STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA POWER CORPORATION, ) TIGER BAY COGENERATION FACILITY ) POWER PLANT SITING APPLICATION )
PA 97-36, )
)
Petitioner, )
)
vs. ) Case No. 97-4488EPP
)
STATE OF FLORIDA, DEPARTMENT )
OF ENVIRONMENTAL PROTECTION, )
)
Respondent. )
)
FINAL ORDER
Pursuant to notice, this cause came on for formal proceeding before P. Michael Ruff, duly designated Administrative Law Judge of the Division of Administrative Hearings, on February 18, 1998. The hearing was conducted in Fort Meade, Florida.
APPEARANCES
For Petitioner: Douglas S. Roberts, Esquire
Hopping, Green, Sams, and Smith, P.A.
Post Office Box 6526 Tallahassee, Florida 32314
For Respondent: Scott A. Goorland, Esquire
Department of Environmental Protection Twin Tower Office Building
2600 Blair Stone Road Tallahassee, Florida 32399-2400
STATEMENT OF THE ISSUE
The principal issue to be resolved in this proceeding concerns whether certification should be issued to Florida Power
Corporation (FPC) for approval to operate a nominal 269 megawatt (MW) combined-cycle generating unit located at FPC's Tiger Bay Cogeneration Facility west of Ft. Meade, Florida, in accordance with the provisions of Section 403.501(2), Florida Statutes.
The second issue to be resolved in this consolidated proceeding is whether the site of the Tiger Bay Cogeneration Facility is in compliance and consistent with the applicable land use plans and zoning ordinances of Polk County, pursuant to Section 403.508(2), Florida Statutes.
PRELIMINARY STATEMENT
This proceeding was held pursuant to the Florida Electrical Power Plant Siting Act (PPSA), Chapter 403, Part II, Florida Statutes, and Chapter 62-17, Florida Administrative Code, to consider FPC's application for power plant site certification of the Tiger Bay Cogeneration Facility.
On September 15, 1997, Florida Power Corporation filed it application for site certification with the Florida Department of Environmental Protection. On November 18, 1997, the Florida Public Service Commission issued a determination of need for the Tiger Bay Cogeneration Facility and its incremental generating capacity.
By consent of the parties, the certification hearing and the land use hearing under Section 403.508(2), Florida Statutes, were consolidated for purposes of this hearing and entry of final orders. On January 5, 1998, the Florida Department of
Environmental Protection issued its written analysis, pursuant to Section 403.507(4), Florida Statutes. DEP's written analysis contained reports from other agencies and proposed Conditions of Certification for the Tiger Bay Cogeneration Facility.
On February 13, 1998, the parties filed a prehearing stipulation in this matter, listing witnesses and exhibits and resolving other prehearing matters.
After proper notice, a consolidated land use and certification hearing was held before the undersigned Administrative Law Judge in Ft. Meade, Florida, on February 18, 1998, as required by Section 403.508(3), Florida Statutes. The hearing was conducted for the purpose of receiving evidence as to whether the project is in compliance with the criteria for certification in Section 403.502, Florida Statutes. The hearing also served as the land use hearing under Section 403.508(2), Florida Statutes.
FPC presented the testimony of three witnesses and 13 exhibits were admitted into evidence. The Florida Department of Environmental Protection presented the testimony of Steven Palmer of the DEP Siting Coordination Office and had four exhibits admitted into evidence. No other agency or party appeared at the hearing. No members of the general public testified at the time designated for receiving the public comment.
Following the conclusion of taking evidence, a transcript of the hearing was filed. Proposed Recommended Orders of the
parties were timely submitted and have been considered in the rendition of this Recommended Order.
FINDINGS OF FACT
Florida Power Corporation is an investor-owned utility that provides electric service to more than 1.2 million customers in its Florida service area. Tiger Bay Limited Partnership completed the construction of the Tiger Bay Cogeneration Facility in late 1994. FPC entered into a power purchase agreement to purchase the power provided by the Tiger Bay Facility. On January 20, 1997, FPC agreed to purchase the Tiger Bay Facility from the Tiger Bay Limited Partnership. FPC now operates the Tiger Bay Plant as one of its electric generating facilities.
