STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: HARDEE POWER STATION, ) POWER PLANT SITE CERTIFICATION )
APPLICATION, TECO POWER SERVICES, ) CASE NO. 89-3560 TAMPA ELECTRIC COMPANY, AND )
SEMINOLE ELECTRIC COOPERATIVE, INC.) PA 89-25 )
)
RECOMMENDED ORDER
The final hearing in this case was held on March 6, 1990, in Wauchula, Florida, and on May 3, 1990, in Bartow, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. Appearances on behalf of all parties are included in Appendix A to this Recommended Order.
STATEMENT OF THE ISSUE
The issue in this case is whether the proposed site of the Hardee Power Station, including affiliated components and linear facilities, is consistent and in compliance with existing land use plans and zoning ordinances in the Counties of Polk, Hardee, DeSoto, Charlotte and Lee, and in the Cities of Auburndale, Bartow, Polk City and Cape Coral.
PRELIMINARY STATEMENT
At the hearing, the Co-applicants (Tampa Electric Company, Teco Power Services Corporation and Seminole Electric Cooperative, Inc.) called Michael Opalinski, manger of environmental affairs at Seminole Electric, Mike Roddy, senior environmental engineer at Seminole Electric, George D. Jennings, vice- preseident of operations and development at Teco Power Services, Gregory M. Nelson, consulting engineer in the environmental planning department at Tampa Electric, Analee Moore, who was accepted as an expert in land use planning, and Paulette Horne, assistant zoning director with the Charlotte County Zoning Department. Co-applicants introduced 72 exhibits.
The Department of Environmental Regulation (Department) did not call any witnesses, but did introduce one exhibit. None of the other paties, including Intervenors James Slack, M.J. Katzen, Jr., and Johannes Schmid, called any witnesses or introduced any exhibits. Two members of the public, Herbert A. Browns and Lorraine Pollack, testified.
The final volume of the transcript of the final hearing was filed on May 9, 1990, and the parties were allowed ten days thereafter within which to file proposed recommended orders. The Co-applicants and the Department filed a joint proposed recommended order, and a ruling on their proposed recommended order is included in the Appendix to this Recommended Order.
FINDINGS OF FACT
Ultimate Site Capacity for Hardee Power Station Project
The site for the proposed Hardee Power Station electric generating equipment is a 1,300 acre site located at the Polk and Hardee County lines approximately 9 miles northwest of the City of Wauchula in Hardee County. The Hardee Power Station electrical generating structures will be located primarily in Hardee County; a major portion of the 570 acre cooling reservoir is located in Polk County.
Co-applicants have proposed in their Site Certification Application an ultimate nominal capacity of 660 megawatts, and certification of the electric generating equipment, associated cooling reservoir, associated natural gas pipeline, and three associated transmission lines, described in paragraphs 2 through 7 above.
In March of 1989, the Florida Public Service Commission issued an initial need order based on SECI's application for a need determination for construction of two 220 megawatt combined cycle facilities. The PSC order confirmed the following: 1) SECI's need for 450 megawatts of back-up generation capacity; 2) the three interconnection points for the three 230 kV transmission lines; and 3) that a combined cycle plant was SECI's least costly alternative to constructing this electric generation capacity. Thereafter, SECI contracted with Teco Power Services Corporation for, among other things, the construction of the combined cycling units. In December of 1989, the PSC issued a final need order.
Hardee Power Station Project
Co-applicants propose to construct and operate a combined cycle power plant and associated transmission lines and natural gas pipeline facilities. The Hardee Power Station project will consist of combined cycle electric generating facilities with an ultimate nominal capacity of 660 megawatts to be constructed in two phases. In phase 1-A, one 220 megawatt (nominal) combined cycle unit will be built along with one 75 megawatt (nominal) combustion turbine, resulting in a total of 295 megawatts (nominal), to begin commercial operation in January of 1993. In phase 1-B of the project, an additional 75 megawatt (nominal) combustion turbine and a 70 megawatt (nominal) heat recovery steam generator will be added to the facility resulting in an additional 145 (nominal) megawatt combined cycle facility, the capacity of which is scheduled to be on line in January of 2003. Phase 2 of the project is the addition of a third 220 megawatt (nominal) combined cycle facility at an unspecified future date.
Associated with the Hardee Power Station electrical generating plant will be a cooling reservoir to cool the steam in the heat recovery steam generator so that water can be reused in the system. The cooling water will be returned to the reservoir which is designed to discharge water in excess of the 10-year, 24-hour storm event. The Hardee Power Station will also have associated oil storage and handling facilities, water treatment facilities, a control building and warehouse, and an administrative building.
Power generated from the Hardee Power Plant will be distributed to the Pebbledale, Vandolah and Lee County substations via three 230 kV transmission lines. One line, owned by Tampa Electric Company, heads north from the plant site and terminates at the Pebbledale substation. A preferred corridor and an
alternate corridor have been proposed for this line. The other two transmission lines, owned by SECI, will head south from the Hardee Power Station facility and follow their respective corridors, one terminating at the Vandolah substation and the other at the Lee County substation.
The corridors running north from the plant site to the Pebbledale substation are approximately 16 miles in length with a corridor width of approximately 1/2 mile but varying in sections from 1/4 of a mile to 1 mile. The transmission line heading south from the plant site to the Vandoloah substation will be approximately 8 miles in length and generally 1/2 mile in width with variations from 1/2 mile to 3/4 of a mile. The transmission line running south from the plant site to the Lee County substation will be approximately 78 miles in length with a width generally of 1/2 mile with variations from 150 feet to approximately 1 mile. The transmission line structures will encompass only the rights-of-way within the corridors. The right-of-way for a typical H frame structure ranges from 100 to 150 feet while the right-of-way for a single pole structure ranges from 75 feet to 100 feet.
The H-frame structures consist of two vertical poles having a typical out-of-ground height of approximately 65 feet with cross-arm assemblies holding porcelain insulators. The single pole structure consists of a single vertical structure with a typical out-of-ground height of 95 feet with insulator sets holding the conductors in place. Construction and maintenance activities with respect to these structures will require the construction of access roads.
The proposed power plant facility will include a natural gas pipeline which will connect into the existing Florida Gas Transmission pipeline system north of Polk City. The pipeline will route south past Polk City, Auburndale, and Bartow to State Road 60. The pipeline will then continue past Pierce and Bradley Junction until it meets County Road 630 where the pipeline heads east until it reaches County Road 663 where it turns south to the plant site. The natural gas pipeline will be an 18-inch diameter pipe which will be buried three feet underground with a length of approximately 49 miles. The purpose of the pipeline is to transport natural gas, the primary fuel for the facility, to the plant site.
The DER published notices of the March 6, 1990 land use hearing in the Herald-Advocate (Hardee County) on January 18, 1990 in the Tampa Tribune, the Mulberry Press (Polk County), and the Ledger (Polk County) on January 15, 1990; and in the DeSoto County Times on January 17, 1990. Notice of the March 6, 1990 hearing was also published in the Florida Administrative Weekly on January 19, 1990. Co-applicants published notice of the May 3, 1990 continuance of the March 6, 1990 land use hearing in the April 18, 1990 editions of the Lakeland Ledger, the Tampa Tribune, the DeSoto County Times, the Ft. Myers News-Press (Lee County), the Cape Coral Daily Breeze, the Bradenton Herald, and the Charlotte Sun/Herald-News. On April 18, 1990, the Hearing Officer reviewed Co- applicants' Notice of Resumption of Land Use and Zoning Hearing and found it sufficient to provide notice to all parties and the public of the continuation of the land use hearing.
Polk County
Aspects of the power plant and associated facilities, including preferred and alternative corridors, to be located in Polk County include: (a) a portion of the cooling reservoir; (b) a 230 kV transmission line extending from the plant to the Pebbledale substation; (c) a natural gas pipeline
extending from the plant to Florida Gas Transmission Company's main gas line north of Polk City; and (d) miscellaneous appurtenances and accessories, including access roads.
The land use plan that governs the Hardee Power Station and associated linear facilities located in Polk County is the Polk County Comprehensive Plan as adopted by the Board of County Commissioners on June 26, 1979. The applicable zoning regulation is the 1983 Polk County zoning ordinance.
Polk County has not adopted a land-use plan map and thus there are no land use plan designations encompassed by the site or its associated facilities in Polk County. With respect to Polk County's Comprehensive Plan, the Polk County Chief of Current Planning, ron Borchers, on January 20, 1989, confirmed that the cooling reservoir, transmission line, and natural gas pipeline complied with Polk County's Comprehensive Plan. Expert testimony also demonstrated that the proposed project is consistent and in compliance with the zoning ordinance and land use plan of Polk County.
The Polk County Zoning category for the Hardee Power Station generating facility site and the cooling reservoir site is RC (rural conservation). The transmission line corridor crosses four zoning categories in Polk County: RC (rural conservation district); GI (general industrial district); R3 (rural residential district); and R2 (rural residential district). The gas pipeline corridor crosses the following zoning categories within Polk County: R1, R2, and R3 (residence districts); RE1 and RE2 (rural estates districts); SF1 (single family district); SF1M (single family district); RC and RC2 (rural conservation districts); C2 (commercial district for a multi- neighborhood commercial); C3 (commercial district for regional commercial; C4 (commercial district for heavy commercial; GI (general industrial district; and PUD (planned unit development district. In Polk County gas pipelines are classified as Class I essential services and are permitted in all zoning districts. By letter dated January 24, 1989, Zoning Administrator Gerald Martin confirmed that the plant site and associated facilities are in compliance with the Polk County Zoning Ordinance, stating:
Specifically, transmission lines and gas pipelines are Class I essential services; and the power plant's cooling reservoir is a Class
II essential service. Class I essential services are permitted in all zoning districts. The site of the proposed cooling reservoir in Polk County is zoned Rural Conservation (RC) which permits Class II essential services. Therefore, these proposed facilities are in compliance with the Polk County Zoning Ordinance.
Expert testimony also demonstrated that the power plant site and associated linear facilities are in compliance and consistent with Polk County's Zoning Ordinance.
Co-applicants have entered into a stipulation with Polk County in which the County confirms that the site of the power plant and associated facilities, including preferred and alternative corridors, to be located in Polk County are consistent and in compliance with Polk County's existing Land Use Plan and Zoning Ordinance.
Hardee County
Aspects of the power plant and associated facilities, including preferred and alternative corridors, to be located in hardee County include:
(a) the power plant facility; (b) a portion of the cooling reservoir; (c) a portion of the 230 kV transmission line extending from the plant to the Pebbledale substation in Polk County; (d) a 230 kV transmission line from the plant to the Vandolah substation in Hardee County; (e) a 230 kV transmissionline extending from the power plant to the Lee County substation;
(f) a portion of the natural gas pipeline extending to Florida Gas Transmission Company's main gas line north of the power plant in Polk County; and (g) miscellaneous appurtenances and accessories including access roads.
The land use plan that governs the Hardee Power Station in Hardee County for purposes of this hearing is the future land use plan element of the Hardee County Comprehensive Plan. The applicable zoning regulation is Hardee County Zoning Ordinance No. 82-2 as codified in the Hardee County Land Development Code T.
The zoning category for the site of the Hardee Power Station generating facility located within Hardee County is I-1 (light industrial). The light industrial district, as described in the Hardee County zoning ordinance, includes "public and semi-public plants" in an enumeration of authorized "principle uses and structures", and authorizes the proposed power plant. The Hardee County Board of Commissioners rezoned the planned location of the plant site to I-1 on May 11, 1989 to authorize construction of the plant.
The transmission line corridors cross the following zoning categories in Hardee County: I-1 (light industrial); A-1 (agricultural); C-2 (general commercial); FR (farm residential); and C-1 (neighborhood commercial). These linear facilities are authorized uses in all districts pursuant to 2.3G of the hardee County zoning ordinance, which states that "local public utility distributing and collecting structures such as pipes and transmission lines" are "permitted in all zoning districts."
Hardee County has not adopted a land use plan map and thus there are no land-use plan designations affected by the site or associated facilities. The Hardee County Building and Zoning Department staff report on the April 17, 1989 rezoning application confirms that the proposed power plant is in compliance with Hardee County's Comprehensive Plan.
Expert testimony was presented demonstrating that the proposed Hardee Power Station is consistent and in compliance with Hardee County's land use plan and zoning ordinance.
