

(1) The following forms used by the Department of Environmental Protection are adopted and incorporated by reference. The forms are listed by rule number which is also the form number, with the subject, title and effective date. Copies of forms may be obtained from the Department of Environmental Protection, Siting Coordination Office, MS. 48, 3900 Commonwealth Blvd., Tallahassee, FL 32399 or by accessing the Office’s web site at http://www.dep.state.fl.us/siting.

(a) The applicant shall provided newspaper notice as required by Section 403.5363, F.S., using the forms and procedures listed below.

1. Notice of Filing an Application – DEP Form 62-17.750(1). This notice shall:

a. Be published within 15 days after filing with the department;

b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor;

c. Be no less than one half page in size (one full page in a tabloid size newspaper);

d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.

2. Notice of Certification Hearing – DEP Form 62-17.750(2). This notice shall;

a. Be published not less than 65 days prior to scheduled certification hearing;

b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor not less than 65 days prior to any scheduled certification hearing;

c. Be no less than one half page in size (one full page in a tabloid size newspaper);

d. Have a heading in bold letters not less than 3/8 inch high.

e. Include a map of the proposed corridor(s) location.

3. Notice of Cancellation of Certification Hearing – DEP Form 62-17.750(3) This notice shall;

a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor at least 3 days prior to any scheduled certification hearing;

b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper;

c. Have a heading in bold letters not less than 3/8 inch high.

4. Notice of Deferment of Certification Hearing – DEP Form 62-17.750(TL4) This notice shall;

a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor;

b. Be published at least 7 days before the date of the originally scheduled certification hearing;

c. At a minimum, be one-eighth page in size in a standard size newspaper or one-fourth page in a tabloid size newspaper;

d. Not require a map to be included;

e. In the event that the certification hearing is deferred and dates of rescheduling are available, this notice may be combined with the notice of Rescheduled Certification Hearing – DEP From 62-17.750(5).

5. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5). This notice is required to be provided by the applicant in those counties which are traversed by the corridor proposed in the application, but not by an accepted alternate corridor for which a hearing is being rescheduled.The notice shall;

a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties;

b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper;

c. Have a heading in bold letters not less than 3/8 inch high;

d. Have a copy of a map or maps showing the location of all corridors proper for certification.

6. Notice of Modification of Certified Transmission Line Corridor – DEP Form 62-17.750(6). This notice shall;

a. Be published in a newspaper of general circulation in each county affected by any proposed modification;

b. Be one-half page in size in a standard size newspaper or one full page in a tabloid size newspaper;

c. Have a heading in bold letters not less than 3/8 inch high;

d. Have a copy of a map showing modification location.

(b) The proponent of an alternate corridor shall provide newspaper notice as required by Section 403.5363, F.S., using the form and procedures listed below.

1. Notice of Filing an Alternate Corridor – DEP Form 62-17.750(8). This notice shall:

a. Be published within 15 days after filing with the department;

b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor;

c. Be no less than one half page in size (one full page in a tabloid size newspaper);

d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.

2. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5). This notice is required to be provided by the proponent of an alternate corridor in those counties traversed by the proponent’s accepted alternate corridor, pursuant to subsection 403.5363(2), F.S. The notice shall;

a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties;

b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper;

c. Have a heading in bold letters not less than 3/8 inch high

d. Have a copy of a map or maps showing the location of all corridors proper for certification.

(c) A local government or regional planning council whose jurisdiction is to be crossed by a proposed transmission line corridor who requests an Informational Public Meeting shall provide newspaper notice as required by Section 403.5363, F.S., using the form and procedures listed below.

1. Notice of Informational Public Meeting – DEP Form 62-17.750(7). This notice shall be published by a local government or regional planning council in a newspaper of general circulation within whose jurisdiction is to be crossed by a proposed transmission line corridor and be published at least 15 days before the date of the meeting.

(2) The Applicant or alternate proponent shall provide direct notice to property owners located within one-quarter mile of the proposed boundaries of the proposed transmission line corridor(s) in accordance with subsection 403.5363(5)(a) or (6)(a), F.S. A copy of the direct notice provided by the applicant or the proponent of an alternate corridor and a list of all persons to whom the notice was delivered shall be provided to the Department’s Siting Coordination Office in electronic format by the applicant or the proponent of an alternate corridor, as applicable.

