The Issue The issue is whether Palm Beach County's application for a permit to construct a domestic wastewater collection/transmission system in Palm Beach County should be approved.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Parties The County is a political subdivision of the State of Florida and is the permittee in this matter. The County Water Utilities Department currently serves approximately 425,000 persons, making it the largest utility provider in Palm Beach County and the third largest in the State of Florida. ITID is an independent water control special district created by special act of the legislature in 1957 and whose boundaries lie within the County. Portions of the transmission line to be constructed by the County will cross easements and roads, and pass under canals, owned by ITID. Petitioners Joseph Acqualotta, Michael D'Ordine, Ann Hawkins, and Lisa Lander all live in areas in close proximity to the proposed transmission line. Lander lives adjacent to the proposed route of the line along 40th Street North, while Acqualotta, D'Ordine, and Hawkins live adjacent to the proposed route along 140th Avenue North. Acqualotta, Hawkins (but not D'Ordine, who resides with Hawkins), and Lander own the property where they reside. Petitioners Troy and Tracey Lee (Case No. 05-2979), Lisa Gabler (Case No. 05- 2980), and Anthony and Veronica Daly (Case No. 05-2982) did not appear at the final hearing. The Department is an agency of the State of Florida authorized to administer the provisions of Part I of Chapter 403, Florida Statutes, and is the state agency charged with the responsibility of issuing domestic wastewater collection/ transmission permits under Section 403.087, Florida Statutes (2004).1 Background On December 15, 2004, the County filed its application with the Department for an individual permit to construct a domestic wastewater collection/transmission system (Transmission Line). The Transmission Line is one element of the County's Northern Region Utilities Improvement Project (Project) and will be approximately 41,050 feet long and comprised of approximately 32,350 linear feet of 20-inch force main and 18,700 linear feet of 30-inch force main (or nearly ten miles in length). A primary purpose of the Project is to provide water and wastewater service to the Village, a 1,900 acre parcel located in the unincorporated part of the County several miles west of the Florida Turnpike, south of State Road 710, and north of the Villages of Wellington and Royal Palm Beach. The Village will be the home of the Scripps Project and Campus. The Transmission Line will run from the southeastern corner of the Village south to Northlake Boulevard, then east to 140th Avenue North, then south along that roadway to 40th Street North, where it turns east until it interconnects with existing facilities. The wastewater will be collected in a regional pump station on the Scripps Project site, where it will be pumped through the Transmission Line to the East Central Plant, which will be the primary treatment facility. The East Central Plant is owned and operated by the City of West Palm Beach (City), but the County owns between forty and forty-five percent of the treatment capacity. Because the wastewater system is interconnected, the wastewater could also be treated at the County's Southern Regional Plant. Ultimately, the flow from the Scripps Project will be one or two million gallons per day. The Transmission Line is the only way that wastewater can be handled at the Scripps Project. A preliminary analysis by the Department and the South Florida Water Management District determined that on-site treatment was not feasible because of the environmentally sensitive nature of the area. The Scripps Project will include residential units, commercial entities, and institutional uses, such as medical clinics. Besides serving these customers, the Transmission Line will also serve other customers in the area. The County has already signed agreements with the Beeline Community Development District (which lies a few miles northwest of the Village) and the Village of Royal Palm Beach (which lies several miles south-southeast of the Village). At the time of the hearing, the County anticipated that it would also sign an agreement with Seacoast Utility Authority (whose service area is located just southeast of the Village) to transport wastewater through the Transmission Line. All of the treatment facilities have sufficient existing capacity to treat the estimated amount of domestic wastewater that will be generated by the Scripps Project and the other users that will discharge to the Line. The County commenced construction of the Transmission Line in May 2005 when the Department issued the Permit. On August 2, 2005, the County published the Department's Notice to issue the Permit, and once the Petitions were filed, the County stopped construction pending the outcome of this hearing. Approximately seventy percent of the Transmission Line is now completed. The Permit does not allow the Transmission Line to be used until it is pressure tested and certified complete. Upon completion, the County must receive an Approval to Place a Domestic Wastewater Collection/Transmission System into Operation from the Department. Such approval is given only after the County has given reasonable assurance that adequate transmission, treatment, and disposal is available in accordance with Department standards. See Fla. Admin. Code R. 62-604.700. On August 15, 2005, Petitions challenging the issuance of the Permit were filed by ITID and the individual Petitioners. ITID contends that the Transmission Line will convey not only domestic wastewater, but also industrial waste; that the County did not comply with all applicable technical standards and criteria required under the Department's rules; that the Project will be located on ITID's right-of-way, on which the County has no right to occupy; that the Project will be located within seventy-five feet from private drinking wells and does not provide an equivalent level of reliability and public health protection; and that the pipe material and pressure design is inappropriate for the Transmission Line's requirements. The individual Petitioners (who filed identical Petitions) are mainly concerned about the location of the Transmission Line in relation to their private drinking wells and property, the possibility of the pipe bursting or leaking once it becomes operational, and the restoration of their property to its original condition after construction is completed. As to the property claims by all Petitioners, the County plans to place the Transmission Line in property that it either owns or has an easement, in property that it is in the process of condemning, or in a public right of way. While the County acknowledges that it has already placed, and intends to place other portions of, the Transmission Line in easements that ITID says it has the exclusive right to use and for which a permit from ITID is required, the County alleges that it also has the right to use those easements without an ITID permit. The dispute between the County and ITID is the subject of a circuit court proceeding in Palm Beach County, and neither the Department nor DOAH has the authority to decide property interests. Petitioners' Objections Domestic wastewater and pretreatment The wastewater that will be generated by the Scripps Project is considered domestic wastewater; it will not include industrial wastewater. Waste that is industrial or non- domestic must be pretreated to protect the wastewater plant, collection system, and the health of system workers and the general public. The Department administers a pretreatment program through which it requires a public wastewater utility to police the entities that discharge to their wastewater plants. A central part of the pretreatment program is the local ordinance that gives legal authority to the utility to permit, inspect, and take enforcement action against industrial users who are part of the pretreatment program. The utility files an annual report with an industrial user survey, and the Department periodically inspects and audits local pretreatment programs to ensure they are being operated as intended. The system is not failsafe but is designed to ensure that potentially harmful wastes are rendered harmless before discharge. For example, the utility has the authority to immediately shut water off if a harmful discharge is occurring. Both the County and the City have pretreatment programs approved by the Department. The City has an ordinance that allows it to enforce the pretreatment standards for all entities that discharge to its wastewater system. The County Water Utilities Department has a written pretreatment manual, and the County has zoning restrictions on the discharge of harmful material to the wastewater system. It has also entered into an interlocal agreement under which it agrees to enforce the City ordinance. The County provides wastewater treatment to industrial, educational, and medical facilities, and it has never experienced a discharge from any of these facilities that has caused adverse health or environmental impacts. The County pretreatment program for the Southern Regional Facility was approved in 1997. The City pretreatment program for the East Central Regional Facility was approved in 1980. The Scripps Project must apply for a permit from the County and provide a baseline monitoring report, data on its flow, and information on the flow frequency and raw materials. Medical waste from the Scripps Project will be pretreated to render it safe before it is discharged into the Transmission Line. Transmission Line Design The Transmission Line was designed in accordance with the technical standards and criteria for wastewater transmission lines in Florida Administrative Code Rule 62- 604.300(5). That rule incorporates by reference a set of standards commonly known as the Ten State Standards, which contain several of the standards used in the design of this project. These standards are recommended, but are not mandatory, and a professional engineer should exercise his or her professional judgment in applying them in any particular case. The Transmission Line also meets the design standards promulgated by the America Water Works Association (AWWA). Specifically, the County used the AWWA C-905 design standard for sizing the polyvinyl chloride, or PVC, pipe used in the project. The County has received written certification from the manufacturer that the PVC pipe meets the standards in AWWA C-905. The Transmission Line is designed with stub-outs, which will allow for future connections without an interruption of service, and inline isolation valves, which allow the line to be shut down for maintenance. The