On November 2, 1989, co-applicants and Hardee County entered into a stipulation in which the County confirmed that the proposed site of the power plant and associated facilities, including preferred and alternate corridors, are consistent and in compliance with Hardee County's existing land use plan and zoning ordinance. This stipulation was authorized by the Hardee County Board of County Commissioners on September 21, 1989.
DeSoto County
The associated linear facility located in DeSoto County is an approximately 23 mile portion of a 230 kV transmission line, including miscellaneous appurtenances and accessories, extending from the plant to an existing substation in Lee County.
The land use plan that governs the proposed linear facility is the DeSoto County Ordinance No. 81-3 adopted on June 25, 1981. The applicable zoning regulations are contained in the DeSoto County Zoning Ordinance No. 81- 10.
DeSoto County has not adopted a land-use plan map and thus there are no land use categories crossed by the transmission line corridor in DeSoto County. Expert testimony demonstrated that the proposed transmission line corridor associated with the Hardee Power Station does not contravene the policies or objectives of the DeSoto County Comprehensive Plan.
The transmission line corridor crosses the following zoning categories in DeSoto County: A-5 (rural agriculture); A-10 (agriculture district); E (estate district); IL (industrial light district); CG (commercial general district); RSF-3 (residential signle family district); COS (conservation open space district); TTRVC (travel trailer recreational vehicle and campground district); MHC (mobile home conventional district); and RMF-6 (residential multifamily district). Section 8-8 of the DeSoto County zoning ordinance provides that "electric cables" are "permitted uses" and "allowed as a matter of right" in all zoning districts; thus, the proposed transmission line corridor does not contravene the DeSoto County Ordinance.
On November 2, 1989, a stipulation was entered into between DeSoto County and the Co-applicants confirming that the zoning officials of DeSoto County have reviewed the Co-applicants' site certification application, are familiar with the proposed site of the associated linear facility, and that the proposed facility is consistent and in compliance with DeSoto County's existing land use plan and zoning ordinance. This stipulation was authorized by the DeSoto County Board of Commissioners on September 12, 1989.
Charlotte County
The associated linear facility located in Charlotte County includes approximately 22 miles of a 230 kV transmission line, including miscellaneous appurtenances and accessories, extending from the plant to an existing substation in Lee County.
The land use plan that governs the associated linear facility to be located in Charlotte County is the future land use element of the December 16, 1988 Charlotte County/City of Punta Gorda Comprehensive Plan. The applicable zoning regulations are contained in the Charlotte County zoning regulations adopted by the Board of County Commissioners on December 8, 1981, including the June 30, 1989 amendments to the Charlotte County zoning regulations enacted pursuant to Ordinance No. 89-34.
In Charlotte County, the transmission line corridor crosses the following land use plan categories: agriculture 1 and 2; agriculture conservation; preservation; public; semi-public; commercial; residential estates; mobile home; and low density residential. The transmission line corridor also crosses two overlay districts which include surface water protection districts for Alligator Creek, Prairie Creek, and Shell Creek. The Charlotte County land use plan does not specifically address placement of electric transmission lines. The Charlotte County Comprehensive Plan includes objectives that contemplate ensuring the availability of suitable land for utilities facilities necessary to support development; that the County, in conjunction with private utility franchises, coordinate efforts in identifying appropriately located environmentally suitable land to meet those needs; and
that land suitable for utility facilities necessary to support future development be acquired by either the County or the private utility. The land use plan provides that development is permissible in preservation areas "as may be provided within the land development regulations'. Thus, to the extent that such development is permitted within preservation areas under the zoning ordinance, it similarly is authorized under the land use plan.
In Charlotte County, the transmission line corridor crosses the following zoning categories: AE (agriculture estate); AG (agriculture general); CG (commercial general); CI (commercial intensive); ES (environmentally sensitive); MHC (mobile home conventional); MHP (mobile home park); PD (planned evelopment); RE-5 (residential estate); RMF-10 (residential multi-family); RSF-
3.5 (residential single family); and RE-1 (residential estate). The Charlotte County zoning ordinance traditionally has been applied as authorizing transmission lines without the requirement of obtaining a special exception permit. Unrebutted expert testimony confirmed that this interpretation comports with the language of the zoning ordinance.
Charlotte County has entered into a stipulation in this proceeding confirming that the proposed site of the associated linear facility is consistent and in compliance with Charlotte County's existing land use plan and zoning ordinance. This stipulation was authorized by the Charlotte County Board of Commissioners on September 26, 1989.
Lee County
The associated linear facility located in un-incorporated Lee County is a five mile length of a 230 kV transmission line, including miscellaneous appurtenances and accessories, extending from the plant to an existing substation in Lee County.
The land use plan that governs the linear facility to be located in Lee County is section A of the Lee County Comprehensive Plan (entitled "the Lee Plan") adopted by the lee County Board of County Commissioners on January 31, 1989. The applicable zoning regulations are Lee County's official Zoning Ordinance (Ordinance 86-17) and amendments thereto.
In Lee County, the transmission line corridor crosses four land-use plan categories which include open lands, resource protection transition zones, rural, and central urban. Expert testimony demonstrated that the associated linear facility does not contravene any of the policies or objectives contained in the Lee County Land Use Plan.
The transmission line corridor corsses the following zoning categories in Lee County: AG-2 (agricultural district); C-2 (commercial district); MH-1 (residential uses); and MH-2 (residential uses). The associated linear facility is an "essential service facility" under Sections 1001.13 and 202.12 of the Lee County zoning ordinance and is permitted in all zoning districts within Lee County.
Lee County has entered into a stipulation in this proceeding confirming that the proposed site of the associated linear facility is consistent and in compliance with Lee County's land use plan and zoning ordinance. This stipulation was authorized by the Lee County Board of Commissioners on February 7, 1990.
City of Cape Coral
The associated linear facility located in the City of Cape Coral is approximately a 3.2 mile portion of a 230 kV transmission line, including miscellaneous appurtenances and accessories, extending from the plant to an existing substation in Lee County, located east of the City of Cape Coral.
The land use plan that governs the proposed linear facilities in Cape Coral is the February 13, 1989 City of Cape Coral Comprehensive Plan. The applicable zoning regulations are the City of Cape Coral Land Development Regulations, as amended February 1990 by Ordinance No. 7-90.
The transmission line corridor crosses three land-use plan categories: mixed use; parks and recreation; and single family. There are no references to transmission line corridors in the Cape Coral land use plan; however, expert testimony was presented that the proposed transmission line corridor does not contravene the City of Cape Coral's land use plan.
The transmission line corridor primarily crosses the agricultural (AG) zoning category in the City of Cape Coral; moreover, the outer fringes of the corridor briefly intersect with a portion of land zoned R1 (single family residential district) where it enters the City of Cape Coral. On February 12, 1990, the City of Cape Coral amended its zoning ordinance to provide, among other things, that the transmission was a permitted use in areas zoned "Agricultural". To the extent a transmission line structure intersects with the R-1 district, it would be authorized under section 2.7.1 of the zoning ordinance. Expert testimony demonstrated that the proposed transmission line is an authorized use under the City of Cape Coral's zoning ordinance.
On February 16, 1990, Co-applicants and the City of Cape Coral entered into a stipulation in which the County confirmed that the Co-applicants' proposed transmission line corridor traverses through an area of the City of Cape Coral that is zoned Agricultural and that, therefore, the transmission line is an authorized use under the City of Cape Coral zoning ordinance.
Furthermore, the County stipulated that the proposed site of the transmission line is consistent and in compliance with the City of Cape Coral's land use plan.
City of Auburndale
The associated linear facility to be located in the City of Auburndale is a portion of a natural gas pipeline that extends from approximately one mile north of Polk City where it interconnects with the existing Florida Gas Transmission 18 inch St. Petersburg lateral and continues south to the Hardee Power Station.
The land use plan that governs the proposed corridor of the natural gas pipeline through the City of Auburndale is the June 1977 City of Auburndale Comprehensive Plan. The applicable zoning regulation is the City of Auburndale's zoning ordinance codified in Chapter 25 of the City of Auburndale Code.
In Auburndale, there are two future land use maps for the City of Auburndale contained in its comprehensive plan. One of these land use plan maps covers an area where the pipeline corridor crosses three land use plan categories: agricultural; medium-density residential; and low-density residential. The City of Auburndale Comprehensive Plan does not mention gas
pipelines. Expert testimony demonstrated that the proposed pepeline corridor does not contravene the land use plan of the City of Auburndale.
Within the City of Auburndale, the proposed gas pipeline corridor crosses the zoning category CH (commercial highway). The City of Auburndale's zoning ordinance defines essential services to include gas facilities and indicates they can be located in any zoning district after review and approval by the City Commission. That review and approval occurred on April 2, 1990 as reflected in the City Commission resolution.
On May 3, 1990, the City of Auburndale entered into a stipulation with Co-applicants wherein the County confirmed that the proposed natural gas pipeline corridor is consistent and in compliance with the City of Auburndale's existing land use plan and zoning ordinance.
City of Bartow
The associated linear facility located in the City of Bartow is a portion of a natural gas pipeline that extends from approximately one mile north of Polk City where it interconnects with the existing Florida Gas Transmission
18 inch St. Petersburg lateral and continues south to the Hardee Power Station.
The land use plan that governs the proposed natural gas pipeline associated with the Hardee Power Station is the 1979 City of Bartow Comprehensive Plan. The applicable zoning regulations are the City of Bartow's zoning ordinance, Ordinance No. 981-A.
The City of Bartow has not adopted a land use plan map so there are no land use plan categories crossed by the pipeline corridor in the City of Bartow. The City of Bartow's comprehensive plan does not mention gas pipelines. Expert testimony demonstrated that the proposed natural gas pipeline will be consistent and in compliance with the City of Bartow's land use plan.
In the City of Bartow, the proposed pipeline crosses the following zoning categories: R1 and R1A (residential districts); C3 (highway commercial); P1 (professional office); and I-1 and I-2 (industrial districts). The City of Bartow's zoning ordinance defines gas pipelines as public service structures which are permitted in all zoning districts after review by the Zoning Commission. That review occurred on March 22, 1990 where the Zoning Commission recommended approval of the proposed gas pipeline. The recommendation was subsequently adopted by the City Commission.
On May 3, 1990, the City of Bartow and the Co-applicants entered into a stipulation in which the City confirmed that the proposed natural gas pipeline corridor is consistent and in compliance with the City of Bartow's existing land use plan and zoning ordinance (Ordinance No. 981-A, as amended).
City of Polk City
The associated linear facility to be located in Polk City is a portion of a natural gas pipeline that extends from approximately one mile north of Polk City where it interconnects with the existing Florida Gas Transmission 18 inch St. Petersburg lateral and continues south to the Hardee Power Station.
The land use plan that governs the proposed natural gas pipeline associated with the hardee Power Station is the Town of Polk City Comprehensive Plan adopted by the City Commission on September 4, 1980. The applicable zoning regulations are contained in Polk City Ordinance 89-11.
In Polk City, the pipeline crosses two land-use categories, commercial and agricultural. The Polk City Comprehensive Plan does not mention natural gas pipelines. Expert testimony demonstrated that the natural gas pipeline corridor will be consistent and in compliance with the City of Polk City's land use plan.
Within Polk City, the proposed natural gas pipeline corridor crosses one zoning category, C1 (commercial restricted). The Polk City zoning ordinance is silent on the matter of gas pipelines. However, the City Commission in Polk City, pursuant to a request by the Co-applicants, approved the proposed natural gas pipeline as an allowable use under the City's zoning ordinance.
On May 3, 1990, Co-applicants and Polk City entered into a stipulation wherein the City confirmed that the proposed natural gas pipeline corridor is consistent and in compliance with Polk City's existing land use plan and zoning ordinance (Ordinance No. 89-11, as amended).
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1) and 403.508(1), Florida Statutes.
Section 403.508(2), Florida Statutes provides, in pertinent part, as follows:
The sole issue for determination at the land use hearing shall be whether or not the proposed site is consistent and in compliance with existing land use plans and zoning ordinances. The designated hearing officer's recommended order shall be issued within 30 days of completion of the hearing
and shall be reviewed by the board within 45 days of receipt of the recommended order by the board. It it is determined by the board
that the proposed site does conform with existing land use plans and zoning ordinances in effect
as of the date of the application, the responsible zoning or planning authority shall not thereafter change such land use ploans or zoning ordinances
so as to affect the proposed iste unless certification is subsequently denied. ...
As used in Section 403.508, Florida Statutes, the term "board" means the Governor and Cabinet sitting as the Siting Board. See section 403.503, Florida Statutes.
Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Governor and cabinet, sitting as the Siting Board, enter a Final Order finding that the site of the Hardee Power Station electric generating facilities and cooling reservoir, the site of the associated natural gas pipeline; and the site of the corridors for the directly associated transmissionlines, as proposed in the Site Certification Application, are consistent and in compliance with existing land use plans and zoning ordinances.
DONE AND ENTERED this 6th day of June, 1990 in Tallahassee, Florida.
DONALD D. CONN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Filed with the Clerk of the Division of Administrative Hearings this 6th day of June, 1990.
Copies Furnished to all persons shown in Appendix A
APPENDIX A APPEARANCES
Hamilton S. Oven, Jr., P.E.
Administrator, Siting Coordination Section Twin Towers Office Building
2600 Blair Stone Road Tallahassee, FL 32399-2400
Richard Donelan, Esquire Gary C. Smallridge, Esquire
Dept. of Environmental Regulation Twin Towers Office Building
2600 Blair Stone Road Tallahassee, FL 32399-2400
G. Stephen Pfeiffer, Esquire Steve Hall, Esquire
Dept. of Community Affairs 2740 Centerview Drive
Tallahassee, FL 32399-2100
Edward B. Helvenston, Esquire Catherine D'Andrea, Esquire
Southwest Florida Water Management District 2379 Broad Street
Brooksville, FL 34609-6899
Sarah Nall, Esquire
South Florida Water Management District
P. O. Box 24680
West Palm Beach, FL 33416-4680
Susan P. Clark, Esquire Suzanne S. Brownless, Esquire
Florida Public Service Commission
101 East Gaines Street Fletcher Building, Suite 212 Tallahassee, FL 32399-0863
Lawrence N. Curtin, Esquire Samuel J. Morley, Esquire
P. O. Drawer 810 Tallahassee, FL 32302
William H. Green, Esquire James S. Alves, Esquire
P. O. Box 6526 Tallahassee, FL 32314
Eugene E. McClellan, Jr., Esquire Dept. of Natural Resources
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
William Powell, Esquire City of Cape Coral Attorney P. O. Box 150027
Cape Coral, FL 33915-0027
Gary Vorbeck, Esquire
DeSoto and Hardee County Attorney
207 East Magnolia Street Arcadia, FL 33821
Sandra Augustine, Esquire Beth A. Sullivan Esquire Charlotte County Attorney 18500 Murdock Circle
Port Charlotte, FL 33948-1094
Mark F. Carpanini, Esquire Polk County Attorney
P. O. Box 60 Bartow, FL 33830
H. Hamilton Rice, Jr., Esquire Jeffrey N. Steinsnyder, Esquire Manatee County Attorney
1112 Manatee Avenue West, Suite 969
P. O. Box 1000 Bradenton, FL 34205
James V. Antista, Esquire Kenneth McLaughlin, Esquire
Florida Game and Fresh Water Fish Commission 620 South Meridian Street
Tallahassee, FL 32399-1600
Rivers H. Buford, Jr., Esquire Dept. of Transportation
605 Suwannee Street, M.S.-58 Tallahassee, FL 32399-0458
Alton Roane, Director
Lee County Division of Planning
P. O. Box 398
Ft. Myers, FL 33902-0398
David Emerson Bruner, Esquire
Southwest Florida Regional Planning Council 1114-B North Collier Boulevard
Marco Island, FL 33937
David C. Holoman, Esquire City of Arcadia Attorney
P. O. Drawer 592 Arcadia, FL 33821
James Q. Duane, Executive Director Ralph Artigliere, Esquire
Central Florida Regional Planning Council
P. O. Box 3
Lakeland, FL 33802-0003
Thomas W. Reese, Esquire Manasota-88
123 Eighth Street, North St. Petersburg, FL 33701
Michael P. Haymans, Esquire
P. O. Box 2159
Port Charlotte, FL 33952
APPENDIX B
RULINGS ON PROPOSED FINDINGS OF FACT (DOAH Case No. 89-3560)
The proposed findings of fact contained in the Joint Proposed Recommended Order filed on behalf of the Co-Applicants and the Department have been substantially adopted in Findings 1-93.
The following rulings are made on proposed findings of fact contained in the Proposed Recommended Order filed on behalf of the Florida Game and Fresh Water Fish Commission:
1-2. Adopted in Finding 70.
Adopted in Finding 71.
Adopted in Findings 72, 73.
Adopted in Finding 76.
Adopted in Finding 77.
Adopted in Finding 78.
Adopted in Finding 79.
Adopted in Finding 80.
Adopted in Finding 81.
Adopted in Finding 82.
Adopted in Finding 83.
The following rulings are made on proposed findings of fact contained in the Proposed Recommended Order filed on behalf of Intervenors Slack and Katzen:
1-2. Adopted in Finding 1.
3-6. Rejected as unnecessary since this is not in dispute.
7. Adopted in Finding 46.
8-10. Adopted in Finding 12, but otherwise Rejected as not based on competent substantial evidence.
Adopted and Rejected in Findings 71-73.
Adopted in Finding 90.
13-14. Rejected as not based on competent substantial evidence 15-16. Adopted in Finding 45.
Adopted in Finding 48.
Adopted in Findings 64, 65.
Adopted in Findings 46, 71.
Adopted and Rejected in Findings 46, 75.
21-26. Rejected in Findings 75-83, and as not based on competent substantial evidence.
27. Rejected in Findings 76, 80, 83, and as not based on competent substantial evidence.
28-30. Adopted in Finding 12, but otherwise Rejected as immaterial and unnecessary.
Rejected in Finding 84, and otherwise as not based on competent substantial evidence.
Adopted in Finding 84.
Adopted in Finding 85.
Rejected as not based on competent substantial evidence and immaterial.
Adopted in Finding 46.
36-37. Rejected in Findings 71-73.
Adopted in Findings 53, 54.
Rejected in Finding 53, and otherwise as not based on competent substantial evidence.
Adopted in Finding 53.
41-42. Rejected as immaterial and irrelevant. 43-44. Adopted in Finding 70.
Adopted in Findings 75-83.
Rejected as a conclusion of law and not a proposed finding of fact. 47-48. Rejected as unnecessary and cumulative.
49. Adopted and Rejected in Finding 79.
50-53. Rejected as unnecessary, immaterial and irrelevant.
54-55. Rejected in Finding 84 and otherwise as not based on competent substantial evidence.
56-57. Adopted in Finding 70.
58. Rejected as speculative, irrelevant, and as not based on competent substantial evidence.
59-60. Adopted in Finding 70.
Rejected in Finding 84 and otherwise as not based on competent substantial evidence.
Adopted and Rejected in Finding 78.
63-64. Adopted and Rejected in Findings 76-80.
65. Rejected as not based on competent substantial evidence 66-71. Adopted in Findings 74, 76 and 79, but otherwise
Rejected in Finding 80 and as unnecessary.
Rejected as unnecessary.
Rejected as not based on competent substantial evidence
Rejected in Findings 73, 75.
Rejected as unnecessary.
Rejected in Finding 77.
77-78. Rejected as irrelevant and immaterial.
APPENDIX C * CONDITIONS OF CERTIFICATION
* NOTE: THE REMAINING APPENDIX CONTAIN MAPS AND OTHER UNSCANABLE MATERIAL WHICH ARE AVAILABLE FOR REVIEW IN THE DIVISION'S CLERK'S OFFICE.
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: HARDEE POWER STATION, ) POWER PLANT SITE CERTIFICATION )
APPLICATION, TECO POWER SERVICES, ) CASE NO. 89-3560 TAMPA ELECTRIC COMPANY, AND )
SEMINOLE ELECTRIC COOPERATIVE, INC. ) PA 89-25 )
)
RECOMMENDED ORDER
The final hearing in this case was held on August 13 through 15, 1990, in Wauchula, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. Appearances entered in this proceeding on behalf of all parties are included in Appendix A to this Recommended Order.
STATEMENT OF THE ISSUES
The issue in this case is whether the Hardee Power Station and its associated facilities, including the corridors for the directly associated transmission lines and the natural gas pipeline, should receive certification.
PRELIMINARY STATEMENT
On June 30, 1989, Co-Applicants filed their application for power plant site certification for the construction and operation of a combined cycle power station known as the Hardee Power Station, including directly associated electrical transmission lines, a natural gas pipeline, and other directly associated facilities. The Co-Applicants are TECO Power Services Corporation, Tampa Electric Company, and Seminole Electric
Cooperative, Inc. (SECI). The Florida Electrical Power Plant Siting Act requires both a land use hearing and a certification hearing.
The land use hearing was held on March 6, 1990, in Wauchula, Florida, and on May 3, 1990, in Bartow, Florida. On June 6, 1990, the Hearing Officer entered a Recommended Order recommending that the Governor and Cabinet, sitting
as the Siting Board, enter a Final Order finding that the sites of the Hardee Power Station electric generating facilities and cooling reservoir, associated natural gas pipeline, and directly associated transmission lines, as proposed in the site certification application, are consistent and in compliance with existing land use plans and zoning ordinances. On August 14, 1990, the Siting Board adopted the Hearing Officer's Recommended Order in toto, and later amended its order on August 23, 1990 to provide notice of the availability of judicial review.
At the certification hearing, Co-Applicants called as witnesses Gregory M. Nelson, Consulting Engineer in the Environmental Planning Department at Tampa Electric Company, Michael Opalinski, Manager of Environmental Affairs at SECI, Charles R. Black, Director of Engineering and Construction for TECO Power Services Corporation, Charles J. Schutty, accepted as an expert in the field of power plant engineering, Thomas J. Leto, accepted as an expert in geotechnical investigation, Kenneth L. Bachor, Manager of Transmission and Substation Services at SECI who was accepted as an expert in the field of transmission line engineering, Frederick M. Dietrich, accepted as an expert in electrical engineering with expertise in electromagnetic field and corona effects of transmission lines, John K. Day, Jr., accepted as an expert in construction engineering, specifically relating to power plant site construction impacts, Lawrence J. Almaleh, accepted as an expert in geotechnical investigation, Raymond Williams, accepted as an expert in archeological and historical site analysis, Thomas F. Barnett, accepted as an expert in surface water management systems design, Frederick v. Ramsey, accepted as an expert in the field of civil engineering, surface water and ground water hydrology and water quality analysis, Robert C. McCann, Jr., accepted as an expert in air quality impact analysis, Kennard F. Kosky, accepted as an expert in the field of best available control technology analysis, Linda Conway Duever, accepted as an expert in ecology and wetland impacts, James R. Newman, accepted as an expert in the field of wildlife ecology and wildlife biology, Analee Moore, accepted as an expert in land use planning and socioeconomic impacts, John M. Bowers, accepted as an expert in landscape architecture and design, and Kenneth Milam, accepted as an expert in natural gas pipeline construction and operation. Co-Applicants offered on hundred thirty four (134) exhibits which were received into evidence.
The Central Florida Regional Planning Council called Brian Sodt, Director of Review Coordination for the Council. The Department of Environmental Regulation (DER) called Hamilton S. Oven, Jr., Administrator of DER's Office of Siting Coordination, accepted as an expert in environmental engineering. DER offered no exhibits.
The Florida Game and Fresh Water Fish Commission (FGFWFC) called Douglas B. Bailey, Assistant of Director of FGFWFC, Office of Environmental Services, accepted as an expert in wildlife biology with specific expertise in wildlife impact assessments, and Larry Campbell, a wildlife biologist with FGFWFC's Division of Wildlife, Bureau of Land Management, accepted as an expert in wildlife management in the Cecil M. Webb Wildlife Management Area (hereinafter Webb Area). FGFWFC introduced three (3) exhibits.
Intervenors James Slack and M. J. Katzen, Jr. called as witnesses Charles
L. Kocur, Jr., accepted as an expert in the field of biology with specialties in natural resource identification and evaluation, wetlands, assessment of wetlands impacts, identification of wildlife, and assessment of impacts on wildlife including endangered species, Vernon Peeples, Jr. and Andrew J. Dodd. Intervenors introduced eleven (11) exhibits.
The remaining parties in this proceeding did not offer evidence at the certification hearing.
The following members of the public testified at the public hearing held at 6:00 p.m. on August 14, 1990: Randy Dunn, Melvin Katzen, Anna Lou Carlton, Wilbur E. Dees, Tim Steorts, Thomas J. Crawford, Kenneth Crawford, Douglas Mercer, Spencer Zielstorff, and Parker Keen. Two public exhibits were received by the Hearing Officer as part of the record in the certification hearing.
