STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: DUKE ENERGY NEW SMYRNA ) BEACH POWER CO., LTD., L.L.P., and )
UTILITIES COMMISSION, CITY OF ) Case No. 98-4570EPP NEW SMYRNA BEACH. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge, Don W. Davis, held a formal hearing in the above-styled case on January 27, 1999, in New Smyrna Beach, Florida.
APPEARANCES
For Petitioner Duke Energy New Smyrna Beach Power Co. Ltd., L.L.P.:
David S. Dee, Esquire Landers and Parsons
310 West College Avenue Tallahassee, Florida 32301
For the Department of Environmental Protection:
Scott A. Goorland, Esquire
Department of Environmental Protection Mail Station 35
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 STATEMENT OF THE ISSUES
Pursuant to Section 403.508(2), Florida Statutes, the issue for determination in this case is whether the site for the Petitioners' proposed electrical power plant "is consistent and in compliance with existing land use plans and zoning ordinances."
PRELIMINARY STATEMENT
On October 5, 1998, Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P. ("Duke"), and the Utilities Commission, City of New Smyrna Beach ("UCCNSB") (collectively referred to herein as "Duke/UCCNSB"), jointly filed an application with the Department of Environmental Protection ("DEP") for authorization to construct and operate a 500 megawatt (nominal) natural gas- fired, electrical power plant on a site located in the City of New Smyrna Beach, Florida. Duke/UCCNSB's application is subject to the requirements of the Florida Electrical Power Plant siting Act ("PPSA"), Sections 403.501-.518, Florida Statutes. In compliance with Section 403.508(1), Florida Statutes, a land use hearing ("the Land Use Hearing") was scheduled in this case for January 27, 1999.
On January 22, 1999, a "Prehearing Stipulation for Land Use Hearing" ("Prehearing Stipulation") was filed by Duke/UCCNSB, DEP, the Florida Public Service Commission, the Florida Department of Transportation, the St. Johns River Water Management District, the Florida Game and Fresh Water Fish Commission, the East Central Florida Regional Planning Council, Volusia County and the City of New Smyrna Beach. In the Prehearing Stipulation, all of the signatories either agreed with or did not object to the Petitioners' assertion that the site of the proposed project is consistent and in compliance with existing land use plans and zoning ordinances.
At the Land Use Hearing, Duke/UCCNSB called for four witnesses: Ronald Vaden (Utilities Director for UCCNSB); Michael
Green (accepted as an expert regarding electrical power plants and the electric power industry): Jeffrey Meling (accepted as an expert in environmental engineering, including the environmental impacts of electrical power plants and the permits required for electrical power plants); and Thomas Harowski (accepted as an expert regarding zoning and land use issues). Duke/UCCNSB introduced exhibits 1-31 into evidence without objection.
No-one contested the evidence presented by Duke/UCCNSB.
None of the signatories to the Prehearing Stipulation participated at the Land Use Hearing, except Duke/UCCNSB and DEP. Except for Duke, the parties to this proceeding did not call any witnesses or proffer any exhibits. No one from the public testified or proffered any exhibits at the Land Use Hearing.
The transcript of the Land Use Hearing was filed with the Division of Administrative Hearings on February 10, 1999, and the parties were allowed 14 days to submit proposed recommended orders. Duke/UCCNSB and DEP timely filed a joint proposed recommended order on February 24, 1999. No other party filed a proposed recommended order.
Based on all of the evidence of record, the following findings of fact are determined:
FINDINGS OF FACT
The Applicants/Petitioners
Duke Energy New Smyrna Beach Power Company Ltd., L.L.P., intends to construct, own, and operate a new electrical power plant in the City of New Smyrna Beach, Florida. The Utilities Commission, City of New Smyrna Beach, has signed a "Participation Agreement", which entitles the Utilities Commission to purchase
30 megawatts ("MW") of the electricity produced at the proposed power plant. Given their mutual interests, Duke/UCCNSB jointly filed an application under the PPSA for the proposed power plant, which is known as the New Smyrna Beach Power Project ("Project").
Public Notice of the Land Use Hearing
On October 29, 1998, Duke/UCCNSB filed a "Notice of Land Use and Certification Hearings" at the Division of Administrative Hearings and served a copy of this notice on all of the parties to this proceeding. The notice stated that the Land Use Hearing would be conducted on January 27, 1999.