Use of PVC Pipe There is no standard regulating the selection of PVC pipe material in the Department's rules. Instead, the Department relies on the certification of the applicant and the engineer's seal that the force main will be constructed to accepted engineering standards. The only specification applicable to the Transmission Line is the Ten State Standard, adopted and incorporated by reference in Florida Administrative Code Rule 62-604.300(5)(g). That document contains a general requirement that the material selected have a pressure rating sufficient to handle anticipated pressures in wastewater transmission lines. The Transmission Line will be constructed with PVC piping with a thickness of Dimension Ratio (DR) 32.5, which is the ratio of the outside diameter of the pipe to its thickness. Higher ratios mean thinner-walled pipes. This is not the first time the County has used 32.5 PVC piping for one of its projects, and other local governments in the State have used 32.5 or thinner pipe. The County is typically conservative in requiring thicker-walled pipe, because most transmission lines are built by developers, and the County is unable to design the entire line or control or inspect its installation. The specifications for wastewater transmission lines built in the County call for the use of DR 25 pipe. On this project, however, the County determined that thicker- walled pipe would have been an over-design of the system because the County controls the pump stations and oversees the installation; therefore, the Director of the Water Utilities Department has waived that requirement. The County considers the use of DR 32.5 PVC to be conservative. Although this pipe will be thinner than what is typically used in the County, it satisfies the Department's requirements. The Department has permitted many miles of similar PVC force mains in South Florida, and none have failed. PVC has benefits over other transmission line material, such as ductile iron. For example, PVC is more corrosion resistant. Wastewater generates hydrogen sulfide as it decomposes, which can form highly corrosive sulfuric acid. Some of the older transmission lines in the County that were made of ductile iron have corroded. PVC also has a superior ability to absorb surges, such as cyclical surges, than ductile iron. It is easier to install, and its interior flow characteristics are smoother than ductile iron or pre-stressed concrete pipe. Mr. Farabee, a professional engineer who testified on behalf of ITID, recommended a DR 14 pipe, which is thicker- walled than the DR 32.5 pipe used by the County. While he opined that the DR 32.5 pipe was too thin for the project, he could not definitively state that it would not pass the 150 per square inch (psi) pressure test. He also opined that the pipe is undersized because it will be unable to withstand the surge pressures during cleaning. The witness further testified that the pipe would be subject to much higher pressures than 150 psi, and therefore it was impossible to know whether the pipe would fail. In his opinion, this means the Department did not have reasonable assurance for the project. The County consulted with the Unibell PVC Pipe Association (Unibell) in the planning of this project. Unibell is a trade association that provides technical support for PVC pipe manufacturers. Robert Walker, a registered professional engineer and Unibell's executive director who testified on behalf of the County, disagreed with Mr. Farabee's conclusions concerning the adequacy of the PVC pipe in this project. The AWWA C-905 standard uses a safety factor of two, which means the pipes are tested at pressures that are at least twice their stated design strength. Mr. Walker explained the different standards that apply to PVC pipe. DR 32.5 pipe, which is used in this project, has a minimum interior pressure rating of 125 pounds per square psi. Each pipe section is tested before it is shipped at 250 psi, and the minimum burst pressure for the material is in excess of 400 psi. The pipe also meets a 1000- hour test at 270 psi. In light of these standards and testing, the pipe will pass the two-hour 150 psi test required by the Department. Mr. Farabee expressed some concern that the PVC pipe would be more prone to breakage than ductile iron or thicker PVC. However, the PVC pipe standards provide that the pipe can be flattened at sixty percent without splitting, cracking, or breaking. At shallow depths on dirt roads, ovalation, which occurs when PVC is flattened through pressure, will initially occur, but over time the soil around the pipe will become compacted and result in re-rounding of the pipe. The joints are three times stiffer than the body of the pipe, which will protect the joint from excessive ovalation and leaking, and the use of mechanical restrained joints will further strengthen the joints. There has been no joint leakage in Florida due to deflection of the joints. Finally, there have been no failures of PVC pipe caused by three-feet of fill, which is the depth to which the Transmission Line pipe will be buried. To further protect the pipe, the County optimized its pumping system to avoid cyclical surges by using variable frequency drive pumps that gradually increase and decrease speed rather than just turning on or off. In addition, the pump stations are fed by two power lines that come from different directions and emergency generators, which should lessen the chances of harmful surging. Testing the Installation The anticipated pressures in the Transmission Line will likely be about 50 psi. After installation, the Line will be pressure tested at 150 psi for two hours, which is sufficient to provide the Department with reasonable assurance that the Line will hold pressure and will not leak. Also, the County contract inspectors are on the construction site daily. If problems with the installation arise later, the County has committed to promptly fix the problem, even if it means digging up the line. During the hearing, ITID asserted that the Uniform Policies and Procedure Manual standards, which the County has adopted for use by developers when constructing wastewater transmission lines, should be applied to the County as well. This standard, which requires pressure testing to 200 psi for PVC pipes larger than 24 inches, has not been adopted by the Department and is not an applicable Department permitting standard. Even if it did apply, the Transmission Line would meet this criterion because it is designed to withstand 270 psi for at least 1,000 hours. Mr. Farabee believed that the entire Transmission Line would be pressure tested after the construction was complete, which would require digging up sections of the pipe to install bulkheads. However, this assessment of the County's testing program is incorrect. Leisha Pica, Deputy Director of the Water Utilities Department, developed the schedule for the project, helped develop the phasing of the work and budget, and oversaw the technical aspects. She stated that the County has successfully tested approximately fifty percent of the line that was already installed at 150 psi for two hours and not a single section of the line failed the test. Compaction The County has stringent backfilling and compaction requirements, which are sufficient to ensure the pipe will be properly installed and that there will be adequate compaction of the fill material. The County plans and specifications provide that compaction must be to ninety-five percent of the American Association of State Highway and Transportation Officials (AASHTO) standards for non-paved surfaces and one hundred percent of AASHTO standards for paved surfaces. Even ITID's expert agreed that the compaction specifications are sufficient. Mr. Farabee contended, however, that even though the standards are stringent, the County cannot properly test the installation for compliance with the standards. Mr. Farabee believed that testing of the backfill would be done after all of the construction was complete. In that case, he did not see how the testing could be done without digging many holes to check for the density of the backfill. These assumptions, however, are incorrect. The evidence shows that a total of two hundred sixty-four compaction tests have already been done on the portion of the Transmission Line that was completed. No part of the installation failed the tests. The County has an inspector who observes the installation and pressure tests. The compaction was tested at every driveway and major roadway, as well as every five hundred feet along the route. While Lander and D'Ordine pointed out at hearing that no compaction tests have been performed on the dirt roads which run adjacent to their property and on which construction has taken place, the Department requires that, before the work is certified as complete, non-paved roads must be compacted in accordance with AASHTO standards in order to assure that there is adequate compaction of the fill material. The Sufficiency of the Application When an application for an individual transmission/ collection line permit is filed with the Department, the applicant certifies that the design of the pipeline complies with the Department's standards. However, not all of the details of the construction will be included in the permit application. The Department relies on the design engineer to certify that the materials used are appropriate. The application form is also signed and sealed by a professional engineer registered in the State of Florida. All plans submitted by the County, including the original, modifications, and final version, were certified by professional engineers registered in the State of Florida. After receiving the application, the Department requested additional information before issuing the permit, and the County provided all requested information. The original construction plans that were submitted with the application were changed in response to the Department's requests for additional information. The Permit issued by the Department indicates the Transmission Line would be constructed with ductile iron pipe, but this was a typographical error. ITID maintains that all of the technical specifications for the project must be included in the application, and because no separate engineering report was prepared by the County with the application, the County did not meet that standard. While the County did not submit an engineering report, it did submit sufficient data to provide reasonable assurance that the project will comply will all applicable rules of the Department. As a part of its application package, the County submitted construction plans, which contain the specifications required by the Department. Also, the general notes included in the construction drawings specify the use of