The transcript of the final hearing was filed on September 12, 1990, and the parties were allowed to file proposed recommended orders by September 27, 1990. A ruling on each timely filed proposed finding of fact is included in Appendix B to this Recommended Order.
On September 19, 1990, Co-Applicants filed a Motion to Substitute Revisions to Hardee Power Station Composite Exhibit 3A, requesting a correction to Condition of Certification III.A.13 to include the parameter zinc in the surface water discharge mixing zone, and to correct an error in the placement of the decimal point for the limitation on discharges containing the parameter silver. The Motion was unopposed by any party, and after consideration, it is hereby granted. The Conditions of Certification contained in Appendix C reflect the corrections resulting from this Motion.
FINDINGS OF FACT
Procedural Matters
Alternate Corridors
On June 8, 1990, Intervenors James Slack and Melvin J. Katzen, property owners within and adjacent to the proposed Lee transmission line corridor in Charlotte County, filed a Notice of Proposed Alternate Corridor relating to the southern portion of one of the Co-Applicants' proposed directly associated transmission lines. The Co-Applicants and DER thereafter filed respective Motions to Strike Intervenors' Notice of Proposed Alternate Corridor on grounds that the procedure invoked by the Intervenors is not available under the Florida Electrical Power Plant Siting Act (PPSA). On June 27, 1990, the Hearing Officer granted the motions to strike on grounds that the statutory basis relied upon by Intervenors, Section 403.527(5)(a), Florida Statutes (the Transmission Line Siting Act), is not applicable to the current proceeding, which is governed by the PPSA, found at Sections 403.501 through 403.517, Florida Statutes. On July 10, 1990, the Hearing Officer denied Intervenors' motion for rehearing on this issue. At the certification hearing, after considering further oral argument on the admissibility of evidence relating to Intervenors' proposed alternate corridor, the Hearing Officer reiterated that the issue in the present case is certification of the site, including transmission line corridors, proposed by
Co-Applicants. Consequently, the Hearing Officer held that proposed evidence concerning the viability of a specific corridor that has not been proposed by the Co-Applicants is irrelevant. The Intervenors were permitted to proffer statements relating to a specific, alternative corridor at the conclusion of the certification hearing.
Stipulations
Co-Applicants entered into the following stipulations with state and local agencies as well as county and municipal governments, all of whom are parties to this proceeding, concerning the proposed project's compliance with
the respective regulations of these governmental entities. The stipulations speak for themselves, and have been filed in this matter. In summary,
Stipulations have been executed stating that the Hardee Power Station and associated facilities, subject to the proposed Conditions of Certification which are attached hereto as Appendix C, are consistent and in compliance with all applicable, nonprocedural standards of Hardee County, DeSoto County, Charlotte County, Lee County, and the City of Cape Coral. These stipulations resolve issues relating to local government transmission line crossing and access road approvals.
A stipulation was entered into between SECI, Agrico Chemical Company and the Florida Department of Natural Resources (DNR) in which DNR concluded that the Co-Applicants' proposal to construct a cooling reservoir on land subject to DNR's phosphate mining reclamation programs (and currently owned by Agrico), will comply with applicable DNR rules contained in Chapter 16C-16, F.A.C., provided that certain conditions are met including construction standards and creation of wetland and upland habitats.
Three agreements have also been entered into between the Co- Applicants and FGFWFC, resolving issues relating to threatened and endangered species, the location of the transmission line corridors as it borders the Webb Area, and the location of the transmission line as it crosses the Peace River in DeSoto County.
A stipulation has been entered into with the Board of Trustees of the Internal Improvement Trust Fund resolving issues relating to the crossing of sovereignty submerged lands. This stipulation recommends issuance of an easement for the proposed transmission line crossing of the Peace River, provided that no transmission line structures are located on state lands in that area.
The South Florida and the Southwest Florida Water Management Districts entered into stipulations with the Co-Applicants concluding that construction, operation, and maintenance of the Hardee Power Station project, subject to the proposed Conditions of Certification, will comply with all applicable nonprocedural standards of the water management districts.
Although DER did not enter into a formal stipulation, it did, at the certification hearing, endorse the proposed Conditions of Certification and confirm that the Co-Applicants have provided reasonable assurances of compliance with DER rules.
Co-Applicants will comply with all stipulated conditions relating to the location, construction, operation and maintenance of the facility, should it be certified.
Notices
DER published sufficient notices of the August 13 through 15, 1990 certification hearing in the Florida Administrative Weekly and newspapers of general circulation within the counties where the proposed power plant site, including the proposed electric transmission line corridors and natural gas pipeline corridor, is proposed to be located. Prior to this published notice, the Co-Applicants in 1988 and 1989 published notices in newspapers within the affected areas of public meetings to obtain input on possible transmission line corridors, PSC need determination hearings, and REA scoping meetings.
PSC Need Determination
The determination of need for the Hardee Power Station project was made by the Florida Public Service Commission (PSC) in Order No. 22335 issued on December 22, 1989. This order establishes the need for 295 megawatts of capacity in 1993 which is to be satisfied by the construction by TECO Power Services of one 220 megawatt combined cycle unit and one 75 megawatt combustion turbine unit. The PSC further found that the need for an additional 145 megawatts of capacity in 2003 would be satisfied by the construction by TECO Power Services of one 75 megawatt heat recovery unit and one 75 megawatt combustion turbine unit, all at the Hardee Power Station site. The PSC also addressed the three transmission lines and the natural gas pipeline associated with the Hardee Power Station site.
In its Order, the PSC found that this proposal, which is the subject of the site certification application at issue in this case, meets the stated need within the time frame required in the most cost effective manner, and provides adequate electricity at a reasonable cost. The PSC determination of need has been filed in this matter.
Project Description
Co-Applicants propose to construct and operate a combined cycle power plant, and associated electrical transmission lines and natural gas pipeline facilities, known as the Hardee Power Station. The site for the proposed Hardee Power Station electrical generating plant is a 1300-acre site located at the Polk County and Hardee County lines, between Payne Creek and County Road 663. The electrical generating plant will include a 570-acre cooling reservoir to cool the steam from the heat recovery steam generator system so that the water can be reused in the system. The plant site will also have associated fuel oil storage and handling facilities, water treatment facilities, control building, warehouse, and administrative building.
Power generated from the Hardee Power Station will be distributed to the Pebbledale, Vandolah, and Lee County substations via three directly associated 230 kV transmission lines. The Hardee Power Station to Pebbledale substation transmission line (Pebbledale transmission line) heads north from the plant site and extends approximately 16 miles to the substation. The other two transmission lines proceed south from the Hardee Power Station: the Vandolah transmission line terminates eight miles south at the Vandolah substation in Hardee County, and the Lee transmission line terminates farther south at the Lee County substation in Lee County. An 18-inch underground natural gas pipeline, connected to Florida Gas Transmission's system near Polk City, will supply the primary fuel to the Hardee Power Station.
The Hardee Power Station project will consist of combined cycle generating facilities with an ultimate nominal capacity of 660 megawatts to be constructed in two phases. In Phase I-A of the project, one nominal 220 megawatt combined cycle unit will be built along with one nominal 75 megawatt combustion turbine, resulting in a total of nominal 295 megawatts, to begin commercial operation in January of 1993. In Phase 1-B of the project, an additional nominal 75 megawatt combustion turbine and a nominal 70 megawatt heat recovery steam generator system will be added to the existing nominal 75 megawatt combustion turbine to complete the second nominal 220 megawatt combined cycle unit, the capacity of which is scheduled to be on line in January of 2003. Phase 2 of the project consists of the addition of a third nominal 220 megawatt combined cycle unit at an unspecified future date.
The primary components of the 220 megawatt combined cycle facilities consist of combustion turbine units that exhaust hot gasses to heat recovery steam generators (HRSGs). The HRSGs are boilers that produce high temperature and pressure steam, which is directed to the steam turbine, which in turn uses the steam to turn a generator to produce power. The hot exhaust gasses exit the combustion turbine through either a 75-foot combustion turbine stack or through the 90-foot HRSG exhaust stack, and are dispersed into the atmosphere. The steam, after it is expanded through the steam turbine, is condensed through the use of circulating water in the condenser and pumped back to the HRSG. The circulating water is generated from, and returns to the cooling water reservoir. The sources of water to the reservoir include rainfall, runoff into the reservoir, treated y wastewater discharge, and groundwater pumped from the lower Floridan Aquifer. Combined cycle plants are considerably more efficient in water use that alternatives such as coal-fired power plants.
The proposed location for the Hardee Power Station plant site is in a remote area where most of the land currently is being mined or has been mined for phosphate. The western boundary of the site coincides with the Payne Creek flood plain. The cooling reservoir will be located at the northwest portion of the site, in an area that is currently being mined. The site is located adjacent to an existing rail line and existing highway system installed to support the phosphate industry. The proposed location contains an abundant supply of groundwater necessary for the operation of the cooling reservoir associated with the plant.
Black and Veatch will perform the engineering function at the facility and Metric Constructors will be responsible for construction of the plant. Co- Applicant TECO Power Services will be responsible for project management at the Hardee Power Station, and plans to incorporate security measures at the site including staffing the facility on a seven-day week, 24-hour-a-day basis, and providing security personnel at the site. Co-Applicants expect the full-time staff for plant operations to consist of between 27 and 35 employees, most of whom will be drawn from surrounding counties. The employees will undergo an in- depth power plant training program sponsored in conjunction with General Electric Corporation, the turnkey supplier of the Hardee Power Station plant facility.
Description of Electrical Transmission Lines and Natural Gas Pipeline Corridors
Transmission Line Corridors
The 16-mile Hardee Power Station to Pebbledale substation transmission line corridor exits the Hardee Power Station in a northerly direction parallel to Ft. Green Road and the CSX railroad. The corridor continues to follow Ft. Green Road (which turns into Old Highway 37), and approaches the community of Bradley Junction, where it turns east and then back to the north, and begins to parallel Agricola Mine Road. The corridor continues north and makes the connection to the Pebbledale substation. The Hardee Power Station to Vandolah and Lee substations corridor (77 miles in length) exits the Hardee Power Station site in a southerly direction paralleling Ft. Green Road (also known as Ft. Green-Ona Road) and the CSX Railroad until it meets the Vandolah substation, where the Hardee Power Station to Vandolah substation transmission line corridor terminates. The Hardee Power Station to Lee substation corridor continues southward from the Vandolah substation parallel to the CSX Railroad and Ft. Green-Ona Road until it reaches the community of Limestone, where County Road
661 commences. The corridor continues southeast following the south side of State Road 70, then crosses the Peace River and turns south following an alignment between the Peace River and the City of Arcadia. The corridor then turns southeast following an alignment between the City of Arcadia and the Community of Nocatee, avoiding the development in both of these communities, and thereafter turns due south crossing the DeSoto-Charlotte County Line. The corridor continues south through Charlotte County, then turns west at the Prairie Creek Park development and proceeds south, crossing Shell Creek, until it reaches County Road 74, where it turns to the west again. The corridor proceeds west along County Road 74 across the northern boundary of the Webb Area. The corridor then proceeds south along the western boundary of the Webb Area, and crosses 1-75 and U.S. 41. Along the boundary of the Webb Area, the proposed corridor encounters existing disturbed areas such as roads, transmission lines, a sewage treatment plant and spray field, a large borrow pit, berms, a sparsely developed residential area, and firebreaks. The corridor continues south into Lee County, where it makes a short jog eastward, and then south into the Cape Coral city limits. The corridor then proceeds east near the northern boundary of Cape Coral, and then south, terminating at the Lee substation.
Natural Gas Pipeline Corridor
The natural gas pipeline corridor leaves the Hardee Power Station site heading north parallel to Fort Green Road and then after a short westward route along county Road 630, heads north parallel to an existing natural gas pipeline located along the east side of the State Road 37 right-of-way. The corridor continues north along Bonnie Mine Road, and at the City of Bartow meets and follows State Road 60 parallel to another existing natural gas pipeline. The pipeline continues north through the far western edge of the City of Auburndale, then turns to the northwest and continues along an existing CSX railroad right- of- way, continuing north to the City of Polk City where it connects with the St. Petersburg lateral pipeline.
