STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: FLORIDA POWER CORPORATION ) APPLICATION FOR THE LAKE )

TARPON-KATHLEEN ) CASE NO. 85-1411TL TRANSMISSION LINE CORRIDOR )

CERTIFICATION )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on September 23-27, and 30 and October 1-

4 and 21-23, 1985, in Tampa, Florida. The issues for determination in this proceeding are whether either the primary or the secondary Lake Tarpon-Kathleen 500 kV transmission line corridors proposed by Florida Power Corporation are proper for certification and, if both are proper, which proposed corridor has the least adverse impact regarding the statutory criteria, including costs.

APPEARANCES

1

For the applicant, Carlos Alvarez, Esquire Florida Power Carolyn S. Raepple, Esquire

Corporation: Richard S. Brightman, Esquire Hopping Boyd Green & Sams Post Office Box 6526 Tallahassee, Florida 32314

H.A. Evertz, III, Esquire Florida Power Corporation Post Office Box 14042

St. Petersburg, Florida 33733

For the Department John Bottcher, Esquire

of Environmental Douglas MacLaughlin, Esquire Regulation: Department of Environmental

Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

For the Department C. Laurence Keesey, Esquire

of Community Affairs: Department of Community Affairs

2571 Executive Center Circle Tallahassee, Florida 32301

For the Central Ralph Artigliere, Esquire Florida Regional Central Florida Regional Planning Council: Planning Council

Lane, Trohn, Clarke, Bertrand & Williams, P.A.

Post Office Drawer J Lakeland, Florida 33802

For the Southwest J. Edward Curren, Esquire Florida Water Ms. Patricia Dorris Management District: Southwest Florida Water

Management District 1397 Broad Street

Brooksville, Florida 33512

For Hillsborough Frederick B. Karl, Esquire

County: Karl, McConnaughhay, Roland & Maida Post Office Drawer 229 Tallahassee, Florida 32302

Elizabeth Eddy, Esquire Carolyn J. House, Esquire Hillsborough County

Post Office Box 1110 Tampa, Florida 33601

For Pasco County: David Smolker, Esquire

Pasco County

4025 Moon Lake Road

New Port Richey, Florida 33552

For Polk County: Mark F. Carpanini, Esquire

Polk County

Post Office Box 60 Bartow, Florida 33830

For Lake Como Club, Ronald E. Cotterill, Esquire

Cotterill, Gonzalez & Fisher

126 Flagship Drive Lutz, Florida 33549

For W.P. Davis, Alton B. Parker, Esquire Zoe F. Marvil, Steve Reynolds, Esquire

Henry Logan King, MacFarlane, Ferguson, Allison & Kelly Crimson Tide Post Office Box 1531

Properties, and Tampa Tampa, Florida 33601 Bay Downs, Inc.:

For William M. William M. Register, Jr., Esquire Register, Jr.: Register and Park

625 Twiggs Street

Tampa, Florida 33602

For Rabin Groves, Mr. Gerald Rabin

Inc.: 2708 East Stone Terrace Lakeland, Florida 33803

For Big Lake Como/ Ms. Debra A. Worley

Lake Moss Association: Big Lake Como Lake Association

Post Office Box 433 Lutz, Florida 33549

For Loren E. Worley: Michelle Russel, Esquire

Gerald A. Figurski, Esquire Martin & Figurski

Post Office Box 786

New Port Richey, Florida 33552

For Lake Carlton Arms, Joseph A. McGlothlin, Esquire Cheval Land Corp., Enola R. Brown, Esquire

and Cypress Bend Joint Lawson, McWhirter, Grandoff & Reeves Venture: Post Office Box 3350

Tampa, Florida 33601

For Paradise Lakes Mr. Donald W. Rairigh Condominium Paradise Lakes Condominium

Homeowners Homeowners Association

Association: Post Office Box 750

Land O' Lakes, Florida 33539

For James V. Lau and James V. Lau, Esquire Mary A. Lau: Mary A. Lau, Esquire

Lau, Lane, Piper & Asti, P.A. Post Office Box 838

Tampa, Florida 33601-0838

For Nelson P. and James V. Lau, Esquire Pauline A. Zambito and Mary A. Lau, Esquire

Daniel F. and Lau, Lane, Piper & Asti, P.A. Andrea Z. Molony: Post Office Box 838

Tampa, Florida 33601-0838

For Live Oak Realty, Margaret J. Bowles, Esquire N.V.: Taub & Williams

Post Office Box 3430 Tampa, Florida 33601

For Cypress Cove Robert S. Wise, Esquire Subdivision: 304 Northwood Drive

Lutz, Florida 33549

For Roy N. Geraci and John E. Lund, Esquire

Peter A. Geraci: Cicero, Lund & Williams, P.A.

707 Franklin Street Mall Tampa, Florida 33602

For Country Place Civic John Radey, Esquire

Assoc., Inc., Northdale Aurell, Fons, Radey & Hinkle Civic Association and Post Office Drawer 11307 Northdale Taxing Tallahassee, Florida 32302 District:

For Florida Satellite Lynn H. Townsend, Esquire Network, Inc.: Holland & Knight

Post Office Box 1288 Tampa, Florida 33601

For Anne Thomas: Ms. Anne Thomas 3416 Almeria Avenue

Tampa, Florida 33629 OTHER APPEARANCES OF RECORD

For the Department of Charles R. McCoy, Esquire Natural Resources: Department of Natural Resources

3900 Commonwealth Boulevard

Suite 1003

Tallahassee, Florida 32303

For the Game and Fresh Dan R. Stengle, Esquire Water Fish Commission: Game and Fresh Water Fish

Commission

620 South Meridian

Tallahassee, Florida 32301

For the Department of Philip S Bennett, Esquire Transportation: Department of Transportation

Haydon Burns Building Mail Station 58, Room 562

Tallahassee, Florida 32301

For the Public Service J. Roger Howe, Esquire Commission: Public Service Commission

Fletcher Building

101 East Gaines Street Tallahassee, Florida 32301

For Pinellas County: Van B. Cook, Esquire

Pinellas County

315 Court Street Clearwater, Florida 33516

For Rabin Groves, Inc.: Bennett L. Rabin, Esquire

Harold H. Goldman, P.A. 10020 South Federal Highway

Port St. Lucie, Florida 33549

For Will James Shephard Mr. Will James Shephard

and his father: 14037 N. Dale Mabry Highway

Tampa, Florida 33618

For Nancie Poole: Ms. Nancie Poole

17 Eagle Lane

Lutz, Florida 33549

For John E. Greenslade: Mr. John E. Greenslade

2901 Barcelona Street

Tampa, Florida 33629

For Lucius M. Dyal, Lucius M. Dyal, Jr., Esquire Jr.: Shackelford, Farrior,

Stallings & Evans Post Office Box 3324 Tampa, Florida 33601

For Jack Craparo, Gary S. Cary Gaylord, Esquire Edens, Miller's Brigham, Moore, Gaylord, Plantation Development Schuster & Sachs

Co., James Sheenham, 501 E. Kennedy Boulevard Trustee: Tampa, Florida 33602

INTRODUCTION

During the course of these Proceedings, various motions were made by the parties either during the prehearing conferences, the final hearing itself or the Post-hearing conference. Rulings on these motions are set forth either in Separate orders in the record of this Proceeding, in the transcript of the final hearing or in this Recommended Order. Among the prehearing orders was an order granting Florida Power Corporations (FPC) request to take the telephone deposition of Jerry C. Griffin, M.D. This deposition was received into evidence as FPC's Exhibit 74, and ruling was reserved on objections raised by Hillsborough County to certain questions propounded during the taking of said deposition. Having now considered those objections, as well as the written responses to the objections filed by FPC, it is ordered that the objections are overruled and the deposition of Dr. Griffin is received in its entirety.

In support of its application for certification, FPC presented the testimony of 14 witnesses, and its Exhibits 1, 2, 3A, 3B, 4A-C, SA-O, 6B-O, 8A-D, 9, 11-13A-D, H, J-S, U-X and Z,

15A-17, 20-22, 24, 27A-D, 28, 29, 31, 33-6411, 68, 71, 74 and 75

were received into evidence. Testifying on behalf of FPC were Analee Moore, an expert in land use planning and transmission line siting; Jim Brooks, an expert in electrical engineering as it relates to the construction and development of maintenance techniques of transmission lines; Fred M. Dietrich, an expert in electrical engineering as it relates to transmission lines; Morton

W. Miller, Ph.D., an expert in biological effects resulting from

60 Hz electric and magnetic fields; Harmon B. Graves, Ph.D., an expert in the biological effects associated with extremely low frequency electric and magnetic fields; Jochen H. Wiese, an expert in wildlife ecology; Dean Oskvig, an expert in transmission line civil/structural design; Edward J. Kent, Ph.D., an expert in hydrology and water quality; Anthony N. Arcuri, an expert in vegetation mapping and botany; Christopher Bell, an expert in real estate valuation of transmission line rights-of-way; Joe Skala, FPC's supervisor of transmission and distribution maintenance; Donald R. Stillwagon, an expert in transmission line planning; Ronald R. Wood, an expert in engineering cost estimates; and Jerry

C. Griffin, M.D., an expert in the human health effects of electromagnetic fields.

Testifying on behalf of the Department of Environmental Regulation (DER) were Karen Anthony, DER's Transmission Line Siting Coordinator; and Richard W. Cantrell, an expert in dredge and fill jurisdictional determinations and environmental impacts from dredge and fill activities. DER Exhibits 2, 8, 8A, and 9 were received into evidence.

The Department of Community Affairs (DCA) Presented the testimony of Paul Darst, an expert in land use planning, and its Exhibit 1 was received into evidence.

Douglas Bailey, an expert in wildlife biology, testified on behalf of the Florida Game and Fresh Water Fish Commission (GFWFC), and its Exhibit 1 was received into evidence.

The Southwest Florida Water Management District (SWFWMD) Presented the testimony of Manuel Lopez, an environmental scientist with SWFWMD; and Bruce Wirth, a Surface water permitting manager with SWFWMD. Its Exhibit 1 and 2 were received into evidence.

The central Florida Regional Planning Council (CFRPC) presented the testimony of Charlie Mack Overstreet; Clark Sherwood; James Q. Duane, Executive Director of CFRPC; Stephen J Frisch, an expert in soils and soils classification and interpretation; and Timothy C. Varney, an expert on water quality, hydrogeology, land use planning and geology. Its Exhibits 8 through 10 were received into evidence.