restrained joints where appropriate, the selection of pipe material, the pressure testing of the Transmission Line, and other engineering requirements. In addition, the plans contain numerous other conditions, which are also specifications sufficient to fulfill the Department's requirements. Finally, further explanation and clarification of the technical aspects of the application was given by the County at the final hearing. At the same time, the Department engineer who oversaw the permitting of this project, testified that a detailed engineering report was not necessary. This engineer has extensive experience in permitting transmission lines for the Department and has worked on over five hundred permits for wastewater transmission and collection systems. The undersigned has accepted his testimony that in a relatively straightforward permit such as this, the application and attachments themselves can function as a sufficient engineering evaluation. This is especially true here since the County is seeking only approval of a pipeline project, which would not authorize the receipt of wastewater flow unless other wastewater facilities are permitted. Impacts on Public and Private Drinking Water Wells As part of the design of the Transmission Line, the County located public and private drinking water wells in the area of the line. County personnel walked the route of the Transmission Line and looked for private wells and researched the site plans for all of the properties along the route. No public wells were found within one-hundred feet of the Transmission Line route, but they did find seventeen private wells that are within seventy-five feet of the line. None of the Petitioners have private wells that are within seventy- five feet of the line. While Petitioners D'Ordine and Hawkins initially contended that the well on Hawkins' property was within seventy-five feet of the Transmission Line, at hearing Mr. D'Ordine admitted that he "misread the plans and referred to the wrong property." In order to protect the private drinking water wells, Florida Administrative Code Rule 62-604.400(1)(b) requires that the County provide an extra level of protection for the wells that are within seventy-five feet of the Transmission Line. The County will provide that extra level of protection by installing restrained joints that will restrain the joints between the pipe sections. The restrained joints are epoxy-coated mechanical devices that reduce the tendency for the pipes to separate under pressure. The County has used these restrained joints on its potable water and wastewater lines in other areas of the County and has never experienced problems with the devices. The restrained joints will provide reliable protection of the private wells within seventy-five feet of the Transmission Line. The Department is unaware of any instances where restrained joints have failed in South Florida. If more wells are discovered that are within seventy-five feet of the Transmission Line, then the County will excavate the Line and install restrained joints. Minimum Separation Distances The County has complied with all applicable pipe separation requirements in the installation of the Transmission Line. More specifically, it is not closer than six feet horizontally from any water main and does not intersect or cross any reclaimed water lines. See Fla. Admin. Code R. 62-555.314(1)(a). It will be at least twelve inches below any water main or culvert that it crosses. See Fla. Admin. Code R. 62-555.314(2)(a). Finally, it will be a minimum of twelve inches below any culverts that it crosses. (However, the Department has no separation requirement for culverts crossed by the Transmission Line.) h. The M-Canal Crossing The Transmission Line must cross the M-canal, which runs in an east-west direction approximately midway between 40th Street North and Northlake Boulevard. The original design called for the Transmission Line to cross above the water, but the City and the Department suggested that it be located below the canal to eliminate the chance that the pipe could leak wastewater into the canal. In response to that suggestion, the County redesigned the crossing so that a 24- inch high density polyethylene pipe in a 48-inch casing will be installed fifteen feet below the design bottom of the canal. The polyethylene is fusion-welded, which eliminates joints, and is isolated with a valve on either side of the canal. Appropriate warning signs will be installed. See Fla. Admin. Code R. 62-604.400(2)(k)2.-5. The depth of the subaqueous line and the use of the slip line, or casing, exceeds the Department's minimum standards. See Fla. Admin. Code R. 62-604.400(2)(k)1. i. Flushing Protocol Section 48.1 of the Ten State Standard recommends that wastewater transmission lines maintain a velocity of two feet per second. When the Transmission Line becomes operational, it will not have sufficient flow to flush (or clean) accumulated solids from the lines at the recommended two feet per second velocities. (Sufficient flow will not occur until other customers connect to the Transmission Line during the first one to three years of operation.) Accumulated solids produce gases and odors that could create a problem at the treatment plant and might leak out of the manhole covers. To address this potential problem, Specific Condition 9 of the Permit requires the County to flush the lines periodically. Pursuant to that Condition, the County plans to flush the Transmission Line with additional water which will raise the velocity to three or four feet per second, so that the accumulated solids will be flushed. The water will be supplied by large portable tanks that will be temporarily set up at several locations along the Line. During the purging of the Line, sewage will collect in the pump stations until the purge is finished. There is sufficient capacity in the pump stations to contain the wastewater. In addition, the County will use a cleansing tool known as a pig, which is like a foam bullet that scrapes the sides of the pipe as it is pushed through the line. This protocol will be sufficient to keep the Line clean. ITID asserts that the County's plan for flushing is inadequate, because it does not provide enough water for long enough to flush both the 20-inch and 30-inch lines. Mr. Farabee calculated that the County would need almost twice the proposed volume, or almost six million gallons, to adequately flush the lines. ITID's analysis of the flushing protocol is flawed, however, because it assumes a constant flow in all segments of the pipe, which is not practical. In order to maintain the flushing velocity of three feet per second, the County will introduce water into the Transmission Line at three separate locations, resulting in a more constant flow velocity throughout the Transmission Line. In this way, it can maintain the proper velocity as the lines transition from a 20-inch to 30-inch to 36-inch pipe. The County has flushed other lines in the past using this protocol and has had no problems. This flushing protocol would only be in effect from one to three years. The County estimates that the necessary volumes to maintain a two-feet-per-second velocity in the 20- inch line would be reached in about one year. The 30-inch line should have sufficient flows sometime in 2008. These estimates are based on the signed agreements the County has with other utilities in the area to take their flows into the Transmission Line. Because of these safeguards, the Transmission Line will not accumulate solids that will cause undesirable impacts while flow is less than two feet per second. Other Requirements The construction and operation of the Transmission Line will not result in the release or disposal of sewage or residuals without providing proper treatment. It will not violate the odor prohibition in Florida Administrative Code Rule 62-600.400(2)(a). It will not result in a cross- connection as defined in Florida Administrative Code Rule 62- 550.200. The construction or operation of the Transmission Line will not result in the introduction of stormwater into the Line, and its operation will not result in the acceptance of non-domestic wastewater that has not been properly pretreated. If constructed and permitted, the Transmission Line will be operated so as to provide uninterrupted service and will be maintained so as to function as intended. The record drawings will be available at the Department's district office and to the County operation and maintenance personnel. Finally, concerns by the individual Petitioners that the County may not restore their property to its original condition after construction is completed are beyond the scope of this proceeding. At the hearing, however, the Deputy Director of the Water Utilities Department represented that the County would cooperate with the individual property owners to assure that these concerns are fully addressed. Reasonable Assurance The County has provided the Department with reasonable assurance, based on plans, test results, installation of equipment, and other information that the construction and installation of the Transmission Line will not discharge, emit, or cause pollution in contravention of the Department's standards.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Environmental Protection enter a final order denying all Petitions and issuing Permit No. 0048923-017-DWC. DONE AND ENTERED this 18th day of October, 2005, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER 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 18th day of October, 2005.
