HomeMy WebLinkAboutMemo - Office of the City Attorney-FPL Siting along US 1CITY OF MIAMJ
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
Carlos Migoya, City Manager
FROM: Julie O. Bru, City Attorneyk
DATE: July 1, 2010
RE: FPL Siting along US 1 - DEP Case No. 09-003575EPP
Matter ID No.: 09-1920
'As you know, in June 2009, Florida Power and Light (FPL) filed a site certification
application to the Siting Office of the Florida Depaituient of Environmental Protection
(DEP), to install 80 to 105 foot high poles for new transmission lines along US-1, from the
Turkey Point nuclear station to the substation across the street from the City Miami
Riverside Center on SW 2nd Avenue. DEP administers the processing of the application,
which is ultimately submitted to the Siting Board (comprised of the Governor and Cabinet)
for approval or rejection.
The Florida Electrical Power Plant Siting Act (PPSA), previously provided to you,
governs the process for licensing of electrical power plants with 75 megawatts or more of
capacity. The license obtained under the PPSA constitutes the sole license of the state,
region and local governments as to the approval of the location, construction and operation
of the power plants and any associated facilities. Due to FPL's intent to install a
transmission line along US-1, the application process involving such lines is determined by
the Florida Electric Transmission Line Siting Act (TLSA), a subsection of the PPSA
mentioned above.
According to the PPSA, DEP requests that the Division of Administrative Hearings
(DOAH) designate an administrative law judge (ALJ) to conduct the hearings involved in
the certification process. Once the certification hearings conclude and the ALJ has all the
information needed to make an informed decision regarding certification, the ALJ submits
a recommended order to the Siting Board. The Board reviews the recommendation and
issues a final order either approving or rejecting FPL's request for installation of the
transmission lines. This final order is subject to judicial review if an affected party
appeals.
THE CERTIFICATION PROCESS
FPL submitted a site certification application to the DEP on June 30, 2009. An ALJ
was assigned to conduct hearings and a timeline was set. The timeline was amended six (6)
times thus far and is attached hereto as Exhibit A.
On July 30, 2009, the City filed an initial statement with DEP as to its determination
regarding the completeness of FPL's application. The City has filed five (5) more
completeness filings since then, objecting to the completeness of the FPL application.
Honorable Mayor and Membe
Carlos Migoya, City Manager
July 1, 2010
Page 2 of 4
of the City Commission
"Completeness" means the application contains all required sections and provides adequate
infounation on the proposed transmission lines, from which affected agencies may prepare
a report with conditions for the placement of the lines at a later time. At this time, the City
is still objecting to the completeness of the application.
The City Attorney's Office became involved with this matter on June 23, 2009. At
that time, Assistant City Attorney Victoria Mendez was assigned to the matter, and
working with Mr. Pieter Bockweg, initiated timely objections needed to protect the City's
interests in the site certification process.
The City has been involved in the completeness phase since last June 2009. At each
completeness round, DEP is required to file a statement with DOAH declaring the
application complete or incomplete after receiving such statements from the City and other
affected agencies. If the application is deemed incomplete, FPL can: (1) withdraw the
application; (2) submit additional information necessary to complete the application; (3)
submit a statement contesting DEP's determination of incompleteness (the ALJ would then
hold a completeness hearing); or (4) submit a statement agreeing with DEP's determination
and requesting additional time to complete the application.
When all the affected agencies (including the City) finally submit a
recommendation of completeness, a preliminary statement of conditions by the City, shall
be filed concurrently with the recommendation. The preliminary statement of conditions
shall express good -faith concerns the City has regarding any conflicts between the City's
own code and the proposed actions by FPL. The preliminary statement is not binding.
Affected agencies may raise issues in a subsequent agency report even if not included in
the statement. At this point, the City has not agreed that the application by FPL is
complete. Completeness hearings may be requested by FPL in the near future, at
which time the City may need to hire experts to testify. Thus, if the City wishes to
hire experts to bring up any environmental, aesthetic, health, or technological
concerns, to testify at the hearings, such arrangements or procurementsmust be
made at this time in order to fully participate in the completeness hearings.
Additionally, if the City Commission does decide to hire experts, funds must be set
aside.