Proposed Design, Construction and Maintenance of the Hardee Power Station Site
Plant Site
Several geotechnical investigations have been performed at the Hardee Power Station site consisting of soil borings and installation of groundwater monitoring wells, as well as a power block and sink hole investigation. The bearing support layer under the site is primarily 80 feet of marine deposits overlying the Hawthorne Formation and varies from sands to clays, generally increasing in density or strength with depth. Expert testimony adduced at the final hearing demonstrated that the Hardee Power Station site is a suitable location from a geological standpoint.
There will be five basic stages of construction of the Hardee Power Station site: site preparation, construction of underground utilities, foundation construction, erection of mechanical equipment and systems, and construction of the various buildings. Work is scheduled to begin on Phase 1-A of the project at the beginning of 1991, and end in 1992. A site drainage and erosion control plan has been developed which will implement control measures during construction for erosion and sediment transport, including the use of silt fences or straw bales around the perimeter of the site. During the construction period, the detention pond will be modified to act as a retention structure, and all water during the construction phase will be filtered prior to
discharge. Expert testimony offered at the hearing demonstrated that the surface water management plan employed during construction at the facility will comply with applicable requirements of the Southwest Florida Water Management District and DER.
Standards pertaining to safety of employees or other workers will be followed during construction of the Hardee Power Station, including applicable regulations of the Occupational Safety and Health Administration and statutory requirements of the Florida Workers' Compensation Act. As a result, a safe working environment will be present.
After construction, general wastes associated with the Hardee Power Station will include such things as construction debris, general trash, sanitary sludge and demineralizer waste. Hazardous waste may be generated as a product of the cleaning or operation processes. All wastes will be ultimately disposed of off-site in accordance with all applicable state, local, and federal regulations. Wastewater associated with the demineralizer system for the Hardee Power Station will be treated at a neutralization basin. Wastewater discharges from the plant and equipment drains will be routed to an oil/water separator for treatment, and wastewater from the facility will be run to the waste treatment system for treatment. All treated waste effluents will be routed to the cooling reservoir.
Cooling Water Reservoir
The cooling water reservoir has been designed to provide adequate cooling for the Hardee Power Station as it increases to its ultimate site capacity of 660 megawatts. The cooling reservoir will be built in-ground with outer slopes no steeper than 20 to 1, horizontal to vertical, and with interior slopes of no greater than 4 to 1, horizontal to vertical. The reservoir will include a divider dike which ensures the proper cooling of the reservoir waters. The cooling water will be returned to the reservoir through inlet/outlet structures. The reservoir will include a discharge structure for storm events in excess of the 10-year, 24-hour storm event allowing overflow into Payne Creek as permitted by the National Pollutant Discharge Elimination System permit program, and applicable state agency programs.
An earthen berm will be constructed around the perimeter of the cooling reservoir. Specifications for construction of the earthen berm have been prepared for the various phases of construction including base preparation, dewatering, materials selection, and compaction requirements. Furthermore, methods of control will be identified for the handling of equipment traffic and soil testing to ensure that the specifications are met. A soil testing laboratory representative will be present to aid in selection of soils and ensure that proper soils and compaction methods are used. The Co-Applicants have developed an inspector's handbook that details the types of problems that could potentially occur with respect to the earthen berm, and identifies recommended corrective procedures as well as routine maintenance activities. Expert testimony offered at the hearing demonstrated that the earthen berm will comply with good engineering practices.
Impacts of the Hardee Power Station Site Upon the Public and Environment
Existing Land Uses
The Hardee Power Station site is an appropriate location in terms of land use. Construction of the cooling reservoir will entail the reclamation of mined phosphate land resulting in a beneficial land use change. The power plant site will be located in a generally unpopulated area surrounded with compatible phosphate and agricultural land uses. The plant is close enough to major metropolitan areas to provide an ample supply of skilled labor for construction and operation of the plant. The increase in employment and tax base revenues would benefit the area without burdening local governments with additional infrastructure services. The site also contains adequate highway and rail access. The construction traffic at the site will be temporary in nature and replace traffic that is presently associated with mining activity in the area. After construction, the traffic associated with the 27 to 35 permanent employees will not have a significant impact on the roads in the area.
Air Quality
During construction, fugitive emissions such as dust will be controlled through water application, installation of interim road bases as early as possible, and sealing of road bases.
During operation, the principal air emissions from the Hardee Power Station will consist of sulfur dioxides, nitrogen oxides, volatile organic compounds, carbon monoxide and particulate matter. Emissions will be reduced by the use of clean fuels, such as natural gas and number two fuel oil, and proper operation and maintenance of the equipment. Co-Applicants will also install duct modules into the heat recovery steam generator system so that future pollution control devices can be added, if subsequently required.
Best Available Control Technology (BACT) is an emission-limiting standard that represents the maximum degree of emissions reduction achievable, taking into account energy, environmental and economic impacts, as well as other costs for the project. More specifically, BACT is defined at Rule 17-2.100(28), F.A.C., as follows:
"Best Available Control Technology" or "BACT", - An emission limitation, including a visible emissions standard, based on the maximum degree of reduction of each pollutant emitted which the Department, 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.
An analysis was performed to determine BACT for the Hardee Power Station. After the BACT review was performed, it was determined that three types of techniques will be used to control air emissions. The control techniques evaluated in the BACT analysis were then translated into a pound-per- hour limitation for certain contaminants.
For nitrogen oxides, BACT control technology will be the injection of water to reduce the temperature when oxygen and nitrogen combine within the combustion zone. The pounds per hour emission limitation for nitrogen oxide is
215.9 pounds per hour when the plant uses natural gas as a fuel, and 383.8 pounds per hour when the plant is fired using distillate oil.
The BACT for particulate matter is combustion control and translates into an emission limit set at five pounds per hour when natural gas is used as fuel, and 10 pounds per hour if oil is used. Since particulate matter is related to visible emissions, DER verifies compliance with the particulate matter limitations using opacity limits of 10 percent for natural gas fuel and
20 percent for oil fuel.
The BACT for sulfur dioxide is based on a limitation of the sulfur in oil, which would be a maximum of .5 percent and a facility annual average of .3 percent. This translates to an emissions limitation for sulfur dioxide of 35.8 pounds per hour if the plant is fired with natural gas fuel and 734.4 pounds per hour for oil fuel.
Emissions of carbon monoxide and volatile organic compounds (VOCs) are controlled by regulating combustion. The emissions limitations, which represent BACT for control of emissions, are as follows: for carbon monoxide, 31.3 pounds per hour if natural gas is used as fuel, and 93.4 pounds an hour if oil is used; for VOCs, 3.6 pounds per hour using natural gas and 10.3 pounds per hour using oil.
The proposed facility can also be expected to emit small amounts of non-regulated, non-criteria pollutants. The estimated emissions for sulfuric acid mist is 1.6 pounds per hour if natural gas is used and 33.7 pounds per hour if oil is used; .0333 pounds per hour for beryllium with oil used as fuel; .0144 pounds per hour for mercury using natural gas and .0039 pounds per hour using oil; and for fluorides, .0427 pounds per hour for oil firing.
An EPA and DER approved air dispersion model analysis was performed to determine what ambient air quality impacts can be expected in connection with the Hardee Power Station's emissions of sulfur dioxide, particulate matter, and nitrogen dioxide. This modeling exercise was conservative in nature, using the plant's maximum capacity of 660 megawatts for every hour in a 5-year data base obtained from the National Weather Service station in Tampa. Modeling was performed over 300 separate locations around the facility to a distance of six kilometers to determine the facility's maximum impact.
The results of the air quality modeling demonstrate that the maximum impacts, based on the facility's maximum capacity of 660 megawatts from sulfur dioxide, nitrogen dioxide, and particulate matter emissions, will not cause exceedances of applicable air quality standards.
The prevention of significant deterioration (PSD) increments limit the impacts from new emissions of sulfur dioxide, particulate matter, and nitrogen dioxide in the particular area where air quality standards have been attained. The proposed facility will not cause exceedances of the PSD increments.
In connection with the PSD requirements, an analysis was performed on the impacts of air emissions on soils, vegetation, visibility, and growth- related air quality impacts. The results of this analysis indicate no significant adverse effects on soil, vegetation, visibility, or growth.
The stack for both the bypass and HRSG units will comply with the good engineering practice stack height requirement as required by DER Rule 17-2.270,
F.A.C. The proposed stack heights of 75 and 90 feet at the Hardee Power Station comply with good engineering practices.
Surface Water Quality and Quantity
A surface water management system has been designed for the Hardee Power Station site in accordance with DER and Southwest Florida Management District (SWFWMD) surface water requirements, for the purpose of conveying storm water runoff, controlling discharge water quality, and controlling runoff quantity at discharge points. The stormwater management plan is divided into three areas: a) the entrance road from County Road 663 to the general plant site; b) the main plant area, and; c) the access road to the cooling reservoir. Drainage from the entrance road will slope to ditches and swales where the water will percolate into the ground or be conveyed through the ditches to an enlarged swale area where the water will percolate or sheet-flow into Payne Creek. Drainage from the main plant area will sheet-flow away from the main foundation to ditch systems adjacent to perimeter roads. The ditch systems will convey the water through culverts and additional ditches to a detention pond which will treat the first inch of runoff water from the site. Additional runoff water from the 25-year, 24-hour rainfall event will discharge at a spillway. With respect to the cooling reservoir access road, a concrete box culvert has been designed to convey runoff from an off-site drainage ditch area. The culvert will be sized for the peak 100-year storm event. Expert testimony presented at the hearing demonstrated that the surface water management plan for the operation of the proposed facility will comply with applicable requirements of SWFWMD and DER for controlling surface water discharges.
There are two surface water discharges planned for the Hardee Power Station site. The first will be from the cooling reservoir to Payne Creek identified as NPDES Outfall No. 001. A second discharge from the stormwater management facility to Payne Creek is identified as NPDES Outfall No. 002. Studies were conducted by Co-Applicants assessing the surface water impacts from the Hardee Power Station including a water budget, evaluation of long-term water quality of the reservoir, potential runoff and dispersion modeling for reservoir discharges, and runoff modeling for the stormwater system. Expert testimony adduced at the hearing demonstrated that all surface water discharges from the proposed Hardee Power Station site will comply with applicable water quality criteria. Because of the reservoir's water management functions, discharges from the reservoir will only occur due to extreme-event rainfalls which will exceed the 10-year, 24-hour rainfall event. Groundwater Quality and Quantity
There will be no direct discharges to groundwater from the Hardee Power Station site. Indirect discharges may occur from the cooling reservoir and from the stormwater treatment pond. Studies were undertaken concerning these indirect discharges, including the collection of baseline data to characterize the aquifer in the area, seepage analyses to evaluate water losses from the cooling reservoir, and construction of dispersion models to evaluate transport from the reservoir to the surrounding water bodies. Based on these studies, expert opinion was adduced that the indirect groundwater discharges will meet applicable groundwater discharge criteria both at the point of discharge or in the zone of discharge authorized by DER.
The sources of water for the cooling reservoir include rainfall, runoff into the reservoir, treated wastewater discharge, and water pumped from wells connected to the lower Floridan Aquifer. Three wells will be constructed to supply water to the cooling reservoir and will be located northwest of the plant site, between the plant site and the cooling reservoir. Evaluations were
undertaken in connection with the use of groundwater for the Hardee Power Station including baseline groundwater quantity and quality characterizations and consumptive use groundwater modeling to simulate groundwater drawdown as a result of well pumping for the cooling reservoir makeup supply. Expert opinion adduced at the hearing, based on the groundwater studies undertaken at the site, indicated that the consumptive use proposed for the Hardee Power Station will comply with applicable SWFWMD rules regarding consumptive use of water and will not have an adverse impact on the groundwater resources of adjacent properties.
Site Biology and Wildlife
The construction and operation of the Hardee Power Station site will have minimal impacts on wildlife. Information from FGFWFC was obtained, seasonal wildlife surveys undertaken, and the habitat in the site area characterized. Most of the plant site is mined, or being mined, and consequently offers very poor wildlife habitat and the probability of the occurrence of endangered, threatened, or species of special concern on the plant site is very low. Although it is possible for endangered or threatened species to potentially reside within the site, only one listed species was observed -- an indigo snake. Since the construction and operation of the Hardee Power Station will not impact off-site habitat, species residing in this area will not be affected by the proposed facility. The cooling reservoir will act as an additional habitat for birds, fish, and other species of animals.