Findings Of Fact On February 4, 2008, the Department filed a two-count Administrative Complaint against Boetzel, alleging that Boetzel violated sections 481.323(1) and 489.531(1), Florida Statutes (2006), in that Boetzel engaged in the unlicensed practice of landscape architecture and electrical contracting. The following pertinent facts were alleged in the Administrative Complaint: At no time material hereto were Respondents the holders of valid licenses to engage in the practice of landscape architecture pursuant to Chapter 481, Part II, Florida Statutes. At no material time hereto were Respondents the holders of valid licenses to engage in the practice of electrical contracting pursuant to Chapter 489, Part II, Florida Statutes. At all times material hereto, Respondent TODD P. BOETZEL was the Registered Agent and Officer/Director/President of Respondent BOETZEL LANDSCAPING, INC. Respondents' last known address is 2534 22nd Avenue North, St. Petersburg, Florida 33713. On or about June 5, 2007 Respondents submitted an invoice to Southern Cross Construction for site preparation, including grading, placement of plantings, and installation of an irrigation system at a construction site in Reddington [sic] Beach, Florida. The aforementioned invoice also included electrical contracting work. On or about June 19, 2007 Respondent Todd P. Boetzel signed a sworn Claim of Lien indicating that he provided "Landscaping, Sod, and Irrigation" for the aforementioned project. Respondent was paid a deposit of $8,000.00 by check number 1274 on May 25, 2007. Boetzel requested an administrative hearing, and the case was referred to DOAH. A final hearing was held, and the Administrative Law Judge entered a Recommended Order, recommending that a final order be entered finding that Boetzel did not engage in the unlicensed practice of landscape architecture and electrical contracting. On October 28, 2008, the Department filed a Final Order, which adopted the Findings of Fact and Conclusions of Law in the Recommended Order and found that Boetzel was not guilty of engaging in the unlicensed practice of landscape architecture and electrical contracting. On November 17, 2008, Boetzel filed a Verified Petition and Affidavit for Attorney's Fees and Costs under Florida Statutes § 57.111 (2006). The petition included an Affidavit for Attorney's Fees executed by the attorney for Boetzel, stating that 102.2 hours of attorney time had been rendered in the case and that the usual rate was $300.00 per hour. The total amount claimed for attorney's fees is $30,660.00. The petition also included a Bill of Costs executed by Todd P. Boetzel, which included costs for services of process and transcripts. The total amount claimed for costs is $1,327.30. On December 8, 2008, the Department filed Respondent's Answer to Initial Order. The answer stated: The Department does not dispute the reasonableness of the fees and costs submitted by Petitioner. The Department does not dispute that Petitioner [sic] were a prevailing party in the underlying proceeding. The Department does not dispute that Petitioner [sic] are a small business party. The Department does not dispute that it was non-nominal party at the underlying proceeding. The Department knows of no circumstances or facts that would make an award of attorney's fees to Petitioner unjust in the present case. * * * The Department alleges that its actions in prosecuting this matter were substantially justified, thereby negating Petitioners' entitlement to attorneys' fees. The only disputed issue in the instant case is whether the Department was substantially justified in issuing the Administrative Complaint. In February 2008, Laura P. Gaffney (Ms. Gaffney) was the chief attorney in the unlicensed activity section of the Department. Her primary responsibility was to review incoming cases and determine whether the cases should be closed out, whether additional investigation was needed, or whether charges should be filed in the form of an administrative complaint. Ms. Gaffney had been delegated the authority by the Secretary of the Department to make probable cause findings on cases dealing with unlicensed activity.2/ In making her determination of whether there was probable cause to file an administrative complaint, Ms. Gaffney considered the investigative report dated December 29, 2007, and a supplemental report dated January 19, 2008. The investigative file included a complaint filed by Steve Petrozak (Mr. Petrozak), a licensed general contractor and manager of Southern Cross Construction, alleging that Boetzel had engaged in the unlicensed practice of landscape architecture. The complaint described the work performed by Boetzel as "landscaping, lawn irrigation, sod." The complaint filed by Mr. Petrozak included an invoice from Boetzel for the work performed. The invoice was for the planting of various plants, site preparation, irrigation, installation of pine bark, and lighting. The site preparation was described in the invoice as follows: "Sodcut areas to be planted, remove unwanted vegetation and haul away, prepare areas for planting, stump grind. Grade entire property and create swale down left side." The lighting work was described in the invoice as follows: "Install Low Voltage Halogen Lights, uplight 3 foxtail palms, 1 adonidia palm and 2 lights on mailbox, with one automatic transformer. Additional transformer." The investigative file also included a letter dated November 7, 2007, from Gregory Elliott, an attorney representing Boetzel. Mr. Elliott stated that Boetzel was not in the business of landscape architecture, but was in the business of selling and installing landscape materials for residential or commercial use. Mr. Elliott described Boetzel as a laborer or materialman working under the general contractor. Ms. Gaffney felt that the "single most important part of this investigative report" was the sworn claim of lien filed by Boetzel, which stated that Boetzel had furnished "labor, services and material consisting of Landscaping, Sod, and Irrigation" at the property situated at 511 161st Avenue, Redington Beach, Florida. Ms. Gaffney assumed that because the work performed by Boetzel included grading the property and creating a swale that Boetzel had set the grades for the grading and had designed the swale. The investigative report does not contain sufficient information to make that determination. Such information could easily have been obtained from Mr. Petrozak, but the investigator did not get the information nor did Ms. Gaffney request the information. Ms. Gaffney assumed that because transformers were being provided and that halogen lights were being installed that Boetzel hardwired the installation of the lights and transformers. She assumed that because lights were being placed near a mailbox that the work would entail more than plugging in the lights. The information contained in the investigation file is insufficient to supports such assumptions. The investigator could have obtained the necessary information from Mr. Petrozak, but did not do so nor did Ms. Gaffney request the information.
The Issue The issue for determination in this case is whether the affiliated facilities and proposed site of the Hardee Unit 3, a fifty acre parcel in the unincorporated area of Hardee County within the site of the Hardee Power Station encompassing 1300 acres in Hardee and Polk Counties, is consistent and in compliance with existing land use plans and zoning ordinances of Hardee and Polk Counties, pursuant to Section 403.508(2), Florida Statutes.
Findings Of Fact The site for the proposed Hardee Unit 3 electric generating plant is a 50 acre parcel within the larger 1,300 acre Hardee Power Station Site which is located in both Polk and Hardee Counties. The Hardee Unit 3 site is approximately 9 miles northwest of the City of Wauchula, which is located in Hardee County. The Hardee Unit 3 electrical generating structures will be located in the unincorporated area of Hardee County. The Hardee Unit 3 will utilize the existing cooling reservoir, the existing site access road and the existing natural gas pipeline, all of which are located in both Hardee County and Polk County. A new gas pipeline lateral may be constructed within both the Hardee County and Polk County portions of the Hardee Power Station Site if a fuel supply contract is successfully negotiated with Sunshine Pipeline Company. The Public Service Commission in its Order Granting Petition for Determination of Need, (the "need order,") found that Seminole Electric had provided adequate assurances that sufficient natural gas pipeline capacity will be available to transport natural gas to the proposed combined cycle unit. The Hardee Power Station Site was originally certified in November 1990 for an ultimate site capacity of 660 megawatts (MW) of natural gas and oil fired generating capacity. In a final order entered in August 1990, the Siting Board determined the Hardee Power Station Site was consistent and in compliance with the land use plans and zoning ordinances of Hardee and Polk Counties. In this proceeding, Seminole proposes to increase the ultimate site capacity determination for the Hardee Power Station Site by an additional 220 MW of capacity and to seek certification of the electric generating equipment for the 440 MW Hardee Unit 3 as described below. If finally certified, the ultimate site capacity determination for the Hardee Power Station Site would be increased to a total of 880 MW. With the addition of proposed Hardee Unit 3, the Hardee Power Station will consist of combined cycle electric generating facilities with an ultimate nominal capacity of 880 MW to be constructed in two phases. In the first phase, TECO Power Services (TPS) constructed 295 MW of generating capacity, which began commercial operation in January 1993, and will construct an additional 145 MW combined cycle facility, which is scheduled to be in service in January 2003. Phase 2 of the project is the addition of Seminole's proposed separate 440 MW (nominal) combined cycle facility, to be in service in January 1999. On June 21, 1994, the Florida Public Service Commission ("PSC") issued a need order based on Seminole Electric's application for a need determination for construction of a 440 MW combined cycle facility. The PSC order granted the application. The Hardee Unit 3 will utilize the existing 570 acre cooling reservoir to supply condenser cooling water for all existing and planned combined cycle units at the site. The Hardee Unit 3 also will have associated onsite oil storage and handling facilities and an onsite electrical switch yard which will connect to the existing TPS switch yard onsite for transmission access. Power generated from the Hardee Unit 3 power plant and the full build out capacity of 880 MW will be distributed via three existing transmission lines. These transmission lines were authorized and constructed pursuant to the November 1990 certification. The existing pipeline connecting to the Florida Gas Transmission system also can supply natural gas to the Hardee Unit3. No changes to these electrical and gas transmission lines will be required for the Hardee Unit 3. The new gas pipeline lateral may also supply natural gas to the site, if constructed. The Applicant published notice of the September 7, 1994 land use hearing in The Herald-Advocate (Wauchula) on July 21, 1994, The Ledger (Lakeland) on July 20, 1994, and The Tampa Tribune on July 20, 1994. Notice of the September 7, 1994 hearing also was published in the Florida Administrative Weekly on July 22, 1994. (Exhibit 20; Bachor T. 16-17) Hardee County Aspects of the Hardee Unit 3 to be located in Hardee County include: (a) the power plant facility; (b) a portion of a possible future natural gas pipeline lateral extending to Sunshine Gas Pipeline Company's main gas line which may be constructed to serve the site; and (c) miscellaneous accessory facilities. The land use plan that governs the Hardee Unit 3 site in Hardee County for purposes of