The Tiger Bay Cogeneration Facility is an existing combined-cycle electrical generating plant which has been in operation since January 1995. The Facility consists of a combustion turbine (CT) and a steam turbine generator, that is currently limited to generating no more than 74.9 megawatts (MW) of electricity. The steam turbine has been specifically operated to produce no more than 74.9 MW. Therefore, the Plant was not subject to the Power Plant Siting Act. However, FPC has determined that the generating capacity of the steam turbine is nominally 10-15 MW greater than the capacity currently being used at the Plant.
The Tiger Bay Facility is currently operating under separate environmental and other permits and approvals issued by FDEP, the Southwest Florida Water Management District (SWFWMD), Polk County and other agencies. The Tiger Bay Facility has been
operated in compliance with those permits and approval, and no violations of those permits have occurred since the Plant began operation. By this certification application, FPC is seeking to consolidate the current permits and approvals for the Tiger Bay Facility into a single PPSA certification to authorize the use of the Plant's incremental steam-electric generating capacity.
FPC proposes to utilize the additional steam-electric generating capacity in the steam turbine which would increase the generating capacity above the 75 MW threshold of the Power Plant Siting Act. Therefore, certification under the PPSA is required before FPC can obtain the additional electricity from the Plant. No physical changes to the facility or new construction are required to obtain the additional electricity. Only a minor operational change in the steam turbine controls is required to produce the incremental electricity through more efficient utilization of the steam.
The Tiger Bay Facility is located on a 6.2 acre tract of land that is leased from the U. S. Agri-Chemical (USAC),
Ft. Meade Chemical Complex. The lease extends until 2025 and may be renewed for an additional 25 years. The project's site boundaries will not be expanded to obtain the additional electrical generation. The site is located in southwest Polk County, Florida, approximately 3 miles west of Ft. Meade. The site is bounded on the north by S. R. 630. The project site is
in the unincorporated area of Polk County. Ft. Meade is the only local government within a 5-mile radius of the Facility.
The area surrounding the Tiger Bay Facility has been dominated by phosphate mining operations. Most of the land within a 5-mile radius of the Plant consists of active phosphate mining, reclaimed mine land, and lands in various stages of reclamation. Other land uses in the area include pasture land and citrus groves, along with limited residential, commercial and industrial uses. The nearest residence is over one mile from the project site. Land use in this area of Polk County is in transition as the phosphate industry completes mining phosphate deposits in the County.
The Tiger Bay Plant site contains no significant environmental features. No wetlands, trees, shrubs or listed species or habitats exist within the site. Site vegetation consisted of ruderal and grassy communities prior to development for this project. No jurisdictional natural wetlands exist on the project site. No archaeological or historical sites were found on the project site when developed for this facility.
The Tiger Bay Cogeneration Facility consists of one combustion turbine and electric generating unit, and one heat recovery steam generator (HRSG) and one steam turbine generator. In the CT, compressed air and fuel are ignited to provide energy to the air as it passes through the expansion section of the CT. The CT drives an electrical generator which has a nominal
electrical output of 184 MS. Exhaust gases from the combustion turbine are then routed to the HRSG where water is boiled into steam. The steam from the HRSG powers a steam turbine which drives a second electrical generator, which will now generate
85.5 MW (nominal) of electricity. As a Cogeneration facility, the Tiger Bay Plant also exports up to 75,000 pounds per hour of low-pressure steam to the adjacent USAC Plant for use in its processes. This steam is extracted from the steam turbine part way through the steam electric generation process.
The combined cycle facility is fired primarily with natural gas, with fuel oil as a backup fuel. Natural gas is supplied by a pipeline connected to the Florida Gas Transmission System. Oil will be stored in an onsite tank.
The increase in steam generating capacity will be obtained by more efficient use of the steam that is already being produced in the HRSG. Currently, the steam is not fully utilized because its pressure is throttled by an internal control valve. To obtain the additional steam-generated electricity, the controls on this valve will be adjusted to increase the volume and pressure of the steam passing through the steam turbine.
This increased steam pressure will generate additional electricity in the steam turbine generator. However, no physical modifications to the Tiger Bay Facility are required to obtain this additional steam generating capacity. Further, no increase in fuel use is required to obtain this additional capacity, and
no increase in air emissions will result. All of the air emissions form the Facility are associated with the operation of the combustion turbine, which operates independently from the heat recovery steam generator.