Archaeological and Historical Resources
Co-Applicants' archaeological/historical consultant conferred with archaeologists on staff at the Florida Department of State, Division of Historical Resources, for the purpose of reviewing any known archaeological sites in the project area. The proposed plant site, which has been surveyed previously as part of another project, was not found to be significant in terms of potential archaeological sites by the Division of Historical Resources. The Conditions of Certification proposed for the Hardee Power Station require that should any archaeological site be found during construction, a certified archaeologist will evaluate the site, and in consultation with the Division of Historical Resources, determine the significance of the find, and whether measures need be undertaken to preserve or mitigate the impact of the site.
Noise
During construction of the Hardee Power Station plant, measures will be undertaken to minimize noise, including ensuring that all equipment is in proper operating condition with properly installed mufflers. Residents will be notified prior to commencing the process of line blows associated with clearing steam lines during start-up. With respect to the operation of the Hardee Power Station plant, a noise impact analysis was performed which indicates that the predicted noise impacts of the facility will not be measurable beyond the plant boundaries. As a result, noise levels will comply with EPA recommendations in terms of impacts to both residential, commercial and outdoor activities, as well as with the noise standards contained in the land use code for Hardee County.
Landscape Architecture and Visual Impacts
The Hardee Power Station plant site is an appropriate location for this facility in terms of landscape architecture. The plant site is in an area where there are existing phosphate plants, and the characterization of those plants in terms of height, bulk, and mining activities, would be consistent with
the visual impact of the power plant site. The site is in a remote area with fewer opportunities for viewing, with a visual buffer of vegetation to the west of the site near Payne Creek.
Socioeconomic
The Hardee Power Station will result in a beneficial economic impact to the affected counties due to increased employment, as well as tax benefits. The construction work force during peak construction of the Hardee Power Station will be approximately 350 persons, and over the two year construction period, the average construction work force will number approximately 200 persons.
There will be 27 to 35 permanent employees associated with the facility. The Hardee Power Station will have a substantial impact on the Hardee County tax base by increasing the total tax base by approximately 30 to 35 percent, thereby increasing tax revenues for Hardee County. Estimated taxes that will accrue to Hardee County due to the plant over its 30-year life will be approximately $51.5 million. The tax benefits will not be offset by local spending on infrastructure and services due to the fact that the facility will have its own water treatment and wastewater treatment plants.
Proposed Design, Construction and Maintenance of the Proposed Electrical Transmission Lines and Natural Gas Pipeline
Transmission Lines
The proposed corridors for the Hardee Power Station associated transmission lines vary in width, but in general are approximately one-half mile wide.
The actual rights-of-way ultimately required for construction and operation of the transmission lines are expected to vary in width from approximately 100 to 150 feet. The minimum right-of-way width will be 100 feet for H-frame structures, and 60 feet for single-pole structures. The height of transmission line structures will vary from 65 feet to 125 feet.
Transmission lines convey bulk power between substations or from a power plant to a substation. While the final engineering design of the transmission lines is not complete, the primary components of the proposed 230 kV transmission lines will include conductors, support structures, insulators, and overhead shield wires.
The conductors, which convey electrical current, will have a nominal voltage of 230 kV and a maximum current rating of 1657 amperes. The size will range from single 1590 aluminum conductive steel reinforced (ACSR) to a bundle of two 2156 (ACSR) conductors, and the maximum operating temperature will be 140 degrees C.
The support structures hold the conductors. The Co-applicants expect to utilize H-frame support structures, constructed of wood, steel, or concrete, in most areas. Wooden H-frame structures will be used in the Webb Area. Single-pole support structures, composed of concrete or steel, will be utilized in more limited circumstances. Where H-frame structures are utilized, and the line turns at a sharp angle, three pole structures with guys and anchors may be utilized. Span lengths between transmission line structures will vary depending upon structure type, rights-of-way widths, and other factors. Spans
between transmission line structures may range from 600 to 1300 feet, with the typical span being 600 to 700 feet.
The insulators consist of non-conducting media that prevent the electrical current from transmitting from the conductors to the structures.
The overhead shield wires protect the transmission lines from lightening strikes.
Transmission line access roads, having a maximum width of 20 feet, will be required for transmission line construction and maintenance.
Access roads will be constructed only in areas where soil conditions will not support the type of equipment needed for construction and maintenance of the transmission line, or where elevation needs to be raised above the normal water line.
Access road locations and cross-sections will be specified and submitted for agency review prior to construction.
There are three potential types of access roads associated with the Hardee Power Station associated transmission lines: the first type entails clearing vegetation without altering elevation; the second type involves cutting swales and utilizing the swale materials to raise access road elevation approximately six inches above natural grade; the third type involves hauling in fill material to construct elevated road area.
Construction of raised elevation access roads will be accompanied by the design and emplacement of appropriate culverts to minimize potential disruption of surface water flow.
Construction of all three associated transmission lines is estimated to require a maximum of 18 months. The accumulated construction period for any one mile of transmission line is estimated to be one month.
Transmission line construction impacts on nearby residents will be
minimal.
Transmission line structure pads will be required for erection of the support structures in areas characterized by soft soil conditions and in low or wet areas where it is necessary to raise the elevation above the water table. In general, structure pads will be located adjacent to access roads and will be characterized by a maximum width of from 50 feet to 80 feet.
The transmission lines will be constructed in several phases.
First, center lines will be selected within the approved corridors, and the boundaries of the rights-of-way will be surveyed and specified.
After rights-of-way easements are acquired, the boundaries of the rights-of-way will be surveyed and identified with stakes, and a clearing crew will trim the trees and shrubs that are required to construct, operate, and maintain the transmission line.
A survey crew will then delineate all structure, access road and structure pad locations, and a contractor will construct the required access roads and structure pads.
The Co-Applicants then will haul in the materials required to construct the transmission lines, and erect the various components.
Emplacement of the structures entails augering holes, placing the poles in the holes and backfilling with natural soil, crushed rock, or concrete. The structures will be embedded between ten and twenty feet into the ground.
The next step involves hanging the insulators and overhead shield wire on the structures.
The final phase of the construction process involves clean up of the right-of-way.
The Co-Applicants will construct and operate the proposed transmission lines with applicable design requirements of the National Electric Safety Code and appropriate ANSI, AST, or ACI standards, as required. The Co-Applicants also will comply with applicable provisions of the DOT utility accommodation guide and local utility crossing rules and connection regulations. Moreover, the transmission lines are designed to accommodate the highest winds anticipated for their location and to withstand flooding.
With respect to maintenance of the associated transmission lines, the Co-Applicants will utilize light vehicles for periodic inspection. Bucket trucks or line trucks will be utilized where repair to the transmission lines is required. Tractors will be utilized for mowing in the rights-of-way. Any road washout problems will be corrected by hauling in fill and then spreading and compacting it.
Natural Gas Pipeline
Natural gas pipelines such as those to be utilized at the proposed Hardee Power Station are designed, constructed and operated according to United States and Florida Department of Transportation (DOT) guidelines. In constructing the pipeline, a right-of-way crew clears and levels the right-of- way for the stringing of the pipeline along the corridor. The pipeline is then welded to form a continuous line along the pipeline route. X-ray crews examine each weld for defects. A coating is then applied to protect the pipe from corrosion. The pipeline is then lowered into the ditch allowing for 36 inches of cover over the pipeline. After the ditch is backfilled and the area cleared, the pipeline undergoes a hydrostatic test to detect leakage. The pipeline is then dewatered, purged with natural gas, and placed in active service. Special procedures are undertaken where the pipeline crosses water bodies, including measures to prevent erosion. At major road crossings, the pipeline is run through a steel pipe casing, insulated and sealed. When crossing minor streets, state DOT procedures will be followed. The pipeline construction should take approximately three months and involve approximately 200 persons. Several maintenance programs will be performed to meet federal and state DOT regulations, including density surveys and placement of pipeline markings. Leak surveys are performed in heavily populated areas two to four times a year with gas leak detection instruments. Aerial patrols are also performed to detect any possible leakage.
Impacts of the Electrical Transmission Lines and Natural Gas Pipeline Upon the Public
and the Environment
Existing Land Uses
The Pebbledale, Vandolah and Lee transmission line corridors are appropriate locations from a land use standpoint. The corridors follow existing linear facilities, such as other existing transmission lines, roads, and railroads. Where there are no existing linear facilities to follow, the corridors follow section lines or property lines. The transmission line corridors generally avoid populated areas, thus reducing potential visual impacts. A Final Order issued by the Siting Board has confirmed that these transmission line corridors are consistent, and in compliance with local government land use plans and zoning ordinances.
The natural gas pipeline corridor also conforms to existing land use patterns. For its entire 49-mile length, the corridor follows existing linear facilities, primarily the old CSX rail line, and then south of there, the existing natural gas pipeline, and beyond that, roads and the CSX rail line leading to the plant site. Because the corridor follows existing linear facilities, there are opportunities for right-of-way sharing with those facilities, and as a result, from a land use standpoint, the pipeline corridor conforms to development patterns and thereby minimizes the potential for disruption of land uses in the future. Total land requirements for the pipeline are minimized. Since the pipeline will be buried pursuant to applicable safety standards, it will be appropriate to the population densities in the areas through which the pipeline passes.
Landscape Architecture and Visual Impacts
The locations of the transmission line corridors are appropriate from a landscape architecture perspective. The transmission line corridors generally follow existing linear facilities such as roadways, railroads, and other transmission facilities, and in other circumstances, follow section lines or edges of developments. These circumstances present the opportunity to construct the transmission lines in a manner that mitigates potential visual impacts.
Surface Water Quantity and Quality
The surface water resources within the proposed transmission line corridors were identified in detail in the site certification application and at the certification hearing. The Pebbledale transmission line corridor crosses a number of drainage ways and/or existing water bodies related to phosphate mining activities or road drainage, a river prong, and also the tributary to a creek. The transmission line corridor from the Hardee Power Station plant to the Vandolah substation crosses a variety of unnamed drainage ways relating to agricultural or mining development, a number of isolated wetlands, Payne Creek and Shirttail Branch. The Lee transmission line corridor crosses a river tributary, a variety of creek tributaries, several creeks, the Peace River, a variety of man-made unnamed drainage ways, an unnamed waterway, and the Gator Slough Canal.
The construction of the transmission lines within the three corridors will not have an adverse impact on flood heights or flood levels. Although any corridor sited in this area would cross some water bodies, the proposed corridors have been located to avoid major water bodies to the maximum extent
possible. Furthermore, culverts will be used in access road construction to maintain the natural drainage flow that currently exists. Actual selection of the number and size of the culverts will be an ongoing process which continues beyond construction in order for the culverts to be reviewed and replaced as required. Detailed construction specifications must also be submitted to DER and the water management districts prior to culvert construction. Through the use of culverts and minimization of fill for road construction, little topographic change will result from the corridor construction.
The associated transmission lines will not have adverse impacts on historical surface water flows within the proposed corridors. This conclusion is based upon avoidance of major water bodies, the fact that access roads will be constructed of dirt instead of impervious surface materials, and the maintenance of vegetative cover along the transmission lines.
With respect to water quality, the construction and operation of the transmission lines within the corridors will not cause adverse impacts. There will be a lack of pollutant sources associated with the runoff generated within the corridor. During the construction process, commonly utilized erosion control techniques will be used to minimize and preclude generation of runoff in the area. During the operation of the corridor, the roadway will receive very little traffic.
The natural gas pipeline corridor crosses various unnamed drainage features associated with residential, mining and agricultural development, a variety of small unnamed wetlands, three creeks, and a river prong.
The natural gas pipeline will not adversely impact flood heights or flood levels since there are no above ground structures to interfere with the flow of water. Since the pipeline will be constructed primarily along existing rights-of- way, land cover disturbances will be minimized, thereby minimizing changes in flow patterns. For these same reasons, the pipeline will also have no significant impact on water quality or runoff. With respect to water quality, the pipeline is not expected to have an adverse impact due to the lack of above ground structures associated with the pipeline, and the fact that there will be no sources of pollutants from the pipeline itself. y Furthermore, during the construction process, erosion control techniques will be used to control upland erosion, sedimentation and turbidity for the water crossings. After construction has been completed, the area will be subjected to little road activity, thereby limiting erosion or pollution.
Sinkholes
With respect to sinkholes, the pipeline corridor was reviewed and information of sinkhole occurrences researched to determine the potential for sinkhole sites along the corridor. The historical data indicates that the corridor area has a very low number of sinkhole occurrences, with the exception of one area. Expert testimony adduced at the final hearing demonstrated that there is a very low probability of sinkhole occurrence in the pipeline corridor.