this hearing is the future land use plan element of the Hardee County Comprehensive Plan, originally adopted in April 1991. The applicable zoning regulation is Hardee County Zoning Ordinance No. 82-2 as codified in the Hardee County Land Development Code. The Hardee County future land use map designates the Hardee Power Station Site as A-I, Agricultural. Power plants are identified as a permitted land use within the Agricultural land use category. The zoning category for the site of the Hardee Unit 3 generating facility located within Hardee County is 1-1 (Light Industrial). The Light Industrial district, as described in the Hardee County zoning ordinance, includes "public and semi-public plants" in an enumeration of authorized "principle uses and structures," and authorizes the proposed power plant. The Hardee County Board of County Commissioners rezoned the Hardee Power Station Site to 1-1, effective December 31, 1989, to authorize construction of a power generation plant. Expert testimony was presented demonstrating that the proposed Hardee Unit 3 is consistent and in compliance with Hardee County's land use plan and zoning ordinance. On August 31, 1991, the Applicant and Hardee County entered into a stipulation in which the County confirmed that the proposed site of the Hardee Unit 3 is consistent and in compliance with Hardee County's existing land use plan and zoning ordinance. Polk County The only new aspect of the Hardee Unit 3 which may be constructed within Polk County is a portion of a gas lateral within the Hardee Power Station Site to connect to a future natural gas pipeline that may serve the site. The existing cooling reservoir, the site access road and an existing gas pipeline all located partially within Polk County will continue to be used by the new unit. The land use plan that governs the Hardee Unit 3 pipeline facilities located in Polk County is the Polk County Comprehensive Plan, as adopted by the Board of County Commissioners on November18, 1992. The applicable zoning regulation is the 1983 Polk County zoning ordinance, as amended. The future land use map for Polk County designates the portion of the Hardee Power Station Site within Polk County as Phosphate Mining ("PM"). Electrical generating facilities and natural gas pipelines that support existing or proposed development are allowed uses within that land use category. The Polk County zoning category for the portion of the Hardee Power Station Site within Polk County is Rural Conservation, ("RC"). Natural gas pipelines are an allowed use within this zoning district as a Class I Essential Use. Expert testimony also demonstrated that the power plant site and associated linear facilities are in compliance and consistent with Polk County's land use plan and zoning ordinance. The Applicant has entered into a stipulation with Polk County, dated September2, 1994, in which the County confirms that the site of those facilities for the Hardee Unit 3 power plant which may be located in Polk County is consistent and in compliance within Polk County's existing land use plan and zoning ordinance.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that the Governor and Cabinet, sitting as the Siting Board, enter a Final Order finding that the site of the Hardee Unit 3 electric generating facility, as proposed in the Site Certification Application and representing an incremental increase of 220 MW in the ultimate site capacity for the entire Hardee Power Station Site, is consistent and in compliance with the existing land use plans and zoning ordinances of Hardee and Polk Counties. DONE AND ENTERED this 14th day of October, 1994, in Tallahassee, Florida. DAVID M. MALONEY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 1994. APPENDIX Findings of Fact Nos. 1 - 20, proposed by the applicant and Hardee County in their Joint Proposed Findings of Fact, in substance, and insofar as material, are adopted. COPIES FURNISHED: Doug Roberts Attorney at Law Hopping, Boyd, Geen & Sams P. O. Box 6526 Tallahassee, Florida 32314 Richard Donelan Assistant General Counsel 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Hamilton S. Oven, Jr. Department of Environmental Protection 3900 Commonwealth Blvd. Tallahassee, Florida 32399-3000 David Russ Assistant General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Representing DCA Michael Palecki, Chief Bureau of Electric & Gas Florida Public Service Commission 101 East Gaines Street Tallahassee, Florida 32399-0850 Representing PSC Dorothy Johnson, Chief Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Mark F. Lapp James A. Robinson Assistant General Counsels Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34609-6899 Representing SWFWMD James Antista, General Counsel Florida Game and Fresh Water Fish Commission Bryant Building 630 South Meridian Street Tallahassee, Florida 32399-1600 Representing GFWFC Gary Alan Vorbeck Hardee County Attorney Vorbeck & Vorbeck, P.A. 207 East Magnolia Street Arcadia, Florida 33821 Representing Hardee County Timothy F. Campbell Assistant County Attorney Post Office Box 60 Bartow, Florida 33830 Representing Polk County Brian Sodt Central Florida Regional Planning Council P. O. Box 2089 Bartow, Florida 33830 Lawrence N. Curtin Attorney at Law Holland & Knight P. O. Drawer 810 Tallahassee, Florida 32302-0810 Honorable Lawton Chiles Governor State of Florida The Capitol Tallahassee, Florida 32399 Honorable Robert A. Butterworth Attorney General State of Florida The Capitol Tallahassee, Florida 32399-1050 Honorable Bob Crawford Commissioner of Agriculture State of Florida The Capitol Tallahassee, Florida 32399-0810 Honorable Douglas L. "Tim" Jamerson Commissioner of Education State of Florida The Capitol Tallahassee, Florida 32399 Honorable Jim Smith Secretary of State State of Florida The Capitol, PL-02 Tallahassee, Florida 32399-0250 Honorable Tom Gallagher Treasurer and Insurance Commissioner State of Florida The Capitol Tallahassee, Florida 32399-0300 Honorable Gerald A. Lewis Comptroller State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350
The Issue The issue for determination is whether either of the proposed transmission line corridors for the proposed Lake Agnes-Gifford 230 kV transmission line comply with the criteria in Section 403.529(4), Florida Statutes, and if so, which of those corridors has the least adverse impacts with respect to the criteria in Section 403.529(4), Florida Statutes, including cost. If one of the corridors proper for certification is determined to have the least adverse impacts, the issue is whether certification of that corridor should be approved in whole, with modifications or conditions, or denied. See § 403.529(4) and (5), Fla. Stat. If the two corridors are found to be substantially equal in adverse impacts regarding the criteria in Section 403.529(4), Florida Statutes, including costs, the Siting Board shall certify the Joint Applicants' Preferred Corridor. See § 403.529(5)(c), Fla. Stat.
Findings Of Fact Based upon all of the evidence the following findings of fact are determined: Parties The TLSA establishes TECO, Progress Energy, and the Department as parties to this proceeding, and the following became parties upon their timely filing of a notice of intent to be a party, which each has done: Florida Department of Transportation (DOT), Department of Community Affairs, and the Southwest Florida Water Management District (SWFWMD). See § 403.527(2), Fla. Stat. The following agencies did not participate in the proceeding and did not file a notice of intent before the thirtieth day prior to the certification hearing and each one is deemed to have waived its right to be a party: the PSC; the Florida Fish and Wildlife Conservation Commission; the Department of Agriculture and Consumer Services, Division of Forestry; Osceola County; Polk County; Reedy Creek Improvement District; Department of Health; Department of State, Bureau of Historic Preservation; East Central Florida Regional Planning Council; and Central Florida Regional Planning Council. See § 403.527(3), Fla. Stat. Orange County, Orlando Utilities Commission (OUC), and the SFWMD (during the public comment portion of the hearing only) appeared at the hearing. Pursuant to Section 403.527(2)(c)3., Florida Statutes, any person whose substantial interests are affected and being determined by the proceeding shall be parties to the proceeding upon the filing of a notice of intent to be a party. By stipulation of the parties, having filed a notice of intent to be a party or a petition to intervene, OIC, OUC, Blackwater Associates, Ltd., and Mountain Funding, LLC, are parties to the proceeding without the need to introduce evidence as to substantial interests affected and being determined by the proceeding. The Corridors Proper for Certification The Applicants' Preferred Corridor exits the existing Lake Agnes substation in northeastern Polk County and extends east-northeast approximately 18.9 miles within, adjacent to, or in proximity to the OUC McIntosh-Taft transmission line right- of-way (ROW), which generally runs parallel to Interstate 4 (I-4), across Polk and Osceola Counties. It then turns north and crosses Loughman Road (Polk County Road 54, now known as Ronald Reagan Boulevard), Old Lake Wilson Road, and I-4, and continues north along the Daniel Webster Western Beltway, also known as State Road 429 (SR 429), co-locating in the SR 429 ROW, for approximately 8.6 miles. The Preferred Corridor then turns west and exits the SR 429 ROW, just north of Western Way and enters into PEF's existing easement, crossing Hartzog Road into the planned Gifford substation in southwestern Orange County. The OIC Alternate Corridor is designed to avoid the western edge of the OIC development in Osceola County and commences at the Applicants' Preferred Corridor 2,000 feet south of Funie Steed Road/Oak Island Road on the west side of SR 429, where it turns northwest and proceeds approximately 2,000 feet, and then turns northeast and proceeds approximately 2,000 feet, in an approximate horseshoe shape, to rejoin the Applicants' Preferred Corridor along SR 429. A series of aerial photographs showing both proposed corridors is found at Applicants' Exhibit 21; a map showing both proposed corridors is also found at Department Exhibit 3, page 2. The Application Project Description An electrical transmission line is designed to transport large amounts of electrical power from a generating facility or substation to one or more substations. At the substation, the electricity voltage can be either increased or reduced for further transport or for distribution directly to end users. The Applicants are seeking certification of their Preferred Corridor between the existing Lake Agnes substation and the planned Gifford substation, within which the Applicants