STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE:
Application for Electrical Power )
Plant Site Certification, City of ) CASE NO. 76-922EPP Lakeland, Unit No. 3, Power Plant )
No. 3, DER No. PA-74-06. )
)
RECOMMENDED ORDER
The initial public hearing to determine whether or not the proposed site is consistent, and in compliance, with existing land use plans and zoning ordinances was held on November 8, 1974, before Richard W. Rodgers. Mr. Rodgers issued an Initial Hearing Report Of Hearing Examiner dated January 15, 1975.
With regard to Unit No. 3, Power Plant No. 3, Mr. Rodgers found the proposed site to be in compliance with all applicable land use plans, but found the site not in compliance with the revised zoning code of the City of Lakeland.
Subsequent to the issuance by Mr. Rodgers of his report, the undersigned Hearing Officer was appointed in this cause to complete the determination of compliance with the existing land use plans and zoning ordinances and to conduct the additional public hearing required in this certification proceeding. This Recommended Order on the question of compliance with the existing land use plans and zoning ordinances is not intended to supplant Mr. Rodgers' order but rather, is supplemental thereto.
The undersigned Hearing Officer, on August 5, 1976, in Lakeland, Florida, conducted a hearing for the purpose of taking further testimony and evidence concerning the question of compliance by the proposed site with existing land use plans and zoning ordinances. Having considered all testimony and evidence presented therein, the Hearing Officer enters the following:
FINDINGS OF FACT
No changes have been made in the land use plans applicable to the proposed site for Unit No. 3, Power plant No. 3, since the initial public hearing held on November 8, 1974.
By Ordinance No. 1914, the City Commission of the City of Lakeland, Florida, has classified and zoned the proposed site for Unit No. 3, Power Plant No. 3; as "Industrial," which classification and zoning allows an electrical power generating facility.
CONCLUSIONS OF LAW
Notice as required by law has been given of this hearing.
The proposed site for Unit No. 3, Power Plant No. 3, is consistent, and in compliance, with existing land use plans and zoning ordinances as required by Section 403.508, Florida Statutes 1975.
RECOMMENDED ORDER
It is therefore RECOMMENDED that the proposed site does conform with existing land use plans and zoning ordinances in affect as of August 5, 1976 and it is further RECOMMENDED that the responsible zoning or planning authority shall not thereafter change such land use plans or zoning ordinances so as to affect the proposed site.
ENTERED this 12th day of November, 1976, in Tallahassee, Florida.
CHRIS BENTLEY
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
H. Roberts, Jr., Esquire J. T. Ahern, Esquire City Attorney Southwest Florida Water
City of Lakeland Management District
Lakeland, Florida 33802 P. 0. Box 457
Brooksville, Florida 33512
Barrett Johnson, Esquire Public Service Commission 700 South Adams Street Tallahassee, Florida 32304
Ross A. McVoy, Esquire Assistant General Counsel Department of Environmental Regulation
2562 Executive Center Circle, E. Montgomery Building
Tallahassee, Florida 32301
Louis F. Hubener, Esquire Division of State Planning 660 Apalachee Parkway
Tallahassee, Florida 32304
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: )
Application for Electrical Power )
Plant Site Certification, City of ) CASE NO. 76-922EPP Lakeland, Unit No. 3, Power Plant )
No. 3, DER No. PA-75-06 )
)
RECOMMENDED ORDER
This proceeding is held pursuant to the Florida Electrical Power Plant Siting Law, Chapter 403, Florida Statutes, to consider the application for site certification of Unit No. 3, Power Plant No. 3, of the City of Lakeland, Florida, hereinafter referred to as Unit No. 3.
Pursuant to proper notice, the additional public hearing required in this matter by Section 403.508(3), Florida Statutes, was held in Lakeland, Florida, on August 5, 1976. The purpose of this hearing was to take testimony and evidence concerning whether the location and operation of the proposed facility will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife and the ecology of state waters and their aquatic life.
