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03-001629TL  IN RE: FLORIDA POWER AND LIGHT, COLLIER-ORANGE RIVER NO. 3, 230 KV PROJECT, TRANSMISSION LINE SITING APPLICATION NO. TA03-12 vs *  (2003)
Division of Administrative Hearings, Florida Filed: May 02, 2003
The issues for determination are whether either of the properly proposed corridors (the FPL Corridor or the Alternate Corridor) for the Collier-Orange River #3 230-kV transmission line (the COR #3 Line) comply with the criteria in Section 403.529(4)(a)-(e), Florida Statutes (2003); and, if so, which of the corridors have the least adverse impacts with respect to the criteria in Section 403.529(4)(a)-(e), Florida Statutes, including cost. (All citations are to the 2002 version of the Florida Statutes unless otherwise indicated.) If the Florida Power & Light Company (FPL) Preferred Corridor (FPL Corridor) is determined to have the least adverse impacts, or if the two corridors are determined to be substantially equal in adverse impacts, the Siting Board must determine whether the FPL application for corridor certification should be approved in whole, with modifications or conditions, or denied. § 403.529(4) & (5)(c), Fla. Stat. If it is determined that the Alternate Corridor proposed by Collier Enterprises, Ltd. (CE) and Barron Collier Companies (BCC) has the least adverse impacts, including costs, since this corridor was rejected by FPL for consideration pursuant to Section 403.5271(1)(b), Florida Statutes, certification shall be denied or FPL shall be allowed to submit an amended application to include such corridor. § 403.529(5)(b), Fla. Stat.Florida Power & Light proved by a preponderance of the evidence that its proposed corridor complied with criteria under Section 403.529(4)(a)-(e) and should be certified rather than an alternate corridor proposed by Collier Enterprises and Barron Collier.
01-001465RP  SANTA ROSA SOUND COALITION vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001466RP  FRIENDS OF SAINT SEBASTIAN RIVER vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001467RP  APALACHICOLA BAY AND RIVER KEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001797RP  SAVE OUR SUWANNEE, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: May 07, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001332RP  JACQUELINE M. LANE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 10, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001462RP  LINDA YOUNG vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001463RP  SAVE OUR BAYS, AIR AND CANALS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001464RP  FLORIDA PUBLIC INTEREST RESEARCH GROUP CITIZEN LOBBY, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-002442  PUTNAM COUNTY ENVIRONMENTAL COUNCIL, INC.; STEWARDS OF THE ST. JOHNS RIVER, INC., AND LINDA YOUNG vs GEORGIA-PACIFIC CORPORATION AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Jun. 19, 2001
The issues are whether Georgia-Pacific Corporation is entitled to the issuance of an industrial wastewater facility permit under the National Pollutant Discharge Elimination System program that would authorize it to discharge industrial wastewater to the St. Johns River in Putnam County, Florida, and whether Georgia-Pacific Corporation has met the statutory criteria for a related administrative order for the interim discharge to Rice Creek in Putnam County, Florida.Applicant satisfied all criteria for issuance of a wastewater permit and approval of related administrative order relating to discharge of wastewater in St. Johns River.

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