(1)(a) The department shall prepare the text for the public notices required under this chapter and send the notices to the appropriate newspapers when required. The department shall notify the newspaper that the invoice for publication is to be sent to the department. If the application for certification proposes one or more secondary corridors, the notices provided by this chapter shall be amended by the department to reflect that such secondary corridors are proper for certification.

(b) Many of the notice requirements of this section are beyond the notice content requirements of the Act and are solely provided as a voluntary public service by the department. The content of any notice may be different than that provided in this section so long as the deviation does not materially and substantially alter the substance of such notice. A person challenging any such notice content deviation must show that but for the particular notice content deviation such person would have had notice of the certification proceedings. Upon such showing, the hearing officer may correct such deficiency as provided in Rule 62‑17.760, F.A.C.

(2) Notice of Binding Agreement.

Within 15 days of receipt of a proposed written agreement, as provided for in subsection 62‑17.540(1), F.A.C., on the scope, quantity, and specificity of the information to be provided in the application, notice shall be provided:

(a) To the agencies in whose jurisdiction the corridor may pass, informing the agencies that any disagreements must be in writing and served on the department by the agency within 25 days of receipt of the notice.

(b) In the Florida Administrative Weekly, containing the following information:

1. The name, size, and a brief description of the transmission line.

2. A list of places where the proposed agreements are available for inspection.

3. Text which substantially states “The department and other affected agencies are authorized by subsection 62‑17.540(1), F.A.C., to enter into binding written agreements with regarding the scope, quantity, and level of information to be provided in the application for certification which will subsequently be filed. The public may provide comments regarding the substance of such an agreement to its local government or the Transmission Line Siting Coordinator, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32301, within 25 days of the publication of this notice”.

4. A statement informing persons whose substantial interests may be affected by the agreement of their rights under Chapters 120 and 403, F.S., regarding any decision on the agreement.

(c) At the discretion of the department, in newspapers of general circulation, as defined in (3)(a) below, consisting of the same information described in (b) above.

(3) Notice of Receipt of Application.

No later than 15 days after the receipt of an application, the department shall arrange for publication of a public notice consisting of the following:

(a) Publication in a newspaper of general circulation within each county crossed by a transmission line corridor. A newspaper of general circulation is the newspaper which has the largest daily circulation within that county and whose principal office is in that county; if such newspaper has its principal office outside the county, then the notice shall appear in both that newspaper and in a newspaper authorized to publish legal notices within the county. The public notice shall bear be no less than one‑half page in size (one‑full page in a tabloid size newspaper), bearing the heading “Notice of Receipt of Transmission Line Certification Application” in bold letters not less than 3/8 inch high.The notice shall contain the following:

1. A map of the corridors proper for certification. The map shall be supplied by the applicant and shall be a camera‑ready copy. The applicant shall consult with the department as to how many copies will be necessary. The map shall clearly show the corridors proper for certification. Selected Townships and Ranges, and where possible, Sections, shall be shown on the map. All patterns or other graphics used to indicate special features shall be bold enough to register legibly on newsprint. The map shall occupy at least one quarter of the display advertisement.

2. Text which substantially states the following:

a. “Application number for certification to authorize location of a transmission line corridor, construction, operation and maintenance of akilovolt electrical transmission line(s) commonly referred to as – and maintenance of the transmission line right‑of‑way from _____, Florida to _____, Florida was received by the Department of Environmental Protection on___, 19. The case is pending before the Division of Administrative Hearings, Case No. ____, prior to action by the Governor and Cabinet, pursuant to the Florida Transmission Line Siting Act, Chapter 403, Part II, F.S. The corridor will pass through the following local government jurisdictions.

b. “A certification hearing will be held regarding this application in approximately 4 months and a notice stating the date, time and location of the hearing will be published in this newspaper at least 80 days before the date set for the hearing. The Hearing Officer will receive testimony and evidence from the parties and the public at the certification hearing. If timely requested by a local government pursuant to Section 403.527(2), F.S., a public hearing where members of the public not parties to the certification proceedings may testify under oath as to relevant facts and subject to cross examination by all parties shall be held in each county through which the corridor passes; however, the public should be aware that the majority of the testimony and evidence in the case will be heard at the centrally located certification hearing.

