BEFORE THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

)

SEMINOLE PLANT-KEYSTONE-JEA ) CASE NO. 90-5799TL FIRESTONE 230 kV TRANSMISSION ) OGC NO. 90-1432 LINE CORRIDOR CERTIFICATION )

APPLICATION NO. TA 90-08 )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Don W. Davis, Hearing Officer with the Division of Administrative Hearings, on March 11-12, 1991, in Green Cove Springs, Florida, and on March 13, 1991, in Keystone Heights, Florida.

APPEARANCES

For Seminole Electric Cooperative, Inc. and

Jacksonville Electric Carolyn S. Raepple, Esquire Authority: Richard W. Moore, Esquire

For State of Florida Department of

Environmental Regulation: Richard T. Donelan, Jr., Esquire

For St. Johns River Water

Management District: Kathryn L. Mennella, Esquire For Clay County: Mark Scruby, Esquire

For Middleburg

Individuals: Robert S. Yerkes, Esquire

For Lake Brooklyn

Civic Association, Inc.: Jeffrey M. Leukel, Esquire

STATEMENT OF THE ISSUES

The issue for determination in this proceeding is whether the corridor for the Seminole Plant-Keystone-JEA Firestone 230 kV Transmission Line proposed by the Applicants, Seminole Electric Cooperative, Inc. and Jacksonville Electric Authority, is proper for certification under the Transmission Line Siting Act, Sections 403.52-403.5365, Florida Statutes (1989 and Supp. 1990).

PRELIMINARY STATEMENT

The Applicants, Seminole Electric Cooperative, Inc. (SECI) and Jacksonville Electric Authority (JEA), presented seven witnesses and Exhibits 1 through 48 in support of the Seminole Plant-Keystone-JEA Firestone 230 kV Transmission Line Application for Corridor Certification.

Testifying on behalf of the Applicants were Analee Moore, an expert in land use planning with specialized expertise in siting linear facilities; Wayne Altman and Chris Hebert, experts in transmission line engineering; Michael Tomlinson, an expert in hydrology and water quality; Jim Poppleton, an expert in botany, including wetland classification and mapping; John Wiese, an expert in wildlife ecology; and Frederick Dietrich, an expert in electrical engineering.

The Department of Environmental Regulation (DER) presented the testimony of Hamilton S. Oven, Jr., an expert in environmental engineering with respect to effects of electric and magnetic fields. In addition, DER Exhibit 1 was introduced into evidence.

St. Johns River Water Management District (SJRWMD) presented two witnesses and SJRWMD Exhibits 1, 2, and 7 were received into evidence. Testifying on behalf of the SJRWMD were Timothy Sagul, an expert in civil engineering with specialized expertise in stormwater and surface water management; and Barbara Hatchitt, an expert in wetland ecology.

On the evening of March 13, 1991, the public hearing portion of the certification hearing was convened in the City of Keystone Heights for the purpose of allowing members of the public an opportunity to present evidence and testimony. Sixteen members of the public testified. They were: Phillip Baumgardner, Susie Mathis, Anita Jones, Thomas Maney, James Jett, Ervin Triest, Karen Pratt, Steve Longinotti, Mark M. Arnold, Darby Bloodgood, Wayne Wilcox, Judy Wagener, Wanda Sutter, Bulah McMillan, Bill Beam and Bruce Peters. In addition, numerous Public Exhibits were submitted during the course of the public hearing. To avoid interruption of citizen presentations, the Applicants were permitted a standing objection to the introduction of any evidence at the public hearing regarding the burial of the proposed transmission line, the potential for adverse health effects from electric and magnetic fields, aesthetics and property value. The rulings on these standing objections are set forth in the Conclusions of Law.

The transcript of proceedings was filed with the Division of Administrative Hearings on March 22, 1991. Rulings on proposed findings of fact submitted by the parties are addressed in Appendix E of this Recommended Order.

ABBREVIATIONS

The following abbreviations are used in this Recommended Order: CEC - Clay Electric Cooperative, Inc.

DER - Florida Department of Environmental Regulation

DNR - Florida Department of Natural Resources GFWFC - Florida Game and Fresh Water Fish Commission JEA - Jacksonville Electric Authority

PSC - Public Service Commission

SECI - Seminole Electric Cooperative, Inc. SJRWMD - St. Johns River Water Management District

SKF Transmission Line - Seminole Plant-Keystone-JEA Firestone

230 kV Transmission Line

FINDINGS OF FACT

1. Procedural Matters

   
   

   1. Determination of Need. The determination of need for the SKF Transmission Line was made by the PSC pursuant to Section 403.537, Florida Statutes, by Order No. 22713, dated March 20, 1990, attached as Appendix A to this proposed Recommended Order. The PSC determined that the SKF Transmission Line was needed for several reasons.

      
      

   2. First, the proposed transmission line will improve the reliability of electrical service to customers of CEC by replacing the radial, or dead-end, 69 kV transmission line that presently serves the Riverview, Florahome and Keystone substations. The proposed transmission line will provide looped service to these existing substations and prevent the occurrence of a single contingency outage. If a single outage occurs at some point along the proposed transmission line, all of the substations can continue receiving power from one direction or the other.

      
      

   3. Secondly, the proposed SKF Transmission Line will improve the reliability of service to JEA's Firestone Substation by preventing future overloads and low voltage conditions on the JEA system.

      
      

   4. Finally, the proposed transmission line will improve the transfer capability of the SECI's transmission system by providing an interconnection with the JEA transmission system allowing SECI to purchase more economical generation capacity outside the State of Florida.

      
      

   5. The estimated economic benefit over the next 20 years to SECI's customers is $48.2 million and to JEA customers is $544,000. The PSC determined that the proposed transmission line was needed in service by 1994.

