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IN RE: FLORIDA POWER AND LIGHT MARTIN UNIT 8 POWER PLANT SITING APPLICATION NO. PA89-27A vs *, 02-000573EPP (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000573EPP Visitors: 22
Petitioner: IN RE: FLORIDA POWER AND LIGHT MARTIN UNIT 8 POWER PLANT SITING APPLICATION NO. PA89-27A
Respondent: *
Judges: CHARLES A. STAMPELOS
Agency: Department of Environmental Protection
Locations: Indiantown, Florida
Filed: Feb. 08, 2002
Status: Closed
Recommended Order on Wednesday, March 5, 2003.

Latest Update: Jul. 27, 2004
Summary: The issue to be resolved in this portion of this power plant site certification proceeding is whether the site for the proposed Florida Power & Light Company (FPL) Martin Unit 8 Expansion Project (Project) is consistent and in compliance with the existing land use plans and zoning ordinances of Martin County, Florida, pursuant to Section 403.508(2), Florida Statutes.Florida Power & Light showed compliance with existing land use plan and zoning ordinances pursuant to Section 403.508(2), Florida S
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02-0573.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


IN RE: FLORIDA POWER & LIGHT ) COMPANY MARTIN UNIT 8 )

POWER PLANT SITING )

APPLICATION NO. PA89-27A. ) Case No. 02-0573EPP

)


RECOMMENDED ORDER


Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge, Charles A. Stampelos, held a certification hearing in the above-styled case on February 17, 2003, in Indiantown, Florida.

APPEARANCES


For Florida Power & Light Company:


Peter C. Cunningham, Esquire Douglas S. Roberts, Esquire Hopping Green & Sams

Post Office Box 6526 Tallahassee, Florida 32314


For the Department of Environmental Protection:


Scott A. Goorland, Esquire

Department of Environmental Protection 3900 Commonwealth Boulevard

The Douglas Building, Mail Station 35 Tallahassee, Florida 32399-3000


For Martin County:


Krista Storey, Esquire Martin County

2401 Southeast Monterey Road Stuart, Florida 34996-3322


STATEMENT OF THE ISSUE


The issue to be resolved in this proceeding is whether the Governor and Cabinet, sitting as the Siting Board, should issue certification to Florida Power & Light Company ("FPL"), to construct and operate a combined cycle generating unit, providing an additional 800 megawatts, at FPL's existing Martin Plant site in Martin County, Florida, and an associated 8.5 mile transmission line in accordance with the Florida Electrical Power Plant Siting Act, Section 403.501, et seq., Florida Statutes.

PRELIMINARY STATEMENT


This proceeding was conducted pursuant to the Florida Electrical Power Plant Siting Act ("PPSA"), Chapter 403, Part II, Florida Statutes, and Chapter 62-17, Florida Administrative Code, to consider FPL’s application for site certification for the proposed Martin Unit 8 Project (also referred to as the "Project").

On February 1, 2002, FPL filed its application for site certification for the Martin Unit 8 Project with the Florida Department of Environmental Protection ("Department" or "FDEP"). The application was found to be complete on February 18, 2002.

The application was found to be sufficient on June 5, 2002.


As required by Section 403.508(1) and (2), Florida Statutes, a land use hearing on the Project was held in the community of


Indiantown, Florida, on May 1, 2002. By Final Order, dated August 13, 2002, the Siting Board adopted the undersigned’s Recommended Land Use Order, holding that the site of the proposed Martin Unit 8 Project is consistent and in compliance with the land use plans and zoning ordinances of Martin County, Florida.

On December 10, 2002, the Florida Public Service Commission ("PSC") issued its Final Order determining the need for Martin Unit 8, pursuant to Section 403.519, Florida Statutes.

On December 20, 2002, the FDEP issued its written Staff Analysis Report concerning the Project, as required by Section 403.507(4), Florida Statutes. That Report contained reports from other state, regional, and local agencies and a compiled set of proposed Conditions of Certification for the Martin Unit 8 Project, as proposed by FDEP and the various agencies which had reviewed the Project.

On February 10, 2003, a Joint Prehearing Stipulation was submitted to the undersigned, which indicated that no party to this proceeding objected to certification of the Project.

On February 17, 2003, during the certification hearing, FDEP submitted its revised Staff Analysis Report as an exhibit (FDEP Exhibit 2) to update and correct various matters in the earlier version of its analysis, and to revise the proposed Conditions of Certification.


After proper public notice by both FPL and FDEP, a certification hearing was held in Indiantown, Florida, on February 17, 2003, as required by Section 403.508(3), Florida Statutes. The purpose of the certification hearing was to receive oral, written, and documentary evidence concerning whether, through available and reasonable methods, the location, construction, and operation of the proposed Martin Unit 8 Project will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of State waters and their aquatic life, in an effort to fully balance the increase in demand for an electrical power plant location and operation with the broad interests of the public. See Section 403.502, Florida Statutes. The hearing would have also considered any petitions challenging the separate FDEP-issued prevention of significant deterioration ("PSD") permit for the Project. However, no such petition was filed.

Prefiled written direct testimony and exhibits of seven FPL witnesses were filed with the Division of Administrative Hearings on February 12, 2003. That testimony was filed pursuant to Rule 62-17.141(3), Florida Administrative Code. At the certification hearing, FPL presented summary testimony and exhibits of three of those witnesses, affirming their prefiled testimony and exhibits and summarizing portions of their testimony. The prefiled


written testimony and exhibits of four witnesses have been accepted based upon execution of affidavits from those witnesses not attending the hearing, attesting to the accuracy of the testimony and accompanying exhibits. FPL exhibits numbered 1 through 8 were introduced and admitted into evidence. FDEP presented the testimony of Hamilton S. Oven, Jr., P.E., of the FDEP's Siting Coordination Office, and FDEP Exhibits 1 and 2 were admitted into evidence. Martin County also attended the certification hearing. Martin County's Agency Report was accepted into evidence as part of the FDEP's Staff Analysis Report. The Florida Public Service Commission, the Florida Department of Community Affairs, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Transportation, and the South Florida Water Management District (SFWMD), all of which were parties to this proceeding, did not enter appearances at the certification hearing. However, those agencies joined in the prehearing stipulation. The agency reports from these five agencies and from the Treasure Coast Regional Planning Council were accepted into evidence as part of the FDEP's Staff Analysis Report. At the conclusion of the hearing, members of the general public were allowed to offer testimony on the Project.


Following the conclusion of the February 17, 2003, hearing, a transcript of the hearing was filed on February 21, 2003. The Joint Proposed Order of FPL, FDEP, SFWMD, and Martin County was timely submitted and has been considered in the rendition of this Recommended Order.

FINDINGS OF FACT


Background


  1. Florida Power & Light Co. ("FPL") is the largest electric utility in Florida, currently serving approximately seven million customers in its 34-county service area. That service area extends south from the northern Florida border along the east coast of the State, and includes all of the southern portion of the Florida peninsula. FPL currently operates 34 generating units at 14 locations in Florida, including the Martin Plant. FPL has been supplying electricity in Florida since 1926.

  2. FPL's Martin Plant site is located in the western portion of Martin County, Florida, approximately seven miles northwest of the community of Indiantown, Florida. The Martin Plant is located in the unincorporated area of Martin County. Access is by State Road 710, which runs northwest/southeast along the northeast boundary of the Martin Plant site.