Vegetation and Wetlands
The vegetative communities within the proposed transmission line corridors were specified in detail in the site certification application, and at the certification hearing. The Pebbledale transmission line corridor crosses primarily uplands disturbed by phosphate mining with occasional patches of flatwoods and disturbed wetlands. The majority of the undisturbed land in the
Vandolah and Lee transmission line corridors consists of uplands such as pine flatwoods and prairies with interspersed areas of wetlands and scattered live oak trees. The northern portion of the Vandolah transmission line corridor is disturbed by mining activities; proceeding south, there is increasing conversion of natural areas to citrus groves. In the Webb Area, the vegetative habitat consists of pine flatwoods, and pasture and palmetto areas, interspersed with wet prairies or herbaceous wetland habitats. Melaleuca and Brazilian pepper invasion begins to dominate at the southern end of the corridor beginning at the western edge of the Webb Area. As the Lee transmission line corridor crosses into Lee County, patches of cypress domes and wet prairie appear amid flatwoods, with a heavy invasion of melaleuca.
Impacts to the vegetation along the corridor will be minimal because the corridor does not cross particularly sensitive habitats. Moreover, the wetlands that the corridor crosses are generally small, and proposed construction techniques will prevent severe impacts. Furthermore, a number of conditions have been worked out and agreed to by various agencies with regulatory jurisdiction to reduce impacts to wetland areas.
Although efforts will be undertaken to minimize activities in wetlands, installation of the transmission lines will require some dredging and filling in wetland areas.
Techniques that the Co-Applicants will utilize to minimize potential adverse impacts to wetland areas include compacting fill material to reduce erosion, seeding side slopes of fill material, and minimizing interruption of surface water flow through the design and installation of culverts.
The Co-Applicants, in conjunction with DER, SWFWMD, FGFWFC, Charlotte County, and Lee County, have agreed to proposed Conditions of Certification that will minimize transmission line impacts to wetlands. The Co- Applicants have stated their intention to comply with these stipulated Conditions of Certification.
The proposed Conditions of Certification, conscientiously implemented by the Co-Applicants, will minimize the proposed transmission lines' potential adverse impacts to wetlands and wildlife.
In order to obviate the possibility that construction and operation of the transmission lines could exacerbate the invasion of exotic plant species, the Co-Applicants have agreed to Conditions of Certification requiring appropriate pre-construction and post-construction control techniques.
The majority of lands crossed by the pipeline corridor consist of upland habitat such as pine flatwoods and pasture areas with several small isolated wetlands. As the corridor approaches the plant site, much of the land is disturbed by phosphate mining. The pipeline corridor will have a minimal impact on vegetation and wetland communities since much of the land it crosses has already been disturbed by agricultural or mining activities.
Wildlife
The Pebbledale transmission line and natural gas pipeline corridors cross primarily upland habitat, including a large amount of land disturbed by phosphate mining activities and residential areas. The Vandolah and Lee transmission line corridors also cross predominately upland habitats,
interspersed with wetland habitats, either forested or herbaceous. As the corridor proceeds south, out of the Webb Area, herbaceous and forested wetlands occur with more frequency, but the presence of exotic species such as melaleuca lowers the quality of the habitat. There is one significant wildlife habitat along the corridor, located near the Lee substation, which is a scrub habitat for the Florida Scrub Jay. This Scrub Jay habitat is the subject of a specific condition of certification that the Co- Applicants agreed to in a stipulation with Lee County, and that is contained in the proposed Conditions of Certification.
A total of 22 threatened and endangered species and other species of regional and state concern were researched for potential occurrence with five miles of the transmission line and pipeline corridors. All these animals are wide-ranging with the exception of the red-cockaded woodpecker and Florida Scrub Jay, which are habitat specific. The proposed pipeline and transmission lines will not adversely impact any of these wildlife species. Due to the poor quality of the habitat and developed nature of the corridors, the corridors do not contain habitat that is essential to the survival of any of these 22 species. There will be sufficient space within the transmission line and gas pipeline corridors to site the right-of-way such that minimum impact will result to wildlife. Furthermore, where impacts do occur, there will be appropriate mitigation performed by Co-Applicants pursuant to the Conditions of Certification. The Intervenors' expert on wildlife impacts conceded that these mitigation measures, if applied conscientiously, will minimize potential adverse impacts to wildlife. The specific habitat requirements of the red-cockaded woodpecker, which is found in the corridor in the vicinity of the Webb Area, is discussed in detail below.
Webb Wildlife Management Area
Passing through Charlotte County, the proposed Lee transmission line corridor traverses portions of the northern and western boundaries of the Webb Area, as well as certain directly adjacent lands. The Webb Area comprises approximately 65,000 acres of land owned by the FGFWFC. The western boundary of the Webb Area is approximately 120 feet to 150 feet from residences. The FGFWFC's management of the area is directed towards preserving and enhancing resident wildlife and its habitat, and providing various forms of associated public recreational opportunity. In its preliminary and final reports, the FGFWFC recommended against certification of the portion of the Lee transmission line corridor traversing the Webb Area, citing various adverse impacts to area resources and management efforts. In addition, these concerns were generally reiterated in the reports of other commenting agencies, which recommended the adoption of an appropriate agreement between the Co-Applicants and the FGFWFC as a condition of certification of the portion of the proposed corridor impacting the Webb Area.
However, SECI was informed by persons who own property adjacent to the Webb Area of their preference that the Lee transmission line be sited on the Webb Area. Co-Applicant SECI thereafter entered into negotiations with the FGFWFC in an effort to determine under what circumstances, if any, siting of the proposed transmission line facilities on the Webb Area would be appropriate. SECI also performed several on-site field y surveys of the Webb Area. These negotiations and investigations resulted in the execution and subsequent filing of an Agreement between SECI and FGFWFC that addressed the conditions under which certification of the subject portion of the Lee transmission line corridor would be acceptable to the FGFWFC. The Agreement includes the general identification of a suitable right-of-way within the Webb Area, certain
Conditions of Certification specifically applicable to this right-of-way, certain mitigative measures to be undertaken by SECI, and a provision requiring that certain applicable nonprocedural requirements identified by the FGFWFC in its agency reports be satisfied as conditions precedent. This Agreement has been incorporated into the proposed Conditions of Certification, which SECI has agreed to comply with.
The subject Agreement does not require the siting of the Lee transmission line on the Webb Area. Rather, the right-of-way identified by SECI and FGFWFC in the Agreement and proposed Conditions of Certification is directly adjacent to the northern and western boundaries of the Webb Area. This right- of- way traverses approximately 13.5 miles of land in the Webb Area constituting approximately 160 acres for the 100-foot wide right- of-way. It is estimated that between 50 to 75 percent of the right-of-way traversing the Webb Area will not require new access roads since there are available upland areas or existing access roads already in place.
In the proposed Conditions of Certification, SECI and FGFWFC expressly contemplated the prospect of mutual agreement to minor adjustments to this
right-of-way in order to address any site-specific concerns identified prior to construction. Neither the Agreement nor the proposed Conditions of Certification require that the transmission line be constructed on the Webb Area. For both of these reasons, SECI seeks certification of the entire proposed corridor, not merely the right-of-way.
The Agreement and proposed Conditions of Certification provide that if SECI utilizes the right-of-way in the Webb Area, SECI will purchase 427 acres of undisturbed land that is on a parcel of property directly adjacent to the northeast corner of the Webb Area. SECI also agreed to undertake mitigation measures during construction and design of the transmission line to minimize wildlife impacts in the Webb Area. These measures have been included in the Conditions of Certification.
The vegetation of the Webb Area was reviewed by Linda Duever, an expert in ecology in wetland classification and impacts, by walking the right- of-way proposed for the Webb Area and reviewing aerial photographs as well as seeking input from soil scientists and other wetland ecologists. Based upon the evaluations and the construction techniques proposed for the Webb Area, Ms. Duever opined that the proposed Lee transmission line would have minimal impact on vegetation and wetland communities. The Intervenor's wetlands expert, Charles Kocur, conceded that adherence to the proposed Conditions of Certification would mitigate potential adverse wetlands impacts within the Webb Area.
With respect to potential impacts from the proposed Lee transmission line on wildlife resources in the Webb Area, surveys conducted by the FGFWFC and the Co-Applicants demonstrate that the majority of wildlife activity occurs in the area of the corridor lying closest to the interior of the Webb Area. In the immediate vicinity of the proposed right-of-way within the Webb Area, documented wildlife activity is generally limited to: some foraging activity by red- cockaded woodpeckers; the presence of gopher tortoises along portions of the fence line separating the western portion of the Webb Area from adjacent private lands; and avian species crossing over the right-of-way area in the course of flying between the Webb lands and adjacent lands.
Red-cockaded woodpeckers, designated as a threatened species pursuant to Rule 39-27.004, F.A.C., forage for food over comparatively vast expanses of land surrounding their nesting trees. Construction of the Lee transmission line
in the vicinity of the Webb Area will necessitate the clearing of a small amount of suitable red-cockaded woodpecker foraging habitat. However, considering the significant areas of foraging and nesting habitat available in the remainder of the Webb Area, construction and maintenance of the Lee transmission line in accordance with the FGFWFC/SECI Agreement will not have a significant adverse impact upon red-cockaded woodpeckers population in the Webb Area or adjacent lands.
Gopher tortoises are designated by Rule 39-27.005, Florida Administrative Code, as a species of special concern. Although evidence indicates the presence of some gopher tortoise burrows in the area of the fence line comprising the western boundary of the Webb Area, no competent evidence was presented which would indicate that the construction and maintenance of the Lee transmission line would result in adverse impacts to these animals. To the contrary, unrebutted expert testimony established that the proposed transmission line would not adversely impact gopher tortoise populations. Moreover, the Co- Applicants have proposed a condition of certification which will require consultation with the FGFWFC in order to assure that any applicable regulatory constraints are satisfied.
Detailed surveys indicate that certain avian species may cross the area of the right-of-way in the course of flight between the Webb Area and adjacent lands. Potential adverse impacts due to bird collisions have been appropriately minimized by agreement to a condition of certification that will require the placement of appropriate visual indicators (aviation marker balls) in any area in which avian collisions are reasonably possible.
To the extent the Lee transmission line may be located within the Webb Area, the right-of-way identified in the Agreement between SECI and FGFWFC, viewed in conjunction with the various proposed Conditions of Certification, effects of minimal adverse impact on wildlife resources. Charles Kocur, testifying on behalf of the Intervenors as an expert on wildlife impacts, conceded that the proposed Conditions of Certification will minimize potential adverse impacts to wildlife.
Similarly, to the extent the line is ultimately located on the Webb Area, the placement of the Lee transmission line in accordance with the Agreement between SECI and the FGFWFC will result in minimal interference with area management practices and public use opportunities. By locating the transmission line right-of-way generally along the Webb Area boundary, the Agreement will preclude the creation of enclave parcels within the Webb Area, and obviate corresponding management and public use problems. In addition, such an alignment will facilitate area management by creating a low vegetation buffer between the Webb Area and adjacent private lands, thus preventing or minimizing conflicts between necessary area management practices (such as controlled burning) and the lawful use and enjoyment of adjacent private lands.
The subject Agreement also sets forth certain special Conditions of Certification applicable to the Webb Area right-of-way, including subjects such as the control of public access, the preservation of existing hydrological conditions, the placement and maintenance of fire lanes, and the maintenance of boundary and interior fences. These conditions will operate to further minimize any adverse impacts to wildlife resources or area management.
Finally, in order to offset the loss of public lands and available wildlife habitat occasioned by the location of the Lee transmission line, the subject Agreement requires that, in consideration for an easement over
approximately 160 acres of Webb lands, SECI shall be required to convey to the FGFWFC title to approximately 427 acres of property located adjacent to the northeastern corner of the area. In addition to being a significantly greater quantity of land than that required for the right-of-way, these mitigation lands are of superior quality (in terms of wildlife habitat) than the perimeter lands required for the right-of-way. Notwithstanding the partial loss of use of the perimeter land comprising the right-of-way, acquisition of the mitigation lands will result in a significant net positive benefit to the Webb Area, its resident wildlife, and the public.
