STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: City of Tallahassee )

Hopkins-to-Bainbridge ) CASE NO. 81-1022TL Transmission Line Corridor )

Certification Application. )

)

RECOMMENDED ORDER

This proceeding was held pursuant to the Transmission Line Siting Act, Sections 403.52 - 403.536, Florida Statutes (1980 Supp.), and Chapter 17-17, Florida Administrative Code, to consider the application of the City of Tallahassee (Tallahassee) for site certification of a 230 kV transmission line running north, and connecting with Georgia Power Company. This line has been designated the Hopkins-Bainbridge line.

Pursuant to proper notice this certification hearing was held on July 13, 1981, in Tallahassee, Florida for the purpose of receiving testimony and evidence concerning whether the location and maintenance of the proposed transmission line corridor, and the construction of the transmission lines, will produce minimal adverse effects on the environment and public health, safety, and welfare.

The following parties entered appearances at the certification hearing:

1. Applicant, City of Tallahassee;

2. Florida Department of Environmental Regulation;

3. Florida Department of Natural Resources;

4. Game and Fresh Water Fish Commission;

5. The Florida Department of Veteran and Community Affairs;

6. Leon County, Florida; and

7. Florida Electric Power Coordinating Group, Inc.

The Riverwood Acres Neighborhood Association had become a party to this proceeding, but on the morning of the final certification hearing and prior to that final certification hearing, the Riverwood Acres Neighborhood Association filed a Notice of Dismissal by which it dismissed its claim to be a formal party in this proceeding, which notice was accepted by the Hearing Officer.

Therefore, the Riverwood Acres Neighborhood Association was not a party to this proceeding at the time of the final certification.

By stipulation with the applicant, City of Tallahassee, Gadsden County, Florida withdrew as a party on July 7, 1981, and was not therefore a party to this proceeding at the time of the final certification hearing.

Upon withdrawal of the Riverwood Acres Neighborhood Association as a party to this proceeding, there remained no issues in dispute between the parties.

Having considered all testimony and evidence properly admitted, having heard argument of counsel, and being otherwise fully apprised herein, the following Findings of Fact, Conclusions of Law, and Recommended Order are entered.

FINDINGS OF FACT

1. The proposed transmission line corridor is for the purpose of connecting a 230 kV line from the City of Tallahassee's existing system to the Georgia Power Transmission grid. The southern terminus of the corridor is in Leon County where the City's 230 kV line running north from the Hopkins' Power Plant makes a right angle turn toward the east, following Interstate Highway 10 (Section 13, Range 1 West, Township 1 North). The northern terminus of the corridor is that point where it ties to the Georgia system in Gadsden County, Florida, just south of the Florida State line in close proximity to the intersection of U.S. Highway 27 and SR 157 (Section 90, Range 1 West, Township 3 North, north of the Watson line). The corridor generally follows a center line conjunct with the Range 1 West range line, except that approximately 2.75 miles north of its southern terminus the corridor bends approximately 25 degrees to the east for a distance of approximately one-half mile before turning north for approximately 1.4 miles at which point the corridor turns west approximately 25 degrees for a distance of approximately 1.2 miles, and then turns east approximately 35 degrees for approximately 8 miles before once again turning north. The corridor encompasses several major highways, including Interstate Highway 10 and U.S. Highway 27. It also encompasses part of the Ochlocknee River, the Gadsden County, Florida landfill, part of the Tallahassee Commercial Airport, and part of the Ochlocknee Wildlife Management Area and Lake Talquin State Recreation Area. Just north of the rest stop on Interstate Highway 10, the corridor includes an area known as Riverwood Acres, a non-platted subdivision. The center line of the corridor bisects the subdivision. From its southern origin north, for approximately the first one mile of the corridor, the width of the corridor is approximately 9/16 mile. Thereafter the width of the corridor is approximately 1/2 mile. The location of the corridor is depicted in Figures 2-3, 2-6A, 2-6B, and 2-6C of the application. There being no more definitive a description of the location of the corridor than that shown in the maps comprising figures 2-6A, B, and C of the application, it is found as a matter of fact that those figures define the parameters of the proposed corridor. The length of the corridor is approximately 15 miles.