      
      

   6. Filing of Application and Notices. On September 7, 1990, the Applicants, SECI and JEA, filed with DER the Seminole Plant-Keystone-JEA Firestone 230 kV Transmission Line Application for Corridor Certification. Notices of the Application and the certification hearing were properly published in the Florida Administrative Weekly and in newspapers of general circulation within the counties to be crossed by the proposed transmission line corridor.

      
      

   7. No party properly filed an alternate corridor for consideration in this proceeding.

      
      

2. Project Design

   
   

   1. As described in the Application, the Applicants propose a single 230 kV transmission line which will originate at the Seminole Plant in Putnam County and terminate at the JEA Firestone Substation in the City of Jacksonville/Duval County. The total length of the proposed transmission line corridor is approximately 70 miles. Approximately 35 miles of the proposed corridor is located along existing transmission line rights-of-way and the proposed transmission line will replace or be collocated with existing transmission lines within these rights-of-way. The majority of the remaining proposed corridor is located along major linear facilities such as S.R. 100, S.R. 21, and the proposed Branan Field-Chaffee Limited Access Road. A map of the proposed SKF Transmission Line corridor is shown in Appendix B to this Recommended Order.

   2. Between the Seminole Plant and the JEA Firestone Substation, the SKF Transmission Line will connect to four existing substations. In Putnam County, the proposed transmission line will connect to the Riverview and Florahome substations. In Clay County, the proposed transmission line will connect to the Keystone and Black Creek substations.

      
      

   3. SECI will be responsible for the construction, operation and maintenance of the proposed transmission line in Putnam County and Clay County. JEA will be responsible for the construction, operation and maintenance of the proposed transmission line in the City of Jacksonville/Duval County.

      
      

3. Location of the Preferred Corridor, Existing Land Use and Cover

   
   

   1. Seminole Plant to Riverview Substation. The proposed transmission line corridor originates at the Seminole Plant and proceeds west along SECI's existing 230 kV transmission line right-of-way. Approximately two miles west of the Seminole Plant, the corridor turns south toward the Riverview Substation.

      In this section of the corridor, the developed land uses include the Seminole Plant and the Putnam County Landfill. Agricultural land uses include pasture and planted pine. Natural vegetative areas include some mixed swamp forest along the Moccasin Creek, cypress domes west of the Seminole Plant, and some sandhill. Surface water bodies in this portion of the corridor include Moccasin Creek, an unnamed pond and a tributary leading to the St. Johns River.

      
      

   2. Riverview to Florahome Substation. From the Riverview Substation, the proposed corridor generally heads west toward the Florahome substation following the existing CEC 69 kV transmission line right-of-way. The corridor widens near Bardin to include an existing SECI 230 kV transmission line right-of-way. Land uses in this portion of the corridor include primarily planted pine, pasture, and some low density residential. Vegetative communities include sandhill, pine plantation, and mixed swamp forest around the Etonia and Simms Creeks. Several small unnamed canals, ditches, ponds and streams are crossed by this portion of the corridor. Named water bodies crossed by the corridor in this area include Simms Creek and Etonia Creek.

      
      

   3. Florahome to Keystone Substation. The proposed transmission line corridor heads west and north from the Florahome Substation to the Keystone Substation. The corridor continues to follow the existing 69 kV transmission line right-of-way into the City of Keystone Heights. Pursuant to a Stipulation between the City of Keystone Heights and SECI, the proposed transmission line corridor will turn south from the existing 69 kV transmission line right-of-way on the east side of Commercial Circle and proceed to the Keystone Substation along S.R. 100. Developed land uses in the area of the Florahome Substation are sparse and are comprised of mostly pasture and low density residential. As the proposed corridor approaches the City of Keystone Heights, residential areas become more prevalent. Within the City of Keystone Heights the land uses are primarily institutional, and commercial services with sparse residential development. Natural vegetation in this part of the corridor includes sandhill and disturbed oak hammock. Water bodies crossed by the corridor in this area include small unnamed ponds, lakes, streams, and canals.

      
      

   4. Keystone to Black Creek Substation. From the Keystone Substation, the proposed transmission line corridor follows S.R. 21 north to the intersection of

      C.R. 215. At this point the corridor continues north and then east following the existing CEC 115 kV transmission line right-of-way to the Black Creek Substation. SECI will locate the SKF Transmission Line within the existing CEC

      115 kV transmission line right-of-way. Land uses in this area of the corridor include some commercial/services near the City of Keystone Heights, industrial, such as the Gold Head Mine, Gold Head Branch State Park, the Camp Blanding military reservation along S.R. 21, and some residential areas near the community of Middleburg. The vegetative communities include primarily sandhill and pine plantation, with some mixed swamp forest near the Black Creek and its tributaries, and smaller areas of cypress domes and sand pine scrub. The corridor crosses several named water bodies in this area including a narrow portion of Brooklyn Lake adjacent to S.R. 21, Ates Creek, the South Fork of Black Creek, Bull Creek, Mill Creek, Dillaberry Branch, the North Fork of Black Creek and Grog Branch. Several smaller unnamed streams, ponds, canals, and tributaries associated with these water bodies are also crossed.

      
      

   5. Black Creek to JEA Firestone Substation. The proposed transmission line corridor proceeds north from the Black Creek Substation centered on the existing Branan Field Road and the proposed Branan Field-Chaffee Limited Access Road to a point directly west of the JEA Firestone Substation where the corridor turns to the east. The corridor heads east and intersects and follows an existing JEA 138 and 230 kV transmission line right-of-way to the JEA Firestone Substation. In this section of the corridor, the land uses include some residential areas to the north of the Black Creek Substation and along the edges of the existing transmission line right-of-way west of the JEA Firestone Substation. The corridor crosses areas of pine flatwoods, pine plantation, and sandhill. Wetland areas include some cypress domes and some mixed swamp forest near the north and south prong of the Double Branch River, and the Ortega River. Water bodies crossed by the corridor in this area include unnamed canals and ponds, the South and North Prong of the Double Branch, the Ortega River and several unnamed tributaries associated with these water bodies.