The hearing included an examination of the following: the necessity for expanded electrical generation; the expected environmental impact of the facility; the operational safeguards of the facility; the availability of abundant, low-cost electrical energy; and other public interests and issues relevant to certification of the proposed site.
The following parties entered appearances at and participated in the hearing through counsel or representatives:
Department of Environmental Regulation.
City of Lakeland, Florida.
Florida Public Service Commission.
State of Florida, Department of Administration, Division of State Planning.
Southwest Florida Water Management District.
Having considered all testimony and evidence properly admitted herein and having heard argument of counsel and representatives, the following findings of fact, conclusions of law and recommended order are entered.
FINDINGS OF FACT
The proposed site for Unit No. 3 is located on 274 acres on the northeast shore of Lake Parker, three (3) miles northeast of the center of downtown Lakeland. State Road 600A traverses the property from south to north. The site is level and vegetated with scrub oak, pine trees, palmettos and natural grasses. The electric generating facilities are located in the northeast section of the site, adjacent to Lake Parker. The site is currently used by the City of Lakeland for the operation of several existing generating units including a 100 megawatt steam unit, a 115 megawatt steam unit, a 22 megawatt combustion turbine, and two 2.75 megawatt diesel generators.
Unit No. 3 as proposed consists of a 250 megawatt steam electric generating unit fueled by coal, processed solid waste or oil. Excess heat will be dissipated through a multi-cell cooling tower using effluent from the Lakeland Municipal Waste Water Treatment Facility. Cooling tower blowdown will
be used in the flue gas desulphurization process, and excess blowdown will be discharged into the Lakeland sewage system.
On an annual basis, the load factor of Unit No. 3 will be approximately
70 per cent of capacity. At this load factor the cooling tower will require 4.7 million gallons per day of municipal waste water treatment plant effluent for makeup water, or 5.3 million gallons per day of well water. It is proposed that Unit No. 3 utilize waste water treatment plant effluent for cooling tower makeup. This will be pumped from the present facilities of the Lakeland Sanitary Sewage System. The emergency well water system will consist of three deep wells in the Floridan Aquifer capable of pumping 2,000 gallons per minute each. They will be used as backup in case of a failure of the primary cooling water supply. It is proposed that most of the cooling tower blowdown will be used a makeup for the flue gas desulphurization process. Excess blowdown will be returned to the Lakeland Sanitary Sewage System. Waste water from Unit No. 3 will be chemically treated in a retention basin and then pumped to a spray pond for evaporation. This system of handling waste water and blowdown will effectively eliminate any discharges from the unit to Lake Parker. The Southwest Florida Water Management District has no objection to the following withdrawals from the three wells for emergency cooling tower makeup water from the Floridan Aquifer: 0.2166 million gallons per day average annual withdrawal and 5.2710 million gallons per day maximum daily withdrawal. The Southwest Florida Water Management District requests that the City of Lakeland install totalizing flow meters on the three wells of the backup system and submit quarterly reports of the daily reports for the days the wells are in operation. They further request that the City of Lakeland obtain approval in writing from the Southwest Florida Water Management District prior to altering present plans on the construction of the wells.
Unit No. 3 was originally designed to be primarily fired by oil. However, in the spring of 1975, the Federal Energy Administration directed the City of Lakeland to design Unit No. 3 to use coal as a primary fuel. Therefore, although Unit No. 3 will have the capability of using oil and solid waste as fuel, its primary fuel will be high sulphur coal and the unit will include a sulphur dioxide removal system. The coal handling and storage facilities to be constructed as part of Unit No. 3 include the construction of a 1 1/2 mile spur railroad track to the site and the construction of a facility to quickly unload an entire train of coal. The coal will primarily be obtained from Alabama.