Testifying on behalf of Hillsborough County were John D. Norgard, an electrical engineer with expertise in electromagnetic field effects associated with transmission lines; Andrew A. Marino, Ph.D., an expert in the biological effects of electromagnetic fields; Jeffrey L. Miller Director of Hillsborough County's Department of Development Coordination and an expert in land use planning; Richard G. Wilkins, the water program manager of the Hillsborough County Environmental Protection Commission and an expert in wetlands regulation in Hillsborough County; Robert Adam Carnegie, a senior planner with the Hillsborough City County Planning Commission; Mark Gentry, a senior planner and DRI coordinator with the Hillsborough County Department of Development Coordination and an expert in land use planning; Elizabeth Eginton, a planner with the Hillsborough County Department of Development Coordination; and Ben Jones.

County's Exhibits E, F, L and T-1 were received into evidence.

Pasco County presented the testimony of Sam Steffey, an expert in land use planning, and Peter Dailey, an expert in land use planning and land use design aspects and impacts as they pertain to the location of high voltage transmission lines. Its Exhibits SA-C, 6 and 8 were received into evidence.

Florida Satellite Network, Inc., permitted to intervene on a limited basis at the final hearing, presented the testimony of John J. McQuaid, general manager of Florida Satellite Network; and Andrew Shumway, a regional engineer for Florida Satellite Network.

The Moloneys and Zambitos presented the testimony of two witnesses, Daniel Moloney, a resident of Lutz, Florida; and Nelson Zambito, a resident of Lutz, Florida.

Lake Carlton Arms, Cheval Land Corporation and Cypress Bend Joint Venture presented the testimony of Kenneth A. Bryant, an expert in civil engineering as it pertains to land use and land development; and Mark T. Mahaffey, an expert in the design,

construction and marketing of residential rental communities. Their Exhibits 1 through 5 were received into evidence.

Roy N. Geraci testified on behalf of himself and Peter A. Geraci, and their Exhibits G-1(A-E), G-2 (A-C), G-3(A-G) and G- 4(A-E) were received into evidence.

Debra Worley testified on her own behalf and on behalf of the Big Lake Como/Lake Moss Lake Association; and Exhibits 1, 2, 3(A- I), 4(A-M), 5(A-C), 6 and 7 were received into evidence.

Ronald Cotterill and John Westfall testified on behalf of the Lake Como Club, Inc., and Exhibit 1 was received into evidence.

Paradise Lakes Condominium Homeowners Association presented the testimony of its representative, Donald Rairigh, and Paradise Lakes Exhibit 4.D. was received into evidence.

Robert Wise testified on his behalf and as a representative of Cypress Cove subdivision.

Rabin Groves, Inc. Presented the testimony of its representative, Gerald Rabin.

Turtle Lakes Subdivision Homeowners Association presented the testimony of four witnesses, and Turtle Lakes Exhibits 1.A., 2.A.-

2.J. were received into evidence. Presenting testimony on behalf of Turtle Lakes were David Worley, a wildlife expert; Nancy Poole, a resident of Lutz and owner of a child care center located at her residence; Eileen Ranaghan, a resident of Odesa and mother of two children attending Mrs. Poole's child care center; and Paul Tucker, a Pasco County resident owning property on the Hillsborough/Pasco County line, northwest of Wisper Run Subdivision.

Live Oak Realty Presented the testimony of Dane Piercefield, an expert in land planning and design, and Exhibits LR-1, LR-2, and LR-3 were received into evidence.

Northdale Civic Association, Northdale Taxing District, and Country Place Civic Association Presented the testimony of Nancy Flemming, a resident of the Northdale area, and Northdale Exhibits

1 and 6.A.-6.0. were received into evidence.

Joseph Reedy, an expert in real estate valuation, and James

V. Lau, an expert in right-of-way acquisition costs, testified on

behalf of James V. and Mary A. Lau. The Lau's Exhibit 1 was received into evidence.

William M. Register, Jr. testified in his own behalf by deposition received into evidence as Register late-filed Exhibit 1.

On the evening of October 1, 1985, a Session of the hearing was convened for the purpose of allowing members of the public, who had not already intervened as a party in this proceeding, an opportunity to present testimony and evidence. Thirty three members of the public were placed under oath, testified and were subject to cross-examination. Hearing Officer Exhibits 1 and 2 were received into evidence during this portion of the final hearing. One member, Anne L. Thomas, was later permitted to intervene as a party on a limited basis.

Subsequent to the hearing, all parties were afforded the opportunity to submit proposed findings of fact, proposed conclusions of law and a proposed recommendation. Availing themselves of this opportunity were Florida Power Corporation; the Department of Environmental Regulation; Hillsborough County; Pasco County; the Central Florida Regional Planning Council and Polk County (jointly); James V. and Mary A. Lau, the Zambitos and the Maloneys (jointly); Lake Carlton Arms, Cheval Land Corporation and Cypress Bend Joint Venture; Live Oak Realty, N.V.; and the Northdale Civic Association, Northdale Taxing District and Country Place Civic Association (jointly). Other post-hearing submittals were received from Anne L. Thomas and from Zoe F. Marvil, Henry Logan King, Crimson Tide Properties; Tampa Bay Downs, Inc. and W.

1. Davis (jointly), but these latter two documents simply contain recommendations without proposed factual findings. The proposed findings of fact submitted by the parties have been accepted and/or incorporated into this Recommended Order, except as specifically noted in Appendix B attached hereto.

   FINDINGS OF FACT

   
   

   Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Procedural Matters

   
   

   1. After holding noticed public hearings on March 19 and June 12, 1984, the Florida Public Service Commission, by Order Number 13676 issued on September 13, 1984, determined that there was a need for the Florida Power Corporation Lake Tarpon-Kathleen

      500 kV transmission line which is the subject of this certification proceeding. Specifically, the Public Service Commission concluded that the construction and operation of the line would enhance electric system reliability and integrity and would improve the availability of low-cost electric energy within the State. It was further concluded that the Lake Tarpon substation in Pinellas County and the Kathleen substation in Polk County were appropriate starting and ending points for the proposed 500 kV transmission line. The Commission found that the proposed line would complete a 500 kV loop or grid out of the Crystal River plant, maintain system continuity to all 500 kV Substations and avoid customer blackouts.

      
      

   2. Thereafter, on April 29, 1985, Florida Power Corporation filed with the Department of Environmental Regulation its application for site certification of either of two proposed corridors for the 500 kV transmission line to be located between the Lake Tarpon and Kathleen substations. The Department of Environmental Regulation properly provided notice of the application to the statutory parties including the appropriate State agencies, the local water management district, the regional planning councils and each local government within the proposed corridors. Newspaper notice of the Florida Power Corporation application was also published Notices and reminder notices of the certification hearing were published in newspapers of general circulation within counties to be crossed by the proposed transmission line corridors. While one notice of the certification hearing was published 76 days, rather than the Statutorily required 80 days prior to the hearing, no statutory party or other Substantially interested party was prejudiced thereby.

      
      

   3. With the exception of Anne L. Thomas and Florida Satellite Network, Inc., the statutory agencies, listed parties and substantially interested persons included within the Appearances portion herein timely filed their notices of intent to be a party or their petitions to intervene. Ms. Thomas and

      Florida Satellite Network, Inc. were granted leave to intervene on a limited basis during the course of the certification hearing.

      
      

   4. No party proposed an alternate transmission line corridor route for consideration on or before the 50th day prior to the certification hearing. Efforts to present evidence during the certification hearing relating to an alternate corridor and/or to continue the hearing for that purpose were denied.

      
      

      Proposed Corridors

      
      

   5. In its application for certification, Florida Power Corporation proposes a primary corridor and an alternative secondary corridor. Both corridors originate at the Lake Tarpon substation located in Pinellas County just west of the Hillsborough-Pinellas County line and terminate at the Kathleen substation, located north of U.S. Highway 98 in Polk County. The primary corridor is approximately 44 miles in length and the secondary corridor is approximately 47 miles in length. The most westerly 5.5. miles and the most easterly 25 miles of both corridors are identical. The divergent primary segment is 13.5 miles in length while the divergent secondary segment is 16.5 miles in length.

      
      

   6. The westerly combined segments of both the primary and secondary corridors run east for a distance of 5.5 miles from the Lake Tarpon Substation to a point just east of the intersection of Gunn Highway and Mobley Road in Hillsborough County. This 5.5. mile stretch encompasses an existing Florida Power Corporation double-circuit 115 kV transmission line corridor, known as the Higgins-Fort Meade Line, and its associated 100 foot existing right-of-way.

      
      

   7. From the point where the proposed primary and secondary corridors diverge, the primary corridor continues to run east, northeast for a 13.5 mile long stretch in northern Hillsborough County until it meets up again with the easterly combined segments of both corridors. The initial 9.7 miles of this divergent primary segment is 190 feet wide and follows the continuation of the existing cleared and improved Higgins-Fort Meade line and its associated 100 foot right-of-way until it reaches Interstate 275. At I-275, the primary corridor angles northerly, widens to about 1500 feet and parallels the I-275 right-of-way for a distance of approximately 3.8 miles through Cypress Creek until it reaches the I-275/75 interchange at the Pasco Hillsborough County line. There the 13.5 mile divergent primary corridor merges with the 16.5 mile

      divergent secondary corridor and continues east to form the easterly combined segment.

      
      

   8. The divergent secondary corridor, leaving the primary after the first 5.5 miles, turns north and makes some thirteen subsequent turns, heading generally north and then east. Its many turns are the result of an attempt to avoid existing developments and homesites. The divergent segment of the proposed 16.5 mile long secondary corridor is located in both northern Hillsborough and Southern Pasco Counties. It varies in width, going up to 5,000 feet, and the exact location of the right-of-way has not yet been determined.

      
      

   9. The easterly combined Segment of both proposed corridors is generally 1,500 feet wide. This segment, 25 miles long, begins at the I-275/75 intersection and runs east along the Pasco Hillsborough County line to just east of the Hillsborough River where it jogs to the south to avoid homes in Crystal Springs, and it then proceeds northeasterly to the Pasco-Polk County line. The corridor then angles northeasterly through Polk County, crosses a cypress Swamp known as Fox Branch, and ultimately terminates at the Kathleen Substation. Proposed Design, Construction and Maintenance

      
      

   10. Florida Power Corporation proposes to utilize a 190-foot wide right-of-way in all areas except for that portion of the divergent primary corridor which will be located within the existing 100-foot wide right-of-way associated with the Higgins- Fort Meade transmission line. Florida Power Corporation intends to replace the Higgins-Fort Meade line with the new Lake Tarpon- Kathleen line in this area, and use of only the 100-foot wide right-of-way is necessitated by residential development which has occurred on both sides of the right-of-way if a wider right-of-way were utilized in this area of the proposed primary corridor, numerous homes would have to be displaced.

       
       

   11. The 100-foot wide existing Higgins-Fort Meade rights-of- way will remain cleared in its entirety. Except for danger trees and trees exceeding 25 feet in height which could fall on the lines, the 190-foot wide right-of-way will be cleared to a width of 150 feet, with 20 feet being left in a natural state on each side of the right-of-way to act as a buffer. At creek and river crossings, the 190-foot wide right-of-way will only be cleared for

       100 feet. In this area, only vegetation that exceeds 25 feet in height will be removed. Tree stumps and root mats will be left intact to retain the integrity of wetland areas.