will ultimately construct the transmission line on a narrow ROW. Once all property interests in the ROW are acquired, the boundaries of the certified corridor will shrink to the typical width of the 25 to 100-foot wide ROW. In some cases, the ROW will be co-located with an existing transmission ROW that is 145 feet wide. The Project is a joint venture between the Applicants. Of the approximately 27.5 miles of the proposed Lake Agnes- Gifford Line, approximately 10.5 miles are in TECO's service territory and approximately 17 miles are in PEF's service territory. The objectives for the Project are to provide a 230 kV electrical path that connects the existing Lake Agnes substation to the planned Gifford substation, providing a reliable path for the transmission line and reducing the impacts to the community and the environment while maintaining the integrity of Florida's transmission grid. Need for the Line The PSC determined that a new 230 kV transmission line between the existing Lake Agnes substation and the planned Gifford substation is needed, taking into account the need for electric system reliability and integrity and the need to provide abundant, low cost electrical energy to assure the economic well-being of the citizens of the State. The objectives of the Project are to serve the increasing electrical load in the region, to maintain reliability of electrical service within the region, and to minimize future overhead exposure outages within the regional transmission system. The PSC found that the existing Lake Agnes substation and the planned Gifford substation constitute the starting and ending points for the proposed line. The PSC noted that the additional transmission capacity is needed to be in service by June 2011. The PSC also recognized that the Siting Board will make the final determination concerning the route selection upon consideration of the factors and criteria specified in Section 403.529, Florida Statutes. Transmission Line Design The typical design for the transmission line will be a single-shaft tubular steel or spun concrete structure, with the capability of accommodating an additional 230 kV circuit. The poles are proposed to range in height from 85 feet above grade to 175 feet above grade, with the conductors framed in a vertical configuration. Three conductor phases will be used, and each of the three conductors is anticipated to be a bundled 954 Aluminum Conductor Steel Support/Trapezoidal Wire. The conductor is 1.08 inches in diameter with a weight of approximately 1.23 pounds per foot. There will also be a smaller overhead ground wire to provide lightning protection for the transmission circuit. The maximum electrical current rating is 3,000 amperes. The open span length between structures will typically vary between 500 and 1,000 feet, depending on site-specific conditions. Both pole height and span length may vary to accommodate various site-specific conditions that may be encountered, to take advantage of the terrain, to potentially address community concerns, and to avoid environmentally sensitive areas. Existing roadways, access roads, and structure pads will be used for construction and maintenance access to the transmission line wherever practicable. Access roads and structure pads will be constructed only where necessary to provide access for construction, maintenance, and emergency restoration. Where constructed, the typical road top width will be 16 feet, with a 2-to-1 side slope, and a typical elevation of feet above the seasonal high water line. Structure pads will have variable sizes but are typically 75 feet by 150 feet. The structure pads are designed to provide a dry, stable surface for staging material and for equipment setup. Culverts may be installed beneath access roads and structure pads with the specific design reviewed by the appropriate regulatory agencies. The design will be similar to previously approved designs. The proposed design of the transmission line complies with good engineering practices. It will be designed in compliance with all applicable design codes and standards, including the North American Electrical Reliability Corporation's standards, the National Electrical Safety Code, the noise ordinances of Polk, Orange, and Osceola Counties, the Department's regulations on electric and magnetic fields, the Florida Department of Transportation's Utility Accommodation Manual, the standards of the American Society of Civil Engineers, the Institute of Electrical and Electronics Engineers, the American Society of Testing and Materials, the American Concrete Institute, and the American National Standards Institute, the requirements of applicable regulatory agencies, as well as the Applicants' own numerous transmission design standards. There are no applicable designs or standards with which the transmission line will not comply. Transmission Line Construction The initial phase of construction is to survey and clear the ROW. Because much of the length of the corridor is co-located, that is, grouped or placed side by side, with existing roads and utility facilities, the need for clearing has been minimized. Where existing ROW widths are insufficient for placement of the transmission Line or where the transmission line will go cross-country, additional clearing will be necessary. Upland areas will be cleared to ground level. In forested wetlands, the Applicants have committed to use only restrictive clearing methods. Restrictive clearing will be used in wetlands to clear vegetation from the transmission line centerline to 50 feet on each side of the outer conductors and in work areas approximately 64 feet by 150 feet around structure sites. In wetland areas, low-growing herbaceous vegetation can remain within the ROW; stumps in the area beyond 20 feet on either side of the outer conductors will be left in place to preserve the root mat. During clearing, best management practices will be utilized to control erosion. After the ROW is cleared, any necessary access roads and structure pads will be constructed. The Applicants have committed to use existing access roads and public roads for access to the transmission line to the extent practicable. Where existing access is not available, the Applicants have committed to construct access roads and structure pads in a manner which reduces or eliminates adverse impacts to on-site and adjacent wetlands to the extent practicable. The next phases of construction involve the physical transmission line construction, including material hauling and spotting, pole setting and framing, and conductor stringing activities. The newly-constructed structure pads are used to provide a stable and dry platform for the material staging and equipment. The foundations are constructed. The pole materials and other materials will be hauled to each specific structure site. The pole sections will then be jacked together on the ground. The insulators and hardware will then be framed up on the ground. Next, the top pole section will be lifted by crane and placed on the foundation base that was previously set. Poles will typically be installed 30 to 50 feet below ground. The conductor stringing activities occur next. Reels of wire and wire tensioning equipment will be brought to the job site and set up at dead-end locations. The construction crew will install stringing blocks or pulleys on each structure where the conductor will be pulled through. Once the conductors are pulled in, the conductor will be secured at the dead-end locations, and the wires will be sagged and tensioned appropriately to maintain vertical clearances. Finally, the conductor is secured to the insulator attachment and the pulleys and blocks are removed from each structure. The final stage of construction is the cleanup stage. This involves a final inspection of the area to remove the silt fences and hay bales, to clean up excess spoils from the foundation excavations, to repair or replace fencing, and to replace and secure gates. Throughout construction, in areas where soil is disturbed, sedimentation management techniques, such as the use of silt screens and hay bales, or other best management practices, will be employed as necessary to minimize potential impacts from erosion and sedimentation. While each phase of construction will typically take up to two weeks at each structure location, the construction crew will normally be active for two to four days at a typical structure location. Construction for the entire project is expected to last approximately eighteen months. Methodology for Choosing Applicants' Preferred Corridor The Applicants established a multidisciplinary team to identify a corridor for the transmission line. The role of this team was to select a certifiable corridor based on an evaluation of environmental, land use, socioeconomic, engineering, and cost considerations. The multidisciplinary team was composed of experts in land use, engineering, and environmental disciplines and included representatives of the two utilities, outside legal counsel, and various consultants. Corridor selection methodologies were designed to be integrative of multidisciplinary siting criteria, regional and objective in decision-making, sensitive to social and environmental conditions, responsive to regulatory requirements, reflective of community concerns and issues, and capable of accurate documentation and verification. The team engaged in four major steps: to establish and define the project study area; to conduct regional screening and mapping; to select and evaluate candidate corridors using both quantitative and qualitative analysis; and finally to select the preferred corridor and identify the boundaries of that corridor. The team's work included a number of field studies, data collection, internal meetings, and meetings with the public. In defining the project study area, the multidisciplinary team identified the starting and ending points for the proposed transmission line, the locations of existing and planned substations in the area, the service boundaries of the utilities, and major roads in the area. In regional screening, the multidisciplinary team gathered data from a variety of sources to identify the different types of opportunities and potential constraints for siting a transmission line in the project study area. The multidisciplinary team developed a regional screening map, received in evidence as Applicants' Exhibit 24, which was prepared by the team using generally publicly available information including Geographic Information System (GIS) mapping. The map data were collected from various state agencies and local governments; information was gathered from the Florida Geographic Data Library (which distributes GIS data), the Florida Natural Areas Inventory, and most of the agencies involved