      
      

4. Proposed Design, Construction and Maintenance of the SKF 230 kV Transmission Line

   
   

   1. SECI Structures. In Putnam County and Clay County, SECI will use one of five typical transmission line structures. In rural areas along the majority of the proposed transmission line corridor, SECI will use an H-frame transmission line structure. In more urbanized areas, either single pole vertical or delta transmission line structures may be used. Where it is feasible to locate distribution lines on the same structure with the transmission line, SECI will use a single pole vertical with distribution underbuilt structure. Where it is feasible to collocate the proposed transmission line with an existing transmission line or where it is necessary to double-circuit the proposed transmission line, SECI will use a single-pole, double-circuit transmission line structure. The span lengths between the transmission line structures will vary between 600 to 1,200 feet. Overhead ground wires will be attached to the top of each structure and may contain a fiber optic cable. The minimum clearance for the SECI portion of the transmission line will be 26 feet.

      
      

   2. JEA Structures. In the City of Jacksonville/Duval County, JEA will use a single pole vertical structure where new right-of-way is acquired. Where the proposed transmission line is collocated with the existing JEA 138 kV transmission line, the conductors will be located on the existing single pole vertical transmission line structures. The minimum clearance for the JEA portion of the proposed transmission line will be 22.5 feet.

   3. Right-of-Way Requirements for SECI and JEA. In Putnam County and Clay County where the proposed transmission line replaces the SECI 69 kV transmission line or is collocated with the CEC 115 kV transmission line, the proposed transmission line will be located in the existing 100-foot-wide right-of-way. Where the SECI portion of the transmission line is located adjacent to an existing road or railroad right-of-way, the right-of-way width may vary between

      25 to 100 feet in width. In the City of Jacksonville/Duval County, the transmission line right-of-way may be up to 130 feet wide.

      
      

   4. Phases of Construction. The primary phases of construction for the SKF Transmission Line include surveying the right-of-way, right-of-way clearing, access road and structure pad construction, and structure erection and conductor stringing. The phases of construction will generally be the same for both the SECI and JEA portions of the proposed transmission line.

      
      

   5. Surveying. In the first phase of construction, the boundaries for new right-of-way within the proposed corridor will be determined and staked for clearing. The boundaries where new access roads and structure pads are required will also be determined.

      
      

   6. Right-of-Way Clearing. After surveying is completed, vegetation in the new right-of-way, and where necessary in the existing right-of-way, will be cleared. In upland areas, the right-of-way will be cleared to the ground level, leaving the existing root mat. In wetland areas, restrictive clearing, as defined in DER Condition of Certification S-2.B and SJRWMD Condition of Certification S-23 B.(1), will be used. (A compilation of the Conditions of Certification is attached hereto as Appendix C to this Recommended Order.)

      
      

   7. Access Road and Structure Pad Construction. Due to the location of the majority of the proposed transmission line along existing transmission line rights-of-way and roads, new access road and structure pad construction will be minimized. New access roads and structure pads will be required in areas where soft soil conditions do not support the weight of the equipment required to construct and maintain the proposed transmission line. Where access roads and structure pads are constructed, fill material will only be used when the existing soil cannot be properly compacted for construction.

      
      

   8. Structure Erection and Conductor Stringing. The transmission line structures will be erected using cranes and other support vehicles such as bulldozers, tractors and light vehicles. Foundations for the structures may be either native soil, crushed rock or, in the case of heavy line angles, concrete. After the structures have been erected, the conductors will be installed using various tension machines and cable pullers.

      
      

   9. Duration of Construction Phases. Each phase of construction along a typical mile of the transmission line will last two to five days. The construction time for the entire SKF Transmission Line will be approximately 18 months.

      
      

   10. Transmission Line Load Design. The SECI portion of the proposed transmission line is designed for a nominal voltage of 230 kV with a maximum current rating (MCR) of 2000 amperes. The JEA portion of the transmission line is also designed for a nominal voltage of 230 kV with a MCR of 1,677.

       
       

   11. Transmission Line and Right-of-Way Maintenance. Transmission line and right-of-way maintenance is typically the same for both the SECI and JEA portions of the transmission line. The transmission line will be patrolled

       approximately every two months. Repairs and maintenance to the transmission line, access roads and culverts will be performed at this time, if necessary. The right-of-way will be mowed approximately every two years. Where mowing is not feasible, herbicides will be used in accordance with DER Condition of Certification S-7 as set forth in Appendix C to this Recommended Order.

       
       

   12. Compliance with Codes and Engineering Standards. The proposed transmission line will be designed and constructed to meet the requirements of the National Electrical Safety Code (Ed. 1990), REA Transmission Line Design Guidelines, the Florida Department of Transportation Utility Accommodation Guide (May 1990), and Chapter 17-274, Florida Administrative Code. Materials used for the construction of the proposed transmission line will comply with the American National Standards Institute (ANSI), American Society of Testing Material (ASTM), and American Concrete Institute (ACI).

       
       

   13. Stipulations Concerning Transmission Line Design. The Applicants have agreed with various state, regional and local agencies regarding conditions of certification applicable to the construction and location of the proposed transmission line. All of the conditions of certification regarding the design or location of the proposed transmission line are encompassed within the ranges of design and location proposed in the Application. The Conditions of Certification affecting the construction and location of the SKF Transmission Line are included in Appendix C to this Recommended Order.