The next step in the process requires the City to submit a final agency report
discussing the impact of each proposed transmission line or corridor within its jurisdiction
by September 27, 2010. Issues raised shall include consistency of the proposed
transmission line or corridor with all applicable local ordinances, regulations, standards,
local comprehensive plans, zoning regulations, land development regulations, and any
applicable local environmental regulations. Key persons in the Administration (i.e. within
the Planning, Zoning, Building, Public Works, and Transportation Departments) have been
assigned to promulgate the report. The City's report must also include the following: (1)
a notice of any nonprocedural requirements not specifically listed in the application from
which variance, exemption, exception, or other relief is necessary in order for the
proposed corridor to be certified; (2) a recommendation for approval or denial of the
application; and (3) any proposed conditions of certification on matters within the City's
229878
Honorable Mayor and Members of the City Commission
Carlos Migdya, City Manager
July 1, 2010
Page 3 of 4
jurisdiction. A final version of the report (after review and approval by the City
Commission) shall be submitted to DEP no later than September 27, 2010. DEP shall then
prepare a project analysis containing a compilation of all agency reports received.
Site Certification hearings will be conducted by the ALJ no later than June 07,
2011. (Schedule provided in Exhibit A.) At these hearings, the ALJ will take testimony
from affected agencies (i.e. the City, other municipalities, Miami -Dade County, and other
agencies), members of the public, experts hired by the affected agencies and FPL, etc. All
witnesses will be subject to cross examination and the hearings will be held in Miami -
Dade County. At the conclusion of the certification hearings, the ALJ shall issue a
Recommended Order to DEP for presentation to the Siting Board, recommending approval
or denial of the FPL application and conditions of certification. Again, if the City wishes
to hire experts to bring up any environmental, aesthetic, health, or technological
concerns, to testify at these hearings, such arrangements or procurements must be
made at this time in order to fully participate in the certification hearings.
Additionally, if the City Commission does decide to hire experts, funds must be set
aside.
In determining whether the application should be approved in whole, approved with
conditions, or denied, the Siting Board will consider whether the application plan will:
1. Provide reasonable assurance that operational safeguards are technically
sufficient for the public welfare and protection;
2. Comply with applicable nonprocedural requirements of agencies;
3. Be consistent with applicable local government comprehensive plans and
land development regulation;
4. Meet the electrical energy needs of the state in an orderly, reliable, and
timely fashion;
5. Effect a reasonable balance between the need for the facility and the impacts
upon air and water quality, fish and wildlife, water resources, and other
natural resources of the state, resulting from .the construction and operation
of the facility;
6. Minimize, through the use of reasonable and available methods, the adverse
effects on human health, the environment, and the ecology of state waters
and aquatic life;
7. Serve and protect the broad interests of the public.
The Board shall approve or deny the Recommended Order within sixty (60) days
after receipt.
ALTERNATE CORRIDORS
Another important issue is the proposal of alternate transmission line corridors. At
one time, when this project was headed by former Assistant City Manager Roger Hernstadt,
it seemed that this US-1 corridor was the City's preferred route. After further review
229878
Honorable Mayor and Members of the City Commission
Carlos Migoya, City Manager
July I, 2010
Page 4 of 4
internally, the City Administration is unsure at this time. There is not enough expert
information in house to make this determination. FPL has elected to allow proposals for
alternate corridors (locations) for the proposed transmission lines. Parties proposing
alternate corridors must make the proposal by August 13, 2010. A notice of the proposal
shall be filed with the ALJ and all parties involved in the application process. The parties
making the proposal have the burden to prove at the certification hearing that the alternate
corridor proposed meets the criteria for certification and has the least adverse impact
regarding the criteria. Expert testimony and experts may be needed in this regard. Within
seven (7) days after receipt of the notice of a proposed alternate corridor, FPL and DEP
shall file with the ALJ and all affected parties a notice of acceptance or rejection of the
proposal. If FPL or DEP reject the proposed alternate corridor, any party may present
evidence at the certification hearing to establish that the corridor does meet the required
criteria for certification. At this time, the City Commission has not expressed a position
on this issue.
As described, this process is procedurally tedious, but the pending decisions are
needed to move forward. Please contact Assistant City Attorney Victoria Mendez or
Project Manager Pieter Bockweg with any other questions. Any formal action that the
City Commission directs must be authorized no later than July 22, 2010.