in this proceeding. Various environmental and land use data were mapped as were existing infrastructure, archaeological/historical sites, and information gathered on roads, railroads, rivers, waterbodies, and the like. These represented primarily potential siting constraints or siting issues within a particular study area. The regional screening map was then used to identify route segments. Using the regional screening information, the multidisciplinary team selected corridor segments for consideration using quantitative analysis of the data gathered in the earlier stages of the process. The team then evaluated the corridor segments using both quantitative and qualitative criteria. The multidisciplinary team gathered data on siting opportunities and constraints within the study area and identified sixty line segments which could be assembled into a total of 1,187 potential candidate corridor combinations. Using a predefined set of quantitative environmental, land use, and engineering criteria, each corridor segment was measured for those resources. Using the weights developed by the team for each criterion, the weights were applied and tabulated for all candidate corridor segments. The candidate corridors were then ranked in order from best to worst based on the quantitative weighted scores. Once the rankings were performed, the five highest- ranked candidate corridors were subjected to further quantitative and qualitative evaluation. These candidate corridors were evaluated using predetermined qualitative criteria which do not lend themselves easily to quantification, such as safety and buildability. At the completion of the evaluation, the multidisciplinary team deliberated and ultimately chose a preferred corridor. Once the preferred corridor was selected, the multidisciplinary team defined the boundaries of the Applicants' Preferred Corridor. The team developed corridor boundaries of varying widths - - narrowing the corridor to avoid siting constraints or widening the corridor to take advantage of siting opportunities. Public Involvement in the Corridor Selection Process The Applicants engaged in an extensive public outreach program, the purpose of which was to inform and educate the public about the project and to invite public input from the public in the corridor selection process. The public outreach program included a series of direct mailings, surveys, open houses, extensive communications with regulatory agency officials and local elected officials, a project web page by both Applicants and the Department, a toll-free telephone number, and newsprint advertisements. There were two direct mailings as a part of the public outreach program. The first mailing went to approximately 7,900 customers with a map of the project area, a fact sheet, and an invitation to one of three open houses to be held. One open house was conducted in Polk County, while two open houses were conducted in Lake County in close proximity to the project area. Following the completion of the open house process, a second mailing was sent to approximately 6,000 customers identifying the preferred corridor chosen during the evaluation process. The names of the mailing recipients were obtained by identifying the properties located within certain distances in both directions from the centerline of the candidate corridors. The Property Appraisers' Offices of Polk, Osceola, Orange, and Lake Counties were a source for this information. The mailings were also sent to the homeowners' associations along the candidate corridors. The Applicants plan additional mailings if a corridor for the transmission line is certified. Additional informational open houses will also be held, and the transmission structures and potential locations will be identified at that time so the public can be informed. As part of the public outreach, the project also ran a series of five advertisements in local newspapers. The first series of advertisements notified the public of the three open houses: a newspaper advertisement was run on August 9, 2007, in The Lakeland Ledger, The Winter Haven News Chief, and The Orlando Sentinel for the first open house, and for the second and third open houses, a newspaper advertisement was run in The Lakeland Ledger, The Hometown Sun, The Winter Haven News Chief, The Report, West Orange Times, South Lake Press, Osceola News- Gazette, and The Orlando Sentinel. The second advertisements notified the public of the filing of the Application in December 2007 in The Tampa Tribune, The Lakeland Ledger, The Winter Haven News Chief, The Osceola- News Gazette, and The Orlando Sentinel. In March 2008, a third series of advertisements was run in The Orlando Sentinel, The Lakeland Ledger, and The Osceola News-Gazette to notify the public of the certification hearing. In June 2008, a fourth series of advertisements was run notifying the public of the rescheduling of the certification hearing; this advertisement was published by OIC in the Osceola County section of The Orlando Sentinel and this advertisement was published by the Applicants in The Lakeland Ledger and the Orange County section of The Orlando Sentinel. Finally, in August 2008, a notice regarding the second week of hearing was published in The Osceola News-Gazette, The Lakeland Ledger, and The Orlando Sentinel. Copies of the Application were maintained for public inspection during the certification process at the TECO offices in Tampa and Winter Haven and at the PEF offices in St. Petersburg, Lake Wales, and Lake Buena Vista. In addition, a copy of the Application was provided to the Hart Memorial Central Library and Ray Shanks Law Library in Kissimmee, the Orlando Public Library in Orlando, the Bartow Public Library in Bartow, and the Auburndale Public Library in Auburndale. The public outreach program was integrated into the corridor selection process. The public's input included information about anticipated road expansions and modifications as well as proposed residential developments in the project area. A few members of the public complained at the public hearing that they were unaware that a new transmission line corridor was being proposed until just before the hearing. However, the evidence shows that long before the certification hearing, information concerning this process was widely disseminated through advertisements, open houses, mass mailings, surveys, and meeting with regulatory agencies and local elected officials. See Findings of Fact 33 and 35-37, supra. Detailed Description of the Applicants' Preferred Corridor The Applicants' Preferred Corridor provides significant opportunities for co-location with other linear facilities such as roads, a natural gas pipeline, and other transmission lines. Co-location is an important benefit from the perspectives of engineering, ecology, and land use because it results in reduced impacts from the new transmission line, reduced ROW needs (or land acquisition needs) for the new line, reduced need for new clearing of land, reduced impacts to wetlands by co-locating with previously-disturbed areas, and reduced incremental impacts by co-locating with an existing linear facility. The Preferred Corridor exits the existing Lake Agnes substation and extends east-northeast approximately 18.9 miles within, adjacent to, or in proximity to the OUC McIntosh-Taft transmission line ROW, which generally runs parallel to I-4, across Polk and Osceola Counties. The Applicants' Preferred Corridor crosses Loughman Road (now known as Ronald Reagan Boulevard) and Old Lake Wilson Road. In this area, the land use includes water utility infrastructure in addition to I-4 and the OUC transmission line. Near the Lake Agnes substation, the land uses include some individual residences, as well as undeveloped land now used as pasture, citrus groves, and the Hilochee Wildlife Management Area. The land uses along I-4 and the OUC transmission line include residential development, undeveloped land north of Ronald Reagan Boulevard and south of Champions Gate and U.S. Highway 27, and the Hilochee Wildlife Management Area. In the area of U.S. Highway 27, there is considerable residential development and mixed-use development to the east and west of the Preferred Corridor. The ecological communities in this area include the Green Swamp Wildlife Management Area (also known as Green Swamp East Tract) north of I-4 and the Hilochee Wildlife Management Area. The ecological communities within the Preferred Corridor include residential areas, improved pastures, forested wetlands, pine flatwoods, and freshwater marsh. At the I-4 and SR 429 interchange, the Preferred Corridor turns and continues north along the Daniel Webster Western Beltway (SR 429), co-locating in the SR 429 ROW for approximately 8.6 miles. The land uses beginning at the I-4 and SR 429 interchange and northward to U.S. Highway 192 include residential communities on both the east and west sides of the Preferred Corridor, a large regional wastewater treatment facility on the west side of the Preferred Corridor, and undeveloped land, as well as resort, residential, and commercial development. Between U.S. Highway 192 and the planned Gifford substation, the land uses include a number of mixed-use and residential developments and golf course communities on the east and west side of the Preferred Corridor, as well as undeveloped land that is used for agricultural purposes and as part of wetland systems. The ecological communities in this area include the large Davenport Creek Swamp to the west of SR 429 and Reedy Creek to the east of SR 429; ecological communities within the Preferred Corridor include citrus, improved pasture, pine and pine oak forest, freshwater wetlands, and forested wetlands. The Applicants have agreed to adjust the eastern corridor boundary in the area south of Funie Steed Road/Oak Island Road and north of the southern boundary of the OIC residential development to be 55 feet east of the edge of the SR 429 ROW, rather than the originally-proposed 100 feet east of the edge of the SR 429 ROW. This adjustment was made at the hearing in response to concerns raised by OIC. By making this adjustment, the impact on the homes in the OIC community will be substantially diminished. The Applicants' Preferred Corridor then turns west and exits the SR 429 ROW just north of Western Way and enters into PEF's existing easement, crossing Hartzog Road into the planned Gifford substation. The land use in this area of the planned Gifford substation is predominantly additional utility infrastructure associated with wastewater treatment facilities. The width of the Preferred Corridor varies along its entire length to provide flexibility within the corridor to avoid or minimize impacts to such areas as large wetland areas, to provide flexibility at large road