The construction of Unit No. 3 will involve extensive grading and removal of vegetation on the proposed site. However, primarily because this site is already in use as a generating facility there is little significant vegetation or wildlife on site and therefore the impact of Unit No. 3 will be minimal.
The Lakeland system is municipally owned and is operated by the City of Lakeland Department of Electric and Water Use Facilities. The service area of the city is completely circumscribed by the service area of Tampa Electric Company. The boundary of the service area is described in a territorial agreement entered into in 1966 between the City of Lakeland and Tampa Electric Company. It covers approximately 260 square miles of which approximately 30 square miles includes incorporated municipal areas. The agreement gives the City of Lakeland the exclusive right to serve all customers within the described boundary with the exception of phosphate and associated chemical industries that were existing at the time of the agreement. Unit No. 3 will be near the geographic center of the service area. Existing transmission facilities from the site to the network are adequate to utilize Unit No. 3. The City of
Lakeland does expect that in the 1980's they will replace their existing transmission facilities as needed with a 230 kv service using existing rights of way.
Unit No. 3 will employ a high efficiency electrostatic precipitator to remove fly ash from the burning of coal and refuse followed by a flue gas scrubber to further reduce particulate matter and to remove sulphur oxide from the exhaust gases. As a result of these control measures Unit No. 3 will comply with state and federal emission limitations and ambient air quality standards.
The principle fuel for Unit No. 3 will be high sulphur (1 percent to 4 percent) coal from Alabama. Small amounts of refuse and oil also will be burned. No. 6 fuel oil, otherwise known as Bunker C or residual fuel oil, will be a secondary fuel. This will reduce the redundancy for the coal handling equipment. The unit will have the capability of burning approximately 210 tons per day of refuse which could replace up to 5 percent to 10 percent of the fuel needed to operate the plant.
Unit No. 3 will utilize the latest reasonably available control technology for the control of the emissions. The use of that equipment will result in very small incremental ambient air quality increases in SO2 which are less than federal guidelines and will be in compliance with state and federal emission standards.
The City of Lakeland as late as April, 1976, shows forecasted peak load growth at an average annual rate of 6.74 percent for the period 1976 to 1985. Unit No. 3 is proposed to come on line in 1980. It is a base load unit.
The Florida Public Service Commission report finds that because of the high degree of speculation in the near term forecast of load and their sensitivity to the economic situation the consequences of a wide range of demand projections must be considered. The forecasted peak load growth at an average annual rate of 6.74 percent as forecasted by the City of Lakeland represents the low side of what the Public Service Commission considers a reasonable range for planning services. Considering a 20 percent reserve margin as reflecting the requirements for reliable service, only under the conservative growth projections of the City will there be sufficient reserves to carry the utility through the year 1981. If there is any increase in that growth rate, there is no question as to the necessity of additional capacity in 1981. The Public Service Commission found that it was not a viable alternative to the construction of Unit No. 3 for the City of Lakeland to purchase power from neighboring generating systems. They further noted that the Federal Energy Administration has designated Unit No. 3 as coal fired. Because of that restriction the consideration of a smaller unit is not feasible because of the economies of scale for coal plants. Further, the Commission looks favorably on the choice of a coal plant as having a stabilizing influence on the effects of fuel price fluctuation in Florida. Noting that the size of proposed Unit No. 3 is a minimum for a coal plant based on economies of scale, the Public Service Commission also noted their concern that its large size as compared with the existing system will result in a poor capacity factor for the unit and very poor capacity factor for the utility in its early life. For that reason they strongly recommend that the City take action to make use of the excess capacity either through firm sales to other utilities or through the coordination of a joint venture. The Public Service Commission report concluded that a need does exist for additional capacity to serve the Lakeland area in the early 1980's.
The Division of State Planning of the Department of Administration has reviewed the ten year site plan of the City of Lakeland and has classified it as suitable. They concur with the Public Service Commission and the applicant that there will be a need for additional power in the area to be served in 1981.