JOBlvmldd
Enclosure(s)
c: Pieter Bockweg, Assistant to Sr. Director
of Building, Planning, Zoning Departments
Department Directors
229878
EXHIBIT A
SIXTH REVISED SCHEDULE FOR
REVIEW OF SITE CERTIFICATION APPUCATION FOR
FLORIDA POWER AND LIGHT COMPANY'S TURKEY POINT UNITS 6 & 7
POWER PLANT SITING APP. PA03-45A3; DEP OGC CASE No. 09-3107
DOAH Case No. 09-3575-EPP
Day! Date
Requirement/ Deadline
Statute
Applies
to:
Tuesday, June 30, 2009
FPL files the SCA with DEP and with other agencies identified in §
403.507(2)(a), F.S.
403.504(3)
403.5064(1)
[1][2]
Tuesday, Jury 07, 2009
DEP requests that DOAH assign an ALJ and files a proposed
schedule.
403.5064(4)
403.5065(1)
[1J, [2]
Tuesday, July 07, 2009 '
DEP provides FPL and DOAH with a list of additional agencies or
persons entitled to notice.
403 5064(2)
[1] [2]
Tuesday, Juty 14, 2009'
FPL distributes copies of the SCA to any additional agencies
identified by DEP.
403.5064(2)
[1], [2]
DOAH appoints an ALJ (who, whenever practicable, shall have
403.5065(1 )
Tuesday, July 14, 2009
prior experience or training in electrical power plant certification
proceedings) and ALJ issues an order establishing the schedule.
403.5064(4)
[1], [2]
Wednesday, July 15, 2009
Deadline for DEP to file a copy of the SCA with the ALI.
403.5065(1)
403.525(1)(c)
[1] [2J
403.5064(6)
Friday, July 17, 2009
DEP publishes Florida Administrative Weekly notice of filing of the
SCA.
403.5115(4)(b)
403.5251(4)
[1] 121
403.5363(3)(a)
403.5064(6)
Tuesday, July 21, 2009
FPL publishes newspaper notice of filing of the SCA.
403.5115(1)(b)
403.5251(4)
[1], [2]
403.5363(1)(6)(1)
AGENCIES submit recommendations regarding the completeness
of the transmission portion of the SCA to DEP. If an agency
403.5066(1)(a)
Thursday, July 30, 2009
recommends the application is complete, the agency must also
403.5252(1)(a)
[2]
submit its preliminary statement of Issues on transmission to DEP
and all parties.
403.526(1)
Thursday, Juty 30, 20139
AGENCIES submit recommendations regarding the completeness
of the plant and non -transmission portion of the SCA to DEP.
403.5066(1)(a)
403.5252(1)(a)
[1]
Thursday, August Oti, 2409
DEP issues 1st Completeness Determination on the transmission
portion of the SCA.
403.5252(1)(b)
[2)
DEP issues 1st Completeness Determination on the plant and non -
Monday, August 10, 2009
transmission portion of the SCA.
403.5066(1)(b)
[1]
[1] Apples only to Main Site and Associated Facilities
[2] Applies only to specified Transmission line Corridors
[11, [2] Applies to both
Friday, August 14, 2009
FPL makes good faith effort to provide direct notice (via U.S. mail
or hand -delivery) to local landowners (identified in § 403.5115) of
the filing of the application.
403.5115(6)(a)
[1], [2]
Friday, August 14, 2009
LOCAL GOVERNMENTS issue determination of land use/zoning
consistency for power plant site and associated facilities that are
not exempt from the definition of 'development'. (Note: The AL1
granted Miami -Dade County's request to extend its deadline to
issue its consistency determination. The remainder of this
schedule reflects this extension.)
403.60665(2)(a)
and (b)
[1], [2]
Thursday, August 20, 2009
FPL files response to DEP's 1st determination that the
transmission portion of the SCA is incomplete.
403.5252(2)
[2)
Tuesday, August 25, 2009
FPL files position statement in response to DEP's i st
determination that the plant and non -transmission portion of the
SCA is incomplete (schedule reflects that FPL exercised its option
to advise DEP that it will file additional information and that it will
take an additional 30 days to do so).
403.5066(2)
[1]
Monday, August 31, 2009
LOCAL GOVERNMENTS (or the Regional Planning Council)
provide notice to an parties if electing to hold optional informational
public meeting. (The Regional Planning Council may hold such a
meeting if a local govemment does not. Notice must be provided
not less than 5 days prior to the meeting, excluding Saturdays,
Sundays, and holidays.)