   12. Access roads and tower pads will be constructed within the right-of-way in wetland areas. The typical access road will be about 20 feet wide, with side slopes of two feet horizontal for every one foot vertical. Tower pads within wetland areas will be constructed to the same elevation as the access road leading to it and, depending upon the tower structure utilized, will be 130 feet wide by 113 to 155 feet long. Tower pads within the 100-foot wide rights-of-way will not exceed 100 feet so as not to extend beyond the right-of-way.

       
       

   13. The proposed tower designs for the transmission line in the 100-foot wide right-of-way will be one of two types. The first type is a single tubular steel pole with a delta-shaped conductor configuration extending from it and will be 120 to 135 feet high and about 60 feet wide. The second type consists of twin tubular steel poles with a vertical conductor configuration between them and will be 155 to 175 feet high and 32 feet wide. The maximum span between two single-pole structures is 900 feet and the maximum span between two twin-pole structures is 1,200 feet. The towers in the 190-foot wide right-of-way will be one of three types. The first type consists of a guyed vee lattice steel tangent structure, 100 to 125 feet high and approximately 64 feet wide at its widest point. It has very little depth, but is supported by guy wires that extend 60 to 75 feet to each side.

       The second type consists of a self-supported lattice steel tangent structure 100 to 125 feet high and approximately 64 feet wide at its widest point. It has a depth of 23 to 31 feet and requires no guy wires. The-third type is an H-frame tubular steel tangent structure 100 to 125 feet high and about 64 feet wide at its widest point. It has very little depth and requires no guy wires. The normal maximum span between all these types of towers is 1,200 feet, although it may be up to 1,500 feet in Special situations, such as river or road crossings. Once a tower type is Selected for each width of right-of-way, it will be used throughout the right-of-way of that width.

       
       

   14. The types of foundations utilized for the transmission line towers is dependent upon the type of tower design to be installed. For tubular steel structures, either a drilled pier foundation or a vibratory steel casing foundation will be used. For the self-Supporting lattice tower, a drilled pier concrete foundation will be used. For the guyed lattice tower, either a precast foundation or a drilled pier foundation will be used for the tower, and a drilled pier foundation called an auger cast pile will be used for the guys. The foundations will typically penetrate to a depth of up to 50 feet depending on the type of foundation used and the soil conditions at the tower locations.

       
       

   15. The conductors for the transmission line consist of three wires, Separated by spacers and attached to the towers by insulators. The conductor wires for the delta towers will be 34 to 100 feet high, depending upon the point in the span, and will be 1.89 inches in diameter. The conductor wires for the vertical towers will be 34 to 130 feet high, again depending on the point in the span, and will be 1.5 inches in diameter. The conductor wires for the guyed vee lattice, lattice, and H-Frame towers will be 34 to 80 feet high, again depending on the point in the span, and will be 1.3 to 1.4 inches in diameter. The minimum conductor- to-ground clearance at mid-span for all of the proposed towers will be 34 feet at maximum conductor temperature Ground wires will be used to intercept and ground lightning and will run along the tops of the towers and, for all tower types, will be .28 inches in diameter.

       
       

   16. The proposed transmission line will be designed to comply with good engineering practices, and the design codes, standards and industry guidelines contained in the National Electrical Safety Code; the American Welding Society Structural Welding Code for Steel; the American Institute of Steel Construction Code of Standard Practice; the American Concrete Institute Building Code Requirements for Reinforced Concrete; the Southern Building Code; the American Institute of Steel Construction Specifications for the Design, Fabrication and Erection of Structural Steel or Buildings; the American Society of Civil Engineering Guides entitled, "Guide for Design of Steel Transmission Towers," "Design of Steel Transmission Pole Structures," "Guidelines for Transmission Line Structural Loading"; and the American National Standards Institute Standard A58.1 entitled, "Loads for Buildings and Other Structures."

       
       

   17. The Lake Tarpon-Kathleen transmission line will be designed for five loading conditions: an extreme wind loading condition, maintenance loads, loads during construction, contingency loads, and code loads. The line is designed to withstand a reference wind speed of 100 miles per hour in flat, open country with no obstructions, and a reference wind speed of

       130 miles per hour in forested and residential areas where obstructions on the ground baffle, or diminish, the wind speed. The highest reference wind speed recorded by an accepted weather station in Tampa during the past 30 years is 67 miles per hour, and the highest ever recorded is 84 miles per hour. A reference wind speed is a one-minute sustained wind speed that corresponds to the fastest mile of wind passing an anemometer ten meters above ground. Structures designed to withstand a given reference wind

       speed can withstand gusts of greater wind speed. While hurricane force winds along the Gulf Coast may exceed 130 miles per hour, the proposed corridors are located from 9 to 56 miles inland from the coast. The construction loading condition allows for the possible malfunction of equipment during the process of pulling the conductors through the blocks on the transmission line towers. In the unlikely event the conductors become hung up in the blocks, the construction loading condition allows the towers to withstand the induced longitudinal load. The maintenance load criterion ensures that the transmission line towers can withstand the weight of men with equipment climbing out on the structural components during maintenance operations The contingency load criterion allows for the shifting of vertical load in the unlikely event of breakage of a piece of conductor supporting hardware for an insulator. The code load criterion ensures that the transmission line will withstand the wind load set forth in the National Electrical Safety Code. Since the code load is less severe than the extreme wind loading condition for which this line has been designed, the code load was not controlling.

       
       

   18. In addition, standing water will not cause hydrostatic loads on the transmission line towers because they are free- draining. The towers will also withstand a very severe hydrodynamic force, in excess of 25-foot deep water moving two to three times the speed of the Mississippi River, and the towers will also withstand the uplift effects of buoyancy.

       
       

   19. Florida Power Corporation proposes to construct the transmission line in Seven stages, with the total construction process taking between 12 to 18 months. At any given location along the right-of-way, construction crews will be present at intermittent intervals for a total of two to three weeks. During the first surveying stage, survey crews of three to five individuals will establish tower locations and take soil borings at depths of 50 to 60 feet for foundation design purposes, survey and stake the right-of-way and survey and stake the requirement for clearing and access roads. This surveying stage will take approximately three months. In the second stage of construction, the right-of-way will be cleared and the necessary access roads will be constructed. In those portions of the corridor where the Higgins-Fort Meade line will be replaced with the new 500 kV line, this stage will include the removal of existing towers, conductors and foundations to approximately 1 to 2 feet below grade. Vegetation in the upland areas, where not already cleared, will be removed with heavy tracked machinery and the right-of-way will be dressed for future mowing. In wetland areas, vegetation will be removed either by hand or by the use of light tracked shearing

       machines, leaving the stumps and root mats except where they would interfere with tower locations. Wetland areas will not be demucked and cuttings will be either buried or burned in non- residential upland areas. Access roads in wetland areas will be constructed by hauling in fill and spreading it with heavy tracked machinery. Culverts under the roads will be installed to avoid interrupting surface water flow. The fill will be compacted as soon as it is hauled in to encourage revegetation and any other measures that may be necessary to prevent erosion will be undertaken. Fill will be obtained from adjacent upland areas, other upland areas or commercial fill suppliers, but not from wetlands or areas connected to wetlands. The actual locations and sizes of culverts to be used will be determined during post- certification design of the facility and will be reviewed by the agencies having jurisdiction over the access roads.

       
       

   20. Foundations for the transmission line towers will be installed during the third stage of construction and then, during the fourth stage, the materials needed to assemble the towers will be hauled to the appropriate site, and the towers will be assembled on the ground. The tower components will be bolted together and a locking device will be used on each bolt to prevent the nut from backing off. Each tower assembly takes approximately one day or less.

       
       

   21. In the fifth stage of construction, a large crane is brought to the tower site and the assembled towers are hoisted into position and installed upon their foundations. Florida Power Corporation can erect about one tower per hour or seven to eight towers per day.

       
       

   22. In the sixth stage of construction, the conductors and overhead ground wires are installed on the transmission line towers. Temporary wooden pole structures, called guard Structures, are installed at road and utility crossings to insure that conductors do not come in contact with those facilities during installation. Three to four miles of conductor and overhead ground wire are installed at a time. Machines are located at both ends of the Section where the conductors are being pulled, one set to pull the conductors and the other set to maintain tension on the conductors. The contractor will pull the conductors to a predetermined stage which is calculated by the design engineers. Also during this stage, spacers are installed between the three wires which make up each conductor to keep them from coming in contact with one another during high wind conditions. After a section of the conductors is installed, the

       pulling machines advance in a leapfrog fashion to pull in the next section of conductors.

       
       

   23. The Seventh and final stage of construction, cleanup of the right-of-way, actually occurs after each contractor completes a portion of the construction process. Cleanup of the right-of way includes removal of any orating materials used to haul materials to the site, grading of the right-of-way to remove any ruts resulting from construction, and reseeding or replanting disturbed areas of the

       
       

   24. These construction techniques are commonly used in the electric power industry. The construction process will be conducted entirely within the right-of-way unless special and prior arrangements are made with the adjoining property owners.

       
       

   25. After construction is completed, the right-of-way will be maintained by mowing with bushhog equipment in the upland areas and with light tracked shearing machines or by hand in wetland areas. This owing and/or clearing will occur about once every three to four years. Of course, owners of property along the right-of-way may mow and maintain the right-of-way if they desire to do so.

       
       

   26. Herbicides will not be used on the proposed transmission line right-of-way in wetlands, on public well fields or near residential areas. A study on the use of the herbicide Rodeo (trademark) on the Central Florida-Kathleen 500 kV transmission line right-of-way is currently being conducted. After the satisfactory completion of this study, Florida Power Corporation may seek a modification of the certification for the proposed transmission line to gain approval to use Rodeo (trademark) herbicide in wetlands.

       
       

   27. Twice a year, once by ground patrol and once by air, the transmission lines and towers, including hardware, will be inspected by maintenance crews. They will look for damaged insulators (particularly after the hunting season and the lightning storm season) frayed conductors, corroded metal and non- functioning culverts under access roads. Also, a climbing inspection is performed every eight years. Maintenance procedures can and will be conducted entirely within the right- of-way. Surrounding Areas-Primary Corridor

   28. The westerly segment of the primary corridor, identical to that of the secondary corridor, encompasses the existing Higgins-Fort Meade transmission line, a business park, areas of pine flatwoods, pasture lands, palmetto prairie, cypress swamp and citrus groves, a plant nursery, a lake and several ponds. The entire western combined segment crosses 7 lakes and 2 watercourses.