They note that although the capacity of Unit No. 3 is somewhat greater than normally would be expected for a system the size of the City of Lakeland's there are several reasons which justify the unit. These include the direction by the Federal Energy Administration that the unit be coal fired with the resulting economies of scale of a coal plant requiring a relatively large unit. The Division of State Planning further notes that the City of Lakeland is employing the system's approach in attacking several municipal problems simultaneously including the need for abundant low cost electrical power, the incineration of solid waste as supplemental fuel, the reduction of reliance upon land for the disposal of solid waste, the prevention of contamination of the State's ground water through reduced use of landfills and conservation of the State's water resources through the use of the City's sewage affluent for plant cooling. A third consideration in justifying the use of a larger unit than ordinary is the need in the State of Florida of a greater proportion of its generating capacity in the form of coal fired plants as opposed to oil fired plants. The last consideration is that the projected cost of generating electricity with Unit No.
3 is one of the lowest in the state. Therefore the Division of State Planning recommends certification of Unit No. 3.
Composite Exhibit 13 includes a statement of general conditions of certification and special conditions of certification which the Department of Environmental Regulation have proposed be made applicable to this facility if certified. The applicant, City of Lakeland, has stipulated and agreed that the general and special conditions of certification, as proposed, should be imposed if certification is granted.
At the conclusion of the presentation by the parties to this proceeding, opportunity was given to the general public to comment upon the application for site certification. No one appeared to make comment.
CONCLUSIONS OF LAW
This proceeding was held pursuant to the Florida Electrical Power Plant Siting Law, Chapter 403, Florida Statutes, and Chapter 17-17, Florida Administrative Code, to consider the subject application for site certification.
Notice, in accordance with Chapter 403 and Chapter 120, Florida Statutes, and Chapter 17-17, Florida Administrative Code, has been given to all persons and parties entitled thereto, as well as to the general public.
The purpose of this proceeding was to take testimony and evidence concerning whether the location and operation of the proposed facility will produce minimal adverse affects on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life and to fully balance the increasing demands for electrical power plant location and operation with the broad interests of the public, as provided in Chapter 403, Florida Statutes.
The record of this hearing consists of all pleadings and papers filed herein, the transcript of the final hearing, all orders entered by the Hearing Officer, and all other evidence and exhibits admitted to the record.
After this proceeding was initiated, the Florida State Legislature, enacted the Florida Environmental Reorganization Act of 1975, Chapter 74-22, Laws of Florida, 1975, which took effect on July 1, 1975. This act affected the nature and authority of the following parties to this proceeding as follows:
The Department of Pollution Control was transferred to the Department of Environ- mental Regulation, except for certain powers, duties and functions vested in the Governor and Cabinet.
The Act provides that the Governor and Cabinet shall perform the duties previously vested in the Pollution Control Board of the Department of Pollution Control, pursuant to the Florida Electrical Power Plant Siting Act, Sections 403.59, 403.511, 403.512 and 403.513, Florida Statutes. For those purposes, the Governor shall perform the duties of the chairman of the Pollution Control Board as defined in Section 403.511, Florida Statutes. Therefore, these findings of fact, conclusions of law, and the recommended order are directed to the Governor and Cabinet for final decision.
Section 24 of Chapter 75-22, Laws of Florida, 1975, provides that: "No legal or administrative proceeding
pending as of the effective date of this act
shall be abated or delayed because of any transfer made in this act, and any department to which are transferred the powers, duties, and functions of an agency relating to a pending proceeding shall be substituted as a party in interest in such proceeding."
This administrative proceeding was pending as of the effective date of Chapter 75-22, and substitution of parties was made as provided in Section 24 of the act.
Section 403.55, Florida Statutes, provides that the Division of State Planning of the Department of Administration, shall make a study of each ten year site plan required to be submitted by each electric utility and that the division shall classify each such plan as "suitable" or "unsuitable". The Division of State Planning as made such a study and has found that the ten year site plan of the City of Lakeland is suitable.