       
       

5. Impacts of the SKF Transmission Line Upon the Public

   
   

   1. Impacts on Existing Land Uses. The SKF Transmission Line will have a minimal impact on existing land uses. Approximately 35 miles of the 70 mile corridor follows existing transmission line rights-of-way where the SKF Transmission Line will replace or be collocated with the existing transmission lines. Approximately 33 of the remaining 35 miles of the corridor parallel existing or proposed linear facilities; i.e., S.R. 100, S.R. 21, the Georgia Southern and Florida Railroad, Branan Field Road and the proposed Branan Field- Chaffee Limited Access Road. The use of existing transmission line rights-of- way and the paralleling of linear facilities minimizes disruption to existing land uses and minimizes the need for new access road construction. Additionally, other than some residential areas near the City of Keystone Heights and Middleburg, most of the corridor traverses undeveloped land and agricultural land. The Applicants have stipulated with the City of Keystone Heights and Clay County on Conditions of Certification for the location and construction of the transmission line in the City of Keystone Heights and surrounding area, and in the community of Middleburg. These Conditions of Certification are included in Appendix C to this Recommended Order.

      
      

   2. Construction Noise. Construction activities, such as right-of-way clearing, are minimized by locating the majority of the proposed corridor along existing transmission line rights-of-way. Construction activities will take place in short phases where the total time in any one area will be one to two weeks. Noise associated with construction activities is confined to machinery used intermittently during construction and will occur only during daylight hours.

      
      

   3. Electric Shock. The National Electrical Safety Code (NESC) sets standards for the installation, operation and maintenance of electric and communication facilities necessary to protect the safety of the public and operators of those facilities. The proposed transmission line will comply with the requirements of the NESC.

   4. Lightning. Lightning is generally attracted and diverted to the tallest object on the ground in a particular area. Transmission line structures, often the tallest structures in an area, are frequently struck by lightning. To protect the transmission line against large surges in voltage and current which can cause damage, the Applicants will protect the SKF Transmission Line by placing ground wires above the conductors to interrupt the lightning and safely route it to an extensive grounding system at the base of the structures consistent with the NESC. This structural design should produce no risk to people or residents adjacent to the transmission line and may provide additional safety in the vicinity of the transmission line by diverting lightning to the transmission line grounding system.

      
      

   5. Transmission Line Noise. During fair weather transmission line noise will be below ambient noise levels. Measurable noise will only be generated by the transmission line during foul weather or when the conductors are saturated with water. During these periods, the maximum noise levels will range between

      39 dBA to 48 dBA. In all instances, the noise levels generated by the transmission line will comply with applicable local government noise ordinances.

      
      

   6. Radio and Television Interference. The proposed transmission line will not interfere with frequency modulated (FM) radio reception. The transmission line may interfere with amplitude modulated (AM) radio reception depending on the frequency level of the transmission, the location of the receiver, and the strength of the radio transmission. No interference from the transmission line is expected to AM radio reception from a Type A station where the receiver is located at least 20-25 feet from the edge of the transmission line right-of-way. Interference from the transmission line to AM radio reception from a Type B station may occur if the receiver is located within 100 feet of the transmission line. Foul weather may increase the level of interference. Interference to AM radio reception from the transmission line can usually be corrected by adjusting the position of the antenna for the radio receiver. The audio portion of television is transmitted using FM frequency and will not experience interference from the transmission line. The video portion of television is transmitted using the AM frequency and therefore may experience interference from the transmission line. This interference should be limited to the weaker Grade B television transmissions, during foul weather, on channels two through six.

      
      

      Pursuant to Condition of Certification S-5 shown in Appendix C to this Recommended Order, the Applicants will investigate complaints regarding radio and television interference and provide appropriate mitigation for all impacts.

      
      

   7. Interference with Other Communication Systems. The transmission line will not interfere with cable television reception or telephone reception. Pursuant to the Condition of Certification S-10 shown in Appendix C, SECI will perform a base line communication measurement for the Keystone Fire Tower and take any necessary steps to correct any interference the transmission line may cause to the Keystone Fire Tower communications system.

      
      

   8. Electric and Magnetic Fields. Electric and magnetic fields are produced by virtually all electrical equipment. Transmission lines also produce electric fields, measured in kilovolts per meter (kV/m), and magnetic fields, measured in milligauss (mG). Standards for electric and magnetic fields produced by transmission lines are set forth in Chapter 17-274, Florida Administrative Code. The calculations for electric fields within and at the edge of the right-of-way, and for magnetic fields at the edge of the right-of-

      way, are made using the Bonneville Power Administration (BPA) Corona and Field Effects Program. Pursuant to Chapter 17-274, calculations for electric and magnetic fields are made under a worst case scenario; e.g. maximum conductor voltage, minimum conductor to ground clearance, and maximum current rating. The calculated electric and magnetic fields for the proposed SKF Transmission Line are shown on Appendix D to this Recommended Order. Depending on the final engineering of the transmission line, the actual electric and magnetic field levels will likely be lower than those shown in Appendix D. Pursuant to Chapter 17-274, Florida Administrative Code, the electric field for a 230 kV transmission line shall not exceed 8 kV/m within the right-of-way and 2.00 kV/m at the edge of the right-of-way, and the magnetic field shall not exceed 150 mG at the edge of the right-of-way. See, Rule 17-274.450(3) F.A.C. The proposed SKF Transmission Line complies with these standards. Further, a review of these standards is being undertaken by DER in deference to the rule's recognition of "a potential for adverse health effects" associated with electrical and magnetic fields emanating from electrical transmission and distribution lines. In accordance with Condition of Certification S-6 of appendix C, applicants agree to comply with presently existing electrical and magnetic field standards as well as any amendments to those standards which may result from DER's review of the state of the science in this area.

