Subject
Administrative Law Judge Bram Canter will conduct a hearing, as required by section 403.516(1)(c), F.S., to consider a petition for modification of the Power Plant Conditions of Certification issued pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403.501-.518, Florida Statutes, for the Florida Power and Light Company Turkey Point Plant Units 3-5, Power Plant Siting Application No. PA 03-45E, OGC Case No.14-0512, DOAH Case No. 15-1559EPP. Judge Canter will prepare a Recommended Order for submission to and final action by the Governor and Cabinet acting as the Siting Board. Pursuant to Section 403.508(3), F.S., parties to the proceeding shall include the applicant, the Public Service Commission, the Department of Economic Opportunity, the Fish and Wildlife Conservation Commission, the South Florida Water Management District, the Department of Environmental Protection, the South Florida Regional Planning Council, Miami-Dade County, and the Department of Transportation. Any party listed in Section 403.508(3)(a), F.S., other than the Department of Environmental Protection or the applicant may waive its right to participate in these proceedings if such party fails to file a notice of its intent to be a party on or before June 5, 2015. In addition, notwithstanding the provisions of Chapter 120, F.S., upon the filing with the administrative law judge of a notice of intent to be a party no later than June 5, 2015, the following shall also be parties to the proceeding: any agency not listed in Section 403.508(3)(a), F.S., as to matters within its jurisdiction; any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation or natural beauty, to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; or to promote comprehensive planning or orderly development of the area in which the proposed electrical power plant is to be located. Other parties may include any person, including those persons listed herein who have failed to timely file a notice of intent to be a party, whose substantial interests are affected and being determined by the proceeding and who timely file a motion to intervene pursuant to Chapter 120, F.S., and applicable rules. Intervention pursuant to this paragraph may be granted at the discretion of the designated administrative law judge and upon such conditions as he or she may prescribe any time prior to 30 days before the commencement of the modification hearing. Motions to intervene must be filed (received) with Administrative Law Judge Bram Canter, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, by June 12, 2015. Any agency, including those whose properties or works are being affected pursuant to s. 403.509(4), F.S., shall be made a party upon the request of the department or the applicant. The modification hearing may be cancelled in accordance with Section 403.508(6)(a), F.S.; no earlier than 29 days prior to the conduct of the modification hearing, the department or the applicant may request that the administrative law judge cancel the modification hearing and relinquish jurisdiction to the department if all parties to the proceeding stipulate that there are no disputed issues of fact or law to be raised at the modification hearing, and if sufficient time remains for the applicant and the department to publish public notices of the cancellation of the hearing at least 3 days prior to the scheduled date of the hearing.