   
   

   The purpose of the corridor is to provide a 100 foot right-of-way for a 230 kV transmission line constructed upon H-frame wood poles, with an approximate span of 600 feet.

   
   

2. Pursuant to the requirements of Section 403.537, Florida Statutes (1980 Supp.), the Florida Public Service Commission, by order dated March 31, 1981, found that:

   
   

   1. The construction of the proposed transmission line will enhance electric system reliability and integrity.

   2. The proposed transmission line will improve the availability of low-cost electric energy within the State of Florida.

   3. The point at which the City of Tallahassee proposes to connect to the construction of Georgia Power Company, and the point at which it proposes to connect to

      its own system, are the appropriate starting and ending points of the line.

      
      

      The Public Service Commission then concluded that the proposed transmission line is needed.

      
      

3. Approximately 11.0 miles of the corridor's center line traverses land that is wooded and undeveloped. The remainder of the corridor center line, 3.9 miles, crosses land that reflects some type of human development or use. That includes land that is currently agricultural, in improved pasture, or simply open, cleared land. Although no residences lie within the corridor's center line, houses do lie elsewhere within the corridor. Several houses are located near the southern end of the corridor just north of Interstate Highway 10 in the area referred to as Riverwood Acres. Several houses are located near the Gadsden County Sanitary Landfill, and scattered houses are located in the corridor to the west of the Concord and to the south of the Darsey communities. Immediately beyond the eastern corridor boundary, but not within the corridor, is a developing neighborhood located in Township 1 north, Range 1 West, Section

1. In that area residential property boundaries abut the eastern corridor boundary. Because of the objection by homeowners in the Riverwood Acres area, the width of the corridor has been slightly extended along the western and eastern boundaries so that the right-of-way may be placed with least impact upon the homes in that area.

   
   

   Approximately 0.05 acres of agricultural land will be directly disturbed by placement of transmission structures. It is expected that agricultural land can continue to be farmed between transmission structures.

   
   

   Where possible, existing road crossings or roads adjacent to the right-of-way will be utilized for maintenance and construction purposes. Where necessary, new access roads will be developed, but only to the extent needed for construction and maintenance of the line.

   
   

   1. The only major water body crossed by the proposed corridor is the Ochlocknee River. Impacts to the river should be negligible since the line structures on each side of the river will be physically located away from the river banks, and the lines and structures spanning the river will be situated well above the ordinary high water mark as defined by the United States Corps of Engineers. The uncontradicted evidence presented indicates that other streams or small water bodies crossed by the corridor will not be adversely impacted. Similarly, the uncontradicted evidence established that the two wetland areas to be crossed by the corridor center line will not be adversely impacted.

      
      

   2. A 230 kV transmission line is not considered an extra high voltage transmission line. Lines at 345 kV or larger are considered extra high voltage lines. The uncontradicted evidence establishes that there will be no significant noise impacts from the proposed transmission line operation.

      
      

   3. Except as otherwise noticed in the Findings of Fact herein, the uncontradicted evidence established that the proposed transmission line, if constructed along a right-of-way in the proposed corridor, pursuant to the conditions of certification, would have no significant adverse effect on the environment. Its impact on the environment will be minimal.

   4. Although none of the parties to this proceeding posed any objection to the proposed transmission line corridor and the transmission line to be constructed therein, three members of the public gave testimony in opposition to the site certification at the final certification hearing. The three persons were all residents of Riverwood Acres and were generally expressing the concerns of the neighborhood. Their sincere concern is evidenced by the excellent quality of their presentation. They expressed their opinion that their land value would be diminished by the construction of a transmission line adjacent or over their property. While it is difficult to consider the construction of such a transmission line as an enhancement to the property, as established by the testimony of their property will be diminished by the construction of the transmission line. These public witnesses also expressed a concern for the aesthetic damage to their neighborhood by the construction of this transmission line. It is found as a matter of fact that should the transmission line be constructed over or adjacent to these residential owners in Riverwood Acres, the aesthetic value of their environment would be diminished by the visual impact of the transmission line. Finally, these public witnesses expressed their concern and belief that the effects of the electric and magnetic fields generated by the transmission line would effect the health and welfare of the residents of the neighborhood. However, as established by the testimony of two witnesses expert in the areas of electrical engineering, radiation biology, and biophysics, the electric and magnetic field forces encountered in the vicinity of the transmission line at ground level will have essentially no biological effect, and will be no stronger than similar forces encountered in the normal course of modern daily life.