The main plant cooling-system begins with a steam condenser which cools the steam exhausted from the steam turbine. Heated cooling water is circulated to the on-site cooling tower where it is sprayed within the cooling tower to release the heat to the atmosphere. Fans at the top of the tower pull air into the tower in the opposite direction to the falling water. Cooled water collects in the bottom of the cooling tower and its returned back to the steam condenser. Approximately five percent of the cooling-water is lost in the cooling tower through evaporation and through drift, or water entrained in the air flowing through the tower. Two deep wells on site supply the makeup water for the cooling-water system.
The other on-site water use is the potable water system, permitted for up to 1,000 gallons per day. Water is piped from an on-site well, filtered, and treated in a chlorinator before being distributed for use in the Plant.
Wastewaters from the Plant consist of blowdown, or water withdrawn from the cooling tower and the heat recovery steam generator. This blowdown is necessary to prevent a buildup of dissolved solids in the waters from scaling in the circulating water system. Process wastewater and stormwater that contacts
industrial processes are collected and recycled or routed to the adjacent USAC Plant where the wastewater is used in the phosphate production process. The Tiger Bay Facility has no off-site discharges of wastewater to either surface water or groundwater. The Facility also includes a back-up zero liquid discharge unit, which treats cooling-tower blowdown and process waters to remove the solids. The recovered high-quality water is recycled back into the Plant's process water stream.
Domestic wastewater is treated and disposed on site through a septic tank system.
Solid wastes that are generated at the Plant are typical of those associated with a light industrial facility. These wastes are re-cycled or re-used as much as possible. Solid wastes not re-cycled are picked up and disposed of in the Polk County landfill. The back-up zero liquid discharge system, when operational, produces a filter cake as result of drying the wastewater discharge. The non-hazardous material is also sent to the Polk County landfill for disposal.
Electricity generated at the Plant is distributed from an on-site switchyard into the Florida Power Corporation transmission system. No changes to this transmission system are required for the additional electricity to be produced.
Project Impacts:
The Tiger Bay site is located in an area classified by FDEP as in "attainment" of all criteria air pollutants. The area
is designated as Class II from a "prevention of significant deterioration" standpoint. The nearest Class I air-quality area is over 100 km to the northwest of the project site.
The Tiger Bay Cogeneration Facility operates under an existing FDEP-issued Prevention of Significant Deterioration (PSD) permit. Nitrogen oxide (NOX) emissions are controlled with the use of low NOX burners when using natural gas, and with steam or water injection when firing oil. Particulate matter (PM) emissions are controlled through the use of clean fuels and combustion controls. Carbon monoxide and volatile organic compound emissions are also controlled through good combustion practices. Emissions of sulfur dioxide and metals, such as lead, mercury, beryllium and arsenic, are controlled through the use of clean fuels. PSD increments and ambient air-quality standards will be protected when the facility is being operated.
The operation of the Plant at its increased steam generating capacity of 85.5 MW will not require any changes or additions to the facility. No increase in environmental impacts will result from the 10-15 MW (nominal) increase in steam generating capacity. The Plant will continue to operate within the currently permitted quantities of water for the facility, under the existing SWFWMD consumptive use permit.
The project will not result in an increase in project- related traffic. The project also will not result in an increase in noise levels at the Plant site.
The benefits of the project are that additional electricity is obtained without increasing either fuel use or environmental impacts from the Tiger Bay Plant. These "free megawatts" result from enhancing the efficiency of the Tiger Bay Plant, resulting in savings to FPC's customers. The project also conserves energy by using the additional existing generating capacity without increasing fuel use in the Plant.
Consistency with Local Land-Use Plans and Zoning Ordinances:
The Tiger Bay Cogeneration Facility is located in a future land-use classification of "PM" or phosphate mining on the Polk County future land-use map. Electrical power plants like the Tiger Bay Cogeneration Facility are permitted in that land- use category. The project site is zoned by Polk County as "RC" or rural conservation, which allows electric power generating facilities as a conditional use in that zoning district. Polk County issued a conditional use permit and site approval for the Tiger Bay Cogeneration Facility on November 20, 1992.