      
      

6. Impacts of the SKF Transmission Line Upon the Environment: Water Resources, Vegetation and Wildlife

   
   

   Water Resources

   
   

   1. Flood Levels. The proposed SKF Transmission Line will not adversely impact flood elevations in the area of the preferred corridor. The majority of the preferred corridor is located along existing transmission line rights-of-way and other major linear facilities, such as S.R. 100, S.R. 21, and the Branan Field-Chaffee Limited Access Road, thereby minimizing the amount of fill required for new access roads. Additionally, all the surface water bodies along the corridor can be spanned by the proposed transmission line thus eliminating the need for any fill or structures in open water.

      
      

   2. Water Quality. The location and construction of the proposed transmission line within the corridor will not adversely affect water quality. The use of existing rights-of-way for the proposed transmission line will minimize disturbances to the ground cover in the area of the preferred corridor thereby reducing the potential for erosion. Where new access roads or structure pads are built the soil will be compacted and erosion control devices such as mulch and fiber fences will be used to control erosion that could affect water quality.

      
      

   3. Water Quantity. The proposed transmission line will not adversely affect the water quantity in the area of the preferred corridor. The location of the transmission line within existing rights-of-way and along roadways will minimize the need for new access roads. Where new access roads must be built, culverts will be installed where appropriate to maintain existing hydroperiods. Low-lying vegetation in areas not occupied by existing or new access roads and structure pads will be allowed to grow, thereby maintaining the infiltration and runoff rates in the area of the corridor.

      
      

   4. Ground Water. Limited dewatering may be required for construction of the transmission line and will not exceed the consumptive use permitting thresholds or exemptions adopted by the SJRWMD. Where dewatering is required

      for the placement of a structure foundation, the water will be discharged on site and allowed to percolate through the ground to recharge the surficial aquifer.

      
      

   5. Conditions of Certification Regarding Water Resources. The Applicants have agreed with DER and SJRWMD on Conditions of Certification regarding water resources. If constructed in accordance with these Conditions of Certification, the proposed transmission line will comply with the water quality, and water quantity and wetland standards for DER and the SJRWMD.

      
      

      Vegetation

      
      

   6. Impacts on Vegetation and Clearing. The impacts to vegetation from the location, construction and maintenance of the SKF Transmission Line within the proposed corridor will be minimal. For approximately one-half the length of the corridor, the SKF Transmission Line will be located within existing transmission line rights-of-way. Location of the SKF Transmission Line within existing transmission line rights-of-way virtually eliminates the need for new clearing of vegetation within those portions of the corridor. Approximately 33 of the remaining 35 miles of the proposed corridor follows existing linear facilities such as roads and railroads. The use of existing linear facilities will facilitate access to the SKF Transmission Line thereby reducing the amount of new access road construction and permanent clearing. Vegetation that will be cleared within the corridor is not regionally unique, nor does it provide critical habitat to wildlife species. Moreover, where clearing does occur, low lying vegetation will be allowed to revegetate.

      
      

   7. In wetland areas, clearing practices will be used to minimize the impacts to those communities. In freshwater marsh areas where access roads and structure pads are not required, no clearing will occur. Pursuant to DER Condition of Certification S-2.B. and SJRWMD Condition of Certification II b.(1), restrictive clearing shall be used in forested wetland areas to minimize impacts to wetland vegetation.

      
      

      Wildlife

      
      

   8. Wildlife Habitats. Wildlife habitats within the SKF Transmission Line corridor are primarily sandhill communities, various pine communities, pasture land and various freshwater and forested wetland areas where the corridor is crossed by creeks and rivers. Along the majority of the corridor, the proposed transmission line will be located adjacent to or within existing linear facilities thereby minimizing the clearing required in the various wildlife habitats. No federally designated Critical Habitat is crossed by the corridor.

      
      

   9. Threatened and Endangered Species. The corridor was screened for 51 species of wildlife designated by various federal, state, and regional agencies as Threatened and Endangered, Rare, or Species of Special Concern. Other than the gopher tortoise and associated commensurals, none of the 51 species were found to be dependent upon any of the wildlife habitats within the corridor. In respect to gopher tortoises, a regionally common species throughout the area, structure locations can be varied to minimize impacts to this species.

      
      

   10. Stipulations with DNR and GFWFC. Prior to the location of the transmission line right-of-way across any portion of the Mike Roess Gold Head Branch State Park, the Applicants will consult with DNR and ensure that the location of the right-of-way complies with the Incompatible Use Policy. (Section 403.531(3), Florida Statutes.) Prior to any clearing activities, the

       Applicants will conduct a threatened and endangered species survey. The survey will be submitted to the U. S. Fish and Wildlife Service and GFWFC for review and appropriate steps taken to avoid, minimize, or mitigate impacts to any identified species.

       
       

7. Nonprocedural Requirements of Agencies

   
   

   1. The Applicants have expressly accepted the Conditions of Certification attached hereto as Appendix C to insure that the location, construction and maintenance of the SKF Transmission Line within the Applicants' corridor will comply with the nonprocedural requirements of state, regional and local government agencies.

      
      

   2. Two special exceptions required for the SKF Transmission Line were identified in the Application. A special exception will be needed for the location of the proposed transmission line in any zoning district in Putnam County. In the City of Jacksonville/Duval County, a special exception will be required for the location of the transmission line within the General Floodplain District. Evidence admitted at hearing, including that regarding corridor selection methodology, transmission line design and construction techniques, together with the Conditions of Certification attached as Appendix C, support the issuance of the special exceptions in Putnam County and the City of Jacksonville/Duval County.