403.50663(3)
[1], [2]
Monday, August 31, 2009
FPL files with DEP a list of the landowners and residences notified
in accordance with § 403.5115, F.S.
403.5115 6)fb
{ )
[1], [2]
Tuesday, September 01, 2009
LOCAL GOVERNMENTS (or the Regional Planning Coundl)
provide newspaper notice of informational public meeting. (The
Regional Planning Council may hold such a meeting if a local
government does not Notice must be published not less then 7
days prior to the meeting.)
403.50663(3)
403.5115(5)
[1], [2]
Thursday, September 03, 2009
AGENCIES submit recommendations regarding the completeness
of the transmission portion of the SCA to DEP in response to FPL's
additional information. If an agency recommends the application is
complete, the agency must also submit its preliminary statement of
issues on transmission to DEP and at parties. (NOTE: SFWMD
filed a motion to extend tts deadline to submit its second
completeness recommendations.)
403.5252{4)
403.526(1• )
[2]
Tuesday, September 08, 2009
LOCAL GOVERNMENTS (or the Regional Planning Council) hold
optional informational public meeting. (The Regional Planning
Council may hold such a meeting if a local govemment does not)
403.50663(1)
[1], [2]
Monday, September 14, 2009
NON -LISTED AGENCIES and PUBLIC INTEREST GROUPS file
notice of intent to be a party to the proceeding.
403.508(3)(c)
[1], [2]
Thursday, September 17, 2009
DEP issues 2nd Completeness Determination on the transmission
portion of the SCA.
403.5252(4)
[2]
Thursday, October 01, 2009
transmission
FPL files response to DEP's 2nd determination that the
portion of the SCA is incomplete.
403.5252{2}
[2]
[1] Applies only to Main Site and Associated Facilities
[2] Apples only to specified Transmission Line Corridors
[f], [2] Applies to both
Friday, October 09, 2009
FPL files additional information in response to DEP's 1st
determination that the plant and non -transmission portion of the
SCA is incomplete. •
403.5066(2)(b)
[1]
Thursday, October 22, 2009
AGENCIES submit recommendations regarding the completeness
of the transmission portion of the SCA to DEP in response to FPL's
additional information. If an agency recommends the application is
complete, the agency must also submit its preliminary statement of
issues on transmission to DEP and all parties.
403.5252(4)
[2]
Monday, November 30, 2009
PSC issues Agency Report/Need Determination. (NOTE: PSC
issued tts.Need Determination on April 11, 2008.)
403.507(4)(a)
111,121
Wednesday, January 06, 2010
AGENCIES submit recommendations regarding the completeness
of the plant and non -transmission portion of the SCA to DEP in
response to FPL's additional information.
403.5066(4)
[1]
Wednesday, January 13, 2010
DEP issues 2nd Completeness Determination on the plant and non
transmission portion of the SCA.
403.5065(4)
[i]
Thursday, January 28, 2010
FPL files position statement in response to DEP's 2nd
determination that the plant and non -transmission portion of the
SCA is incomplete.
403.5066(2)
[t]
Tuesday, March 23, 2010
DEP issues 3rd Completeness Determination and its pretiminary
statement of issues on the transmission portion of the SCA.
403.5252(4)
403.526(1)
[2]
Tuesday, April 06, 2010
FPL files response to DEP's 3rd determination that the
transmission portion of the SCA is incomplete.
403.5252(2)
[2]
Tuesday, April 13, 2010
FPL files additional information in response to DEP's 2nd
determination that the plant and non -transmission portion of the
SCA is incomplete.
403.5066(2)(b)
[1]
Tuesday, April 20, 2010
AGENCIES submit recommendations regarding the completeness
of the transmission portion of the SCA to DEP in response to FPL's
additional information. If an agency recommends the application is
complete, the agency must also submit Its preliminary statement of
issues on transmission to DEP and all parties.
403.5252(4)
[2]
Tuesday, April 27, 2010
DEP issues 4th Completeness Determination and its preliminary
statement of issues on the transmission portion of the SCA.
403.5252(4)
403.526(1)
[2]
Tuesday, May 18, 2010
FPL files additionat information in response to DEP's 4th
determination that the transmission portion of the SCA is
incomplete.