The continued operation of the Tiger Bay Plant with its increased electrical output under site certification will be consistent with the land-use and zoning designations for the project site as well as the conditional use permit since there will be no physical changes made to the facility. The Polk County development approvals for the Tiger Bay Facility were consistent with the Comprehensive Plan in effect at the time the approvals were granted. Further amendments to the Polk County
Comprehensive Plan are not retroactively applied to projects once they have received necessary development approvals.
Agency Positions and Stipulations:
The DEP, the Florida Department of Community Affairs (DCA), the Florida Game and Freshwater Fish Commission (FG&FWFC), the Southwest Florida Water Management District (SWFWMD), the Florida Department of Transportation (FDOT), and Polk County each prepared written reports on the Project, and all recommended approval of the Tiger Bay Cogeneration Project. The DCA determined the project, if certified, would be consistent and on balance with the state comprehensive plan. In its report, Polk County indicated that no changes to zoning at the project site were required as a result of certification of the project. Polk County also determined that the Facility would still meet the conditions of the County's original conditional use permit for the project and no further actions would be required by the Applicant. The Central Florida Regional Planning Council did not submit a report to the Department of Environmental Protection as part of its review of the project. No state, regional or local agency has recommended denial of certification. The recommended Conditions of Certification incorporate the existing permits for the Facility.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this
proceeding. See Chapter 403, Part II, Florida Statutes, the Florida Electrical Power Plant Siting Act.
In accordance with Chapters 120 and 403, Florida Statutes, and Chapter 62-17, Florida Administrative Code, proper notice was accorded all persons, entities, and parties entitled thereto, as well as notice being provided to the general public. All necessary and required governmental agencies participated in the certification process. Reports and studies were issued by DEP, DCA, SWFWMD, Polk County, FG&FWFC, and FDOT, in accordance with their various statutory duties.
The Florida Public Service Commission has certified the need for the electrical generating facility to be supplied by the Tiger Bay Cogeneration Facility as required by
Sections 403.508(3) and .519, Florida Statutes.
Un-rebutted evidence received at hearing demonstrates that the site of the Tiger Bay Cogeneration Facility is consistent and in compliance with the land-use plans and zoning ordinances of Polk County, Florida.
Competent, substantial evidence produced by Florida Power Corporation at the certification hearing demonstrates that FPC has met its burden of proving that the Tiger Bay Cogeneration Facility is entitled to the certification. Competent, substantial evidence produced at the hearing demonstrates that the construction and operational safeguards for the Tiger Bay Cogeneration Facility are technically sufficient for the welfare
and protection of the citizens of Florida and are reasonable and available methods to achieve that protection. The Tiger Bay Cogeneration Facility, with its increased electrical output, 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. The Tiger Bay Facility will not conflict with the goals established by the applicable local comprehensive plan of Polk County. The Tiger Bay Cogeneration Facility, if operated and maintained in accordance with this Recommended Order and the recommended Conditions of Certification from the Florida Department of Environmental Protection, will comply with the applicable, non-procedural requirements of all agencies. Certification of the project will fully balance the demand for electrical power plant location and operation with the broad interests of the public.
Having considered the foregoing Findings of Fact, Conclusions of Law, the Evidence of Record, and the pleadings and argument of the parties, it is,
RECOMMENDED that:
Florida Power Corporation be granted final certification, pursuant to Chapter 403, Part II, Florida Statutes, for the location and continued operation of the existing Tiger Bay Cogeneration Facility and its increased steam- electric generation capacity, as proposed in the Site
Certification Application, and subject to the Conditions of Certification attached hereto; and
The Siting Board find that the site of the Tiger Bay Cogeneration Facility, as described in the Site Certification Application, is consistent and in compliance with the existing land-use plans and zoning ordinances of Polk County, as they apply to the site, pursuant to Section 403.508(2), Florida Statutes.
DONE AND ENTERED this 30th day of April, 1998, in Tallahassee, Leon County, Florida.