c. “State agencies and local governments will be studying the application and preparing testimony and evidence for the certification hearing. It is recommended that interested individuals review the application and bring matters of concern to the appropriate agency’s attention as soon as possible (see below for listing of participating agencies). The application for certification which more specifically depicts the corridor is available for public inspection at the following locations:” (Here list the addresses of the main and appropriate district offices of the department serving the area of the corridor; the general business office of the applicant and the local business office of the applicant, if any, in every county through which the proposed corridor passes; and a public library in each county through which the corridor passes.)

3.d. “Consideration may be given in this proceeding to corridors alternate to the route preferred by (the applicant). The applicant may propose corridors secondary to the primary corridor in order to preserve its options, and persons other than the applicant may also propose alternate routes for portions or all of the corridor. To propose an alternate corridor, persons must request to become a party to the proceedings (see below), and then must file a notice of proposed alternate corridor with the hearing officer pursuant to Section 403.527(5), F.S., all parties, and any local governments in the jurisdiction of which the alternate is proposed, by no later than 45 50 days prior to the certification hearing. The filing must include the most recent United States Geological Survey 1:24000 quadrangle maps specifically delineating the corridor boundaries, a description of the proposed alternate corridor, and a statement of the reasons the proposed alternate should be certified. Each party proposing an alternate corridor shall have the burden to provide the data necessary for the agencies listed in Section 403.526, F.S., to prepare a supplementary report, and the burden of proof on the certifiability of the alternate corridor at the certification hearing. See Section 403.527(5), F.S., and Rule 62‑17.543, F.A.C., for further information and requirements.”

e. “Anyone wishing to become a party to the proceedings should file an appropriate petition pursuant to Rule 28‑5.207, F.A.C., with, Hearing Officer, Division of Administrative Hearings, Tallahassee, Florida. Copies of the petition should be sent by mail to all parties. Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can be determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S. or Rule 62‑103.020, F.A.C.

f. The text shall also include Section 403.527(4), F.S., in its entirety.

(b) The department shall mail the same text and map used in the public notice to any person who has requested to be placed on the department’s mailing list for notification of transmission line certification hearings.

(c) Publication of an appropriate notice of the application in the Florida Administrative Weekly.

(4) Notice of Certification Hearing.

At least 80 days prior to the certification hearing, public notice shall be provided and shall consist of the following:

(a) Publication in the same newspapers identified pursuant to subsection (3) above. The notice shall also be of the same size, and have the same heading height, as set forth in subsection (3) above. Such public notice shall bear the heading, “Notice of Certification Hearing on Proposed Electrical Transmission Line Corridor”. The public notice shall contain the following information:

1. Same as (3)(a)1. above.

2. Text which substantially states the following.

a. Same as (3)(a)2.a.

b. “Pursuant to Section 403.527, F.S., the certification hearing will be held by the Division of Administrative Hearings on ___, 19__, at ____, in ____, Florida, at ___.m. to determine whether the application should be approved in whole, approved with modifications and conditions, or denied. In making this determination, the hearing officer, and ultimately the Governor and Cabinet, shall consider whether, and the extent to which, the location of the transmission line corridor, and the construction and maintenance of the transmission line will:

“(a) Ensure electric power system reliability and integrity;

“(b) Meet the electric energy needs of the state in an orderly and timely fashion;

“(c) Comply with nonprocedural requirements of agencies;

“(d) Be consistent with applicable local government comprehensive plans; and

“(e) Effect a reasonable balance between the need for the transmission line as a means of providing abundant low‑cost electrical energy and the impact to the public and the environment resulting from the location of the transmission line corridor, and construction, maintenance, and electric and magnetic field effects of the transmission line.