403.5252(4)
[2]
Friday, May 28, 2010
AGENCIES submit recommendations regarding the completeness
of the plant and non -transmission portion of the SCA to DEP in
response to FPL's additional information.
403.5066(4)
[1]
Friday, June 04, 2010
transmission
DEP issues 3rd Completeness Determination on the plant and non-
portion of the SCA.
403,5066(4)
(1]
[1] Applies only to Main Site and Associated Facilities
[2] Applies only to specified Transmission Line Corridors
[1), [2) Applies to both
Tuesday, June 08, 2010
AGENCIES submit recommendations regarding the completeness
of the transmission portion of the SCA to DEP in response to FPL's
additional information. If an agency recommends the appli otion is
complete, the agency must also submit its preliminary statement of
issues on transmission to DEP and all parties.
403.5252(4)
[2]
Monday, June 14, 2010
DEP issues 5th Completeness Determination and its preliminary
statement of issues on the transmission portion of the SCA
(schedule assumes application complete).
403.5252(4)
403.526(1)
[2]
Monday, June 21, 2010
FPL files position statement in response to DEP's 3rd
determination that the plant and non -transmission portion of the
SCA is incomplete (schedule assumes FPL advises it wit Se
additional information on July 15).
403.5086(2)
[1j
Thursday, July 15, 2010
FPL files additional information in response to DEP's 3rd
determination that the plant and non -transmission portion of the
SCA is incomplete.
403.5066(2)(b)
[1]
Friday, July23, 2010
y'
Deadline for DEP to publish Florida Administrative Weekly notice
of the revised deadline for filing alternate corridors.
d03.5115 4
(](g)
2]
[rn
Alternate
Corridor
Friday, July 23, 2010
FPL publishes newspaper notice of the revised deadline for filing
alternate corridors.
403.5115(1 ){f)
Alienate
. Corridor
Friday, August 13, 2010
Deadline for PARTY to file notice of proposed alternate corridor(s)
for a transmission line (NOTE: Alternate corridors must include the
same terminal and intermediate substations or substation
expansions as FPL's proposed conidor(s). The schedule assumes
an aftemate corridor is proposed on the deadline date for doing so.
If an altemate corridor is proposed earlier than the deadline date,
subsequent dates on this schedule associated with alternate
corridors may change.)
403.5064(4)
[2]
Alternate
Corridor
Friday, August 20, 2010
FPL and DEP file notices of acceptance or rejection of alternate
corridor. (If FPL and DEP accept, altemate proponent must submit
data in support of alternate corridor, If FPL or DEP reject,
alternate corridor is not proper for certification - schedule assumes
FPL and DEP accept alternate corridor.)
403.5271(1)(b)1
[2]
Alternate
Corridor
Monday, August 30, 2010
AGENCIES submit recommendations regarding the completeness
of the plant and non -transmission portion of the SCA to DEP in
response to FPL's additional information.
403.5066(4)
[1]
Tuesday, September 07, 20i0
•
DEP issues 4th Completeness Determination on the plant and non -
transmission portion of the SCA
403.5066(4)
[1]
Friday, September 10, 2010
AGENCIES issue reports on FPL's proposed transmission line
corridors as to matters within their jurisdiction.
403.526(2)(a)
[2]
Friday, September 10, 20i4
PROPONENT OF ALTERNATE CORRIDOR submits data on
alternate corridor needed for preparation of agency supplementary
reports on proposed alternate corridor and pays the appropriate
application fee.
403.5271(1)(d)
403.518(6)
Alternate
Corridor
[1] Applies only to Main Site and Associated Facilities
[2] Applies only to specified Transmission Line Corridors
. [1], [2] Applies to both
Monday, September 13, 2010
PROPONENT OF ALTERNATE CORRIDOR makes good faith
effort to notify all local landowners whose property or residences403.5115(7)(a)
are within 1/4-mile of the proposed transmission line corridor
boundaries.
[2]
Alternate
Corridor
Monday, September 27, 2010
AGENCIES HEADED BY A COLLEGIAL BODY issue reports on
FPL's proposed transmission line corridors as to matters within
their jurisdiction.
403.526(2)(d)
[2]
Monday;September 27, 20i0
PROPONENT OF ALTERNATE CORRIDOR files with DEP a list
of the landowners and residences notified of the altemate
corridors.