On December 4, 1998, Duke/UCCNSB served all of the parties of record with a "Notice of Land Use and Zoning Hearing for Proposed Electrical Power Plant" ("the Newspaper Notice").
On December 7, 1998, UCCNSB posted a copy of the Newspaper Notice at the site of the New Smyrna Beach Power Project.
On December 10, 1998, Duke/UCCNSB published the "Newspaper Notice" in the News-Journal, which is a newspaper published in Daytona Beach, Volusia County, Florida.
On December 11, 1998, Duke/UCCNSB published the "Newspaper Notice" in the Seminole Herald, which is a newspaper published in Sanford, Seminole County, Florida.
On December 11, 1998, the Department published notice of the Land Use Hearing in the Florida Administrative Weekly.
On December 12, 1998, Duke/UCCNSB published the "Newspaper Notice" in the Lake Sentinel.
On January 20, 1999, Duke/UCCNSB filed "Duke/UCCNSB's Notice for Land Use Hearing" ("the Composite Notice") with the Division of Administrative Hearings. The Composite Notice also was served on the parties to this proceeding on January 20, 1999. The Composite Notice contained proof of publication of the Newspaper Notice and other evidence that the notices described in paragraphs 4 through 8 above, had been provided in compliance with the PPSA.
The public notices for the Land Use Hearing satisfy the informational and other requirements set forth in Section 403.5115, Florida Statutes, and Rule 62-17.151(4), Florida Administrative Code.
No party to this proceeding or member of the public has alleged that the public notices for the Land Use Hearing were not timely sufficient.
The Site for the New Smyrna Beach Power Project
The site ("Site") for the New Smyrna Beach Power Project is located approximately 5 miles west of downtown New Smyrna Beach. The site is approximately 0.5 miles northwest of the intersection of State Road ("SR") 44 and Interstate 95
("I-95").
The site and nearby areas are primarily rural and undeveloped. Most of the site is covered with pine trees and palmettos, but the site also includes an existing electrical substation that is owned and operated by the UCCNSB. The site is bisected by an existing electrical transmission line corridor that is approximately 170 feet in width.
Adjacent to the north side of the site is a 6.0 million-gallon-per-day (MGD) wastewater treatment plant ("WWTP") that the UCCNSB currently is constructing. East of the site is a borrow pit, undeveloped land, and I-95. South of the site is undeveloped land and SR 44. West of the site is undeveloped land.
The nearest commercial development is a gasoline service station, which is located at the intersection of SR 44 and I-95. The gas station is approximately 1/4 miles from the site boundary and 1/2 miles from the proposed power plant. There are no other businesses located near the site.
The nearest residence is more than 3000 feet east of the site, on the opposite side (i.e., the east side) of I-95.
Interstate 95 will provide a significant buffer between the site and this home.
There are no sensitive human receptors, such as hospitals or schools, near the site.
There are no sensitive natural resources, scenic or cultural lands, or archaeological or historic resources on the site. There are several wetlands on the site, but there are no lakes, rivers, or other surface waters. The nearest significant environmental resources are: (a) the Indian River, which is approximately 5 miles to the east; (b) Spruce Creek, which is approximately 4 to 5 miles away; and (c) a wildlife corridor, which is approximately 3/4 miles to the west.
Description of the Proposed Project
The New Smyrna Beach Power Project involves the construction and operation of a combined cycle, natural gas fired, 500 MW (nominal) electrical power plant. The Project will include two combustion turbines, two heat recovery steam generators, a steam turbine, stacks, a cooling tower, a treatment and storage system for process water, a treatment system and detention pond for storm water, an administration building, and other ancillary structures and features.
The Project will utilize state-of-the-art design concepts and equipment of the production of electrical power. Every aspect of the construction and operation of the Project has
been designed to ensure compliance with all of the applicable environmental and land use regulations.
Impacts of Construction and Operation
The site contains 30.5 acres, but only 16.3 acres will be developed for the Project. The power plant will be built on the portion of the site that is located east of the existing transmission line corridor. The portion of the site that is located west of the transmission line corridor is comprised primarily of wetlands. This portion of the site will not be developed by Duke/UCCNSB .
There are three small wetlands located on the east side of the site. One of these wetland areas will be preserved in its natural state. The other two wetlands, comprising a total of 0.7 acres, will be filled during the construction phase of the Project. To mitigate these wetland impacts, Duke/UCCNSB will preserve a 7.1 acre forested wetland that is located on the western portion of the site.