“Consideration of individual private property rights, equitable compensation for condemnation proceedings which may be necessary to obtain access and use of the right‑of‑way, and the electrical need for the transmission line will not be heard at this hearing. Need for the transmission line is considered by the Public Service Commission at a separate hearing.”

c. Where individual local government hearings have been requested, the public notice for the particular county shall state: “As requested by” (local governments’ names) “a local public hearing where members of the public not a party to the certification hearing may testify under oath as to relevant facts and subject to cross‑examination by all parties shall be held on ___, 19__, at ____, in _____, Florida”.

d. Same as (3)(a)2.c.

e. Same as (3)(a)2.d., except that the date by which an alternate corridor must be filed shall be specifically listed.

f. Same as (3)(a)2.e.-f.

g. A statement that “This notice is in lieu of other notices, including those relating to variances, changes to zoning ordinances and local governments’ plans, or any other non‑federal government license or permit”.

h. A statement that “A term or condition of the certification, if granted, may provide for the subsequent submittal of information necessary for agencies to monitor the effects arising from the location of the transmission line corridor and the construction, and maintenance of the transmission line to assure continued compliance with state water quality requirements or compliance with other agency non‑procedural rules and standards, particularly with regards to dredging and filling activities, without any further government action. A person whose substantial interest may be affected by such submittals or monitoring must petition to become a party to this proceeding if they desire an administrative determination relative to the post-certification monitoring process in that this certification proceeding provides such a person with the opportunity for a hearing as required by Chapter 120, F.S., and the Act. Failure to petition to become a party within the time frames set forth in this notice constitutes a waiver to an administrative determination (or hearing) pursuant to Chapter 120, F.S., and the Act on the postcertification review and monitoring unless otherwise specified by a term or condition of certification”.

(b) Publication of an appropriate notice of the hearing in the Florida Administrative Weekly.

(5) Reminder Notice.

No more than two weeks prior to the centrally located certification hearing, the department shall publish a brief notice in the Legal Advertisements section of the same newspapers in which the notice of certification hearing was published, reminding the public of the time and place of the hearing.

(6) Notice on Rescheduled Certification Hearing Due to Filing of Alternate Corridors.

At least 80 days prior to the rescheduled certification hearing, public notice shall be provided and shall consist of the following:

(a) Publication in the same newspapers used in (3) above. The notice shall also be of the same size or larger if necessary to accommodate maps, have the same heading height, and shall be subject to the same specifications for the map. The notice shall bear the heading, “Notice of Rescheduled Transmission Line Certification Hearing”. The public notice shall contain the following:

1. A copy of a map or maps showing the location of all corridors proper for certification. Alternates located in only certain counties need only be published in the newspapers for those counties.

2. Text which substantially states the following:

a. “Pursuant to the provisions of Section 403.527(5), F.S., corridors alternate to the one sought by (applicant's name) in the to (project name) Transmission Line Certification proceedings, application number____, Division of Administrative Hearings Case No. ____have been submitted. In order to allow citizens and agencies to study the proposal, the certification hearing originally scheduled for___, 19__ and noticed in this paper on ___, 19___ has been rescheduled to___, 19___, at ____, Florida, commencing at __.m.”

b. Where individual local government hearings had been requested, the public notice for the particular county shall state: “The local public hearing where members of the public not a party to the proceeding could testify has also been rescheduled to 19__, at ____, Florida, commencing at __.m.; citizens should be aware that the majority of the testimony and evidence of the case will be heard at the centrally located certification hearing identified above”.

c. “State agencies and local governments have been studying the application as was originally proposed and shall do the same for the alternate corridor locations proposed. It is recommended that interested individuals review the information available on the alternate proposal and bring matters of concern to the appropriate agency’s or the alternate proponent’s attention as soon as possible (see below for listing of participating agencies). The information on alternates is available at the following locations:”

(Here list the addresses of the main and appropriate district offices of the department, the applicable local governments, the applicant, the alternate proponent, and any other appropriate locations.)

d. “Persons substantially affected by any corridor proper for certification may become a party to the proceedings as described below. Persons becoming parties are entitled to propose corridors alternate to the alternate previously proposed. To propose an alternate, persons must request to become a party to the proceedings (see below), and then must file a notice of proposed alternate corridor with the hearing officer, all parties, and any local governments in the jurisdiction of which the alternate is proposed, by (here list a date at least 50 days prior to the certification hearing). The filing must include the most recent United States Geological Service 1:24000 quadrangle maps specifically delineating the corridor boundaries, a description of the proposed alternate corridor, and a statement of the reasons the proposed alternate should be certified. Each party proposing an alternate corridor shall have the burden to provide the data necessary for the agencies listed in Section 403.526, F.S., to prepare a supplementary report, and the burden of proof on the certifiability of the alternate corridor at the certification hearing. See Section 403.527(5), F.S., and Rule 62‑17.543, F.A.C., for further information and requirements.”

e. Same as in (3)(a)2.e.-f.