  3. The Martin Plant site contains approximately 11,300 acres. The existing Martin Plant includes two 800 megawatt


    (nominal) steam-electric generating units known as Units 1 and 2, two 450 megawatt (nominal) combined cycle generating units known as Units 3 and 4, and two 170 megawatt (nominal) simple cycle combustion turbines known as Units 8A and 8B. FPL applied for permits for Martin Units 1 and 2 prior to 1973. Martin Units 1 and 2, which use residual fuel oil and natural gas, began commercial operation in 1980 and 1981, respectively. Martin Units 3 and 4, which use natural gas and are permitted to burn distillate or "light" oil, were certified under the PPSA in 1991 and began operation in 1994. Units 8A and 8B, which use natural gas and light oil, were approved through modification of the original site certification in 2000, and began operation in 2001. Units 1 and 2, 3 and 4, 8A and 8B, and associated facilities, occupy approximately 400 acres of the Martin Plant site.

  4. The Martin Plant site has long been identified for additional generating capacity. When site certification for Units 3 and 4 was issued, the Siting Board also recognized the Martin Plant site’s suitability for further capacity expansion through its "ultimate site capacity" approval for the three-phase Martin Coal Gasification/Combined Cycle (CG/CC) Project. That Project contemplated, following construction of Units 3 and 4, two additional phases involving combined cycle Units 5 and 6, with supporting coal gasification facilities, and then


    construction of a coal gasification facility to support Units 3 and 4. FPL has not as yet chosen to proceed with the latter two phases of that Project. The portion of the Martin Plant site certified under the PPSA comprises 2,192 acres. Neither FPL, nor any other party, has invoked, or sought to invoke, the jurisdiction of the PPSA with respect to Martin Units 1 and 2.

    The Martin Plant site has continued to be identified as a preferred location for additional generating capacity in each of FPL's Ten Year Power Plant Site Plans for the past decade.

    Existing Units 1, 2, 3, and 4 will remain in operation and will not be affected by the Project.

  5. The Martin Plant site contains a 6,800 acre cooling pond (6,500 acres of water surface and 300 acres of embankment), which provides cooling water to the four existing steam electric generating units at the site. Makeup water for the cooling pond is withdrawn from the St. Lucie Canal, under a Permit Agreement

between FPL and SFWMD. Withdrawals from the St. Lucie Canal have occurred since 1978. Makeup water from the St. Lucie Canal is currently withdrawn pursuant to the terms of a permit agreement between the South Florida Water Management District and FPL and the existing Conditions of Certification for Martin Units 3 and

  1. The existing approvals allow withdrawals of an average of 32,000-acre feet of water per year and a maximum of 50,000-acre


    feet in any 12 month period. Daily withdrawals are limited to a maximum of 518.4 million gallons per day.

    1. Other existing facilities on the Martin Plant site include residual and light oil storage tanks, water and wastewater treatment facilities, two onsite system substations and transmission lines, warehouses, maintenance buildings, and administration and ancillary facilities. The balance of the Martin site is undeveloped or utilized for agricultural operations. This includes the Barley Barber Swamp and a 1,200 acre parcel, known as the Northwest Parcel, established as a wetland mitigation area associated with the Martin CG/CC Project.

    2. Land uses surrounding the Martin Plant site are primarily agricultural, including cropland, pastures, groves, three types of wetlands, scattered rural residences, and undeveloped land. The nearest residence is approximately two miles away from the proposed Martin Unit 8 Project area. Project Overview

    3. The Martin Unit 8 Project will combine the two existing simple cycle combustion turbines in operation at the

      Martin Plant (Units 8A and 8B) with two new combustion turbines, four new heat recovery steam generators, and a new steam turbine electric generator. The resulting "four-on-one" combined cycle Unit 8 will have a generating capacity of approximately 1,100


      megawatts and will increase the total installed generating capacity of the Martin Plant by approximately 800 megawatts. The Project also includes an optional cooling tower and two new transmission lines to integrate Unit 8 with FPL's transmission system.

    4. Martin Unit 8 will be located south of existing Units


      3 and 4, with the new steam turbine and the new CTs (8C and 8D) adjacent to and east of existing Units 8A and 8B. The Project Area comprises approximately 110 acres. The Unit 8 power block will be located in an area that has already been affected by existing uses at the Martin Plant. Approximately 15.5 acres will be occupied by the Unit 8 power block. Approximately 28.4 acres will be occupied by construction facilities (laydown, parking and construction trailers). The Project Area is located completely within the already certified portion of the Martin Plant Site. Need for Martin Unit 8

    5. On December 10, 2002, the Florida Public Service Commission ("PSC") issued its Final Order determining the need for the FPL Martin Unit 8 Project (as well as FPL's proposed Unit

      3 at its Manatee Plant). The PSC determined that FPL has a need for additional capacity to maintain the reliability of FPL’s electrical system. FPL was found to have a need for Martin Unit

      8 taking into account the need for adequate electricity at a


      reasonable cost. The Commission found that FPL chose a proven technology and has the necessary experience in the construction and operation of combined cycle units. Further, the cost estimates for Martin Unit 8 were found to be reasonable. The Commission concluded there were no further energy conservation measures available to FPL that could offset the need for Martin Unit 8. FPL was found to have implemented a considerable amount of cost effective energy conservation and demand side management. Based upon FPL’s evaluation of other alternatives submitted in response to a request for proposals, the Commission found that Martin Unit 8, along with Manatee Unit 3, are the most cost effective alternatives available to meet FPL's need for additional generating capacity beginning in 2005. The PSC also found FPL had properly and accurately evaluated transmission costs. The Commission concluded that FPL had met the statutory requirements under Section 403.519, Florida Statutes, for the determination of need for Martin Unit 8.

      Project Schedule and Construction


    6. FPL expects to begin construction of Martin Unit 8 in June 2003, or upon receiving final approvals for the Project. Unit 8 is expected to be completed in June 2005, in order to meet FPL's customer's summer needs in that year. The simple cycle portions of the two new combustion turbines associated with Unit


      8 are scheduled for completion in June 2004, to allow operation in simple cycle mode while construction of the combined cycle unit is ongoing. The two existing combustion turbines will continue operating in simple cycle mode until the combined cycle unit is completed.

    7. Peak construction employment for the Project will be approximately 574 construction workers, management, and staff. Construction employment is expected to average about 250 workers during the 24-month construction period.

    8. FPL made roadway improvements at the Martin Plant entrance in connection with the construction of Units 3 and 4. Construction of temporary or permanent roads that connect offsite is not proposed, as the existing plant entrance at S.R. 710 will be used for Project construction. Traffic resulting from Project construction will not degrade traffic flow below established levels of service. Major pieces of equipment will be delivered by truck over existing roadways, or by rail over a rail line that already serves the Martin Plant site.

    9. The Unit 8 Project Area has been previously cleared and graded, with scrubgrass cover. The Project will require minimal clearing. Impacts from creating material laydown areas will be minimal, temporary, and mainly associated with grubbing and grading to create proper drainage.


    10. Soils will need to be excavated to provide support for the Unit 8 foundation and other facilities. Foundations for heavy loads will be supported by spread foundations or pilings. Subsurface excavations may require temporary dewatering by localized pumping of the shallow aquifer to lower the water table. The effluent from dewatering will be routed to the cooling pond. There will be no significant impacts from construction dewatering on surface waters. No offsite impacts to groundwater from dewatering activities are expected, and there will be no impacts to underlying deeper aquifers.