      
      

8. Compliance with Comprehensive Plans

1. The location of the SKF Transmission Line within the Applicants' corridor will be compatible with existing land uses and consistent with the applicable comprehensive plans of Putnam County, Clay County, City of Jacksonville/Duval County, and the City of Keystone Heights.

   
   

   CONCLUSIONS OF LAW

   
   

2. This certification proceeding was held pursuant to the Transmission Line Siting Act, Sections 403.52-403.5365, Florida Statutes (1989 and Supp. 1990) and Chapter 17-17, Part II, Florida Administrative Code. The intent of this permitting process is:

   
   

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

   
   

   Section 403.521, Fla. Stat. (Supp. 1990) (emphasis added).

   
   

3. To implement this intent, the Legislature has set forth specific requirements for reports and studies from various agencies regarding matters within their jurisdiction, notice of the application and certification proceeding, the ability of third parties to offer alternate corridor routes for consideration, and the criteria to be considered in determining whether an

   application should be approved in whole, approved with modification or conditions, or denied. Sections 403.526, 403.527, 403.5271 and 403.529, Fla.

   Stat. (Supp. 1990).

   
   

   Procedural Matters

   
   

4. The evidence in the record of this proceeding demonstrates compliance with the procedural requirements of the TLSA, including all notice requirements.

   
   

   Criteria to Evaluate Preferred Corridor

   
   

5. In order to make a determination whether the Applicant's proposed transmission line corridor should be certified, it must be determined whether, and the extent to which, the location of the corridor and the construction and maintenance of the transmission line in the corridor will:

   
   

   1. Ensure electric power system relia- bility and integrity;

      
      

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

      
      

   3. Comply with nonprocedural requirements of agencies;

      
      

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

      
      

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

      
      

      Section 403.529(4) Fla. Stat. (Supp. 1990).

      
      

      Compliance with Section 403.529(4)(a), Florida Statutes

      
      

6. The PSC determined the need for the SKF Transmission Line in Order 22713, issued on March 20, 1990. The PSC concluded: The construction and operation of the SKF transmission line will enhance electric system reliability and integrity.

   
   

   (This determination is binding upon all parties to the certification proceeding. Section 403.537(1)(c), Fla. Stat. (Supp. 1990).

   
   

   Compliance with Section 403.529(4)(b), Florida Statutes

   
   

7. In its order determining the need for the SKF Transmission Line the PSC found that the proposed transmission line would need to be in service by 1994. Evidence regarding the design of the transmission line, the construction phases for the transmission line, and the projected 18-month construction schedule demonstrate that the SKF Transmission Line will meet the electrical energy needs of the state in an orderly and timely fashion within the time-frame established by the PSC.

   Compliance with Section 403. 529(4)(c), Florida Statutes

   
   

8. The location of the corridor, and the construction and maintenance of the proposed transmission line will comply with applicable nonprocedural requirements of state, regional, and local agencies if done in accordance with the Conditions of Certification set forth Appendix C.

   
   

9. In the Application, the Applicants identified a special exception necessary for the location of the proposed transmission line in the Putnam County zoning districts and a special exception required for the location of the proposed transmission line in the General Flood Plain District in the City of Jacksonville. The location of the corridor, and the construction and maintenance of the proposed transmission line would appear to comply with the criteria for the granting of these special exceptions. To the extent any other variances, exemptions or exceptions from agencies' nonprocedural requirements are necessary for the location, construction, or operation of the proposed transmission line, those variances, exemptions, and exceptions appear to have been waived by the failure of any party to timely give notice of them. Section 403.531(2)(b), Fla. Stat. (Supp. 1990).

   
   

   Compliance with Section 403.529(4)(d), Florida Statutes

   
   

10. The location of the corridor, and the construction and maintenance of the SKF Transmission Line is consistent with the comprehensive plans for Putnam County, Clay County, the City of Jacksonville/Duval County and the City of Keystone Heights.

    
    

    Compliance with Section 403.529(4)(e), Florida Statutes

    
    

11. The last criterion requires that a reasonable balance be effected between the need for a transmission line and the impacts upon the public and the environment from the location of the corridor, and the construction and maintenance of the transmission line. The PSC determined that the SKF Transmission Line was needed to improve the reliability and availability of electrical service to customers of CEC and JEA. In Putnam County and Clay County the project will replace the existing dead-end, or radial, 69 kV transmission line that serves the Riverview, Florahome and Keystone substations with a 230 kV transmission line that will provide looped service to these substations. This looped service will prevent a single contingency outage to these substations and will allow for a more economical transfer of power into the SECI transmission system. Over the next 20 years, the PSC determined that the proposed SKF Transmission Line will result in economic benefits of $48.2 million to SECI's customers and $544,000 to JEA's customers. The PSC's need determination for the SKF Transmission Line is binding upon all parties.

    Section 403.537(1)(c), Fla. Stat. (Supp. 1990).

    
    

12. With regard to the potential impacts to the public from the location of the corridor, and the construction and maintenance of the proposed transmission line, the proposed SKF Transmission Line is in compliance with the applicable local comprehensive plans, zoning codes and land use restrictions. In addition, most of the corridor crosses undeveloped or agricultural land. Approximately half of the SKF Transmission Line will be located within existing transmission line rights-of-way. The majority of the remaining corridor is located adjacent to existing or proposed linear facilities.

13. With regard to the potential impacts to the environment from the location of the corridor and the construction and maintenance of the SKF Transmission Line, DER, SJRWMD, DNR, and the GFWFC have proposed the Conditions of Certification shown in Appendix C. The Applicants' adherence to these Conditions of Certification in the design, construction, and maintenance of the SKF Transmission Line will ensure compliance with the nonprocedural standards of each agency.