403.5115(7)(b)
. [2]
Alternate
Corridor
Monday, September 27, 2010
•
AGENCIES file with DEP any issues concerning completeness.of
alternate corridor data.
403.5271(1)(e)1
[2]
Alternate
Corridor
Monday, October 64, 2010
DEP issues 1st determination of completeness of altemate corridor
(schedule assumes incomplete).
403.5271 {1 }(e)1
Altemate
Corridor
Thursday, October 07, 2010
DEP issues Project Analysis on FPL's proposed transmission line
corridors
403.526(3)
[2]
Monday, October 18, 2010
PROPONENT OF ALTERNATE CORRIDOR submits corrective
data in response to DEP's determination of incompleteness. If no
data is submitted, altemate corridor is deemed withdrawn.
403.5271(1)(e)2
[2]
Altemate
Corridor
Thursday, October 28, 2010
AGENCIES file with DEP any issues conceming completeness of
altemate corridor data.
403.5271(1)(e)3
[2]
Alternate
Corridor
Monday, November 01, 2010
DEP issues 2nd determination of completeness of altemate
corridor (schedule assumes complete - if incomplete, altemate
corridor is deemed withdrawn).
403.5271(1)(e)3
[2]
Alternate
Corridor
Monday, November 08, 2010
MIAMI-DADE COUNTY issues its determination of land use/zoning
consistency for power plant site and associated facilities that are
not exempt from the definition of "development'.
403.50665(2)(a)
and (b)
[i]
Land Use
Monday, November 29, 2010
AGENCIES file with DEP supplementary reports on alternate
corridor that has been determined complete.
403.5271(1)(f)
Altem]ate
Corridor
Monday, November 29, 2010
Deadline for DEP to publish Florida Administrative Weekly notice
of Miami -Dade County's determination of land use and zoning
consistency.
403.50665(2)(c)
403.5115(4)(c)
[1]
Land Use
Monday, November 29, 2010
Deadline for FPL to publish newspaper notice of Miami -Dade
County's determination of land use and zoning consistency,
403.50655(2)(c)
403.5115(1)(c)
[1]
Land Use
Wednesday, December 08, 2010
AGENCIES file preliminary statement of issues for the power plant
and non -transmission associated facilities.
403.507(1)
[1]
Friday, December 10, 2010
AGENCIES HEADED BY A COLLEGIAL BODY file with DEP i
supplementary reports on altemate corridor that has been
determined complete.
403.5271(1)(h)
[2]
Alternate
Corridor
[i]Applies only to Main Site and. Associated Facilities
[2] Applies only to specified Transmission Line Corridors
[1], [2] Applies to both
Friday, December 10, 2010
PROPONENT OF ALTERNATE CORRIDOR publishes newspaper
notice of alternate condor. if not timely published, alternate
corridor is deemed withdrawn.
403.5271(1)(c)
.
4035363(2)(dj
[2]
Alternate
Corridor
Monday, December 20, 2010
DEP files Project Analysis on alternate corridor(s).
403.5271(1)(i)
[2]
Alternate
Corridor
Monday, December 20, 2010
Deadline for SUBSTANTIALLY AFFECTED PERSON to file
petition for hearing on a local governments land use
determination. 'Deadline may be earlier if notice is published prior
to deadline for publication.
.
40350665(4)
[1]
Land Use
Tuesday, December 28, 2010
ALJ schedules hearing on land use (if a petition for hearing was .
filed by a substantially affected person).
403.508(1)(a)
[1]
Land Use
Tuesday, January 04, 2011
Deadline for DEP to publish Florida Administrative Weekly notice
of land use hearing before the ALJ (if a petition for hearing was
filed by a substantially affected person).
403.508(1}(b)
403.5115(4)(d)
[i]
Land Use
Tuesday, January 04, 2011
Deadline for FPL to publish newspaper notice of land use hearing
before the ALJ (if a petition for hearing was filed by a substantially
affected person on deadline date).
403.508(1)(b)
403.5115(1)(d)
[1]
Land Use
Wednesday, January 19, 2011
Friday, January21, 2011
ALJ .conducts hearing on the challenge to the determination of land
use consistency (schedule assumes a 3-day hearing).Land
403.5080 )(a)
[1]
Use
Friday, February 11, 2D11
AGENCIES issue reports on the power plant and non -transmission
associated facilities as to matters within their jurisdiction.