    11. The entire construction area within the Unit 8 Project Area is outside the 100 year flood zone. Construction activities will alter runoff in parts of the site but no adverse effects are expected from these activities. Construction period surface water runoff will be conveyed to existing stormwater channels and ponds that can provide wet retention for all runoff from these areas. The stormwater management system for Unit 8 has been previously designed and constructed as part of the development of Units 3 and 4 and Units 8A and 8B.

    12. No construction for the Project is proposed in surface waters of the State. Impacts to offsite surface waters from construction-related runoff are expected to be negligible. Onsite construction activities will not cause adverse ecological


      effects, as the Project Area is already highly altered, and maintained as either grassy, open areas or covered with limerock. These areas do not contain unique wildlife species and are not considered important wildlife habitats because of their disturbed nature. Wetlands within the Project Area are limited primarily to man-made ditches and stormwater basins. A small depressional wetland area is located within the pine flatwoods parcel to the east of the power block, but will not be impacted by the construction of Unit 8. The site certification for the Martin CG/CC Project addressed wetland impacts for the entire certified site, and mitigation for those potential future impacts has already been provided in the Northwest Parcel.

    13. Noise during construction of the Project will comply with the Martin County Noise Control Ordinance. Construction noise will not affect wildlife in the vicinity of the site. The Martin Plant site already has noise associated with operation of the existing facility and wildlife in the area is acclimated to such activities.

    14. Control measures will be implemented during Project construction to minimize fugitive air emissions and its potential impacts. Clearing will be kept to a minimum, thereby reducing air emissions from exposed surfaces. Watering will be used to control fugitive dust on highly traveled areas.


    15. During Project construction, portable chemical toilets and bottled water will be utilized. Solid and hazardous wastes generated during construction will be handled and disposed offsite by contractors.

      Project Description


    16. The Martin Unit 8 Project will utilize the two existing simple cycle combustion turbines ("CTs") presently operating at the Site (Units 8A and 8B) in combination with two new CTs, four new HRSGs, and a new steam turbine/electric generator. Each of the existing CTs, and each of the new CTs, has a nominal generating capacity of approximately 170 MWs. The CTs operate much like a jet engine, in which air and fuel are combined in the CT and then combusted. The heated gases then rotate a shaft that drives an electrical generator. The exhaust gases from the combustion turbines produce steam in the HRSGs, which is used in turn to drive a separate steam turbine generator. By utilizing the waste heat from the CTs, the resulting combined cycle Unit 8 will be more efficient than the simple cycle CTs and traditional steam-electrical units. Martin Unit 8, with generating capacity of approximately 1100 megawatts, will be among the most efficient electric generators in Florida. The Project will add approximately 800 megawatts of generating capacity to the Martin Plant site.


    17. Duct burners are proposed for each HRSG and are fired during peak demand periods to achieve the total nominal generating capacity of Unit 8. The four CTs will be equipped with inlet air evaporative cooling which creates a cooler, more moisture-laden air stream in the CT, allowing additional power to be produced more efficiently. The CTs will also be capable of power augmentation, in which steam from the HRSG is injected into the CT during periods of peak electrical demand to increase electrical output. Each CT will be capable of operation in "peak" mode in which the firing temperature of the combustion turbine is increased, resulting in increased power.

    18. Exhaust gases from Unit 8 will be emitted from a stack associated with each HRSG unit. Each combustion turbine will also be capable of operating in simple cycle mode in which exhaust gases will be emitted either from a bypass stack associated with each CT or from the HRSG stack. Natural gas heaters will be used if the CTs are operated in simple cycle mode. The height of the four HRSG stacks will be a maximum of

      150 feet.


    19. Cooling water for Martin Unit 8 will be provided by either the existing cooling pond or by a new closed-cycle, wet mechanical draft cooling tower. Wastewaters and stormwater from the power block will be treated onsite and recycled to the


      cooling pond. Other onsite facilities to be constructed as part of the Project will include interconnections with the existing onsite transmission facilities, a gas metering and regulation yard, along with storage facilities for light oil and ammonia.

      The new Unit 8 will also utilize many of the existing facilities and infrastructure components already present at the Martin Plant site.

    20. The primary fuel for the CTs, and the sole fuel for the HRSG duct burners and the fuel heaters, will be natural gas delivered to the Martin Plant by pipeline. The Martin Plant site is presently served by an existing natural gas lateral that may supply gas to Unit 8. Natural gas will not be stored onsite. Light oil with a maximum sulfur content of 0.05 percent by weight will be used as an alternate fuel for the CTs for an equivalent of 500 hours per year per CT. The light oil will be delivered by truck and will be stored in an existing two million gallon tank or in a previously approved, but still to be constructed, two million gallon tank.

    21. Martin Unit 8 will generate only small quantities of solid wastes. These will be limited to municipal solid wastes and infrequent replacement of inlet air filters. The catalyst in the selective catalytic reduction (SCR) system will be replaced periodically and disposed of in accordance with applicable


      requirements. Hazardous wastes will be produced in limited quantities. These will be collected and disposed of offsite by a licensed hazardous waste contractor.

    22. Martin Unit 8 will connect to the existing onsite electrical system substation via a new tie line. Additional bays will be added to the existing substation to accommodate the interconnection to FPL's existing electric transmission system.

      A new 230 kilovolt ('kV') transmission line will be constructed between the onsite Martin Plant System Substation and the existing FPL Indiantown Substation. The new single pole line will be constructed across the Martin Plant site for 1.5 miles and then will follow an existing FPL transmission line right-of- way and existing public roadways to the Indiantown substation.

      The entire length of that line is approximately 13 miles. An 8.5 mile segment of this line is to be constructed in a new right-of- way and this segment is included as part of the Project.

      Air Emissions


    23. Air emissions from Martin Unit 8 will result from both the combustion process and impurities in the fuel. Nitrogen oxides are formed through the oxidation of a portion of the nitrogen that is naturally found in natural gas. Additional nitrogen oxides are formed through the oxidation of the nitrogen contained in the combustion air. Carbon monoxide and volatile


      organic compounds are formed by incomplete combustion of fuel. Sulfur dioxide and particulate matter emission rates are dictated by the amount of sulfur in the fuel. Operation of the Unit 8 cooling tower will result in emissions of particulate matter, made up of minerals, created by evaporation of the cooling water. These emissions are referred to as cooling tower "drift".

    24. All major new or modified sources of regulated air pollutants that are located in areas attaining compliance with ambient air quality standards must be reviewed under state and federal Prevention of Significant Deterioration ("PSD") review requirements. Martin Unit 8 is considered a major modification to the existing Martin Plant site because the Project's emissions will exceed the PSD significant emission increase thresholds for several regulated air pollutants. Based on expected emissions from Unit 8, PSD review was required for: particulate matter ("PM"), sulfur dioxide ("SO2"), nitrogen oxides ("NOx"), carbon monoxide ("CO"), volatile organic compounds ("VOC") and sulfuric acid mist. PSD review is used to ensure that significant air quality deterioration will not result from new facilities like Unit 8. These analyses include a review of the proposed emissions control technology, a source impact analysis, an air quality impact analysis, source information, and additional air quality impact analyses.