Section 403.507, Florida Statutes, requires that, upon application for site certification, the Florida Public Service Commission shall prepare a report and recommendation as to the present and future needs for electrical generating capacity in the area to be served by the proposed site and shall submit its findings to the Department of Environmental Regulation. Such a report and recommendation has been submitted and introduced into evidence in this proceeding and recommends a need for the generating capacity of proposed Unit No. 3.
The City of Lakeland has made a valid application for site certification pursuant to the Florida Electrical Power Plant Siting Law, Chapter 403, Florida Statutes.
The location and operation of Unit No. 3,as proposed, will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife and the ecology of state waters and their aquatic life.
The operational safeguards for the proposed unit are technically sufficient for the welfare and protection of the citizens of Florida.
The unit, as proposed, is consonant with the premise of abundant, low- cost electrical energy.
No evidence was presented with regard to proposed Unit No. 4, which was part of the original site certification application. The parties have stated that certification of Unit No. 4 is not being pursued in this site certification proceeding.
At the time the undersigned Hearing Officer was appointed in this cause an initial public hearing had been held by Mr. Richard Rodgers to determine whether the proposed site was consistent and in compliance with existing land use plans and zoning ordinances. Mr. Rodgers recommended that, at the time of his hearing, the proposed site for Unit No. 3 was not in compliance with the applicable zoning ordinances. Mr. Rodgers' recommended order was never submitted to the Governor and Cabinet. The parties to this proceeding stipulated and agreed that the undersigned Hearing Officer, immediately prior to the hearing resulting in this recommended order, would conduct a further hearing solely on the question of whether the proposed site for Unit No. 3 is consistent and in compliance with existing land use plans and zoning ordinances. Such a hearing was held on the same day as this final hearing. The recommended order of Mr. Rodgers and the undersigned Hearing Officer with regard to the compliance with existing land use plans and zoning ordinances of the proposed site for Unit No. 3 is being submitted to the Governor and Cabinet at the same time as this recommended order on final site certification. Therefore, a final determination by the Governor and Cabinet that the proposed site for Unit No. 3 is consistent and in compliance with existing land use plans and zoning ordinances has not been made.
RECOMMENDED ORDER
Having reviewed the record of this proceeding, and based upon the findings of fact and conclusions of law set forth herein, it is hereby RECOMMENDED that certification, pursuant to Chapter 403, Florida Statutes, be granted the City of Lakeland for the construction and operation of Unit No. 3, provided that it is finally determined that the proposed site is consistent and in compliance with existing land use plans and zoning ordinances. It is further recommended that this certification be made subject to the general and special conditions of certification as set forth in Composite Exhibit 13.
ENTERED this 12th day of November, 1976, in Tallahassee, Florida.
CHRIS H. BENTLEY
Hearing Officer
COPIES FURNISHED:
J. H. Roberts, Jr., Esquire City Attorney
City of Lake1and Lakeland, Florida 33802
Barrett Johnson, Esquire Public Service Commission 700 South Adams Street Tallahassee, Florida 32304
Ross A. McVoy, Esquire Assistant General Counsel Department of Environmental Regulation
2562 Executive Center Circle, E. Montgomery Building
Tallahassee, Florida 32301
Louis F. Hubener, Esquire Division of State Planning 660 Apalachee Parkway
Tallahassee, Florida 32304
Jay T. Ahern, Esquire Southwest Florida Water Management District
P. 0. Box 457
Brooksville, Florida 33512
| Issue Date | Proceedings |
|---|---|
| Jun. 08, 1977 | Final Order filed. |
| Nov. 12, 1976 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Dec. 08, 1976 | Agency Final Order | |
| Nov. 12, 1976 | Recommended Order | City of Lakeland should be issued permit to site new power facility as long as the plans meet all Chapter 403, Florida Statutes, standards, including proper zoning. |
