STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA POWER AND LIGHT COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2044TL

) STATE OF FLORIDA, DIVISION OF ) STATE PLANNING, )

)

Respondent, )

)

FLORIDA PUBLIC SERVICE )

COMMISSION, )

)

Intervenor. 1/ )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on January 9, 1978, in Tallahassee, Florida. Thereafter, on January 20, 1978, counsel for all parties submitted Proposed Findings of Fact and Conclusions of Law with the undersigned Hearing Officer for consideration and assistance in the preparation of this Recommended Order.

APPEARANCES

For Petitioner: Carlos Alvarez, Esquire

Mahoney, Hadlow and Adams Post Office Box 5617 Tallahassee, Florida 32301

For Respondent: Henry Dean, Esquire

Division of State Planning 660 Apalachee Parkway

Tallahassee, Florida 32304

For Intervenor: Barrett G. Johnson, Esquire

Florida Public Service Commission Fletcher Building

101 East Gaines Street Tallahassee, Florida 32304

PROCEDURAL BACKGROUND

Florida Power and Light Company, Petitioner herein, is in the process of planning and constructing a 240 KV electrical transmission line in Manatee County, Florida. This transmission line extends between a substation near the so-called Manatee Electric Power Plant in Manatee County, Florida, and a proposed Baker Substation in Manatee County, Florida (sometimes herein called

Beker-Manatee transmission line). The issue posed for decision herein is whether or not the Beker-Manatee transmission line is a development of regional impact (DRI) under Chapter 380, Florida Statutes, or Section 22F-2.03, Florida Administrative Code (FAC).

FINDINGS OF FACT

Based on the testimony of the witnesses adduced at the hearing and the entire record compiled herein, I make the following:

1. The Beker-Manatee transmission line was planned and given budget approval by Petitioner in 1974. This action was taken by Petitioner as a result of a documented request by Beker Phosphate Corporation to provide high-voltage service to the proposed Beker Phosphate Corporation mine in Manatee County, Florida. Right-of-way acquisition was begun in June, 1975, and more than one- half of the right-of-way has now been acquired by Petitioner. The original projected in-service date for the transmission line was July 1, 1976, however, completion was delayed due to, inter alia, alleged environmental problems encountered by Beker Phosphate Corporation in bringing its phosphate mine into production. Presently, Petitioner plans to complete construction and have the Beker-Manatee transmission line energized by the Spring of 1980. Additionally, Petitioner plans to construct an electrical transmission line between the proposed Keentown substation in Manatee County, and a proposed substation in DeSoto County near Arcadia, Florida, which is called the Whidden Substation. (Herein, sometimes called the Keentown-Whidden transmission line). The

   Keentown-Whidden transmission line was planned and budgeted by Petitioner during late 1975 as the most appropriate means of satisfying Petitioner's needs including providing reliable and adequate service to the Arcadia area; to provide service for specific customers (future) near the Keentown-Whidden transmission line and utilization of its existing facilities including existing transmission lines; to provide bulk power transfer capacity from Manatee into other parts of Petitioner's service area and to improve all transfer capacity between Tampa Bay and the lower west coast of Florida for mutual load supporting generation for emergency and economic reasons. According to its present plans, Petitioner plans to complete construction and have the Keentown-Whidden transmission energized by the summer of 1981, that is more than one year after the Beker-Manatee line is built and energized. On October 14, 1977, Respondent issued a binding letter of interpretation concluding that the Beker-Manatee transmission line is a development of regional impact within the guides of Chapter 380, Florida Statutes, and pertinent regulations since it formed a part of the Keentown-Whidden transmission line. However, in support of this position, Respondent introduced testimony and statements during the hearing indicating that its decision that the subject line is a development of regional inpact is based on five factors as follows:

   
   

   1. The Beker-Manatee transmission line is a 240 KV line,

      
      

   2. That the Beker-Manatee Line connects to the Keentown-Whidden transmission line,

      
      

   3. One of the functions of the Keentown-Whidden transmission line is to transfer bulk power,

      
      

   4. That the subject line is "the" source of power to energize the Keentown-Whidden transmission line and

   5. The Beker-Manatee and Keentown-Whidden lines are inseparable because without the Beker-Manatee transmission line the Keentown-Whidden transmission come not be energized.