       
       

   29. The initial 9.7 miles of the divergent portion of the primary corridor follows the existing Higgins-Fort Meade line and abuts a number of suburban residential subdivisions, as well as occasional cypress swamps, ponds and citrus groves. The residential subdivisions include the densely populated Northdale, Country Place, Northlakes, Crenshaw Lakes, St. Charles, Crenshaw Acres, Live Oak, Hounds Run and Maple Hill developments. There are approximately 146 homes within 100 feet of the existing 100- foot right-of-way and 381 homes within 300 feet of that right-of- way. These homes and subdivisions were built subsequent to the early 1950's construction of the Higgins-Fort Meade transmission line. The portion of the divergent primary corridor which leaves the Higgins-Fort Meade line (for a distance of approximately 3.8 miles) and parallels I-275 encompasses an extensive area of Cypress Creek. The divergent section of the primary corridor crosses 14 lakes and 5 watercourses.

       
       

   30. The eastern segment of the primary corridor, identical to the eastern segment of the secondary corridor, traverses primarily rural areas, characterized by open pasture land, pine flatwoods and fresh water marsh, cypress and swamp. As the corridor moves into Polk County, it traverses an extensive wetland system known as Fox Branch. The Fox Branch system is the first tributary to the Hillsborough River, which provides drinking water to the Tampa Bay area. The eastern combined segment of both corridors contains 9 water courses, including the Hillsborough River, and 12 lakes. Surrounding Areas-Secondary Corridor

       
       

   31. The western and eastern portions of the secondary corridor are identical to that of the primary corridor and the Surrounding areas have previously been described in paragraphs 22 and 24.

       
       

   32. The 16.5 mile long segment of the secondary corridor which diverges from the primary corridor initially passes through areas of pasture land, citrus groves, cypress swamps and several single family residences, and is adjacent to scattered lakes. After the secondary corridor crosses Van Dyke Road, it is Surrounded by four major planned Single-family and multifamily

       residential developments, a single family residential compound and farm and a 1.5 million gallon per day waste water treatment plant, which are all currently at various stages of development and will be described in more detail below. The divergent secondary corridor continues to cross areas of cypress swamp, open pasture land and several single family residences and abuts numerous lakes, ponds and single family subdivisions, including Whisper Run, Lake Como Club, Country Close, Foxwood, Turtle Lakes and others, as well as a cemetery and a commercial nursery.

       Approximately 500 feet north of the secondary corridor along Dale Mabry highway is the Florida Satellite Network, Inc. cable system head end installation consisting of a 90 foot television antenna for local channel reception and two satellite dish antennas. This facility processes and retransmits signals via cable to some 1,500 cable customers in Land O' Lakes. The divergent segment of the secondary corridor contains some 33 lakes and two water courses.

       
       

   33. Due to the opening of the I-275 corridor, the extension of County Line Road and State Road 54, and the reduction in the amount of land devoted to citrus groves, the area encompassing the divergent secondary corridor is experiencing a boom of activity and rapidly increasing property values. The divergent secondary corridor traverses at least a portion of the newly planned subdivisions of Cypress Bend, Lake Carlton Arms, Villages of Ramblewood and Cheval, as well as the Van Dyke Road Wastewater Treatment Plant planned and designed to serve these new subdivisions. At the time Florida Power Corporation selected the proposed secondary corridor, it was unaware that these developments would occur or, at least, that they would progress so rapidly. This portion of the secondary corridor also encompasses the Maloney/Zambito family residential compound and farm, and traverses a 16-acre dedicated school site. The corridor includes the northern 750 feet of property owned by Live Oak Realty, which property is presently utilized as an operating cattle ranch. A siteplan has been developed for this property which includes dwelling units and a regional shopping center within the proposed corridor.

       
       

   34. The Cypress Bend development has recently commenced construction and includes 173 single family home sites, a club house, tennis courts, racquet ball courts, a pool, 77- acres of man-made lakes, and 424 acres of cypress wetlands, for a total of 965 acres. Most of the residential lots will have either a woodland view or a view of a lake. The main entrance is currently under construction and will connect to Van Dyke Road and Lutz Lake Fern Road. About 26 lots, the main entrance and portions of the cypress wetlands are located within the divergent secondary

       corridor. These cannot be relocated because of developmental, economic and environmental constraints. Expenditures to date by the developers of Cypress Bend include not only the cost of land, but $300,000 for road construction, $52,000 for a 12 inch water main, $118,000 for underground electric facilities and $250,000 for engineering and planning.

       
       

   35. The Lake Carlton Arms development is a residential rental apartment complex located on 477 acres and is currently under construction. It will have 1,912 units in 155 buildings, 4 clubhouses, and includes a 16 acre school site, a fire station, a

       9 acre commercial site, open spaces, a number of man-made lakes, and 203 acres of wetlands and conservation areas. Construction of the lakes and site work is complete and construction of Phase I, consisting of 956 units on the south side of the development, is nearing completion. Construction of future phases will take place along the man-made lakes in the northern portion of the development. Expenditures to date total more than $24,000,000, over and above the cost of the land. The school, which will serve all of the Surrounding developments, 84 units in 7 buildings, and open spaces, as well as access for another 24 units in 2 buildings, will be located within the proposed secondary corridor. They cannot be relocated because of developmental constraints. If the right-of-way is ultimately located so as to avoid the Lake Carlton Arms development, it will then traverse the Villages of Ramblewood development.

       
       

   36. The Villages of Ramblewood is a single family residential subdivision located on 658 acres immediately to the north of the Lake Carlton Arms development and the Van Dyke Road Wastewater Treatment Plant. It is proposed for 908 single family lots with 230 acres of cypress wetlands and conservation areas. Construction of the roads and utilities is currently underway, and expenditures to date total more than $2,000,000 over and above the cost of the land. Two of the villages consisting of a number of lots are located within the divergent secondary corridor. They cannot be relocated due to environmental and developmental constraints. If the right-of-way is located so as to avoid them, it will necessarily be required to traverse the Lake Carlton Arms development and the Van Dyke Road Wastewater Treatment Plant.

       
       

   37. The Cheval development is located on 855 acres just northeast of the Lake Carlton Arms Development and to the east of the Villages of Ramblewood. It is a multi-use development, currently under construction, and will have 193 large single family home sites, 537 multi-family units, including patio and town homes, 88-acres of man-made lakes, tennis and equestrian

       villages, an 18-hole golf course, and a club house with tennis courts and a pool. It will also have a 57 acre equestrian center which will include stables, a grand prix jumping area, 2 polo fields, grandstands and parking facilities, and will be the focal point of the development. Phase 1 of the development is near completion, and expenditures to date total more than $16,000,000. Three large single family lots, the stables and about half of one polo field are located within the divergent secondary corridor.

       They cannot be relocated in a manner that will maintain the integrity of the overall development plan.

       
       

   38. The Van Dyke Road Wastewater Treatment Plant, located on

       22 acres adjacent to the northwest corner of the Lake Carlton Arms development, is now nearing completion after a 3- year permitting and construction process. It is a 1.5 million gallon per day oxidation ditch-type wastewater treatment plant that can be expanded to a 2 million gallon per day capacity. It includes an operations building, 2 large oxidation ditches with 18 feet high concrete walls, other utility buildings, paving, roadways and storage ponds. Expenditures to date total bore than $3,000,000 and its total cost will be $4.5 million. Its operation is a condition precedent to the viability of surrounding developments. The entire plant is located within the divergent secondary corridor and it cannot be relocated. The right-of-way cannot traverse the plant site for safety reasons since the use of large cranes will be required to maintain and expand the plant. While the right-of-way could perhaps be located so as to avoid the plant site, it could not be done without traversing a portion of the Villages of Ramblewood development.

       
       

   39. The Maloney-Zambito family complex, located on 194 acres between the Cypress Bend and Lake Carlton Arms developments, is a family complex that includes a dairy, a thoroughbred horse farm, and several residences. A portion of the property has been divided into 3-acre lots which will be used as homesites for several family members. In addition to the residences that now exist on the property, the Maloney family is currently constructing a new home on one of the 3-acre lots. All of the property is located within the proposed secondary corridor. If the right-of-way is located so as to avoid the Cypress Bend development, it will likely result in the displacement of one or more residences on the Maloney Zambito property and will disrupt the family complex.

       
       

       Impacts of Proposed Corridors upon the Public-Land Use, Land Value and Other Considerations.

   40. Land Area Preempted. The primary corridor is 44 miles long and the secondary corridor is 47 miles long. Because Florida Power Corporation intends to utilize its existing 100- foot right- of-way along the Higgins-Fort Meade line if the primary corridor is certified, it will only need to acquire 28.8 miles of additional right-of-way to complete the primary corridor. The secondary corridor will require the preemption of sufficient land to locate a 190-foot right-of-way across some 41.5 miles.

       
       

   41. Joint Use of Land. The primary corridor will follow the existing Higgins-Fort Meade facility for a distance of 15.2 miles. Other linear facilities, including a draining ditch and an electrical distribution line, currently share this existing right- of-way. The primary corridor will also follow the I-275 right-of- way for approximately 3.8 miles and the County- Line right-of-way for about 2.5 miles. Thus, existing linear facilities are followed for 21.5 miles of the primary corridor's total 44 mile length. Joint uses of existing linear facilities are encouraged by state, regional and local comprehensive plans. The secondary corridor will only align itself with approximately 6.5 miles of existing linear facilities.

       
       

   42. Displacement of Residences. A greater number of occupied residential homesites presently exist adjacent to the proposed divergent segment of the primary corridor. Because the 100-foot right-of-way for the Higgins-Fort Meade transmission line was in existence prior to the construction and development of nearby homes, and because future development has been and is now precluded within that right-of-way, no displacement of homes will be required in the primary corridor. However, if a right-of-way wider than 100 feet is utilized in the dense residential areas along the existing line, numerous homes would have to be displaced. Location of the corridor in the divergent secondary segment could well result in the displacement of both existing residences and those currently under construction or development, as well as a wastewater treatment plant and commercial businesses. When the secondary corridor was initially chosen by Florida Power Corporation, the area contained relatively low density development and the potential of locating most of the right-of-way outside the boundaries of existing and known planned developments. However, that scenario has now changed and is continuing to change on a rapid basis. Since there is no existing right-of-way within the divergent secondary segment, it is reasonably probable that new homes will be placed within the secondary right-of-way, and thus require displacement if the secondary corridor is certified. Population projections indicate that the numbers of residents within the two corridors will be nearly equal in the future.

