62-807.610. Modifications

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

(2) 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 403.94055(2), F.S., will be considered modifications pursuant to Section 403.9418, F.S.

(3) 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 403.94055(2), F.S., this shall not be construed to require a modification or further agency review.

(4) Modifications requested by a licensee shall be processed in accordance with Section 403.9418, F.S.

(a) To be deemed properly filed, the licensee shall consult with the Department to determine who should be in receipt of modification information, and shall provide those agencies with modification information.

(b) 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.

(c) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or within 30 days after publication of notice by the Department pursuant to Section 403.9411(1)(e), 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.

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

Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9418 FS. History–New 8-12-93, Formerly 17-807.610, Amended 3-3-15.