      Air Emissions Control Technology


    25. Air emissions from Martin Unit 8 will be minimized through the inherent efficiency of the combined cycle design, and the use of: natural gas as the primary fuel; advanced combustion control technology; and post-combustion control technology. Natural gas, the cleanest of fossil fuels, and light oil have very low levels of impurities and can be burned very efficiently. When firing natural gas, the use of dry low NOx ("DLN") combustion design in the CTs, and low NOx burners ("LNB") in the duct burners, will also minimize air emissions by inhibiting formation of thermal NOx by premixing of fuel and air prior to combustion (in the DLN), and by reducing flame temperatures (in the DLN and LNB). Water injection will be used for NOx control when the CTs fire light oil. Selective Catalytic Reduction (SCR) will provide additional control of emissions of NOx from Unit 8 when operating in combined cycle mode. In the SCR system, located in the HRSGs, ammonia is injected into the CT exhaust where NOx in the gas stream reacts with the ammonia in the presence of a catalyst to form nitrogen and water.

    26. State and federal PSD regulations require that Martin Unit 8 meet all applicable emission limiting standards and that Best Available Control Technology ("BACT") be applied in order to


      control emissions. BACT is defined in Rule 62-210.200(38), Florida Administrative Code, as:

      An emission limitation, including a visible emissions standard, based on the maximum degree of reduction of each pollutant emitted which the Department [of Environmental Protection], on a case by case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative fuel combustion techniques) for control of each such pollutant.


      The BACT requirements are intended to ensure that the air emission control systems for Unit 8 reflect the latest in control technologies used in the electric utility industry and take into consideration existing and future air quality in the vicinity of the Project. BACT review includes a cost-benefit analysis of alternative control technologies capable of achieving a higher degree of emission reduction than the proposed technology.

    27. In its PSD review, the Department preliminarily determined that the air emissions control technologies proposed for Martin Unit 8 are consistent with BACT as required under federal and state PSD regulations. The use of natural gas as the primary fuel, with light oil as an alternate fuel for the CTs, combined with advanced combustion control technology, will provide the maximum degree of emission reduction for sulfur


      dioxide, particulate matter, volatile organic compounds, carbon monoxide, and sulfuric acid mist. The dry low NOx control technology for the CTs and the duct burners, and water injection when the CTs fire light oil, along with SCR in combined cycle mode, reflect the latest available control technologies for reducing NOx emissions from combined cycle systems. Combustion controls also limit the formation of carbon monoxide and volatile organic compounds. Cooling tower drift will be minimized through use of high-efficiency drift eliminators.

    28. The emission limits for Martin Unit 8 in the Department's recommended Conditions of Certification are identical to the emission limits proposed as BACT by the Department. The recommended NOx emission limit of 2.5 parts per million for combined cycle operation during natural gas-firing is equal to or lower than BACT determinations for other combined cycle units in the State of Florida.

      Air Quality Impact Analysis


    29. Ambient air quality standards have been established by the U.S. EPA and FDEP to protect public health and welfare. Air quality in the vicinity of the Martin Plant currently meets all federal and State ambient air quality standards. Martin County is classified as an attainment area for all criteria pollutants,


      and no area of Florida is currently designated as "nonattainment" for any air pollutant.

    30. In its PSD review, the Department preliminarily determined that air quality modeling demonstrates that Martin Unit 8 will comply with all State and federal ambient air quality standards, as well as PSD Class I and II increments. The air quality modeling conducted for the Project followed EPA and FDEP modeling guidelines. Two air quality models were utilized to assess air quality impacts in the area surrounding the Martin Plant site. The modeling also assessed impacts in the nearest PSD Class I area, which is the Everglades National Park, located approximately 90 miles south of the Project site. Local meteorological data from the National Weather Service was used in the modeling. The modeling incorporated maximum air emissions from the Unit 8 in both combined and simple cycle modes, using light oil and natural gas, and at various operating modes, loads, and ambient air temperatures which may affect the emission rates and dispersion from the Unit. In its PSD review, the Department preliminarily determined that the air quality modeling results indicated that the maximum air impacts from the Project will comply with all ambient air quality standards and PSD Class I and II increments. While these analyses assumed a stack height of

      125 feet, a stack height of up to 150 feet would generally result


      in lower impacts, and would not change the conclusions as to the Project's compliance with all air quality standards.

    31. EPA has established "Significant Impact Levels" for the various pollutants that are subject to PSD review, and the Department has adopted these Significant Impact Levels at Rule

      62-204.200(29), Florida Administrative Code. The comparison of a project’s air quality impacts with the Significant Impact Levels represents an initial screening analysis to determine which pollutants require a more detailed modeling analysis. In its PSD review, the Department preliminarily determined that the predicted impacts of the emissions of all air pollutants from Unit 8 are below the PSD Class I and Class II Significant Impact Levels, except for SO2 for the 24-hour averaging period with the CTs firing light oil. Accordingly, air quality impacts from Unit

      8 are considered insignificant based upon this screening analysis for all pollutants except for SO2 over the 24-hour averaging period.

    32. More refined, multi-source modeling was conducted to assess the impacts of Unit 8's SO2 emissions over the 24-hour averaging period. In its PSD review, the Department preliminarily determined that this modeling demonstrated that SO2 emissions from Unit 8, when considered along with other existing


      and PSD sources, would be well below each of the relevant air quality standards.

    33. Nitrogen oxides and volatile organic compounds are precursors to the formation of ozone in the atmosphere. Emissions of these air pollutants from Martin Unit 8 are extremely small compared to regional emissions of NOx and VOCs. In its PSD review, the Department preliminarily determined that the emissions from Unit 8 will not cause or contribute to any violation of the ambient air quality standards for ozone.

    34. There are expected to be no air quality impacts from associated industrial, commercial, or residential growth due to the Project or its location. In its PSD review, the Department preliminarily determined that there should also be no adverse impacts to the "Air Quality Related Values," including visibility, soils, vegetation, or wildlife, in the closest PSD Class I area at the Everglades National Park. Unit 8's potential impacts on regional haze in this Class I area were below the screening level.

    35. In its PSD review, the Department preliminarily determined that impacts from the proposed Unit 8 cooling tower will be minimal. Potential cooling tower impacts on visibility (fogging) and from deposition of drift emissions were evaluated using accepted computerized modeling methodology and conservative


      assumptions based on relevant design parameters for the proposed cooling tower. Results of the evaluations demonstrated that there would be only a very few hours per year in which fogging induced by cooling tower operation will occur. When fogging does occur, the impacts will remain on the Martin Plant site property. Deposition from cooling tower drift will be minimized through the use of high-efficiency drift eliminators. Impacts of cooling tower deposition will be minimal inside the Project Area, and will only occur within the Martin Plant site.

      Water Uses and Sources


    36. Water uses for the Martin Unit 8 will include condenser cooling, general plant service water, fire protection water, and demineralized water. The largest water use for Unit 8 will be to replace net evaporation from either the cooling pond or the cooling tower due to cooling of the new Unit. Process water uses will include demineralized water to be used in the combustion turbine inlet foggers, for combustion turbine power augmentation, for NOx control in the combustion turbines during light oil firing, and for steam cycle makeup.

    37. Water for Unit 8 will be taken from the existing Martin Plant cooling pond. Makeup to that pond is withdrawn from the St. Lucie Canal, which ultimately connects to Lake Okeechobee. Makeup water will be pumped into the cooling pond at an existing


      intake structure at the southern end of the cooling pond. Water will then be withdrawn from the pond for uses in the Martin Unit 8.

    38. New cooling water system structures for Unit 8 will be constructed in the cooling pond. There will be no other construction in surface waters at or near the Project Area.