The Project will use natural gas and the best available control technology to minimize the airborne emissions from the operation of the power plant. The Project must comply with state and federal ambient air quality standards that are designed to protect human health and the environment.
The construction and operation of the Project should have no adverse impacts on any homes or businesses.
There will be no smoke or visible plume (except steam) emitted from the power plant.
There will be no dust or odor associated with the operation of the Project.
The Project will comply with the requirements of Volusia County's noise ordinance.
The Project will not create any traffic problems.
The Project will not discharge any industrial or domestic wastewater to any surface water or groundwater. Instead, all of the wastewater from the power plant will be discharged to the UCCNSB's adjacent WWTP for treatment. Treated effluent (reuse water) from UCCNSB's WWTP will be pumped to the power plant for reuse. By using treated effluent, the Project will reduce its use of ground water. The majority of the reuse water will be evaporated in the cooling tower and the remainder will be returned to the WWTP for further treatment.
Existing Land Use Plans and Zoning Ordinances
The City of New Smyrna Beach (The City) fully supports the Project. The City annexed the site so that the City could control the development of the Project, but the City has not yet amended its comprehensive land use plan to include the site. Consequently, the site is still subject to the requirements of Volusia County's comprehensive plan.
In the Volusia County Comprehensive Plan and Future Land Use Map, the site is located in an area designated as the
"Southeast Activity Center." Industrial land uses are authorized in the portion of the Southeast Activity Center where the power plant will be located. The existing substation and transmission lines on the site are located in portions of the Southeast Activity Center that are designated for public and semi-public uses.
After the site was annexed by the City, the City adopted an ordinance rezoning the site as an Industrial Planned Unit Development ("IPUD") within the Southeast Activity Center. IPUD is the existing zoning designation for the site. The City selected the IPUD zoning designation because the proposed use of the site is industrial and because the Volusia County Comprehensive Plan requires all development within the Southeast Activity Center to use a Planned Unit Development format. The rezoning to IPUD was recommended by the County and was conducted in accordance with the requirements of Volusia County's comprehensive plan.
The City also adopted an ordinance with contains an IPUD development agreement for the proposed development of the site for the Project. An "electric generating facility" is expressly identified as an approved land use within the IPUD development agreement for the site. The IPUD development agreement establishes requirements for setbacks, buffers, maximum heights and other aspects of the Project.
The Project will be compatible with existing and future land uses in the area near the site. Industrial uses are approved for the areas adjacent to the eastern and southern boundaries of the site. The UCCNSB's WWTP is adjacent to the northern boundary of the site. The existing transmission line corridor will be adjacent to the western side of the area where the power plant will be located.
The site is consistent and in compliance with existing zoning regulations. The site is consistent and in compliance with the Volusia County Comprehensive Plan and Future Land Use Map. The site also is consistent with the applicable provisions of the regional and state comprehensive land use plans.
The City of New Smyrna Beach, Volusia County, the East Central Regional Planning Council, the Department of Community Affairs and the other signatories to the Prehearing Stipulation either agree with or do not object to Duke/UCCNSB's assertion that the site is consistent and in compliance with existing land use plans and zoning ordinances.
The City is amending its comprehensive plan to include the newly annexed area where the site is located. The City prepared an amendment to its comprehensive plan and transmitted the amendment to the Department of Community Affairs in December 1998. The City's amendment to its comprehensive plan will not affect the acceptable land uses on the site because the City's
plan amendment simply adopts the County's current land use designations and requirements for the site.
Other Aspects of the Project
The Project will provide several significant economic benefits for the citizens of New Smyrna Beach and the State of Florida.
The Project will generate electricity that is needed by the customers of the UCCNSB and the residents of the State of Florida. Between 8,000 and 9,000 MW of new electrical generating capacity will be needed in Florida over the next 10 years. The lack of adequate generating capacity was evident in the summer of 1998, when Florida experienced power shortages. The Project also will increase the reliability of Florida's overall electrical supply system. Duke will assume the entire financial risk (approximately $160 million) for the construction of the Project and will not impose any capital costs on Florida's ratepayers. Thus, the Project will provide needed power to Florida, thereby increasing the reliability of the State's power supply, at no risk to anyone except Duke.