       
       

   43. Impacts on Existing and Future Developments. The area along the existing Higgins-Fort Meade line, at least within the divergent primary segment, is basically already fully developed, and future development will not be disrupted any more by the location of the primary corridor there than it is by the existing right-of-way for the Higgins-Fort Meade line. Almost all of the developments along the divergent primary segment were placed there after and were planned with reference to the Higgins-Fort Meade line and its 100-foot right-of-way. The area along I-275 is primarily a wetland area unsuitable for future development. While there is now no existing development along the easterly combined segments of both corridors, it is conceivable that there could be future development in that area. Because of the rapidly developing nature of the divergent secondary segment, the fact that there is no existing protected right-of-way and the large numbers of lakes and wetlands located within that area, it will be very difficult to locate a right-of- way within that secondary segment so as to avoid dividing properties, displacing homes or leaving properties with limited developable uplands. Future development could be severely disrupted by the placement of the secondary corridor in the 16.5 mile area which diverges from the primary corridor.

       
       

   44. Land Values. Testimony was offered concerning several studies on the impact of transmission lines upon property values. None of the studies were Site-specific to the Lake Tarpon-Kathleen transmission line and the literature on the subject is inconclusive as to the effect of transmission lines on adjacent property values. A study conducted in Hernando County concluded that, depending upon the type of property involved, there is a 24 percent to 44 percent loss in value of property located adjacent to a transmission line. The study from which such conclusions were drawn contains deficiencies in that, in some instances, only one sale was recorded, sales were not verified to assure they were the result of arm's length transactions, median values were used when there was only one or a small number of sales and the study was Site-specific to Hernando County.

       
       

   45. Land use impacts, and their effect upon land use values, have already occurred in the divergent primary section as a result of the existing Higgins-Fort Meade transmission line and I-275. The values of residential properties along the existing transmission line already reflect the location of such a line. Florida Power Corporation has no intention of removing that line or abandoning that right-of-way even if the proposed primary corridor were not certified.

       
       

   46. The potential adverse impact upon land values if property cannot be developed for residential use within the divergent secondary segment could be great. Planned developments would need to be reduced in size or scope, thus making the property less desirable and less valuable for purchase or development.

       
       

   47. Visual impacts. Along the 15.5 miles where the Higgins- Fort Meade line presently exists, there should be no significant new visual intrusion. Though the towers for the proposed line will be higher than those within the existing corridor, they will also be sleeker and less intrusive. The visual intrusion of lattice towers and other transmission facilities already exists in the immediate area of the westerly and divergent segments of the primary corridor. The visual intrusion in other areas will be mitigated by alignment of the line with the I-275 right-of-way and by the sparsely populated rural nature of the lands in the combined easterly segment of both corridors.

       
       

   48. Placement of the transmission line in the proposed divergent segment of the secondary corridor will result in a new visual intrusion for residents of existing and nearly completed subdivisions located therein. Because of the meandering design of the secondary corridor, the transmission lies could form a virtual semi-circle around some lakes and developments, thus creating a greater visual intrusion than a single set of lines or towers located in only one direction from the adjacent property.

       
       

   49. Noise. The transmission line, no matter where it is located, will generate some noise as a result of a process called corona, and also, to a lesser extent, as a result of wind and insulator scintillations. Corona occurs when a foreign substance like water gets on the conductor wires and causes the level of the electrical field to exceed the electrical strength of air. This causes a burst of energy that heats and applies force to the air and moves air molecules around as sound waves. Under normal fair weather conditions, which occur in this area 90 percent of the time, the noise levels produced by corona will be less than ambient and unmeasurable. During rainy weather, which occurs about 10 percent of the time, the median noise level will be 40.7 to 42.3 dBa at the edge of the right-of-way, with diminishing levels thereafter. Under certain unique conditions, the noise level could rise an additional 3 or 4 dBa, but never as much as an additional 7.5 dBa. To put this in perspective, under normal conditions, the noise level will be more quiet than a rural nighttime ambience, but during rainy weather, the noise level will

       be roughly equal to a quiet urban nighttime level. Direct comparison is difficult because different noises have different annoyance levels. Some studies have indicated that noise produced by the corona process is more annoying than other types of noises because of its crackling and popping and conclude that a penalty of somewhere around 5 dB should be added to corona noise for comparison purposes. If the penalty were added, the noise level would be roughly 44 to 48 dBa on median, which is much like a quiet urban daytime noise level. The noise levels expected will be Substantially below the maximum level permitted under Hillsborough, Pasco and Pinellas Counties' noise ordinances, with or without the penalty. Studies of other transmission lines indicate that noise levels of less than 52.5 dB receive little or no complaints.

       
       

   50. Radio and Television Interference. The bursts of energy that occur during the corona process can, under certain circumstances, cause interference with radio and television reception. Because F.M. radio transmission uses a frequency modulation which is immune to amplitude noise, the proposed transmission line will have no effect on F.M. radio reception.

       A.M. radio does use an amplitude modulation which can be susceptible to transmission line noises. However, during fair weather conditions the proposed transmission line will not interfere with A.M. stations which meet FCC Type A signal service, which include those stations providing strong enough signals that they would be free of naturally occurring atmospheric interference

       90 percent of the time. During foul weather, there may be some interference with some Type A stations at the edge of the right- of-way. However, such interference during stormy weather could occur even in the absence of the transmission line and the interfering effect of the line will not be substantially different than other atmospheric interferences.

       
       

   51. Television transmission uses frequency modulation for sound and amplitude modulation for the video or picture. Thus, the picture can receive interference from transmission lines in the form of a band of snow or ghosting on the screen. However, under fair weather conditions, the Lake Tarpon-Kathleen transmission line will cause no interference with television stations servicing the area. During foul weather, there could be some minimal interference with only Channel 3, and only in the worst case situation where the transmission line is operating at its maximum voltage and the receiving antenna is located immediately adjacent to the edge of the right-of-way or is oriented in a direction such that it receives the maximum amount of transmission line noise. Such worst case conditions are

       unlikely to occur and, if they do, Florida Power Corporation has agreed to correct interference problems arising therefrom.

       Microwave receivers, such as satellite dishes, experience no interference from corona. If a receiving station is located near a transmission line and utilizes a high gain antenna with large amplifiers to pick up weak stations, there is some potential for interference. Florida Satellite Network, Inc. does operate a standard television reception antenna atop a 90 foot high radio tower in order receive 9 local television signals. The tower is located approximately 500 feet north of the northern boundary of the secondary corridor. The evidence was insufficient to establish whether or not the proposed transmission line, if placed in the secondary corridor, would create interference during foul weather conditions. As noted above, Florida Power Corporation agrees to investigate and correct all valid complaints of radio and television interference caused by its transmission lines.

       Human Health and Safety

       
       

   52. Lightning Strikes. Lightning, an electrical discharge that begins in the clouds and progresses to the ground, is generally attracted and diverted to the tallest object. Transmission line towers are often the tallest structure in an area and they are often struck by lightning. Since the large surges in voltage in current caused by lightning can damage transmission line equipment, power companies attempt to protect their investments by placing static wires, or overhead ground wires, above the conductors to interrupt the lightning and route it through the tower structure to an extensive grounding system at the base of the structure. This process creates no significant risk to people or residents adjacent to the right-of-way and, in fact, may attract and ground lightning strikes that would otherwise strike elsewhere in the area.

       
       

   53. Electric Shock. Electric shock is the sensation a person feels when current passes through the body. It can range from a very low perception to a startled reaction and, at high levels, it can be fatal. Electric and magnetic fields associated with transmission lines can cause electric currents to be induced in objects. If one touches a conductive object within or adjacent to the transmission line right-of-way, a small amount of current could flow from the object through his body to the ground.

       Whether this produces an electric shock depends on the magnitude of the current. Common thresholds are one milliamp for steady state preception, two milliamps for startled reaction, and 4.5 Quo

       9 milliamps for safe let-go levels, the threshold being dependent on body limb size and weight. Florida Power Corporation proposes to construct and operate this transmission line to comply with and

       exceed the National Electrical Safety Code, 1984 Edition (NESC). The NESC requires that induced currents be less than 5 milliamps. This line will produce maximum induced current in the largest objects found within pedestrian access areas of about 2.87 milliamps during normal load conditions; and of about 3.49 milliamps during emergency load conditions. Emergency load conditions occur very infrequently (once a year) and last no more than 3 to 4 hours. The line will produce maximum induced currents in the largest objects found in residential and secondary streets of about 4.10 during either normal or emergency load conditions and will produce maximum induced currents in the largest objects found on major highways of about 4.29 during either normal or emergency load conditions. It will produce progressively lower induced currents the further the distance from the line. There could conceivably be some higher induced currents in fences within the right-of-way or large metal buildings located adjacent to the right-of-way, but Florida Power Corporation routinely grounds such objects. Surveys of utilities operating 500 to 765 kV lines demonstrate that there have been no reports of injury from and very few complaints concerning electric shocks. While perceptible shocks could occur, they will be brief and result in no physiological harm. It is estimated that Florida Power Corporation will receive one complaint based on perceptible, but not harmful, electrical shock for every 35 years of operation of this line.

       
       

   54. Shock problems can arise for honey bee hives located in or near the right-of-way due to the electrical characteristics present in the bee hive and the bees when they are located within an electrical field. The problem can be eliminated by placing over the hive a grounded screening device, such as chicken wire or a metal plate. Florida Power Corporation has agreed to inform affected beekeepers of this problem and the solution thereto

       
       

   55. Spark Discharge. When induced current becomes trapped and builds up in objects that are well insulted from the ground, a grounded object coming in contact with it can create a spark, such as that which occurs when a person walks on carpet and then touches a door knob. While these sparks may create a nuisance, they do not cause physiological harm. There is some concern that a spark discharge could contain sufficient energy to ignite gasoline vapors when there exists an optimum mixture of vapor and air. Scientists have produced such a result under contrived conditions, but there is no evidence that this has occurred in practice. There is little likelihood of such an incident occurring because of the number of things which would have to occur simultaneously in order to create the necessary conditions.

       
       

   56. Falling Conductors. In the unlikely event that a subconductor breaks and falls to the ground, it will establish a spark, known as a fault. The increase in current will be detected by relays at both ends of the line and circuit breakers will immediately de-energize the line and disconnect that line from the rest of the substation. The total time between a conductor approaching the ground and establishing a fault condition to the time that the system is turned off will be about 60 thousandths of a second.

       
       

   57. Biological Effects of Electric and Magnetic Fields. When energized with electricity, transmission lines produce both electric and magnetic fields. On an electromagnetic spectrum, telephone and power lines would be at the bottom with respect to intensity, followed by television and radio waves, microwaves, infra red, ultra violent, x-rays and gamma rays. Whether or not low frequency electromagnetic fields (EMF) associated with transmission lines and other sources of electrical energy may interact with humans, animals and plants to cause harmful biological effects has been the subject of inquiry debate within the scientific community for a number of years.

       
       

   58. The record of this proceeding contains the testimony of experts and documentary evidence concerning the biological effects of EMF, as well as the statements from members of the public expressing apprehension and fear about the health hazards associated with transmission line EMFs.