(b) Same as (3)(b).

(c) Publication of an appropriate notice of rescheduled certification hearing in the Florida Administrative Weekly.

(7) Notice on Completeness or Sufficiency Hearings.

Written notice of a hearing on the completeness or sufficiency of an application shall be given to all parties.

(8) Notice of a Modification Request pursuant to Section 403.5315(1), F.S. The notice of receipt of, and of proposed agency action, (one notice for both) on a request for modification filed pursuant to Rule 62‑17.680(3)(a), F.A.C., shall be in substantial conformance with the following:

(a) Florida Administrative Weekly Notice.

“Notice of Proposed Modification of Transmission Line Corridor Certification”

“Please take notice that the Department of Environmental Protection has received a request for modification of a Transmission Line Corridor Certification issued under the Florida Transmission Line Siting Act pursuant to Section 403.5315(1), F.S., and Florida Administrative Code Rule 62‑17.680(3)(a), concerning: (name and file number of certification). The proposed modification involves (description and location of modification).

“The department proposes to (issue/issue with changes or conditions/deny) the request.

“A copy of the request and proposed agency action is available for inspection at (name and address).

“RIGHT TO PETITION”

“Any person whose substantial interest may be determined by the proposed agency action may petition pursuant to Chapter 120, F.S., for an administrative proceeding (hearing) within 14 days from receipt of this notice. The petition must conform to the requirements of Model Rule Section 28‑5.201, F.A.C. and Rule 62‑17.680, F.A.C., and must be filed during business hours with (received by) the Office of General Counsel, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32301. Failure to file a petition within the aforementioned time period constitutes a waiver of Chapter 120, F.S., right to such administrative proceeding.”

(b) A similar notice shall be sent to all parties and to all persons on the department mailing list.

(c) The department in its discretion may also require the person requesting the modification to publish notice in a newspaper of general circulation (as defined in (3)(a) above) in the affected area.

(9) Notice of Modification Request pursuant to Section 403.5315(2), F.S.

Within 15 days of receipt of a request for modification pursuant to Section 403.5315(2), F.S., the department shall provide notice of receipt of such modification request by:

(a) Publication in a newspaper of general circulation, as defined in (3)(a), in each county affected by the modification The text of the notice shall contain substantially the following information:

1. The name of the utility and a brief description of the requested modification;

2. If corridor alignment changes are proposed, a map of the same quality required by (3)(a)1. showing the location of the modification;

3. A list of readily accessible places where copies of the modification information are available;

4. A statement that: “Request numberto authorize a modification to the previously certified electrical transmission linetohas been received by the Department of Environmental Protection, pursuant to the Transmission Line Siting Act, Ch. 403, Part II. The modification will pass through or affect the following local governmental jurisdictions. Persons who are not already parties to the certification proceeding and whose substantial interests are affected by the proposed modification and who object to it must file their objections in writing with the Department of Environmental Protection, Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32301, during normal business hours within 30 days of publication of this notice. A copy of such objection must be served on all parties. Persons who fail to have the objection filed with (received by) the department within the prescribed time period will have waived their right to object.

(b) Publication of notice in the Florida Administrative Weekly; and

(c) Mailing notice to the last address of record for each party to the original certification proceedings. Such notice shall contain statements that advise that parties have the right, pursuant to Section 403.5315(2), F.S., to object to the proposed modification by filing an objection with the department during normal business hours within 45 days of the mailing of the notice, and that a party who fails to have the objection filed with (received by) the department within the prescribed time period will have waived their right to object.