The Project will produce electricity at a lower cost than the other power plants currently operating in Florida. The Project will provide inexpensive power to other utilities in Florida, which will help lower the cost of electricity for the residents of the Florida peninsular.
Pursuant to the terms of the Participation Agreement between Duke and UCCNSB, the UCCNSB will receive an entitlement to 30 MW of capacity from the Project. By comparison to UCCNSB's other options for obtaining electricity, the Project will allow the UCCNSB's ratepayers (approximately 20,000) to enjoy savings that initially will be worth $3.1 million per year. Over the first 20 years of the Project's operations, the UCCNSB's customers will experience cost savings with a net present value of approximately $40 million. The Project will enable the UCCNSB's customers to enjoy a rate reduction of approximately 15 percent.
The construction of the Project will provide approximately 320 construction; jobs and a payroll of $31 million. The indirect economic benefits of the construction of the Project will be in excess of $113 million. The Project will provide approximately 20 permanent jobs and an annual payroll of about $1 million.
Duke will pay ad valorem taxes to Volusia County at the normal assessment rate. Duke has agreed to pay $750,000 per year to the City of New Smyrna Beach, which is greater than the amount that Duke would be assessed under the City's existing rate of assessment.
The Project will help the UCCNSB dispose of the treated effluent from the UCCNSB's WWTP. By evaporating the effluent
from the WWTP, the Project will help the UCCNSB eliminate its wastewater discharge into the Indian River.
The Project will be up to 40 percent more energy efficient than the existing power plants in Florida. Because the Project will produce electricity at a lower cost than the existing power plants in Florida, the Project is likely to displace the use of older, less efficient power plants. As a result, the Project will help reduce the amount of fuel consumed in Florida to generate electricity.
The Project will use natural gas as fuel, and natural gas is the cleanest burning fossil fuel available. The emissions from the Project will be extremely low by comparison to the emissions from other power plants.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over this subject matter and the parties to this action pursuant to Section 120.57(1), Florida Statutes.
Duke/UCCNSB and DEP published and posted timely public notice of Land Use Hearing, in compliance with the requirements contained in the PPSA and Chapter 62-17, Florida Administrative Code. Although there was a delay in the distribution of the Composite Notice to the parties, pursuant to Section 62- 17.161(1), Florida Administrative Code, the delay was immaterial and caused no prejudice. The evidence demonstrates that all of
the parties had adequate notice of the Land Use Hearing; no party has alleged otherwise.
Pursuant to Section 403.508(2), Florida Statutes, the sole issue for determination in this proceeding is whether the site of the Duke New Smyrna Beach Power Project is consistent and in compliance with existing land use plans and zoning ordinances.
The competent, substantial, and uncontroverted evidence presented by Duke/UCCNSB at the Land Use Hearing demonstrates that the site for the Project is consistent and in compliance with the applicable provisions of the existing land use plans and zoning ordinances, including but not limited to the Volusia County comprehensive land use plan and future land use map, the regional and state comprehensive land use plans, and the ordinances adopted by the City of New Smyrna Beach.
Based upon the 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 New Smyrna Beach Power Project is consistent and in compliance with the existing land use plans and zoning ordinances.
DONE AND ENTERED this 16th day of March, 1999, in Tallahassee, Leon County, Florida.
DON W. DAVIS
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 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 1999.
COPIES FURNISHED:
Jennifer B. Springfield, Esquire St. Johns River Water
Management District Post Office Box 1429
Palatka, Florida 32178-1429
Ronald L. Vaden, Utilities Director Utilities Commission,
City of New Smyrna Beach
200 Canal Street
New Smyrna Beach, Florida 32168
William L. Sigmon, Jr., Vice President Duke Energy Power Services Mulbery GP, Inc.