      
      

      These members of the public presented a thoughtful, well conceived proposed alternative routing which would take the proposed transmission line around their residential neighborhood. However, the evidence presented in this proceeding does not establish that the existence of the alternative proposed by these members of the public by itself indicates that the corridor for which site certification has been requested, will not produce minimal adverse effects on the environment, public health, safety and welfare.

      
      

   5. The Department of Environmental Regulation, the Department of Veterans and Community Affairs, the Department of Natural Resources, the Florida Game and Fresh Water Fish Commission, and the Northwest Florida Water Management District have all recommended that the proposed transmission line corridor will have minimal, if any, adverse effects on the environment and public health, safety and welfare. Those agencies have recommended no reason why the site should not be certified subject to the conditions proposed by the Department of Environmental Regulation, which conditions are attached to this Recommended Order.

      
      

   6. Notice of the final certification hearing was published on May 13, 1981, in the Tallahassee Democrat, a daily newspaper published at Tallahassee, in Leon County, Florida.

      
      

      CONCLUSIONS OF LAW

      
      

   7. This proceeding was held pursuant to the Transmission Line Siting Act, Sections 403.52-403.536, Florida Statutes (1980 Supp.), and Chapter 17-17, Florida Administrative Code.

      
      

   8. Notice in accordance with Chapter 403 and Chapter 120, Florida Statutes, and Chapter 17-17, Florida Administrative Code, has been given to all persons and parties entitled thereto, as well as the general public.

   9. The purpose of this site certification hearing was to receive testimony and evidence concerning whether the location and maintenance of the transmission line corridor, and the construction of the transmission lines with pertinent maintenance, will produce minimal adverse effects on the environment and public health, safety and welfare, and 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 environmental impact resulting from the construction of the line and the location and maintenance of the corridor.

      
      

   10. The record of this hearing consists of all pleadings and papers filed herein, including the site certification application, as amended, the transcript of all hearings, all orders entered by the Hearing Officer, and all evidence and exhibits properly admitted to the record.

       
       

   11. Section 403.526(6), Florida Statutes (1980 Supp.), requires the Florida Game and Fresh Water Fish Commission to prepare a report as to the impact of the proposed transmission line and corridor on fish and wildlife resources. That report was prepared and has been admitted into evidence in this proceeding. Subject to the conditions of that report which have been embodied in the Conditions of Certifications proposed by the Department of Environmental Regulation and accepted by the applicant, the report has found that the line will have no significant adverse impact on fish and wildlife resources.

       
       

   12. Section 403.526(3), Florida Statutes (1980 Supp.), requires that the Florida Department of Natural Resources prepare a report as to the impact of each proposed transmission line or corridor on matters within its jurisdiction. Such a report was timely made, submitted, and introduced into evidence. That report is included in the Department of Environmental Regulation's report.

       
       

   13. Northwest Florida Water Management District is required by Section 403.526(4), Florida Statutes (1980 Supp.), to submit a report with regard to the impact on water resources of the proposed corridor. That water management district has timely submitted such a report, which, as supplemented by the testimony given in this proceeding, finds no adverse impact on water resources.

       
       

   14. The report of the Department of Veteran and Community Affairs required by Section 403.526(5), Florida Statutes (1980 Supp.), as to the impact of the corridor on land use and other matters within its jurisdiction, contains the statement that the Department has no adverse comments on the proposed corridor.

       
       

   15. The report of the Department of Environmental Regulation required by the Transmission Line Siting Act has been timely filed and recommends certification of the corridor contingent upon compliance with the proposed Conditions of Certification and, for that part of the corridor which includes the Talquin State lands, upon the granting of the appropriate easement from the Trustees of the Internal Improvement Trust Fund.