403.507(2)(a)
[1]
Monday, February 21, 2011
ALJ issues Recommended Order from hearing on land use
consistency.
403.508(1)(d)
[1]
Land Use
Wednesday, March 09, 2011
Deadline for LISTED AGENCIES to file notices of intent to be a
party to the Certification Hearing.
403.508(3)(b)
[TJ, [2]
Friday, April 01, 2011
FPL publishes newspaper notice of Certification Hearing and
notice of the deadline for filing notice of intent to be a party.
403.508(2)(b)
403.5115(1)(e)
[11, [21
Tuesday, April 05, 2011
Deadline for DEP to publish Florida Administrative Weekly notice
of Siting Board Hearing on land use consistency.
403.5115(4)(e)
•
[1 ]
Land Use
7uesda y, fipril 19, 2011
SITING BOARD hearing on land use consistency. (NOTE: The
Siting Board typically meets on Tuesdays. The deadline reflected
in the schedule is for the last Tuesday within the deadline for the
hearing established by the PPSA. The actual hearing date is
subject to change based on the Siting Board's 2011 meeting
calendar.)
403.508{i)(d)
[1]
Land Use
Frid ay, Apni 22 2011 transmission
DEP files Project Analysis on the power plant and non -
associated facilities.
403.507(5)
[1]
Friday, April 22, 2011
Deadline for DEP to publish Florida Administrative Weekly notice
of Certification Hearing.
403.508(2)(b)
403.5115(4)(f)
[i1, [21
[1] Applies only to Main Site and Associated Facilities
[2] Applies only to specified Transmission Line Corridors
[1], [2] Applies to both
Friday, May 06, 2011
Deadline for INTERVENORS to fife motions to intervene in the
Certification Hearing.
403.508(3)(e)
[1], [2]
Monday, May 09, 2011
Earliest date to request that ALJ cancel the Certification Hearing
and relinquish jurisdiction to DEP if all parties stipulate.
403.508(6)(a)
(f], (2J
Monday, May 16, 2011
Deadline for ALJ to issue order granting or denying the request to
relinquish jurisdiction based on earliest request date to cancel
Certification Hearing.
403.508(6)(b)
(11 [2]
Thursday, May 26, 2011-
Deadline for PARTIES to submit Proposed Recommended Orders
to DEP if ALJ has relinquished jurisdiction (based on earliest
relinquish date).
403.508(6)(d)2
(1], (2)
Thursday, June 02,207f
FPL to have published newspaper notice of cancellation of
Certification Hearing if ALJ has relinquished jurisdiction,
403.508(6)(c)
403.51 15(1)(g)
(1]' �]
Thursday, June 02, 2011
Deadline for DEP to have published Florida Administrative Weekly
notice of cancellation of Certification Hearing if ALJ has
relinquished jurisdiction.
403.508(6)(c)
403-5115(4)(i)
(1J, (2]
Tuesday, June 07, 2011
Monday, July 11, 2011
ALJ conducts hearing on Site Certification (schedule assumes a 24
workday hearing)
403.508(2)(a)
[1], [2]
Monday, June 27, 2011
Deadline for DEP Secretary to issue Final Order on Certification if
ALJ has relinquished jurisdiction.
403.508(6)(d)1
403.509(1)(a)
(1] /2]
Tuesday, September 06, 2011
L
ALJ issues Recommended Order on Site Certification (schedule
assumes hearing transcripts are filed 10 working days after the
hearing concludes).
403.508(5)
[1], [2]
Tuesday, October 18, 2011
Deadline for DEP to publish Florida Administrative Weekly notice
of Siting Board Hearing on Site Certification.
403.5115(4)(i)
[1], [2]
Tuesday, November 01, 2011
SITING BOARD hearing on Site Certification. (NOTE: The Siting
Board typicatty meets on Tuesdays. The deadline reflected in the
schedule is for the last Tuesday within the deadline for the hearing
established by the-PPSA. The actual hearing date is subject to
change based on the Siting Board's 2011 meeting calendar-)
403.509(1)(b)
[1], [2]
[1] Applies only to Main Site and Associated Facilities
[2] Applies only to specified Transmission Line Corridors
(ij, [2] Applies to both