422 South Church Street Legal PB05E
Charlotte, North Carolina 28202-1904
Robert V. Ellas, Esquire Division of Legal Services
Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850
Stephanie G. Kurer, General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100
Lawrence W. Arrington, County Manager Volusia County
123 West Indiana Avenue Deland, Florida 32720
Aaron Dowling, Executive Director East Central Florida Regional
Planning Council Suite 105
1011 Wymore Road
Winter Park, Florida 32789
David S. Dee, Esquire Landers and Parsons, P.A. Post Office Box 271
Tallahassee, Florida 32302-0271
Leonard Kozlov, P.E. Department of Environmental
Protection Suite 232
33319 Maguire Boulevard
Orlando, Florida 32803-3767
Sandra Whitemire, Esquire Department of Transportation Mail Station 28B
605 Suwannee Street
Tallahassee, Florida 32399
Douglas H. MacLaughlin, Esquire South Florida Water
Management District Post Office Box 24680
West Palm Beach, Florida 33416-4680
James V. Antista, General Counsel Game and Fresh Water Fish Commission Bryant Building
620 South Meridian Street Tallahassee, Florida 32399-1600
Scott A. Goorland, Esquire Department of Environmental
Protection Mail Station 35
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Sheauching Yu, Assistant General Counsel Department of Transportation
Mail Station 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
Brent Balley, General Counsel Duke Energy Power Services Post Office Box 1642 Houston, Texas 77251-1642
Kathy Carter, Agency Clerk Department of Environmental
Protection Mail Station 35
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
F. Perry Odom, General Counsel Department of Environmental
Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
David B. Struhs, Secretary Department of Environmental
Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within
15 days from the date of 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 |
|---|---|
| Jan. 22, 2002 | Notice of Substitution of Counsel for Department of Community Affairs (filed by C. Roopnarine via facsimile). |
| Nov. 26, 2001 | Notice of Substitution of Counsel for Department of Community Affairs (filed by C. Roopnarine, Esquire). |
| Nov. 09, 2000 | Department of Environmental Protection`s Response to Florida Power Corporation`s Exceptions to the Recommended Order filed. |
| Nov. 09, 2000 | Department of Environmental Protection`s Responses to Florida Power Corporation`s Petition to Intervene filed. |
| May 19, 2000 | Letter to K. Carter from Judge D. Davis sent out Re: Enclosing a copy of Appendix I, conditions of certification which was inadvertently ommitted from the Recommended Order |
| Apr. 27, 2000 | Recommended Order (Cite Certification hearing held May 24, 1999). CASE CLOSED. |
| Apr. 24, 2000 | (D. Dee) Supreme Court of Florida Decision Dated April 20, 2000 w/cover letter filed. |
| Feb. 14, 2000 | Letter to Judge D. Davis from D. Dee Re: Filing briefs with the Supreme Court filed. |
| Jul. 23, 1999 | (Petitioners) Notice of Filing Transcript; Transcript filed. |
| Jul. 23, 1999 | Joint Notice of Filing Proposed Recommended Order by Duke/UCCNSB and the Department of Environmental Protection (for Judge Signature); Disk filed. |
| Jul. 23, 1999 | Proposed Recommended Order of the St. Johns River Water Management District Relating to Matters Within Its Jurisdiction filed. |
| Jun. 09, 1999 | Order Granting Joint Stipulation and Motion for Alteration of Time Limits sent out. (recommended order on certification shall be issued within 10 days of receiving a copy of the Supreme Court`s ruling) |
| Jun. 07, 1999 | (DEP) Notice of Filing; Staff Analysis Report filed. |
| Jun. 04, 1999 | Joint Stipulation and Motion for Alteration of Time Limit filed. |
| Jun. 03, 1999 | Letter to Judge D. Davis from D. White Re: Supplement to Florida Wildlife Federation`s Public Comments on Duke/New Smyrna Power Project Site Certification Public Hearing, May 24, 1999 filed. |
| May 25, 1999 | Duke/UCCNSB`s Amended Exhibit List for Certification Hearing; (2 Boxes) Exhibits filed. |
| May 24, 1999 | CASE STATUS: Hearing Held. |
| May 24, 1999 | CASE STATUS: Hearing Held. |
| May 20, 1999 | Department of Environmental Protection`s Exhibit List for Certification Hearing filed. |