    39. Cooling water from the pond will be circulated through the Unit 8 condensers and auxiliary heat exchangers to remove waste heat. This waste heat is dissipated by the cooling pond, primarily by evaporation, radiation and conduction to the atmosphere. The cooled water is then recirculated through the pond back to the units. The proposed Unit 8 will either utilize the cooling pond in the same manner as the existing units or will utilize a mechanical draft cooling tower instead. If a cooling tower is constructed, it will dissipate the heat primarily by evaporation and conduction to the atmosphere. Makeup water for the cooling tower would be withdrawn from the cooling pond and blowdown from the new cooling tower will then be returned to the cooling pond

    40. The cooling pond is approximately 6,800 acres, with 6,500 acres being water surface and the balance in the embankments. The existing Martin Plant cooling pond has been sized, constructed, and previously approved to handle the thermal


      load associated with additional generating capacity. Mathematical modeling of the thermal performance of the cooling pond was previously performed based on a wide range of potential heat loadings to the pond. Based upon that modeling, with the expected operation of all of the generating units, including Unit 8, there is adequate water available under the permitted amounts to operate the existing units as well as Martin Unit 8. The Project will not require an increase in the currently-authorized withdrawal rates of water from the St. Lucie Canal or from groundwater sources with or without the cooling tower. With the addition of Martin Unit 8, the Plant will continue to be operated within the thermal limits and constraints that were previously reviewed and permitted.

    41. Potable water will be provided by the existing permitted system and the potable water uses for Unit 8 will not exceed the existing permitted quantities. Domestic wastewater generated by Unit 8 will be handled by the existing system.

    42. Water for process water needs will be withdrawn from the cooling pond and pretreated and used as service water. The service water system will also feed the existing reverse osmosis/mixed bed demineralizer system which may be upgraded for Unit 8 within the existing area occupied by that equipment.


      Waste streams from the RO treatment system will be treated by existing plant systems and recycled to the cooling pond.

    43. The design and operation of Martin Unit 8 will incorporate a number of water conserving features. All of the power block area contact stormwater will be recycled back to the cooling pond, minimizing makeup requirements for cooling water. All wastewaters will be treated and recycled to the cooling pond. Use of the dry low NOx burners in the combustion turbines will minimize water use when natural gas is fired. These features, when combined with the existing water management features, including the toe drain recovery system and limited cooling pond discharges, help minimize the use of both groundwater and surface waters.

      Wastewaters and Surface Water Discharges


    44. Unit 8 will utilize the existing Martin Plant's wastewater treatment system. The only new wastewater generated by Unit 8 will be HRSG blowdown and equipment area stormwater and wash waters. HRSG blowdown will be quenched with service water and recycled to the cooling pond. Equipment area stormwater and wash waters will be passed through an oil/water separator and then recycled to the cooling pond.

    45. The cooling system for Martin Unit 8 requires either chlorination or use of biocides to prevent biofouling of the heat


      rejection system. A chlorine solution will be fed into the intake structure for the Unit 8 heat rejection system as appropriate. If the cooling tower is installed, a scale inhibitor will be fed into the circulating water system to control the formation of calcium carbonate scales, which can adhere to the heat transfer surfaces and impair cooling performance. Sulfuric acid and a polymer will also be added as necessary to the water treatment.

    46. Chemical treatment will also be required in the HRSG to prevent corrosion and scaling of the condensate piping. The HRSG boiler and piping will be chemically cleaned initially during commissioning, and periodically during the life of the Unit. These chemicals will not be permanently stored onsite but will be delivered by a licensed contractor at the time of the scheduled cleanings. Wastewaters from this cleaning will consist of the cleaning solutions and the materials removed. Chemical wastewaters can also result from draining of chemical storage tanks or from cleaning and maintenance operations. These wastes will be contained and treated locally or routed to the existing neutralization system for treatment. These flows will be intermittent and will not contribute to the overall wastewater flows.


    47. Minimum and maximum water levels within the cooling pond will remain within previously approved levels. Surface water discharges from the pond will occur only during annual gate tests and following extreme rainfalls. The spillway is controlled by four sluice gates which allow water to discharge automatically to protect the embankment from overtopping during large rainfall events. The current operating scenario for the cooling pond provides for approximately 6.33 feet of freeboard, allowing the pond enough freeboard between the water level and the top of the embankment to hold more than eight 100-year storms.

    48. Based upon previous modeling of the Martin cooling pond and predicted makeup water volumes to the pond, the estimated concentrations of dissolved constituents within the cooling pond were calculated. This modeling indicated that there would be no exceedances of Class III surface water quality standards in the cooling pond water. The water quality in the St. Lucie Canal, which would receive any discharge from the cooling pond, will not be affected by gate testing because there is an existing mixing zone within the intake/discharge canal between the spillway and the St. Lucie Canal. In order to limit the impact of a discharge, the intake pumps for the cooling pond can be run during gate tests to return spillway releases to the cooling


      pond. Prior to annual gate tests, the cooling pond water is analyzed in accordance with the existing industrial wastewater facility permits. If the test results indicate any constituent in the pond would exceed 90 percent of the Class III surface water criteria, FPL operates the makeup pumps to prevent any exceedance of a water quality standard in the St. Lucie Canal by pumping the discharge water back into the pond. Gate tests will be performed in the same manner after addition of Unit 8.

    49. The St. Lucie Canal is a manmade canal excavated in the 1910s and 1920s to regulate the water level of Lake Okeechobee. The Canal extends approximately 30 miles from Lake Okeechobee to the St. Lucie Inlet near Stuart. It has a depth of approximately eight feet and an average flow of 748 cubic feet per second. It is controlled at both ends by locks, which regulate the discharge from Lake Okeechobee and into the Atlantic Ocean. Vegetation along and in the canal is dominated by emergent grasses and exotic species, as well as saw palmetto, pine, cabbage palm, and planted citrus. The canal is considered only marginal breeding and spawning habitat for fish. The planned withdrawals to supply Unit 8 will not contribute to the existing effects from sedimentation, nutrient loading, and salinity fluctuations in the canal.


      Surface Water Management System


    50. The stormwater facilities to handle runoff from the Martin Unit 8 Project area were designed and constructed with Units 3 and 4. The surface water management system for the Project has been designed to meet the requirements of the South Florida Water Management District. The peak post-construction runoff flow rate resulting from the design storm will not exceed the pre-development peak flow rate. The Project drainage system of catch basins, pipes, channels, and culverts will convey runoff to the existing site drainage system of channels and ponds. Non- contact surface runoff from the area disturbed for Project construction and operation of Unit 8 will be collected and routed to two existing permanent ponds. Existing drainage patterns will be maintained, ensuring proper function of the stormwater system. An existing, temporary construction stormwater pond will be utilized during construction to prevent sediment transmission offsite until construction of Unit 8 is complete. Prior to beginning any earth disturbing activities, a silt fence will be installed along the perimeter of the Project where runoff to offsite areas is expected. Temporary erosion and sedimentation control measures will be designed to prevent sediment from being displaced and carried offsite by construction runoff. All


      temporary sediment and erosion control measures will be removed at the end of construction.

      Groundwater Impacts


    51. The only groundwater withdrawals associated with the operation of Martin Unit 8 will be the withdrawal of groundwater for the potable water system. The withdrawal will be within the existing permitted allocations of groundwater. The only known potable water wells within one mile of the Site are those operated by FPL.