(10) Notice of Receipt of a Modification Petition Filed Pursuant to Section 403.5315(3), F.S. The department shall provide notice of a modification petition filed pursuant to Section 403.5315(3), F.S., by:

(a) Publication in a newspaper of general circulation as defined in (3)(a), in each county affected by the modification. The public notice shall be no less than 1/2 page in size (one full page in tabloid size newspaper), bearing the heading, “to Transmission Line; Notice of Receipt of Modification Petition” in bold letters. The text of the public notice shall contain substantially the following information:

1. The same as in (9)(a)1.-2.

2. A statement that: “A petition to authorize a modification to the previously certified electrical transmission line from Florida to, Florida, is now pending before the Division of Administrative Hearings, Case Number ___, prior to action by the Governor and Cabinet, pursuant to the Transmission Line Siting Act, Chapter 403, Part II, F.S. The modification will pass through the following local governmental jurisdictions.” (Here list the Cities and Counties as appropriate).

3. A statement that: “Pursuant to Sections 403.527 and 403.5315(4), F.S., a hearing regarding any disputed issues over the modification of the previously issued certification will be held on at a later date, to be announced in this paper. The Hearing Officer has (or will) established a schedule for processing the Petition which may be shorter than the schedule allowed for the original application. A copy of the schedule is available from. The Hearing Officer will receive testimony and evidence from the parties and the public at the modification hearing. If requested by a local government pursuant to Section 403.527(2), F.S., within the time period set by the hearing officer, a public hearing where members of the public not parties to the modification proceedings may testify under oath as to relevant facts and subject to cross examination by all parties shall be held in each county through which the modification would occur; however, the public should be aware that the majority of the testimony and evidence in the case will be heard at the centrally located modification hearing.

4. “State agencies and local governments will be studying the proposed modification and preparing testimony and evidence for the modification hearing. It is recommended that interested individuals review the proposal and bring matters of concern to the appropriate agency’s attention as soon as possible (see below for listing of participating agencies). The petition for modification which more specifically describes the matters of issue is available for public inspection at the following locations:” (Here list the addresses of the main and appropriate district offices of the department serving the area of the proposed modification; the general business office of the applicant and the local business office of the applicant, if any, in every county through which the proposed modification would occur; and a public library in each county through which the proposed modification would occur.).

5. Where a corridor location change has been proposed, the following: “Consideration may be given in this proceeding to corridors alternate to the route for which the modification is proposed. Persons who become parties to the modification proceeding (see below) may also propose alternate routes for the portion of the corridor at issue. A notice of proposed alternate corridor must be filed with the hearing officer pursuant to Section 403.527(5), F.S., all parties, and any local governments in the jurisdiction of which the alternate is proposed, by no later than (50 days/a time period established by the hearing officer) prior to the modification hearing. The filing must include the most recent United States Geological Survey 1:24000 quadrangle maps specifically delineating the corridor boundaries, a description of the proposed alternate corridor, and a statement of the reasons the proposed alternate should be certified. Each party proposing an alternate corridor shall have the burden to provide the data necessary for the agencies listed in Section 403.526, F.S., to prepare a supplementary report, and the burden of proof on the certifiability of the alternate corridor at the modification hearing. See Section 403.527(5), F.S., and Florida Administrative Code Rule 62‑17.543 for further information and requirements.”

6. “Anyone whose substantial interests are affected by the proposed modification and who wishes to become a party to the proceedings should file an appropriate petition pursuant to Florida Admin. Code Rule 28‑5.207 with, Hearing Officer, Division of Administrative Hearings, Tallahassee, Florida. Copies of the petition should be sent by mail to all parties.”

7. The text shall also include Section 403.527(4), Florida Statutes, in its entirety.

(b) By publication of appropriate notice in the Florida Administrative Weekly.

(c) The department shall mail the same text and map used in the public notice to any person who has requested to be placed on the department’s mailing list for notification of transmission line certification hearings.

(11) Notice of Hearing on Modification Petition Filed Pursuant to Section 403.5315(3), F.S. At least 80 days prior to the modification hearing, or as otherwise ordered by the Hearing Officer, public notice shall be provided and shall consist of the following:

(a) Publication in the same newspapers identified pursuant to subsection (10) above. The notice shall also be of the same size, and have the same heading height, as set forth in subsection (10) above. Such public notice shall bear the heading, to Transmission Line; Notice of Certification Modification Hearing”. The public notice shall contain the following information:

1. Same as (9)(a)2. above.

2. Text which substantially states the following.

a. The name of the utility and a brief description of the requested modification.