P. MICHAEL RUFF Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 1998.
COPIES FURNISHED:
Scott A. Goorland, Esquire
Department of Environmental Protection Twin Tower Office Building
2600 Blair Stone Road Tallahassee, Florida 32399-2400
Doug Roberts, Esquire Hopping, Green, Sams
and Smith, P.A. Post Office Box 6526
Tallahassee, Florida 32314-6526
Charles T. Collette, Esquire Department of Environmental Protection
3900 Commonwealth Boulevard, Mail Station 35
Tallahassee, Florida 32399-3000
Robert V. Elias, Esquire Division of Legal Services
Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850
James V. Antista, Esquire
Game and Fresh Water Fish Commission Bryant Building
620 South Meridian Street Tallahassee, Florida 32399-1600
Andrew S. Grayson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Suite 315
Tallahassee, Florida 32399-2100
Earl Peterson, Director Division of Forestry Department of Agriculture
and Consumer Services 3125 Conner Boulevard, C-19
Tallahassee, Florida 32399-1650
Hamilton Oven, Administrator Office of Siting Coordination
Department of Environmental Protection 2600 Blair Stone Boulevard
Mail Station 48
Tallahassee, Florida 32399-2400
Brian Sodt
Central Florida Regional Planning Council
555 East Church Street Bartow, Florida 33830
Mary Miller, Esquire Department of Transportation 605 Suwannee Street
Tallahassee, Florida 32399-0458
George W. Perry, Director Director of Historical Resources
Archives and History
R. A. Gray Building
500 South Bronough Street Tallahassee, Florida 32399
Pepe Menendez, P.E. Department of Health Environmental Health Services 1317 Winewood Boulevard
Tallahassee, Florida 32399-0070
Rich Tshantz, Esquire Southwest Florida Water
Management District 2379 Broad Street
Brooksville, Florida 34609-6899
Merle Bishop
Polk County Florida Post Office Box 60 Bartow, Florida 33830
W. Jeffrey Pardue
Florida Power Corporation Post Office Box 14042
MAC H2G
St. Petersburg, Florida 33733
Doug Roberts, Esquire Hopping, Green, Sams
and Smith, P.A. Post Office Box 6526
Tallahassee, Florida 32314-6526
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a notice of appeal with the Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
| Issue Date | Proceedings |
|---|---|
| Jun. 26, 1998 | Final Order Approving Certification filed. |
| Apr. 30, 1998 | Recommended Order sent out. CASE CLOSED. Hearing held 02/18/98. |
| Mar. 19, 1998 | Florida Power Corporation`s and Florida Department of Environmental Protection`s Joint Proposed Recommended Order on Land Use and Certification; Disk ; Cover Letter filed. |
| Mar. 19, 1998 | Florida Power Corporation`s and Florida Department of Environmental Protection`s Notice of Filing Joint Proposed Recommended Order filed. |
| Mar. 05, 1998 | Transcript w/exhibits filed. |
| Feb. 13, 1998 | Florida Power Corp. Tiger Bay Cogeneration Project: Power Plant Site Certification Proceeding filed. |
| Jan. 15, 1998 | Staff Analysis Report filed. |
| Jan. 05, 1998 | Department of Environmental Protection`s Notice of Filing of Witness List (filed via facisimile) filed. |
| Jan. 05, 1998 | Florida Power Corp.`s Preliminary List of Witnesses filed. |
| Nov. 13, 1997 | Letter to W. Pardue from S. Palmer re: insufficient application; attaching Issues of Insufficiency filed. |
| Nov. 12, 1997 | Order sent out. (re: discovery schedule adopted) |
| Nov. 10, 1997 | Joint Motion for Establishment of Discovery Schedule filed. |
| Nov. 04, 1997 | Order sent out. (hearing set for 2/18/98; 10:30am; Fort Meade) |
| Oct. 31, 1997 | Department of Transportation`s Notice of Intent to Be a Party filed. |
| Oct. 21, 1997 | Order sent out. (parties to file agreeable hearing dates within 7 days & information concerning a discovery schedule) |
| Oct. 20, 1997 | Department of Environmental Protection`s Notice of Filing of Proposed Siting Certification Application Schedule; Fl. Power Corp. Tiger Bay Electric Power Plant Site Certification Application Schedule filed. |
| Oct. 14, 1997 | Letter to PMR from G. Percy Re: Initial order filed. |
| Sep. 30, 1997 | Initial Order issued. |
| Sep. 26, 1997 | Notice of Receipt of Power Plant Siting Application and Request for Assignment of Administrative Law Judge filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 25, 1998 | Agency Final Order | |
| Apr. 30, 1998 | Recommended Order | Petitioner showed that all requirements of Sections 403.501-403.518, Florida Statutes would be met by operation of power plant, as opposed to be modified. Certification should be granted. |