    52. The existing Martin Plant cooling pond is the principal source of potential impacts to groundwater at the Plant. Seepage leaves the pond beneath the western and southern edges of the cooling pond and moves toward the surrounding canals where it reenters the surface water regime. A significant majority of the seepage will be intercepted by the toe drains and returned to the cooling pond, and no significant impacts to groundwater quality are expected. The Project is expected to meet applicable groundwater standards. Pursuant to FDEP Rule 62-520.520(8), Florida Administrative Code, the Martin Plant cooling pond is exempt from secondary groundwater standards. Further, there is an existing zone of discharge for groundwater that extends to FPL’s property line. Monitoring of constituents in the cooling pond which have groundwater standards is included in the existing


      conditions of certification for the Martin certified site in order to meet the requirements for groundwater monitoring for this exemption.

      Noise Impacts of Construction and Operation


    53. A noise impact assessment was conducted for construction and operation of Martin Unit 8. Background noise levels were determined from a noise monitoring program performed at several locations in the vicinity of the Project. These background levels were then combined with noise levels expected from construction and operation of Martin Unit 8. The modeling assumed that all construction equipment would be operating simultaneously and consistently, and therefore the impact assessment is conservative. When the construction noise impacts are combined with the background noise levels, the predicted noise impacts are all less than the noise levels set in the Martin County Noise Control Ordinance. The actual or measured noise levels due to construction are expected to be lower than the predicted levels. A similar analysis was performed to predict maximum noise levels produced by operation of the new unit, along with background noise levels. Predicted noise levels during operation at the nearest residential receptors to the Project are well below the maximum permissible noise levels under the Martin County Noise Ordinance.


      Transmission Line


    54. The Martin Unit 8 Project will connect to the existing FPL transmission network at the FPL Martin system substation within the previously certified site. Two new transmission lines will be constructed to integrate the new generation into the transmission network in order to meet the single contingency planning criteria adopted by the National Electric Reliability Council. A new 230 kilovolt ("kV") transmission line will be constructed between the Martin Plant and the existing FPL Indiantown Substation located east of Indiantown. This new line will be located partly in existing transmission line right-of-way and partly in new transmission line right-of-way. A second 230 kV line will be constructed between the existing FPL Indiantown Substation and the existing FPL Bridge Substation further to the east, to be located entirely within an existing FPL transmission line right-of-way. FPL is proposing certification only for the portion of the transmission line from the Martin Plant to the Indiantown Substation that will be constructed on entirely new transmission line right-of-way. The other portions of the transmission lines will be permitted separately.

    55. The proposed transmission line route was selected after evaluation of a number of alternative routes. Other routes, including other existing transmission line rights-of-way, that


      were evaluated were found to be infeasible or undesirable because of a lack either of access to, or of additional land within existing right-of-ways, additional crossings of more land parcels, or increased clearing and potential wetlands impacts when compared to the selected route. The selected route also allows extensive use of existing transmission line rights-of-way and, within the new transmission line corridor, co-location of the new line with existing roads and with existing overhead utilities along a primarily undeveloped strip.

    56. The new transmission line corridor proposed for certification is approximately 8.5 miles long. It will parallel

      S.R. 76 and C.R. 726, which are adjacent to the St. Lucie Canal.


      The width of the corridor along S.R. 76 and C.R. 726 will vary. The final average right-of-way to be selected in that corridor will be less than 25 feet wide. The new transmission line structures will be single pole concrete structures, with post insulators in a vertical configuration. The typical pole will be about 90 to 100 feet above grade, and higher where necessary for longer spans and for crossing over elevated roads, other overhead utilities, and waterways. Where the transmission line parallels existing FPL electrical distribution lines, the distribution lines will be co-located on the transmission structures where transmission structures are able to replace the distribution


      poles. Span lengths for the new line will range from 250 to 700 feet with a typical span of 500 feet. The span lengths vary to allow avoidance of wetlands and other environmentally sensitive features, or to coincide with property lines or existing distribution poles. Access is expected to be provided using existing public roads that parallel much of the new transmission line right-of-way. However, small sections of the line may require construction of access roads for construction and maintenance purposes. Access roads will be unpaved and can be constructed above natural grade, using clean, compacted fill.

    57. The certified segment of the transmission line will cross lands that are used for agricultural uses; isolated parcels of cabbage palm, Brazilian pepper, live oak, and pine; and infrequent residential properties. Land uses in this area are primarily citrus groves, pastures, undeveloped land, scattered residences, and commercial buildings along the highway.

    58. The only significant surface water body to be crossed by the certified transmission line is the St. Lucie Canal, which will be crossed once within the certified segment of the right- of-way. No significant environmental features are located within the proposed corridor to be certified. Only one protected species, the American alligator (a species of special concern), was observed along the 8.5 mile segment of the proposed


      transmission line corridor. This occurred in a drainage ditch outside of the proposed corridor itself. The new structures are designed and located to minimize impacts to wetlands and the use of a single pole will reduce the fill required for pole pads.

      The transmission line corridor does not contain critical habitat for any flora or fauna of the region. There are no known scenic, archaeological, or historic sites within the proposed transmission line corridor

    59. Construction of the new certified segment of the transmission line will initially involve surveying and locating property lines to stake out the limits of the right-of-way, the location of new roads, and the pole placement sites. The right- of-way is then prepared through removal of all vegetation that will conflict with construction and operation of the transmission line alongside roadways. This will mostly entail trimming trees and removing conflict trees that could fall into the line itself. Access roads will also be constructed where needed and culverts will be included to maintain existing flow conditions. Wetlands impacts will be minimized through pole placement and clearing practices. Unavoidable wetlands impacts will be addressed through a post-certification process. The next step involves erection of the structures which are directly embedded into the ground. Insulators, hardware, and overhead wires are then


      installed. The final step involves final cleanup of the right- of-way after construction is complete. Construction and operation of the transmission line will be in compliance with applicable agency standards, including the National Electrical Safety Code, the Florida Department of Transportation Utility Accommodation Guide, the Martin County Noise Ordinance, and the FDEP's rules setting limits for electric and magnetic fields.

      Socioeconomic Impacts and Benefits


    60. The Martin Unit 8 Project Area is an appropriate site for the proposed new Unit 8. The Project consists of the installation of a new combined cycle unit at an existing power plant site that has been in use for that purpose since 1980. The Project area is significantly buffered from the perimeter of the FPL-owned property and nearby residential uses. The vast majority of land use in the vicinity is in agricultural use or undeveloped land. The nearest residence is located just less than two miles south-southeast of the Project Area. Overall, the Project is located in a rural area.

    61. The Martin Unit 8 Project will benefit the economy of Martin County and surrounding communities. Direct benefits from the Project include employment opportunities created by construction and operation. The Project’s direct effects on socioeconomic conditions will be substantially positive.


      Construction employment will average 250 new jobs during the two year construction period. It is expected that these jobs will result in direct wages of approximately $75 million over the two year period. Due to the proximity of the Martin Plant site to large labor markets in the south Florida area, the labor demand for both construction and operation is expected to be met by workers in these areas. Population and housing impacts will therefore be minimal because little migration into the area is anticipated as a result of the Project. Direct economic benefits of construction of the Project will also result from purchases of materials and equipment, estimated to be $15 to $20 million within the State. It is expected that the majority of the construction wages will be spent within Martin County and the surrounding regions, which will create additional demands for goods and services. This will create a multiplier effect generating additional jobs and earnings.