b. “Pursuant to Sections 403.527 and 403.5315(4), F.S., the modification hearing will be held by the Division of Administrative Hearings on____, 19___, at ___, in___, Florida, at m. to determine whether the proposal for modification should be approved in whole, approved with other modifications and conditions, or denied. In making this determination, the hearing officer, and ultimately the Governor and Cabinet, shall consider whether, and the extent to which, the location of the transmission line corridor, and the construction and maintenance of the transmission line will:

“(a) Ensure electric power system reliability and integrity;

“(b) Meet the electric energy needs of the state in an orderly and timely fashion;

“(c) Comply with nonprocedural requirements of agencies;

“(d) Be consistent with applicable local government comprehensive plans; and

“(e) Effect a reasonable balance between the need for the transmission line as a means of providing abundant low‑cost electrical energy and the impact to the public and the environment resulting from the location of the transmission line corridor, and construction, maintenance, and electric and magnetic field effects of the transmission line.

“Consideration of individual private property rights, equitable compensation for condemnation proceedings which may be necessary to obtain access and use of the right‑of‑way, and the electrical need for the transmission line will not be heard at this hearing. Need for the transmission line is considered by the Public Service Commission at a separate hearing.”

c. Where individual local government hearings have been requested, the public notice for the particular county shall state: “As requested by” (local governments’ names) “a local public hearing where members of the public not a party to the modification hearing may testify under oath as to relevant facts and subject to cross‑examination by all parties shall be held on _____, 19____, at ___, in ____, Florida.

d. Same as (10)(a)4.

e. Same as (10)(a)5., except that the date by which an alternate corridor must be filed shall be specifically listed.

f. Same as (10)(a)6.-7.

g. Same as (4)(a)2.g.-h.

(b) Publication of an appropriate notice of the hearing in the Florida Administrative Weekly.

(c) Same as (10)(c).

(12) Reminder Notice for Modification Hearing Conducted on Petition Filed Pursuant to Section 403.5315(3), F.S. No more than two weeks prior to the modification hearing, the department shall publish a brief notice in the Legal Advertisements section of the newspapers in which the notice of modification hearing was published, reminding the public of the time and the place of the hearing.

(3) Evidence of Notice Pursuant to Chapter 403, F.S.

(a) The applicant or alternate proponent, whichever is responsible for the publication of a newspaper notice, shall provide to the Siting Coordination Office:

1. A newspaper clipping of the actual notice, or a portable document format file of a copy of the actual notice, either of which includes the date of publication and the name of the newspaper in addition to a depiction of the full notice, within five (5) days of actual publication.

2. Proof of publication of each newspaper notice, within seven (7) days of the applicant’s or alternate proponent’s receipt of the proof of publication.

(b) Evidence of any notices shall be filed with the Administrative Law Judge.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.527(6)(c), 403.5271(1), 403.5271(1)(c), 403.5315(2), 403.5363 403.523(9), 403.527(1), (5), 403.535 FS. History–New 11‑20‑80, Transferred from 17‑17.61, Amended 6‑26‑84, Formerly 17‑17.750, Amended_______.

 

62‑17.760 Evidence of Notice, Additional Notice.

(1) Evidence of any notice made pursuant to this chapter, together with a copy of the notice, shall be filed with the hearing officer by the Department at the commencement of the hearings held pursuant to the subject of the notice.

(2) Failure of service on, or to give notice to the public by publication or otherwise or any of the persons entitled to receive such service or notice pursuant to provisions of this chapter, may be cured by an order of the hearing officer designed to afford the public or such persons adequate notice to enable their effective participation in the proceedings.

(3) The hearing officer may, at any time for good cause shown, require the Department to serve or publish additional notices of hearing and file evidence thereof.

Rulemaking Specific Authority 403.523(1) FS. Law Implemented 403.523(6), (9), 403.527(1), (5), 403.5315 FS. History–New 11‑20‑80, Transferred from 17‑17.62 and Amended 6‑26‑84, Formerly 17‑17.760, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael P. Halpin, PE, Florida Department of Environmental Protection, Siting Coordination Office, 3900 Commonwealth Boulevard, MS 48, Tallahassee, Florida 32399

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Mike Sole

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 1, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 25, 2009