       
       

   16. The location and maintenance of the proposed transmission line corridor, and the construction of the subject transmission lines as described by the evidence admitted to the record, if made subject to the Conditions of Certification attached, will have minimal adverse effects on the environmental and public health, safety and welfare.

   17. Need for the subject transmission line has been established by order of the Florida Public Service Commission pursuant to Section 403.537, Florida Statutes (1980 Supp.).

       
       

   18. The Conditions of Certification proposed by the Department of Environmental Regulation and attached hereto, have been agreed to by the applicant. While, upon a consideration of all the evidence in this proceeding, including the proposed Conditions of Certification, it is concluded that as a matter of law a reasonable balance exists between the need for the transmission lines and the environmental impact resulting from their construction, certain reservations of a general nature must be articulated with regard to the Conditions of Certification. Throughout the Conditions there is found language typified by the following extracted from Section IX.A.1 wherein it states: "Filling and construction in water of the State shall be minimized to the extent practicable" (emphasis added). The vagueness of language such as "to the extent practicable" is of serious concern. The standard by which the word "practicable" is measured is inarticulated. Thus, it can be hypothesized that at some later time much debate could be had over what is, or is not "practicable". Because of the facts of this particular site certification application, the vagueness of that type language in the Conditions of Certification does not detract from the protection to the environment provided by the Conditions. However, in future site certification proceedings such vague language would have to be considered in light of the particular facts of that site certification application and the recommendation of the use of that language in this proceeding should not be considered as precedent for use in future proceedings.

       
       

   19. It is noted that, pursuant to the requirements of Section 403.531(3), Florida Statutes (1980 Supp.), this certification proceeding does not preempt the jurisdiction of the Board of Trustees of the Internal Improvement Trust Fund nor eliminate the need for any license, easement or other interest in state lands which would ordinarily be sought from the Trustees. Further, as provided by the above statute, it is proper to condition this certification upon the issuance by the Trustees of the appropriate interest in state land as may be required to effect construction of the proposed lines.

RECOMMENDATION

Having reviewed the record of this proceeding, and based upon the Findings of Fact and Conclusions of Law set forth herein, it is

RECOMMENDED that certification, pursuant to the Transmission Lines Siting Act, Chapter 403, Florida Statutes (1980 Supp.), be GRANTED to the City of Tallahassee for the transmission line corridor and the construction of the subject transmission lines as proposed in the application as amended and the evidence admitted to the record. It is further RECOMMENDED that certification be made subject to the Conditions of Certification attached hereto and the further condition pursuant to the requirement in Section 403.531(3), Florida Statutes (1980 Supp.), that the City of Tallahassee shall be required to seek any necessary interests in state lands, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, from the Board prior to engaging in any activity on or affecting such lands.

DONE AND ENTERED this 23rd day of July 1981 in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of July 1981.

COPIES FURNISHED:

Louis F. Hubener, Esquire

Department of Environmental Regulation Twin Towers Office Building

2600 Blair Stone Road Tallahassee, Florida 32301

C. Laurence Keesey, Esquire

Department of Veteran and Community Affairs Room 204, Carlton Building

Tallahassee, Florida 32301

Paul Sexton, Esquire Public Service Commission

101 East Gaines Street Tallahassee, Florida 32301

Douglas Stowell, Esquire

Northwest Florida Water Management District Route 1, Box 3100

Havana, Florida 32333

Kenneth Gilleland, Esquire

Game and Fresh Water Fish Commission Bryant Building

620 South Meridian Street Tallahassee, Florida 32301

John Williams, Esquire Department of Natural Resources 3300 Commonwealth Building Tallahassee, Florida

Ted Steinmeyer, Esquire Leon County Attorney

Leon County Courthouse, Room 203 Tallahassee, Florida 32301

John Shaw Curry, Esquire Gadsden County Attorney Post Office Box 469 Quincy, Florida 32351

Barrett Johnson, Esquire c/o Mahoney, Hadlow & Adams Post Office Box 471 Tallahassee, Florida 32302

James R. Brindell, Esquire Post Office Box 3103 Tallahassee, Florida 32303 (Representing Riverwood Acres Neighborhood Association)

Docket for Case No: 81-001022

Orders for Case No: 81-001022