    62. The operation of Martin Unit 8 will add approximately


      12 new full-time employees at the FPL Martin Site. The additional annual payroll for these employees is estimated to be

      $600,000. This payroll amount is expected to generate an additional $500,000 in wages and benefits to other businesses in the region. Other fixed annual operational costs for Unit 8 will


      be expended in the region at an estimated amount of $2 million per year.

    63. Property tax payments to Martin County resulting from Martin Unit 8 during operation are estimated to be $6.7 million in 2006. Based on the first five years of operation, estimated local tax payments are expected to be $31.4 million for general government and public schools in Martin County, and $900,000 in sales tax paid to the State of Florida. The Project’s external cost impacts are expected to be minimal and localized. The Project is not expected to result in any significant impact to local government services.

    64. The entire Martin Project Area, which includes the Unit


      8 Project Area, was previously determined to be consistent with the State, regional, and local comprehensive plans. Additionally, the Martin Unit 8 Project, including its associated transmission line, is consistent with the Martin County Comprehensive Plan, the State Comprehensive Plan, and the Strategic Regional Policy Plan of the Treasure Coast Regional Planning Council. The Project will also comply with the applicable development standards in the Martin County Land Development Regulations.

    65. Construction and operation of Martin Unit 8 will not adversely affect any nearby landmarks, sensitive areas,


      recreational areas, archaeological sites, or historical sites. The nearest recreational facility is approximately six miles southeast of the Project. The nearest environmentally protected land is the Barley Barber Swamp located on the west side of the cooling pond, which is maintained under FPL’s stewardship as a nature preserve. If archaeological materials are discovered during Project construction or operation, activities would cease. State review of the find would be required before the Project could proceed in the affected area.

    66. Temporary external costs resulting from the Project during construction include the generation of construction traffic. A transportation analysis of the Project indicated that traffic resulting from construction of the Project would not degrade traffic flow on State Road 710 below established levels of service. FPL has already implemented roadway improvements at the Martin Plant entrance and State Road 710, including an extended left-hand turn lane and a south-bound acceleration lane. Thus, no additional roadway improvements are required for construction traffic. Operation of Martin Unit 8 will add only

      12 new employees at the Martin Plant Site. The Project will also generate truck traffic for delivery of materials for operation and maintenance of the Unit. However, the traffic resulting from


      operation of Unit 8 will not degrade traffic volumes below established levels of service.

      Public Comment


    67. Three members of the public provided testimony during the certification hearing. They generally expressed their appreciation for the manner in which FPL has interacted with the community and supported various community activities. No one spoke in opposition to the Project. One member of the public questioned the need for another transmission line.

      Agency Positions and Stipulations


    68. The FDEP, the Florida Department of Community Affairs, the Florida Department of Transportation, the Florida Fish and Wildlife Conservation Commission, the South Florida Water Management District, the Treasure Coast Regional Planning Council, and Martin County each prepared written reports on the Project. Each of these agencies either recommended approval of Martin Unit 8 or otherwise did not object to certification of the proposed power plant. FDEP has proposed a series of Conditions of Certification for the Project that incorporate the recommendations of the various reviewing agencies. FPL states that it is prepared to accept and can comply with these Conditions of Certification in the design, construction, and operation of Martin Unit 8. The Florida Department of Community


      Affairs stipulated that the Project would not conflict with the State Comprehensive Plan. The Treasure Coast Regional Planning Council stated in its agency report that the Project would not conflict with its Strategic Regional Policy Plan. Martin County reported that the Project would be consistent with the County’s comprehensive plan and land development code. No state, regional, or local agency has recommended denial of certification of the Project or has otherwise objected to certification of the Project.

      CONCLUSIONS OF LAW


    69. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, this proceeding. This proceeding has been conducted in accordance with the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Statutes, and Chapter 62-17, Part I, Florida Administrative Code, which set out the procedures for power plant siting reviews.

    70. In accordance with Chapters 120 and 403, Florida Statutes, and Chapter 62-17, Florida Administrative Code, proper notice was accorded to all persons, entities, and parties entitled to such notice, and appropriate notice was provided to the general public by both the Department and FPL. All necessary and required governmental agencies participated, and the general


      public had the opportunity to fully participate, in the certification process. Reports and studies were issued by FDEP, the Department of Community Affairs, the Florida Department of Transportation, the Florida Fish and Wildlife Conservation Commission, the South Florida Water Management District, the Treasure Coast Regional Planning Council, and Martin County in accordance with their various statutory duties under the PPSA.

    71. The Florida Public Service Commission has issued its determination that a need exists for the electrical generating facility and the electricity it will produce, in accord with Section 403.519, Florida Statutes.

    72. By its own terms, the PPSA "shall not apply" to electrical power plants for which applications for permits were made prior to 1973. Section 403.506(1), Florida Statutes; Chapter 73-33, Laws of Florida. FPL applied for permits for Martin Units 1 and 2 prior to 1973, and thus the PPSA does not apply to those existing units. FPL has not in this proceeding sought to invoke the jurisdiction of the PPSA with respect to existing Martin Units 1 and 2, nor has FPL elected to apply for certification of Units 1 and 2 under the optional PPSA provision for certification of existing electrical power plants codified at Section 403.5175, Florida Statutes.


    73. Competent, substantial evidence and testimony produced at the certification hearing demonstrates that FPL has met its burden of proof to demonstrate that the Martin Unit 8 Project, including the proposed transmission line corridor, meets the criteria for certification under the PPSA. Unrebutted testimony and other evidence produced at the hearing demonstrates that the safeguards for construction and operation of the Martin Unit 8 Project are technically sufficient to protect the public welfare of the citizens of Florida and are otherwise reasonable and available methods to achieve that protection of the public. The Martin Unit 8 Project will result in minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life. In addition, the Project will not conflict with the state comprehensive plan or the local comprehensive plan for Martin County, Florida. If operated and maintained in accordance with this Recommended Order and the FDEP's proposed Conditions of Certification, the Martin Unit 8 Project will comply with the applicable nonprocedural requirements of all agencies. Furthermore, certification of the Project, including the associated transmission line facility, will fully balance the increasing demand for electrical power plant location and


operation in this State with the broad interests of the public that are protected by the PPSA.

RECOMMENDATION


Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Siting Board grant full and final certification to Florida Power & Light Company, under Section 403, Part II, Florida Statutes, for the location, construction, and operation of the Martin Unit 8 Project, representing a 1100 MW combined cycle unit, and including an associated transmission line as described in the Site Certification Application and the evidence presented at the certification hearing, and subject to the Conditions of Certification contained in FDEP Exhibit 2 and incorporated herein by reference.

DONE AND ENTERED this 5th day of March, 2003, in Tallahassee, Leon County, Florida.


CHARLES A. STAMPELOS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 5th day of March, 2003.