       
       

   59. For the Lake Tarpon-Kathleen transmission line, the maximum (which occurs for only a few hours a day) electric fields within the right-of-way during normal load periods will be between

       6.79 and 7.37 kilovolts per meter depending upon the tower configuration utilized and the width of the right-of-way. During emergency load conditions (which occur only once a year for three or four hours) the electric fields will range between 8.07 and

       8.84 kilovolts per meter. At the edge of the rights-of- way, the maximum electric field strengths are 1.90 (190-foot right-of-way),

       3.43 (100-foot right-of-way, delta configuration) and 1.56 (100- foot right-of-way, vertical configuration) for normal loads and 1.85, 3.52 and 1.41, respectively, for emergency loads. The maximum magnetic fields within the right-of-way during normal loads will range between 96.0 milligaus (190-foot right-of-way) and 67.0 milligaus (100-foot right-of-way). During emergency loads, these same figures range between 709 and 470 milligaus. At the edge of the rights-of-way, the range of maximum magnetic fields during normal loads are 24.0 (190-foot right-of-way) and

       37.0 (100-foot right-of-way), and during emergency loads 154 and

       242 milligaus. While electric fields can be shielded by physical objects, such as trees and houses, magnetic fields cannot be shielded unless the physical objects have strong magnetic properties. The field values listed above are maximum theoretical values and would be affected by variations in current flows and shielding by other objects. Also, the fields could be slightly higher along portions of the divergent secondary corridor because the numerous angles and turns could result in a convergence of fields from more than one direction.

       
       

   60. Dr. Andrew Marino, a bio-physicist, is of the opinion that electric fields are stressors of biological organism's which contribute to the incidence of all types of diseases. He concludes that the electric field at the edge of a right-of-way should be no greater than 50 volts per meter, thus necessitating a right of way width in this case of 400 feet on each side of the centerline or a total width of 800 feet.

       
       

   61. Dr. John Norgard, an electrical engineer, felt that the electric field at the edge of the right-of-way should be no greater than 434 volts per meter, thus necessitating a minimum right of way width for this line of 330 feet.

       
       

   62. Though not qualified as an expert in the health effects of EMF, Karen Anthony, DER's transmission line siting coordinator, had no real concerns regarding the health effects of electric fields associated with transmission lines. However, she perceives a need for caution with respect to magnetic fields and adverse health effects and would prefer a right-of-way width of 190 feet so as to reduce the edge of right-of-way magnetic field strength by 13 milligaus during normal load conditions and by from 75 to 88 milligaus during emergency loads. This preference for a 190-foot right-of-way is not contained in a DER existing or proposed rule and no standard for magnetic fields or other evidence of known adverse health effects from magnetic fields was offered during the course of this proceeding. Dr. Morton Miller, a research biologist, concludes from his own experiments and a review of the Scientific research that, in spite of numerous attempts to do so, no deleterious biological effects have been found from the interaction of EMFs and biological organisms.

       
       

   63. Dr. Jerry C. Griffin, a medical doctor, does not believe that there are any demonstrated or accessible adverse health effects from EMF exposure to the fields expected from this transmission line. While there is a potential risk to wearers of

       one type of cardiac pacemaker, this same risk exists from exposure to the EMF's associated with common household appliances.

       
       

   64. Dr. H. B. Graves, a research biologist, does not believe that exposure to the electric and magnetic fields associated with this transmission line will cause adverse health effects in plants, animals or persons. Dr. Graves was also chairman of the Florida Electric and Magnetic Fields Science Advisory Commission which authored a report published in March of 1985, entitled "Biological Effects of 60-Hz Power Transmission Lines." The study had the participation of DER and the United States Department of Energy and was funded by the Florida Power Coordinating Group. It was the conclusion of this report that it is unlikely that human exposure to 60Hz EMFs from high voltage transmission lines presents a public health problem. Other reputable scientific groups have reached the same conclusion. The Florida Commission did concede that ambiguities in currently available scientific knowledge do exist and thus it can not be concluded with absolute certainty that there is no chance that a public health problem exists. New scientific developments should continue to be monitored.

       
       

   65. An analysis of the totality of the evidence presented in this proceeding on the EMF issue results in the finding that this transmission line will not cause or lead to adverse biological effects. Impacts of Proposed Corridors upon the Environment Water

       Resources, Vegetation and Wildlife.

       
       

   66. Water Resources. The primary and secondary corridors traverse or contain a variety of surface water resources. These water resources are characteristic of the central Florida area and include natural and manmade ponds and lakes, flowing streams, rivers, cypress swamps, mixed hardwood swamps, freshwater marshes and other kinds of wetlands, including areas which are only seasonally inundated. The largest wetland areas crossed are those associated with Cypress Creek near I-275 and with Fox Branch, a tributary to the Hillsborough River. The major receiving waters for these lakes and watercourses are (from west to east) Double Branch, Rocky Creek, Hillsborough River, Cypress Creek and South Branch. All lakes and watercourses crossed by the proposed corridors are designated as Class III waters by Chapter 17-3, Florida Administrative Code. There are no Outstanding Florida Waters within the proposed corridors. There are three public drinking water supply well fields located near the divergent secondary corridor. There are no springs in either corridor. The proposed primary corridor contains a fewer number of waterbodies than the proposed secondary corridor, and many of the water bodies within the primary corridor are already within the existing Higgins-Fort Meade right-of-way.

       
       

   67. Florida Power Corporation has committed to utilize a number of construction, operation and maintenance techniques in wetlands to avoid any potential adverse hydrologic and water quality effects. For example, in wetlands clean fill will be used, no stump removal or demucking will occur, felled timbers will be placed beneath roads to bear traffic and minimize soil compaction, roads will be constructed to a height of only one foot above water level to allow for surface flow and culverts will be installed to maintain sheet flow. Roadways will be rapidly revegetated to provide stability. Because of the low flow velocities in affected wetland areas, the effects of increased turbidity during construction should be minimal and temporary.

       
       

   68. The construction and maintenance of the transmission line will have no measurable effect upon groundwater. Since all borings and drill holes will be grouted, there will be no disturbance of the separation between the surficial and the Floridan aquifers and groundwater flow will not be impeded by soil removal.

       
       

   69. Because it is impractical to delineate site-specific designs for activities within wetlands during the corridor certification process, Florida Power Corporation has agreed to a

       post-certification review process for approval of site-specific dredge and fill activities. Compliance with the stipulated conditions of certification as set forth in Appendix A will provide DER and SWFID with reasonable assurances that water quality standards will be complied with.

       
       

   70. The Fox Branch System. As noted, Fox Branch is a tributary of the Hillsborough River and is comprised of some 2,450 acres of forested wetland. It drains the northwest flow of the Lakeland Ridge, an urbanized area of relatively high elevation located north of the City of Lakeland. The proposed corridor crosses the Fox Branch system at its widest point and the right- of-way could not be located to avoid the wetlands. While the 1,500-foot wide corridor includes a total of about 135 acres of wetlands associated with Fox Branch, only about 15.86 acres would be included within the cleared 150-foot wide right-of-way. Only

       0.65 percent of the total wetlands will be cleared and only about

       2.2 acres or 0.09 percent of the total wetlands will be filled for access roads. The conditions of certification attached as Appendix A require post-certification review by the appropriate agencies of all jurisdictional dredge and fill activities. The proposed construction techniques, conditions of certification and post-certification review of construction across Fox Branch are adequate to protect the water resources of that area.

       
       

   71. Vegetation. In areas outside the existing Higgins-Fort Meade right-of-way, the proposed 500 kV transmission line will result in some loss and disturbance of plant life. The vegetation communities which occur in both corridors are typical to those found in similar areas throughout central Florida. No unique or endangered species of plant life have been observed in either corridor. While canopy and tall wood vegetation will be cleared along the proposed rights-of-way, plant communities will not be totally destroyed. Rather, the clearing and maintenance will force a shift from the existing successional stages of vegetation to an earlier successional stage. The divergent secondary segment of the corridor contains a greater number of unaltered and undisturbed wetlands, but the divergent primary segment includes the more extensive, mature and diverse vegetation community associated with Cypress Creek, though this waterbody has been previously disturbed by I-275. If proper construction and maintenance techniques are followed, as proposed and as set forth in the conditions of certification, any adverse impacts upon vegetation communities should be minimized.

       
       

   72. Wildlife. Since both proposed corridors contain many areas of swamp, marsh, lakes, ponds, streams and forested

       wetlands, there are numerous species of wildlife which inhabit these areas. Both corridors contain similar habitat types and the value of any particular area for supporting wildlife habitat is primarily determined by the size of the area and the degree to which the area is developed or otherwise disturbed. There are no particularly unique habitats located within the divergent segment of the primary corridor and there are no known endangered or threatened wildlife species residing therein. Because the divergent secondary corridor is longer and more undeveloped at this point in time, it contains a larger amount and greater diversity of undisturbed wildlife habitat than does the divergent primary segment. Also there are two endangered or threatened species which actually reside within or adjacent to the divergent secondary corridor. These are the Southern Bald Eagle and the Florida Sandhill Crane.

       
       

   73. There are two apparently active bald eagle nests located south of the southern edge of the secondary corridor. One is approximately 1,000 to 1,100 feet south and the other is approximately 1,500 to 1,600 feet south of the edge of the corridor. While the corridor in this area does not cross any open water, there are lakes and ponds to the north of the corridor in which the eagles may feed, and the corridor lies between the nests and these lakes and ponds. The potential for injury to the eagles from collision with the transmission line is slight due to the visual acuity of an eagle and the fact that only about 0.07 percent of the bird population in general dies as a result of collision with power lines. There are no federal or state laws prohibiting a transmission line within a certain distance of an eagle's nest, though the U.S. Fish and Wildlife Service does have a guideline indicating that activities within 1,500 feet of an eagle's nest should be reviewed to minimize effects. Florida Power Corporation has agreed to a condition of certification which calls for such a review and has agreed to consult with the Florida Game and Fresh Water Fish Commission regarding the type and timing of construction activities should the right-of-way be located within 1,500 feet of a bald eagle's nest. Active eagles' nests do presently exist near other transmission lines in Florida.

       
       

   74. Though difficult to distinguish from the migratory, unthreatened Greater Sandhill Crane, the non-migratory, threatened Florida Sandhill Crane has been sighted within or near the divergent segment of the secondary corridor. While there is a potential for a disturbance of this threatened species from the construction and existence of a transmission line, there was insufficient evidence to establish that the secondary corridor contains critical habitat features or that the Florida Sandhill

       Crane actually nests within or near the proposed corridor. As noted above, collisions with transmission lines have had no significant effect upon other bird populations.

       
       

       Nonprocedural Requirements of Agencies.

       
       

   75. If the conditions of certification attached hereto as Appendix A are imposed and met, the location, construction and maintenance of the transmission line will comply with the non- procedural requirements of state, regional and local governmental agencies. Variances or exceptions from local zoning ordinances may be required in some instances, and Florida Power Corporation provided notice in its application of those specific regulations from which variances, exceptions or exemptions may be required. However, insufficient evidence was adduced during the certification hearing to permit a factual finding as to the actual types of zoning variances or exceptions which may be required.