Electric and Magnetic Fields
Transmission lines produce both electric and magnetic fields. DER Rule 17-274, F.A.C., sets standards for electric and magnetic fields for transmission lines of 69 kV or higher. Transmission line electric and magnetic fields under Rule 17-274, F.A.C., are calculated at the edge of the right-of-way using a worst case scenario of maximum conductor voltage, minimum conductor ground clearance, and maximum continuous current. Expert testimony established that the electric and magnetic fields generated by each proposed transmission line configuration that could potentially be used by Co-Applicants will comply with the standards of Rule 17-274, F.A.C., which require the electric field for a 230 kV line not to exceed 8 kilovolts per meter (kV/m) on the right-of-way and
2.00 kV/m at the edge of the right-of-way, and that the magnetic field not exceed 150 milliGauss (mG) at the edge of the right-of-way. Hamilton S. Oven, Jr., DER's Administrator of the Office of Siting Coordination, who coordinated DER's rule development efforts for the electromagnetic fields rule contained in Chapter 17-274, F.A.C., confirmed that the proposed Pebbledale, Vandolah, and Lee associated transmission lines can reasonably be expected to comply with the standards contained in this rule. The proposed Conditions of Certification require that the associated transmission lines comply with the electric and magnetic standards contained in Chapter 17-274, F.A.C., in addition to other DER rules.
Noise
During fair weather, noise from the proposed lines will be substantially below measurable levels. Transmission lines produce noise due to a corona effect when foreign particles, such as water droplets, are deposited on the line. During rainy weather, when the conductors are wet, the sound level generated depends on the line configuration. Assuming worst case conditions for audible noise, the H-frame configured transmission line may have a noise level at the edge of the right-of-way during rainfall as high as 38 dbA; the triangular and vertically configured transmission lines may have maximum noise levels that reach 38.7 and 48 dbA, respectively. Where, as in Hardee County, a bundled conductor configuration will be utilized, the maximum worst case noise levels for the H-frame, triangular, and vertical configurations during rainfall would be to 27, 27.2 and 36.5 dbA, respectively. These noise levels decrease as distance from the right-of-way increases. Because these noise levels occur only during and shortly after rainfall, the sound of the rain, which is similar in magnitude and quality, will mask the transmission line noise. The predicted noise levels from the Pebbledale, Vandolah, and Lee transmission lines are substantially lower than the noise levels produced by most existing 230kV transmission lines. In all instances, the noise from the proposed transmission lines will comply with all applicable local government noise ordinances.
Radio and Television Interference
Frequency modulated (FM) radio transmissions are virtually immune to interference by transmission lines. FM radio transmission is used in FM radios, public service radios, and other radio communications.
Amplitude modulated (AM) radio transmission, such as found in AM radios and the video portion of television, may experience some interference from transmission lines in limited circumstances. During foul weather, where the point of AM radio or television reception is near the edge of the right-of- way, the transmission line may cause interference to marginal AM radio transmission and marginal television video transmission on channels two through six.
The Federal Communications Commission requires operators of transmission lines to investigate and correct any interference to radio or television. Moreover, new techniques in conductor design have minimized the potential for interference.
Archeological and Historical Resources
Some areas along the transmission line corridors were considered possibly sensitive archeological areas by the Division of Historical Resources, and preliminary investigations in these areas were performed. If archeological sites are found during construction, Co-Applicants are required under the proposed Conditions of Certification to inform the Division of Historical Resources who will determine if the site is significant and what mitigation will be required. The Co-Applicants and Lee County have agreed to a condition of certification that will result in compliance with the Lee County Historic Preservation Ordinance.
Socioeconomic
The transmission lines will result in a beneficial economic impact to the affected counties due to resulting tax benefits. Since transmission lines are subject to ad valorem or personal property taxation, there will be an additional accrual of tax revenue in Hardee County attributable to the transmission lines. Other counties crossed by the transmission lines will also receive such tax revenues in proportion to the length of the line that passes through each jurisdiction. However, any such tax benefits will be reduced in Charlotte County due to the loss of private property resulting from the donation of certain lands to the Webb Area by SECI, pursuant to the Agreement with FGFWFC. Sales taxes will also be generated from the construction and operation of the plant and transmission lines.
Compatibility With State Comprehensive Plan and Comprehensive Regional Policy Plans.
The Hardee Power Station plant will be compatible with the policies, goals and objectives of the State Comprehensive Plan. The plant will make use of existing facilities developed for mining activity in the area, notably the road and railroad system. The plant will also have a positive impact on the economy and employment in the area, and will be constructed to protect historic or archeological resources, and all other applicable regulations relating to water resources, air quality, wastes, and mining reclamation. The plant will also comply with all policies of the Central Florida Comprehensive Regional Policy Plan.
Unrebutted expert testimony demonstrated that the Hardee Power Station associated transmission lines and natural gas pipeline will comply with the policies of the State Comprehensive Plan, the Southwest Florida Comprehensive Regional Policy Plan, and the Central Florida Comprehensive Regional Policy Plan. The proposed Conditions of Certification agreed to by the various agencies and the Co-Applicants sufficiently address the factors set forth in those plans.
I. DER Site Certification Review
DER conducted studies and made evaluations relating to general site suitability concerns in construction and operational safeguards, as well as facilities specific concerns relating to air quality, water availability, cooling system requirements, wastewater control, and construction impacts. Hamilton S. Oven, Jr., DER's Administrator of the Office of Siting Coordination, administers the power plant siting program and is an expert in environmental engineering with special expertise in the field of electric and magnetic fields. In his opinion, which is credited, the Co-Applicants provided DER with reasonable assurances that the project can be constructed and operated in conformance with DER rules.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of these proceedings. Section 120.57(1) and 403.508(3), Florida Statutes. This proceeding was held pursuant to the Florida Electrical Power Plant Siting Act (PPSA), Chapter 403, Part II, Florida Statutes, and Chapter 17-17, Florida Administrative Code, and at the request of the parties for good cause shown, certain otherwise applicable time limits have been altered pursuant to the provisions of Section 403.5095, Florida Statutes.
Section 403.502, Florida Statutes, sets forth the legislative intent in adopting and providing for the implementation of the PPSA, as follows:
The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection and utilization of sites for electrical generating facilities and the identification of a state position with respect to each proposed site.
The Legislature recognizes that the selection of sites and the routing of associated transmission lines will have a significant impact upon the welfare of the population, the location and growth of industry, and the use of the natural resources of the state. . . . It is the policy of this state that, while recognizing the pressing need for
increased power generation facilities, the state shall ensure through available and reasonable methods
that the location and operation of electrical power plants 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. It is the intent to seek courses of action that will fully balance the increasing demands for electrical power plant
location and operation with the broad interests
of the public. Such action will be based upon these premises:
To assure the citizens of Florida that operation safeguards are technically sufficient for their welfare and protection.
To effect a reasonable balance between the need for the facility and the environmental impact resulting from construction and operation of the facility, including air and water quality, fish and wildlife,
and the water resources and other natural resources of the state.
To provide abundant, low-cost electrical energy.
Notice of this proceeding was provided to all persons and parties entitled thereto, as well as to the general public. All necessary and required governmental entities were parties to this proceeding, and all required reports and studies were completed and presented to the DER, including: a) reports from the Department of Community Affairs concerning the compatibility of the proposed facility with the State Comprehensive Plan, pursuant to Section 403.507(1)(a), Florida Statutes; b) the Florida Public Service Commission's report as to the present and future need for electrical generating capacity to be supplied by the proposed plant; and, c) reports of the South and Southwest Florida Water Management Districts as to the impact of the proposed facility on water resources. DER also conducted, or required the Co-Applicants to conduct additional studies, and completed its report and recommendations with respect thereto.
Based upon a preponderance of competent substantial evidence presented at hearing, it is concluded that the Co-Applicants have met their burden of proving that their application is entitled to certification for the location, construction and maintenance of the Hardee Power Station, its associated facilities, directly associated transmission lines, and the natural gas pipeline, subject to certain Conditions of Certification found at Appendix C. Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). If constructed, maintained and operated in accordance with the recommended Conditions, the project will produce minimal adverse impacts on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life. Certification is consistent with the legislative purpose set forth in Section 403.502, above, of providing abundant, low-cost electrical energy and a reasonable balance between those minimal environmental impacts which will occur. In addition, the location, construction and maintenance of the Hardee Power Station, associated facilities, and associated gas pipeline and transmission lines, is consistent with the State Comprehensive Plan, Chapter 187, Florida Statutes.
The location, construction and maintenance of the Hardee Power Station, cooling reservoir, and associated facilities will produce minimal adverse effects upon the public and the environment. The plant area will be located in a remote area that has been, or will be, mined for phosphate. The plant will offer economic and employment benefits to the affected area, and will not impact the limited habitat for wildlife and vegetation within the plant site, or impact the water resources within the area if constructed and maintained in conformance with the recommended Conditions. The proposed placement of the natural gas pipeline and associated transmission lines will produce minimal adverse impacts upon the public or the environment, since the
corridors substantially follow existing linear facilities which have already impacted the public and the environment, and such impacts will not be increased by this placement. Where there are no existing linear facilities to follow, the corridors follow section and property lines, which is beneficial to, and consistent with, appropriate land uses. Where the corridors contact existing residential development, their placement is appropriately at the outer edges of that development.
Regarding the location of the Lee transmission line corridor in the Webb Area, there has been a reasonable balance effected between the need for low-cost, available power, and any impacts upon the public and the environment. It is recognized that power plants and their associated transmission lines will have an effect upon the welfare of the population of the State of Florida, but it has been shown that such effects will be minimal and that the environment, public safety and health will be protected through adherence to the Conditions recommended herein.
This certification constitutes permission for the Co-Applicants to use, connect to, and cross over the works and properties of the Florida Department of Transportation, and all local governments which are parties to this proceeding, subject to Condition XLII of the recommended Conditions of Certification. Additionally, this certification constitutes the grant of an easement for the Lee transmission line to cross the Peace River within the approved corridor, provided that no transmission line structures are placed upon state lands in the area. The impacts of the Hardee Power Station project on air and water quality, wetlands, vegetation, wildlife, and electromagnetic field effects are well below acceptable standards established by regulatory agencies having jurisdiction over this project. The location of this project is appropriate and in compliance with applicable regulatory requirements. This project appropriately addresses the PSC's need determination, and provides a reasonable balance between that need and the environmental impacts of the project.
Subsequent to the land use hearing in this matter and the filing of the resulting Recommended Order on June 6, 1990, but prior to this certification hearing, the Intervenors Slack and Katz en proposed consideration of an alternate corridor for the Lee transmission line. The PPSA does not authorize consideration of alternate corridors, although an alternate corridor procedure is allowed under the Electrical Transmission Line Siting Act (TLSA), Sections
403.52 through 403.536, Florida Statutes. The Legislature has specifically provided that the provisions of the TLSA do not apply to directly associated transmission lines for which certification is sought under the PPSA. Section 403.524(1), Florida Statutes. Therefore, evidence pertaining to alternate corridors which Intervenors sought to introduce was excluded as irrelevant, as provided by Order Granting Motion to Strike Notice of Proposed Alternative Corridor filed on June 27, 1990.
Additionally, evidence which Intervenors sought to introduce concerning the impact of the Lee transmission line on adjacent property values was excluded as irrelevant. This issue is not appropriate for consideration during the certification phase of proceedings under the PPSA. Certification of Pasco County Solid Waste Resource Recovery Facility, 10 F.A.L.R. 5503, 5510 (Final Order of Siting Board entered August 23, 1988); Miller v. Department of Environmental Regulation, 504 So.2d 1325, 1327 (Fla. 1st DCA 1987). The impact of a project certified under the PPSA on property values is not one of the enumerated issues which is to be studied in this process. Section 403.507 (2), Florida Statutes. The Circuit Courts have exclusive jurisdiction over eminent
domain under Chapters 73 and 74, Florida Statutes, and certification under the PPSA is admissible evidence as to public need and necessity, but not as to any diminution in property values, in eminent domain proceedings in Circuit Court. Section 403.539(1), Florida Statutes.
RECOMMENDATION
Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Governor and Cabinet, sitting as the Siting Board, enter a Final Order granting certification for the location, construction and maintenance of the Hardee Power Station, its associated facilities, directly associated transmission lines, and the natural gas pipeline as presented in the Co-Applicants site certification application, subject to the Conditions of Certification contained in Appendix C.
DONE AND ENTERED this 15th of October, 1990 in Tallahassee, Florida.
DONALD D. CONN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Filed with the Clerk of the Division of Administrative Hearings this 15th day of October, 1990.
Copies furnished to all persons shown in Appendix A
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
| Issue Date | Proceedings |
|---|---|
| Oct. 15, 1990 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Oct. 15, 1990 | Recommended Order | Co-applicants proved that their applications are entitled to certification for the location and construction of their power station. |
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