COPIES FURNISHED:


Peter C. Cunningham, Esquire Douglas S. Roberts, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314


Scott A. Goorland, Esquire Senior Assistant General Counsel

Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 35

Tallahassee, Florida 32399-3000


Krista Storey, Esquire Tyson Waters, Esquire

Martin County Attorney's Office 2401 Southeast Monterey Road Stuart, Florida 34996


Ross Stafford Burnaman, Esquire

Fish and Wildlife Conservation Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600


Sheauching Yu, Esquire Department of Transportation Haydon Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0450


Colin Roopnarine, Esquire Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100


Robert V. Elias, Esquire

Florida Public Service Commission Gerald Gunter Building

2450 Shumard Oak Boulevard Tallahassee, Florida 32399-0850


Roger Saberson, Esquire

Treasure Coast Regional Planning Council

70 Southeast Fourth Avenue Delray Beach, Florida 33483-4514


Susan Roeder Martin, Esquire Assistant General Counsel

South Florida Water Management District Post Office Box 24680

West Palm Beach, Florida 33416


David B. Struhs, Secretary

Department of Environmental Protection 3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000


Teri L. Donaldson, General Counsel Department of Environmental Protection

3900 Commonwealth Boulevard, Mail Station 35

Tallahassee, Florida 32399-3000


Kathy C. Carter, Agency Clerk Office of the General Counsel

Department of Environmental Protection

3900 Commonwealth Boulevard, Mail Station 35

Tallahassee, Florida 32399-3000


NOTICE OF RIGHT TO SUBMIT EXCEPTIONS


All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.


Docket for Case No: 02-000573EPP
Issue Date Proceedings
Jul. 27, 2004 Intent to Modify Conditions of Certification filed.
Jul. 19, 2004 Letter to H. Oven from B. Linkiewicz regarding FDEP intent to modify conditions of certification for its Martin Power Plant filed.
Jun. 07, 2004 Intent to Modify Conditions of Certification filed by DEP.
Apr. 15, 2003 Final Order on Certification filed.
Mar. 10, 2003 Waiver of Time Frames for Filing Exceptions (filed by S. Martin via facsimile).
Mar. 05, 2003 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Mar. 05, 2003 Recommended Order issued (hearing held February 17, 2003) CASE CLOSED.
Mar. 03, 2003 Letter to Judge Stampelos from P. Cunningham submitting the record of the certification hearing for the FPL Maritn project filed.
Feb. 28, 2003 Notice of Filing Late Signature Page to Joint Proposed Recommended Order filed by D. Roberts.
Feb. 26, 2003 Joint Proposed Recommended Order filed.
Feb. 26, 2003 Notice of Filing Joint Proposed Recommended Order filed.
Feb. 21, 2003 Transcript of Proceedings filed.
Feb. 12, 2003 Notice of Filing Prepared Direct Testimony and Exhibits filed by D. Roberts.
Feb. 10, 2003 (Joint) Pre-hearing Stipulation filed.
Jan. 31, 2003 Notice of Filing Certified Proof of Publication for Notices of Certification Hearing for a Power Plant Siting Application ot be Located in Martin County, Florida filed by P. Cummingham.
Jan. 10, 2003 Notice of FPL`s Initial Witness List filed.
Jan. 10, 2003 List of Witnesses for Certification Hearing (filed by S. Goorland via facsimile).
Jan. 03, 2003 Corrected Department of Transportation`s Witness List (filed via facsimile).
Dec. 24, 2002 Order of Pre-hearing Instructions issued.
Dec. 20, 2002 Motion to Establish Prehearing Schedule filed by D. Roberts.
Dec. 20, 2002 DEP`s Power Plant Site Certification Review for Florida Power & Light Martin Expansion Project Unit 8 filed.
Aug. 29, 2002 Land Use Order filed.
Aug. 19, 2002 Notice of Hearing issued (hearing set for February 17 through 21, 2003; 1:00 p.m.; Indiantown, FL).
Jul. 29, 2002 Order issued. (certification hearing scheduled for November 18-22, 2002, is cancelled and will be re-set for February 17-21, 2003, at a site to be announced)
Jul. 16, 2002 Stipulation and Joint Motion for Alteration of Time Limits filed.
Jun. 10, 2002 Land Use Recommended Order issued.
Jun. 10, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jun. 05, 2002 Notice of Sufficiency (filed by S. Goorland via facsimile).
Jun. 03, 2002 Notice of Filing Joint Proposed Recommended Order on Land Use Hearing filed.
Jun. 03, 2002 Letter to Judge Stampelos enclosing a disk of the joint PRO filed.
May 22, 2002 Florida Power & Light Co. and Department of Enviromental Protection`s Joint Notice of Filing Late Exhibit filed.
May 17, 2002 Transcripts of Proceedings filed.
May 06, 2002 Florida Power & Light Co.`s Notice of Filing Responses to Notice of Insufficiency of the Department of Enviromental Protection filed.
May 01, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 29, 2002 Notice of Filing Certified Proof of Publication for Notice of Filing Application for Site Certification for a Power Plant to be Located in Martin County, Florida filed.
Apr. 29, 2002 Notice of Filing Certified Proof of Publication for Notice of Land Use Hearing for a Power Plant Siting Application to be Located in Martin County, Florida filed.
Apr. 23, 2002 (Joint) Land Use Hearing Prehearing Stipulation filed.
Apr. 16, 2002 Florida Power & Light Co`s Response to Florida Department of Environmental Protection`s Notice of Insufficiency filed.
Apr. 04, 2002 Notice of Insufficiency filed by Department.
Mar. 26, 2002 Order Altering Time Limit issued.
Mar. 20, 2002 Notice of Participation (filed by S. Martin via facsimile).
Mar. 20, 2002 Notice of Substitution of Counsel (filed by S. Martin via facsimile).
Mar. 20, 2002 Notice of Appearance (filed by P. Cunningham).
Mar. 18, 2002 Department of Transportation`s Notice of Intent to be a Party filed.
Mar. 12, 2002 Joint Stipulation and Motion for Alteration of Time Limit (filed via facsimile).
Mar. 11, 2002 Notice of Hearing sent out. (November 18-22, 2002, 9:00 a.m., Indiantown, Florida).
Mar. 11, 2002 Order of Pre-hearing Instructions issued.
Mar. 11, 2002 Notice of Hearing issued (hearing set for May 1, 2002; 9:00 a.m.; Indiantown, FL).
Mar. 08, 2002 Letter to Judge Johnston from D. Roberts regarding venue of hearing filed.
Mar. 07, 2002 Notice of Participation (filed by Martin County via facsimile).
Mar. 01, 2002 Response to Initial Order (filed by DEP via facsimile).
Feb. 28, 2002 Notice of Intent to be a Party (filed by R. Burnaman via facsimile).
Feb. 25, 2002 Department of Environmental Protection`s Correction to Proposed Site Certification Application Schedule (filed via facsimile).
Feb. 25, 2002 Department of Environmental Protection`s Proposed Site Certification Applications Schedule (filed via facsimile).
Feb. 22, 2002 Notice of Filing of Site Certification Application filed by DEP.
Feb. 19, 2002 Initial Order issued.
Feb. 18, 2002 Statement of Completeness (filed by S. Goorland via facsimile).
Feb. 08, 2002 Notice of Filing of List of Affected Agencies (filed via facsimile).
Feb. 08, 2002 Notice of Receipt of Power Pant Siting Application and Request for Assignment of Administrative Law Judge (filed via facsimile).

Orders for Case No: 02-000573EPP
Issue Date Document Summary
Apr. 11, 2003 Agency Final Order
Mar. 05, 2003 Recommended Order Florida Power & Light showed compliance with existing land use plan and zoning ordinances pursuant to Section 403.508(2), Florida Statutes. Certification justified pursuant to Section 403.501 et. seq., F.S. under the Electrical Power Plant Siting Act.
Jun. 10, 2002 Recommended Order
Source:  Florida - Division of Administrative Hearings

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