       The exact location of the rights-of-way and the placement of structures within-the rights-of-way will be determinative of the need for local zoning variances or exceptions. Comprehensive Plan Considerations.

       
       

   76. Transmission lines are generally compatible with the various types of land uses which will be traversed by both the primary and secondary corridors. However, the primary corridor is much more consistent with the various local comprehensive plans than is the proposed secondary corridor. This is primarily due to the fact that the primary corridor, both in its westerly segment and in its divergent segment, follows existing rights-of way, including the Higgins-Fort Meade transmission line and I-275, thereby coordinating linear facilities and minimizing conflicting land uses. Placement of the 500 kV line and towers within the right-of-way for the existing Higgins-Fort Meade line will present only incrementally greater land use impacts as opposed to completely new impacts, both aesthetic and environmental, were the line to be located within the divergent secondary segment. Both the Pasco County and the Hillsborough County comprehensive plans encourage harmonious surrounding land uses, the preservation of viable neighborhoods and the promotion of joint uses of land. Location of the line in the primary corridor, because of the prior existence of the Higgins-Fort Meade line, will be consistent with the objectives contained within the Hillsborough County comprehensive plan, known as the Horizon 2000 Plan. The Hillsborough County plan does contain a policy of protecting residential areas from encroachment by undesireable and incompatible uses and the permission of only those activities which directly serve the residential area affected. The proposed

       500 kV line will not service the residents in the primary corridor. However, since the residential areas existing along the Higgins-Fort Meade right-of-way developed subsequent and in spite of the existence of that right-of-way, it is found that the location of the new line within the proposed divergent primary corridor does not constitute the encroachment of an undesirable or incompatible use. Likewise, it is found that the proposed 500 kV line and associated facilities will not constitute a "blighting influence" within the prohibition of Hillsborough County's Policy 2.3.1.1.3.

       
       

   77. Construction and maintenance of the proposed transmission line as planned and in accordance with the conditions of certification will not be inconsistent with either the Polk County Comprehensive Plan or the Tampa Bay Regional Planning Council's growth policy. As noted above, proper construction and maintenance will not adversely affect the flow regime, the recharge capabilities or the filtering capabilities of the Fox Branch wetland system.

       
       

       Cost Considerations.

       
       

   78. Florida Power Corporation estimated the costs of the location and construction of the Lake Tarpon-Kathleen transmission line in both the proposed primary and secondary corridors. The estimated costs include costs for right-of-way acquisition, right- of-way preparation, road construction, tower construction, angles and other structures and conductors. The estimated costs include a 19 percent markup for indirect costs. The estimated costs do not include the acquisition of improvements that may be within the rights-of-way, severance damages to adjoining lands or the costs of acquiring the land through eminent domain proceedings. These latter costs were not included because they vary from parcel to parcel and are difficult to estimate. They will, however, clearly be incurred and will be substantial.

       
       

   79. Florida Power Corporation estimates that the cost of locating and constructing the line in the primary corridor will range between $24,386,000 and $32,994,000 if the delta towers are used, and between $24,071,000 and $32,568,000 if the vertical towers are used. The estimated costs for the secondary corridor are between $26,459,000 and $35,800,000. The prime difference in costs between the two corridors are the costs associated with the acquisition of the rights-of-way.

       
       

   80. The evidence establishes that the estimated costs for right-of-way acquisition within the divergent segment of the

       secondary corridor are greatly understated. This is due to the noninclusion of costs associated with eminent domain proceedings and costs for severance damages. Since some 12.7 miles more right-of-way must be acquired in the secondary corridor, the amount of these costs will greatly increase the overall secondary

       corridor costs estimated. Also, the trend toward more development in the secondary corridor will increase land values with the passage of time. In addition, the estimated cost for the primary corridor did not include a credit for the salvage value of the components of the Higgins-Fort Meade line which will be dismantled.

       
       

   81. In any event, the cost of the project will be at least

       $2 million to $3 million less if the primary corridor rather than the secondary corridor is utilized, and the differential in costs in favor of the primary corridor is most likely much greater.

       
       

   82. The issue of whether Florida Power Corporation has either abandoned or overburdened its existing Fort Meade-Higgins right-of-way in the 9.7 mile long divergent segment of the primary corridor has been fully briefed and the easement documents were received into evidence. Obviously, if the 100-foot right-of-way cannot be utilized without acquiring new easements or enlarging and enhancing existing easements, the cost of the primary corridor will be greatly in excess of that estimated by Florida Power Corporation. Florida Power Corporation did include some costs in its estimate for the acquisition of additional easement rights within the divergent primary segment.

       
       

   83. The Higgins-Fort Meade transmission line right-of-way was established in 1951. Florida Power Corporation acquired a number of express easements by grant, almost all of which allow Florida Power Corporation to improve, repair and rebuild the lines and increase the number of lines and voltage. The rights to the right-of-way continue as long as Florida Power Corporation uses them or until use is abandoned. In those few instances where there is no express easement, Florida Power Corporation has acquired prescriptive rights to the easement.

       
       

   84. In October or November of 1984, Florida Power Corporation de-energized the Higgins-Fort Meade double-circuit 115 kV transmission line. No lines or structures have been removed. At all times, it has been Florida Power Corporation's intent to either use the existing right-of-way easements for an upgraded transmission line or to sell the easements to another power company. Florida Power Corporation has never intended to abandon its 100-foot right-of-way within the primary corridor and did not

       do so by de-energizing the line in late 1984. There was insufficient evidence adduced to conclude that the replacement of the existing line with a 500 kV line would overburden existing easements to the extent that additional compensation would be required.

       
       

       Preference of Florida Power Corporation.

       
       

   85. Primarily because of the rapidly developing nature of the area surrounding the proposed secondary corridor, the consequences of that factor upon land use and cost considerations, and the prior existence of the Higgins-Fort Meade rights-of-way, Florida Power Corporation prefers that all segments of the proposed primary corridor be certified for the location of the Lake Tarpon-Kathleen 500 kV transmission line.

       
       

       CONCLUSIONS OF LAW

       
       

   86. This certification proceeding was held pursuant to the Transmission Line Siting Act, Sections 403.52-403.539, Florida Statutes (1983) and Chapters 17-17, Florida Administrative Code. The purpose and intent of this centralized and coordinated permitting process is:

       
       

       "to fully balance the need for transmission lines with the broad interests of the public in order to effect a reasonable balance between the need for the facility as a means of providing abundant low-cost electrical energy and the impact on the public and the environment resulting from the location of the transmission line corridor and the construction and maintenance of the transmission lines.

       Section 403.521, Florida Statutes.

       
       

   87. In order to accomplish this purpose and intent, the legislature has set forth specific requirements regarding reports and studies from various agencies, notice of the application and the certification proceeding, the offering of alternate corridor routes for consideration and the criteria to be considered in determining whether an application should be approved in whole, approved with modifications or conditions, or denied.

       
       

   88. The testimony and evidence in the record of this proceeding demonstrates substantial compliance with the procedural requirements of the Transmission Line Siting Act with regard to

       the studies and reports from agencies and all notice requirements. While one or more newspaper notices were published a few days later than the statutory requirements, it is specifically concluded that all parties to this proceeding, as well as members of the general public, have had proper notice and were afforded an adequate opportunity to raise and address any and all relevant factual and legal issues.

       
       

   89. Section 403.527(5), Florida Statutes provides the mechanism and procedure for a party, other than the applicant, to propose for consideration alternative transmission line corridor routes. Notice of such proposed alternative routes must be filed no later than 50 days prior to the certification hearing. The statute specifically provides that if the 50-day notice is not filed, "no evidence shall be admitted at the certification hearing on any alternate corridor." Section 403.527(5)(e), Florida Statutes (1983). In accordance with that statute, the undersigned sustained objections to attempts to offer evidence concerning other potential corridors during the certification hearing. Several parties moved to continue the hearing and/or to hold the hearing open for the purpose of proposing an alternate corridor route, particularly for the easterly combined segment traversing Polk County. These requests were denied on the grounds that all parties had been afforded adequate notice of these proceedings and that good cause had not been demonstrated for alteration of the time limitations set forth by statute. See Section 403.528, Florida Statutes.

       
       

   90. The record of this proceeding, either through oral or documentary evidence or by stipulation of all parties, supports the conclusion that all parties to this proceeding have standing to participate as parties.

       
       

   91. Florida Power Corporation has applied for certification of either a proposed primary or a proposed secondary transmission- line corridor route. In order to reach a determination as to whether one or both corridors are proper for certification, it must be determined whether, and the extent to which, the location of the corridor and the construction and maintenance of the transmission line will:

       
       

       "(a) Ensure electric power system reliability and integrity;

       1. Meet the electrical energy needs of the state in an orderly and timely fashion;

       2. Comply with nonprocedural requirements of agencies;

       3. Be consistent with applicable local government comprehensive plans; and

       4. Effect a reasonable balance between the need for the transmission line as a means of providing abundant low-cost electrical energy and the impact upon the public and the environment resulting from the location of

          the transmission line corridor and maintenance of the transmission lines." Section 403.529(3), Florida Statutes.

          
          

   92. The need for a 500 kV transmission line between the Lake Tarpon and Kathleen substations as a means of providing abundant low-cost electrical energy has been established by the Florida Public Service Commission in its Order Number 13676 issued on September 13, 1984. That determination of need is final, is not subject to collateral attack and is binding upon all parties to this site certification proceeding. Section 403.537(1)(c), Florida Statutes. The Public Service Commission is the sole determiner of the need for a transmission line and the degree of that need is not a proper issue for determination in the site certification hearing. Florida Chapter of the Sierra Club v. Orlando Utilities Commission, 436 So.2d 383 (Fla. 5th DCA, 1983). While the statutory criteria require that a reasonable balance be effected between the need for a line and the public and environmental impacts resulting from the proposed location of that line, the pertinent inquiry in the site certification proceeding is whether there are sufficient adverse effects from the proposed location so as to outweigh the need for the line.

       
       

   93. The evidence in the record supports a conclusion that electric power system reliability and integrity will be ensured and the electrical energy needs would be met in an orderly and timely fashion by the location of the transmission line in either the proposed primary or the proposed secondary corridors. Likewise, the evidence supports a conclusion that the location, construction and maintenance of the transmission line in either of the proposed corridors would be in compliance with the nonprocedural requirements of state and regional agencies if it is done in accordance with the application and the conditions of certification set forth in Appendix A. The broad interests of the public are addressed through the jurisdiction of the various state and regional agencies which are parties herein. Since Florida Power Corporation is able to meet those requirements, it is concluded that, to the extent any variances or exceptions from local zoning ordinances may be required when the ultimate rights- of-way and the location of structures therein are selected, such

       variances or exceptions would not be contrary to the public interest and the same should be granted, if needed.