      
      

2. An examination of these factors revealed that the first three factors are applicable to all 240 KV lines of Petitioner as well as all other power companies. Specifically, testimony was introduced without rebuttal that all other 240 KV transmission lines connect with the subject line as well as the Keentown-Whidden line and form a statewide transmission system in what is commonly referred to as the "Grid". And of course, a primary function of all

   240 KV transmission lines is to transmit bulk power. The remaining two factors, when examined, indicate that the Respondent relied on erroneous factors and/or conclusions in reaching its determination that the subject line is a development of regional impact. In this regard, testimony was introduced to the effect that the Beker-Manatee transmission line could be energized through any transmission line within the electrical grid provided the right switching devices were activated. It was also noted that the Keentown-Whidden transmission line could be energized without the Beker-Manatee transmission line provided again that the appropriate switching devices were activated. Throughout the engineering profession, transmission lines are customarily defined by the electric utility industry and by federal and state governmental agencies involved in the regulation of transmission lines, as a line extending from an electric generating power plant to the nearest substation or from a substation to the nearest substation. For example, the Federal Power Commission and the Institute of Electrical and Electronic Engineers' Standard Dictionary of Electrical Terms (1971) define transmission lines in this manner. With this in mind, it was noted that the Beker-Manatee transmission line is a line which extends from a substation to the nearest substation and it does not cross a county line. Respondent failed to demonstrate why the subject transmission line should not be reviewed as similar lines have been throughout the electric utility industry. Consideration was given to Respondent's argument that the subject line must be viewed as an integral electrical transmission line which when completed will connect and cross portions of DeSoto, Hardee and Manatee counties. However, evidence was introduced that when the subject line is completed, it like all other 240 KV lines form a contiguous segment of the entire electrical grid throughout the United States, and in that respect, such a consideration is not a distinguishing factor for this or any other 240 KV transmission line.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

4. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

5. The authority of the Respondent, Division of State Planning, is derived from Chapter 380.06 and Chapter 22F, Florida Administrative Code.

   
   

6. Section 380.06(1), Florida Statutes, states:

   
   

   Developments of regional impact as used in this section, means any development which, because of its character, magnitude or location would

   have a substantial effect upon the health, safety or welfare of citizens of more than one country.

   Chapter 22F-2.03, Florida Administrative Code, also states:

   
   

   The following developments [are] to be presumed to be developments of regional impact and subject to the requirements of Chapter 380, Florida Statutes:

   (2) Any proposed electrical transmission line which has a capacity of two hundred thirty

   (230) Kilovolts or more and crosses a county line. Provided, however, that no electrical transmission line shall be considered as falling within the standard if its construction is to be limited

   to an established right-or-way as specified in Section 380.04(3)(b), Florida Statutes.

   
   

   Therefore, the Keentown-Whidden transmission line is a development of regional impact under Chapter 380, Florida Statutes, and Section 22F-2.03, Florida Administrative Code, since it has a designed capacity in excess of 230 kilovolts and crosses a county line.

   
   

7. The Beker-Manatee Transmission line is not a development of regional impact under Chapter 380, Florida Statutes, or Section 22F-2.03, Florida Administrative Code, since as found above, although it has a designed capacity of more than 230 kilovolts, it does not cross a county line.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is recommended that the Division of State Planning issue a binding letter of interpretation to Florida Power and Light Company holding that the proposed Beker-Manatee line does not meet the criteria of Chapter 380, Florida Statutes, and Section 22F-2.03, Florida Administrative Code and therefore is not a development of regional impact.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 14th day of February, 1978.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

ENDNOTE

1/ Intervention was granted due to the fact that the proceeding, at least in part, involves components of the statewide energy grid which is within the Intervenor's primary and exclusive jurisdiction pursuant to Chapter 366.04(3), Florida Statutes. And, pursuant to Chapter 366.015, Florida Statutes, the Intervenor is mandated to intervene in matters of this kind.

COPIES FURNISHED:

Carlos Alvarez, Esq. Mahoney, Hadlow and Adams Post Office Box 5617 Tallahassee, FL 32301

Henry Dean, Esq.

Division of State Planning 660 Apalachee Parkway

Tallahassee, FL 32304

Barrett G. Johnson, Esq.

Florida Public Service Commission Fletcher Building

101 E. Gaines Street Tallahassee, FL 32304

Docket for Case No: 77-002044

Orders for Case No: 77-002044