| May 18, 1999 | (D. Dee, S. Goorland, A. Grayson, J. Springfield, S. Yu, G. Livingston, J. Antista, R. Elias, E. Beazley, D. Weaver) Prehearing Stipulation for Certification Hearing filed. |
| May 14, 1999 | St. Johns River Water Management District`s Exhibit List for Certification Hearing (filed via facsimile). |
| May 13, 1999 | Notice of Prehearing Conference filed. |
| May 11, 1999 | Letter to Judge Davis from David S. Dee (re: certification hearing) (filed via facsimile). |
| Apr. 08, 1999 | (DEP) Notice of Filing; Staff Analysis Report for the Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P. and Utilities Commission, City of New Smyrna Beach Power Plant Siting Application filed. |
| Mar. 24, 1999 | Letter to Judge D. Davis from D. Dee Re: Newspaper notice filed. |
| Mar. 16, 1999 | Recommended Order sent out. (Land Use hearing held January 27, 1999). |
| Mar. 03, 1999 | Order Granting Motion for Alteration of Time Limits sent out. (motion granted) |
| Mar. 01, 1999 | Joint Stipulation for Alteration of Time Limits rec`d |
| Feb. 25, 1999 | Order Granting Motion to Reschedule Certification Hearing sent out. (hearing set for 5/24/99) |
| Feb. 24, 1999 | Joint Notice of Filing Proposed Recommended Order by Duke/UCCNSB and the Department of Environmental Protection; Recommended Order (for Judge Signature); Disk rec`d |
| Feb. 18, 1999 | (SJRWMD) Motion to Reschedule Certification Hearing (filed via facsimile). |
| Feb. 16, 1999 | Respondent`s Motion for Substitution of Attorney; St. Johns River Water Management District`s Notice of Intent to Be a Party rec`d |
| Feb. 10, 1999 | Transcript of Proceedings filed. |
| Feb. 01, 1999 | (DEP) Preliminary Schedule for Agency Review of New Smyrna Beach Power Project; Cover Letter rec`d |
| Jan. 29, 1999 | Letter to Judge D. Davis from S. Palmer Re: Reviewing Duke Energy New Smyrna Beach Power Co.; Letter to H. Oven from K. Mennella (Unsigned) Re: SJRWMD reviewing applicants` response filed. |
| Jan. 26, 1999 | Letter to Judge D. Davis from D. Dee Re: Prehearing stipulation signed by Mr. Elias filed. |
| Jan. 22, 1999 | (Signed by D. Dee, S. Goorland, E. Olsen, A. Grayson, D. Weaver, G. Livingston, E. Beazley, J. Antista, S. Yu,) Prehearing Stipulation for Land Use Hearing rec`d |
| Jan. 20, 1999 | Duke/UCCNSB`s Notice for Land Use Hearing rec`d |
| Jan. 13, 1999 | Petitioners` Request for Judicial Notice rec`d |
| Dec. 28, 1998 | Department of Transportation`s Notice of Filing; Preliminary Statement of Issues filed. |
| Dec. 22, 1998 | Department of Transportation`s Notice of Filing; Preliminary Statement of Issues filed. |
| Dec. 08, 1998 | Applicants` Response to DEP`s Determination of Insufficiency filed. |
| Dec. 03, 1998 | Letter to DOAH from R. M. Williams (RE: request for all correspondence in regards to petitioner) filed. |
| Dec. 03, 1998 | Letter to Judge D. Davis from S. Palmer (RE: questions regarding sufficiency of site certification/enclosed/tagged) filed. |
| Nov. 12, 1998 | Department of Transportation`s Notice of Intent to be a Party (filed via facsimile). |
| Nov. 12, 1998 | (Petitioner) Notice of Revisions to Certificate of Service filed. |
| Oct. 29, 1998 | (David Dee) Notice of Land Use and Certification Hearings filed. |
| Oct. 26, 1998 | (DEP) Notice of Fiing of Site Certification Application filed. |
| Oct. 26, 1998 | Joint Response to DOAH`s Initial Order; Preliminary Schedule for Agency Review of New Smyrna Beach Power Project; (4 Notebooks) New Smyrna Beach Power Project Site Certification Application filed. |
| Oct. 26, 1998 | (Andrew Grayson) Notice of Appearance for Department of Community Affairs (filed via facsimile). |
| Oct. 23, 1998 | (DEP) Notice of Completeness of Power Plant Siting Application filed. |
| Oct. 22, 1998 | (Eric T. Olsen) Notice of Appearance filed. |
| Oct. 16, 1998 | Initial Order issued. |
| Oct. 12, 1998 | Notice of Receipt of Power Plant Siting Application and Request for Assignment of Administrative Law Judge filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 27, 2000 | Recommended Order | Project meets requirements of certification criteria and certification should be granted. |
| Mar. 16, 1999 | Recommended Order | New Smyrna Beach Power Project is consistent and in compliance with existing land use plans and zoning ordinances. |