    
    

14. Given the above considerations and available information, the proposed SKF Transmission Line effects a reasonable balance between the need for the transmission line and the impacts upon the public and the environment from the location of the corridor, and the construction and maintenance of the transmission line.

    
    

    Burial of the Transmission Line

    
    

15. Insufficient evidence was presented to support the proposal that portions of the SKF Transmission Line be placed underground. Specifically, burial may or may not obviate magnetic field effects associated with the transmission line. Further, no evidence was presented on whether placement of the proposed transmission line underground would comply with the nonprocedural requirements of agencies. The absence of an adequate record foundation in support of the burial of the transmission line prevents a finding that the proposed transmission line be placed underground.

    
    

    RULINGS ON OBJECTIONS

    
    

16. The Applicants were granted standing objections to the introduction of certain evidence at the public portion of the certification hearing. Each objection was, in general, made to the relevancy of the evidence sought to be admitted. While the evidentiary rules are somewhat relaxed for administrative hearings conducted pursuant to Section 120.57, Florida Statutes, evidence must still be relevant to be admissible in these proceedings. Section 120.58(1)(a), Fla. Stat.

    
    

17. Evidence is only relevant if it tends to prove or disprove a material fact. Section 90.403, Fla. Stat. (1989). As discussed in more detail below, the evidence which was the subject of Applicants' objections related to material matters in this proceeding; primarily whether the transmission line need is susceptible to the "reasonable balance" test required by Section 403.529(4)(e), Fla. Stat.

    
    

18. The TLSA grants the Siting Board the authority to make two types of changes to an applicant's transmission line and corridor proposal. First, when an alternate corridor is properly proposed and supported at the certification hearing, the Siting Board may certify the alternate corridor if it has less adverse impacts than the proposed corridor. Section 403.529(5) Fla. Stat. (Supp. 1990). In this proceeding no party proposed an alternate corridor.

    
    

19. The second change the Siting Board may make to a transmission line and corridor is to impose a condition of certification. Section 403.529(1) Fla. Stat. (Supp. 1990). The Siting Board may condition certification of a corridor in order to "[e]ffect a reasonable balance" as required by Section 403.529(4)(e), Fla. Stat. (Supp. 1990). In this case, the direct admissible evidence does not support recommendation of a certification requirement that the transmission line be buried. However, this does not negate the relevancy of that evidence presented at the public hearing to which applicants object.

20. Accordingly, the Applicant's objection to the introduction of evidence regarding the placement of the proposed transmission line underground on the grounds of relevancy is denied.

    
    

21. DER has the exclusive jurisdiction to regulate EMF from transmission lines to reasonably protect the health and welfare of the public. Section 403.061(30), Fla. Stat. (Supp. 1990). In the exercise of that jurisdiction, DER has adopted Chapter 17-274, Florida Administrative Code, which sets specific numerical limits for the electric and magnetic fields associated with transmission lines such as the SKF Transmission Line. The issue in this proceeding, therefore, is whether the Applicants' proposed transmission line will comply with those standards. The admission of evidence concerning whether those standards have been met does not constitute, contrary to the applicants' argument, a collateral attack on DER's rules regulating electric and magnetic fields.

    
    

    Objection to Evidence Regarding Property Values and Aesthetics

    
    

22. As previously discussed, evidence is only relevant if it goes to prove or disprove a fact at issue in a proceeding. In licensing proceedings, the facts at issue are whether the applicant has complied with an agency's specific regulatory requirements. See Florida Dep't of Transp. v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). The TLSA provides the procedural mechanism for the coordinated consideration of numerous agencies' regulatory requirements within one proceeding. However, the TLSA does not authorize any new substantive regulatory requirements with which an applicant must show compliance. 1/ Therefore, the facts at issue in this proceeding must be based on the nonprocedural requirements of agencies with regulatory authority over the proposed transmission line. In this case, there is no applicable agency regulatory requirement addressing compliance with aesthetic or property value standards.

    
    

23. Accordingly, the Applicant's objection to the introduction of evidence regarding aesthetics and property values on the grounds of relevancy is granted.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Siting Board enter a Final Order approving SECI's and JEA's Seminole Plant-Keystone-JEA-Firestone 230 kV Transmission Line Application for Corridor Certification subject to the Conditions of Certification as set forth in Appendix C to this Recommended Order.

RECOMMENDED this 30th day of April, 1991, in Tallahassee, Florida.

Don W. Davis, Hearing Officer Division of Administrative Hearings DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this

30th day of April, 1991.

ENDNOTES

1/ The only exception to this is the grant of authority to DER to regulate electric and magnetic fields associated with transmission lines certified under the TLSA to reasonably protect the public health and welfare. Section 403.523(10), Fla. Stat. (Supp. 1990).

COPIES FURNISHED:

Honorable Lawton Chiles Governor, State of Florida The Capitol

Tallahassee, FL 32399

Honorable Robert A. Butterworth Attorney General

The Capitol

Tallahassee, FL 32399-1050

Honorable Bob Crawford Commissioner of Agriculture The Capitol

Tallahassee, FL 32399-0810

Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, FL 32399

Honorable Jim Smith Secretary of State The Capitol

Tallahassee, FL 32399-0250

Honorable Tom Gallagher

Treasurer and Insurance Commissioner The Capitol

Tallahassee, FL 32399-0300

Honorable Gerald A. Lewis Comptroller, State of Florida The Capitol

Tallahassee, FL 32399-0250

Mr. Joseph M. Norton

Transmission Line Siting Coordinator State of Florida Department of

Environmental Regulation Twin Tower Office Building

2600 Blair Stone Road, Room 309-I Tallahassee, Florida 32399-2400

Richard T. Donelan, Jr., Esquire State of Florida Department of

Environmental Regulation Twin Tower Office Building

2600 Blair Stone Road, Room 654

Tallahassee, Florida 32399-2400

Jeremy Tyler, Env. Administrator Northeast District DER

Suite B-200

7825 Baymeadows Road

Jacksonville, Florida 32256-7577

Ernest E. Frey

Deputy Assistant Secretary Northeast District DER Suite B-200

7825 Baymeadows Road

Jacksonville, Florida 32256-7577

James Dean

Division of Electric and Gas Florida Public Service Commission

101 East Gaines Street Tallahassee, Florida 32399-0868

Michael Palecki, Esquire

Florida Public Service Commission

101 East Gaines Street Tallahassee, Florida 32399-0868

David Arnold

Department of Natural Resources 3900 Commonwealth Boulevard

Tallahassee, Florida 32399

Craig Parenteau Environmental Specialist Florida Park Service District 3 Administration 4801 SE 17th Street Gainesville, Florida 32601

Percy W. Mallison

Department of Natural Resources 3900 Commonwealth Boulevard Room 508-D

Tallahassee, Florida 32399-3000

Fran Mainella

Department of Natural Resources 3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Kenneth Plante, Esquire Department of Natural Resources 3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Paul Darst

Department of Community Affairs 2740 Centerview Drive

Tallahassee, Florida 32399-2100

Katherine Funchess, Esquire Department of Community Affairs 2740 Centerview Drive

Tallahassee, Florida 32399-2100

Tom Beck

Department of Community Affairs 2740 Centerview Drive

Tallahassee, Florida 32399-2100

Doug Bailey

Florida Game and Freshwater Fish Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600

Col. Robert M. Brantly Executive Director

Florida Game and Freshwater Fish Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600

James V. Antista, Esquire Kenneth McLaughlin, Esquire

Florida Game and Freshwater Fish Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600

Kathryn Mennella, Esquire

Saint Johns River Water Management District Post Office Box 1429

Palatka, Florida 32178-1429

Mike Brown, Chief DRI Review

Northeast Florida Regional Planning Council 9143 Phillips Highway Suite 350

Jacksonville, Florida 32256

Brian Teeple Executive Director

Northeast Florida Regional Planning Council 8649 Baypine Road, Suite 110

Jacksonville, Florida 32216

Linda Shelley, Esquire Dixon, Blanton, and Shelley

P. O. Box 12808 Tallahassee, Florida 32317

Doug Anderson

County Administrator Post Office Box 1366

Green Cove Springs, Florida 32043

Mark Scruby, Esquire County Attorney

P. O. Box 1366

Green Cove Springs, Florida 32043

Clay County Public Library Headquarters Attn: Arnold Weeks

P. O. Box 248

Green Cove Springs, Florida 32043

James Lee

Division of Planning & Zoning County of Putnam

P. O. Drawer 1486 Palatka, Florida 32178

Putnam County Public Library System Attn: Jo Waterhouse

216 Reid Street

Palatka, Florida 32177-3790

The Main Library (Hayden Burns) Steve Ludwig

122 North Ocean Street Jacksonville, Florida 32202

Theresa Matchett, Esquire Office of General Council Room 1300 City Hall

220 East Bay Street Jacksonville, Florida 32202

Lloyd Green, Chairman City of Keystone Heights

P. O. Box 336

Keystone Heights, Florida 32656

Darla Christopher, Esquire

City Attorney, Keystone Heights

P. O. Drawer 40 Starke, Florida 32091

George W. Percy, Director Attn: Compliance Review Department of State

Division of Historical Resources Bureau of Historic Preservation

R.A. Gray Building

500 South Bronough Street Tallahassee, Florida 32399-0250

Kenneth N. Morefield

State Transportation Engineer Department of Transportation 605 Suwannee Street MS-57

Tallahassee, Florida 32399-0458

Bruce A. Campbell, Esquire Senior Trial Attorney Department of Transportation 605 Suwannee Street

Haydon Burns Building, MS-58 Tallahassee, Florida 32399-0458

Lt. Col. Kent R. Petelle Training Site Manager-HQ Armory Board-Camp Blanding Rt. 1 Box 465

Starke, Florida 32091-9703

Harold K. Mikell Division of Forestry

Department of Agriculture and Consumer Services

Collins Building

Tallahassee, Florida 32399-0800

James B. Jett Chairman

Board of County Commissioners Post Office Box 1366

Green Cove Springs, Florida 32043

W. Ray Newton Division of Planning

Jacksonville Planning Department

128 E. Forsythe Street, Suite 700 Jacksonville, Florida 32202

Ronald Clark, Esquire Putnam County Attorney

401 St. Johns Avenue Palatka, Florida 32177

Phyllis Slater, Esquire Acting General Council Department of State Room 1801, The Capitol

Tallahassee, Florida 32399

Carolyn Raepple, Esquire Richard W. Moore, Esquire Post Office Box 6526 Tallahassee, Florida 32314

Mr. Archie Green, Chairman

c/o Keystone Heights City Hall Post Office Box 336

Keystone Heights, Florida 32656

Jeffrey M. Leukel, Esquire John D. Middleton, P.A. Route 2, Box 3050

Melrose, Florida 32666

Eugene E. McClellan, Jr. Office of the General Counsel 3900 Commonwealth Boulevard

MS #35

Tallahassee, Florida 32399

Leslie McLeod, Jr., Esquire Office of General Counsel Room 511, Mayo Building

Tallahassee, Florida 32399-0800

Richard B. Davis, Jr., Esquire

408 W. University Avenue, #601 Gainesville, Florida 32601

Robert S. Yerkes, Esquire 1550 First Union Bank Tower Jacksonville, Florida 32202

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.

Docket for Case No: 90-005799TL

Orders for Case No: 90-005799TL