       
       

   94. The location of the 500 kV transmission line in either the primary or the secondary corridor would be reasonably consistent with applicable local government comprehensive plans. However, placement of the line in the primary corridor is much more consistent with such comprehensive plans than is placement of the line in the secondary corridor. This is primarily due to the existence of the Higgins-Fort Meade transmission line right-of-way for some thirty-five years within the divergent segment of the proposed primary corridor. Existing and future surrounding land uses have been planned with reference to that line and right-of- way and the new proposed line will not be an incompatible or conflicting land use in that area. Impacts upon surrounding land uses, if any, will be only incrementally greater than those which currently exist. In the secondary corridor, any impact would be a new impact and there would be no coordination with existing linear facilities as would occur in the primary corridor. Existing and future residential neighborhoods and developments would receive a greater interference by the presence of the line in the secondary corridor than in the primary corridor. From a land use perspective, the primary corridor is far superior and preferable to the secondary corridor.

       
       

   95. The last criterion requires that a reasonable balance be effected between need and the impacts upon the public and the environment. There is no requirement that either the existence or the location of a transmission line be impact-free. Indeed, it is recognized in Florida that transmission lines will have an effect upon the welfare of the population; and the goal is to ensure that their location, construction and maintenance produces only minimal adverse effects on the environment and the public health, safety and welfare. Section 403.521, Florida Statutes.

       
       

   96. Placement, construction and maintenance of the transmission line in the proposed primary corridor will produce minimal adverse effects upon the public and the environment. Once again, this conclusion is based upon the prior and current existence of the Higgins-Fort Meade line and right-of-way, the alignment of the corridor with other existing roads or highways for an additional six miles, the rural, undeveloped nature of the surrounding land in the remaining segments and the applicant's proposed methods of construction and maintenance and agreement to conduct the project in accordance with the terms of the conditions of certification. If located, constructed and maintained as proposed, the transmission line will produce very little effect

       upon the abundance and species of wildlife and vegetation in the area, and water resources in the area will be adequately protected through compliance with regulatory standards and criteria. While the proposed secondary corridor meets the threshold tests for certification, its environmental adverse impacts are greater due to the larger amount of land preempted, the greater number of water bodies lying within the divergent secondary segment, the presently existing undeveloped nature of portions of that area, the non-existence of a transmission lined right-of-way and the present existence of bald eagles and Florida Sandhill Cranes within the secondary corridor.

       
       

   97. It has not been demonstrated that the electric and magnetic fields associated with this proposed 500 kV transmission line will result in any adverse biological or health effects to plants, animals or humans. This is true whether the right-of-way width utilized is 100 feet or 190 feet. The Department of Environmental Regulation's preference for a 190-foot wide right- of-way is not in rule form and is not otherwise supported or defended by any evidence presented by DER in this proceeding. It has been suggested that neither these proposed corridors, nor any other transmission line corridor, may be certified in Florida until the DER adopts rules setting specific standards regarding the electric and magnetic fields associated with transmission lines. Section 403.523(14), Florida Statutes, confers upon the DER the power and duty to:

       
       

       set requirements that reasonably protect the public health, safety, and welfare from the electric and magnetic fields of transmission lines for which an application is filed after the effective date of this act.

       
       

   98. Whether the DER chooses to fulfill this responsibility through rule-making or through case-by-case adjudication is not determinative of whether the proposed corridors are proper for certification. An agency's inability to timely accomplish its jurisdictional responsibilities does not result in the deprivation to the public or the industry of necessary electrical energy services, particularly where competent substantial evidence demonstrates no adverse health effects from the provision thereof. The evidence demonstrates that the DER is currently participating in studies regarding the EMF issue. However, no specific standards or guidelines have as yet been adopted and the DER did not, in this proceeding, present a record foundation for the imposition of any such standard or guideline upon this transmission line. This factor does not defeat a finding and

       conclusion that the levels of EMF associated with the subject transmission line do not constitute a danger to the public health, safety and welfare.

       
       

   99. To summarize, the location of either the proposed primary or the proposed secondary corridor and the construction and maintenance of the transmission line therein would effect a reasonable balance between the need for the line, as determined by the Public Service Commission, and the impact upon the public and the environment. For the reasons stated herein, the location of the transmission line within the primary corridor strikes a more favorable balance by having less adverse land use and environmental impacts and will be less costly than its location within the secondary corridor. In addition, the primary corridor is preferable to Florida Power Corporation. For these reasons, both corridors meet the statutory criteria for certification, with conditions, but the primary corridor is the one which is proper for certification pursuant to the Transmission Line Siting Act. The conditions of certification attached as Appendix A are lawful, reasonable and appropriate and should be imposed upon the certification of the primary corridor.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Governor and Cabinet, sitting as the Siting Board, grant certification for the location of the primary corridor and the construction and maintenance of the transmission line within that corridor as proposed in the application and in accordance with the conditions of certification attached hereto as Appendix A. It is also RECOMMENDED that, as a further condition of certification, Florida Power Corporation be required to seek any necessary interest in state lands, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, from that Board prior to engaging in any activity on or affecting that land, pursuant to Section 403.531(3), Florida Statutes, (1983).

Respectfully submitted and entered this 29th day of January, 1986, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 29th day of January, 1986.

COPIES FURNISHED:

Honorable Bob Graham Governor

State of Florida The Capitol

Tallahassee, Florida 32301

Honorable Doyle Connor Commissioner of Agriculture The Capitol

Tallahassee, Florida 32301

Honorable George Firestone Secretary of State

The Capitol

Tallahassee, Florida 32301

Honorable Ralph Turlington Commissioner of Education The Capitol

Tallahassee, Florida 32301

Honorable Bill Gunter

State Treasurer and Insurance Commissioner

The Capitol

Tallahassee, Florida 32301

Carlos Alvarez, Esquire Carolyn S. Raepple, Esquire Richard S. Brightman, Esquire Hopping Boyd Green & Sams Post Office Box 6526 Tallahassee, Florida 32314

H. A. Evertz, III, Esquire Florida Power Corporation Post Office Box 14042

St. Petersburg, Florida 33733

John Bottcher, Esquire Douglas MacLaughlin, Esquire Department of Environmental Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

C. Laurence Keesey, Esquire Department of Community Affairs

2571 Executive Center Circle Tallahassee, Florida 32301

Ralph Artigliere, Esquire

Central Florida Regional Planning Council

Lane, Trohn, Clarke, Bertrand & Williams, P.A.

Post Office Drawer J Lakeland, Florida 33802

J. Edward Curren, Esquire Ms. Patricia Dorris Southwest Florida Water Management District

2379 Broad Street

Brooksville, Florida 33512

Frederick B. Karl, Esquire Karl, McConnaughhay, Roland & Maida

Post Office Drawer 229 Tallahassee, Florida 32302

Elizabeth L. Eddy, Esquire Carolyn J. House, Esquire Hillsborough County

Post Office Box 1110 Tampa, Florida 33601

David Smolker, Esquire Pasco County

4025 Moon Lake Road

New Port Richey, Florida 33552

Dorothy Trogolo, Esquire Assistant County Attorney 7530 Little Road

New Port Richey, Florida 33553

Mark F. Carpanini, Esquire Polk County

Post Office Box 60 Bartow, Florida 33830

Ronald E. Cotterill, Esquire Cotterill, Gonzalez & Fisher

126 Flagship Drive Lutz, Florida 33549

Alton B. Parker, Esquire

Steve Reynolds, Esquire MacFarlane, Ferguson, Allison & Kelly

Post Office Box 1531 Tampa, Florida 33601

William M. Register, Jr., Esquire Register and Park

625 Twiggs Street

Tampa, Florida 33602

Mr. Gerald Rabin

2708 East Stone Terrace Lakeland, Florida 33803

Ms. Debra A. Worley

Big Lake Como Lake Association Post Office Box 488

Lutz, Florida 33549

Michelle Russell, Esquire Gerald A. Figurski, Esquire Martin & Figurski

Post Office Box 786

New Port Richey, Florida 33552

Joseph A. McGlothlin, Esquire Enola R. Brown, Esquire Lawson, McWhirter, Grandoff

& Reeves

Post Office Box 3350 Tampa, Florida 33601

Mr. Donald W. Rairigh Paradise Lakes Condominium Homeowners Association Post Office Box 750

Land O' Lakes, Florida 33539

Timothy G. Hayes, Esquire Cotterill, Gonzalez & Fisher

126 Flagship Drive Lutz, Florida 33549

James V. Lau, Esquire Mary A. Lau, Esquire

Lau, Lane, Piper & Asti, P.A.

Post Office Box 838

Tampa, Florida 33601-0838

Margaret J. Bowles, Esquire Taub & Williams

Post Office Box 3430 Tampa, Florida 33601

Robert S. Wise, Esquire

304 Northwood Drive Lutz, Florida 33549

John E. Lund, Esquire

Cicero, Lund & Williams, P.A. 707 Franklin Street Mall Tampa, Florida 33602

John Radey, Esquire

Aurell, Fons, Radey & Hinkle Post Office Drawer 11307 Tallahassee, Florida 32302

Lynn H. Townsend, Esquire Holland & Knight

Post Office Box 1288 Tampa, Florida 33601

Ms. Anne Thomas 3416 Almeria Avenue

Tampa, Florida 33629

Charles R. McCoy, Esquire Department of Natural Resources

3900 Commonwealth Blvd.

Suite 1003

Tallahassee, Florida 32303

Dan R. Stengle, Esquire Game and Fresh Water Fish Commission

620 S. Meridian

Tallahassee, Florida 32301

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Bldg.

MS 58, Room 562

Tallahassee, Florida 32301

J. Roger Howe, Esquire Public Service Commission Fletcher Building

101 East Gaines Street Tallahassee, Florida 32301

Van B. Cook, Esquire Pinellas County

315 Court Street Clearwater, Florida 33516

Bennett L. Rabin, Esquire Harold H. Goldman, P.A.

10020 South Federal Highway Port St. Lucie, Florida 33549

Mr. Will James Shephard 14037 N. Dale Mabry Highway Tampa, Florida 33618

Ms. Nancie Poole

17 Eagle Lane

Lutz, Florida 33549

Mr. John E. Greenslade 2901 Barcelona Street

Tampa, Florida 33629

Lucius M. Dyal, Jr., Esquire Shackelford, Farrior, Stallings & Evans

Post Office Box 3324 Tampa, Florida 33601

S. Cary Gaylord, Esquire Brigham, Moore, Gaylord, Schuster & Sachs

501 E. Kennedy Blvd. Tampa, Florida 33602

Docket for Case No: 85-001411TL

Orders for Case No: 85-001411TL