intersections, and to take advantage of existing land patterns, property boundaries, and linear facilities. OIC's Application for Alternate Corridor Selection of the OIC Alternate Corridor Mr. von Behren indicated in testimony that he and fellow board members of the OIC Community Owners Association selected the OIC Alternate Corridor. Unlike the Applicants' Preferred Corridor, the OIC Alternate Corridor was selected by OIC without any public outreach to obtain input from the community. OIC did, apparently, pay attention to the property interests of OIC. No OIC property is traversed by, or adjacent to, the OIC Alternate Corridor; however, the OIC Alternate Corridor bisects the existing, nearby residential Emerald Island development. Detailed Description of OIC Alternate Corridor The OIC Alternate Corridor is located in the Osceola County portion of the Project and commences at the Applicants' Preferred Corridor 2,000 feet south of Funie Steed Road/Oak Island Road on the west side of SR 429, where it turns northwest and proceeds approximately 2,000 feet, and then turns northeast and proceeds approximately 2,000 feet, in an approximate horseshoe shape, to rejoin the Applicants' Preferred Corridor along SR 429. The land uses and ecological communities within the SR 429 portion of the OIC Alternate Corridor were described above in Finding of Fact 42, supra. The land use of the OIC Alternate Corridor where it deviates from the Applicants' Preferred Corridor is undeveloped lands between two components of the Emerald Island residential development. The undeveloped lands include pasture, shrub and brushland, and undisturbed, undeveloped freshwater marsh and forested wetlands. A portion of these wetlands provide water treatment and storage functions for the Lake Tohokepaliga Water Authority and are held within a conservation easement and subject to a water use permit. Design and Construction of Transmission Line within OIC Alternate Corridor The design and construction techniques described in Findings of Fact 13 through 23 will be the same if the transmission line is constructed, operated, and maintained in the OIC Alternate Corridor. The parties have stipulated that the transmission line can be constructed, operated, and maintained in the OIC Alternate Corridor in compliance with the regulatory and industry standards listed in Finding of Fact 16. Agencies' Review of Corridors Proper for Certification and Resulting Determinations State, regional, and local agencies with regulatory authority over the Project reviewed the Application and submitted to Department reports concerning the impact of the Project on matters within their respective jurisdictions, as required by Section 403.526(2), Florida Statutes. Eleven regulatory agencies reviewed the Application, and nine reviewing agencies submitted reports on the Project, and have proposed Conditions of Certification. None of the agencies involved in the review process recommended that the proposed corridor be denied or modified. On May 30, 2008, the Department issued its Written Analysis on the Project, incorporating the reports of the reviewing agencies and proposing a compiled set of Conditions of Certification. The Department recommended that the Applicants' Preferred Corridor be certified subject to appropriate conditions of certification. Three reviewing agencies submitted supplemental reports on the OIC Alternate Corridor on or before June 20, 2008, again proposing Conditions of Certification. On July 7, 2008, the Department issued its Supplemental Written Analysis on the Project, including the OIC Alternate Corridor, incorporating the supplemental reports of the reviewing agencies and proposing a comprehensive set of Conditions of Certification. The Department did not recommend approval of the OIC Alternate Corridor, although it found the alternate corridor to be certifiable. In its Supplemental Written Analysis, the Department stated: Given the alternate corridor is likely to have a higher impact on the environment as well as additional cost, the Department does not find the alternate corridor to be superior to the preferred corridor, although either corridor is ultimately certifiable. Department Exhibit 3, page 4. Whether and Extent to Which Each Corridor Will Comply with Criteria in Section 403.529(4), Florida Statutes Ensure Electric Power System Reliability and Integrity The PSC decided that there are regional transmission system limitations in the I-4 corridor between Polk County and the greater Orlando area due to projected load growth in the 2008-2011 timeframe. The PSC found that the new 230 kV line is needed by June 2011 to preserve electric system reliability and integrity in order to: provide additional transmission transfer capability along the I-4 corridor to move electricity generated in the Polk County region to load centers in the Greater Orlando area in a reliable manner consistent with the North American Electric Reliability Council (NERC) and the Florida Reliability Coordinating Council (FRCC) and other applicable standards; b) serve the increasing load and customer base in the projected service area; and (c) potentially provide for another electrical feed via a separate Right of Way (ROW) path, thereby reducing the impact of a loss of the existing transmission facilities on a common ROW. The PSC further decided that the transmission line is the most cost-effective and efficient means to both increase the capability of the existing 230 kV network and serve the increasing load and customer base in the Central Florida region. The transmission line can be constructed, operated, and maintained in either the Applicants' Preferred Corridor or the OIC Alternate Corridor to provide electric power system reliability and integrity. Even so, the evidence shows that the Applicants' Preferred Corridor better provides electric power system reliability and integrity than does the OIC Alternate Corridor because the Applicants' Preferred Corridor will involve a shorter length of line and because the Applicants' Preferred Corridor will involve fewer maintenance issues and access issues. The Applicants' Preferred Corridor is shorter by 1,472 feet than the OIC Alternate Corridor. Unnecessary length added to a transmission circuit introduces further exposure to the forces of nature which could impact reliability of a transmission line. The greater the line length, the greater the exposure or risk to reliability. The OIC Alternate Corridor also involves additional maintenance issues and access issues not raised by the Applicants' Preferred Corridor. For example, there is a risk of flooding because some of the areas within the OIC Alternate Corridor are used for overflow for nearby retention ponds. This flooding could cause an access problem if emergency or routine repairs or maintenance were needed. Meet the Electrical Energy Needs of the State in an Orderly, Economical and Timely Fashion The transmission line can be constructed, operated, and maintained in either the Applicants' Preferred Corridor or the OIC Alternate Corridor to meet the electrical energy needs of the State in an orderly, economical, and timely fashion. Nevertheless, the Applicants' Preferred Corridor better meets the State's electrical energy needs in an orderly, economical, and timely fashion than does the OIC Alternate Corridor because the OIC Alternate Corridor adds significant cost to the overall project and long-term costs associated with operation and maintenance. The OIC Alternate Corridor is estimated to cost $4.4 million more for construction than the Applicants' Preferred Corridor. The cost differential is caused by the need for more easement area, more access roads, the nature of the soils, the foundation requirements, the heavy angle requirements, and more wetlands mitigation of the OIC Alternate Corridor. For example, because the OIC Alternate Corridor is primarily located in wetlands, the OIC Alternate Corridor will require larger poles and larger pole foundations, which involve higher costs. In addition to the $4.4 million construction cost differential, the OIC Alternate Corridor will also involve additional maintenance costs throughout the life of the transmission line because there will be a higher cost and effort required for vegetation management and access road maintenance in the OIC Alternate Corridor than will be required for the Applicants' Preferred Corridor. Comply with the Applicable Nonprocedural Requirements of Agencies Construction, operation, and maintenance of the transmission line within either the Applicants' Preferred Corridor or the OIC Alternate Corridor will comply with applicable nonprocedural requirements of agencies. Electrical and Magnetic Fields The transmission line can be constructed, operated, and maintained in either the Applicants' Preferred Corridor or the OIC Alternate Corridor in compliance with the Department's standards for Electric and Magnetic Fields in Florida Administrative Code Rule Chapter 62-814, which limit the electric and magnetic fields associated with new transmission lines. The Applicants propose to use four different configurations for the transmission line depending upon the location. The options include a 230 kV single circuit on a 100- foot ROW, a 230 kV single circuit on the 185-foot ROW including the existing OUC McIntosh-Taft 230 kV line, a 230 kV single circuit roadside, and a 230 kV single circuit roadside with an additional 35-foot easement including the existing Boggy Marsh- Gifford and Four Corners-Gifford 69 kV lines. For each of these configurations, the Department's rule requires that the electric and magnetic fields (or energy forces) within the ROW and at the edge of the ROW be calculated to ensure compliance. The electric field is a field that is generated by voltage of a conductor, expressed as a kilovolt meter (kV/m). The magnetic field is a field produced by the current traveling along the conductor, expressed in milligauss (mG). Those portions of Florida Administrative Code Rule Chapter 62-814 that are applicable to this Project establish maximum values for electric and magnetic fields. Compliance with the electric and magnetic field requirements was calculated for each of the configurations that may be utilized for the Project. The results were then compared to the requirements of Florida Administrative Code Rule 62-814.450(3). The maximum expected values from all configurations for the electric fields and for the magnetic fields are all below the values set forth in the rule. The maximum voltage and current that is anticipated for the line during its life are used in making the calculations. However, it is highly unlikely that this condition would occur. It is anticipated that the maximum condition would occur less than five percent of the time while the transmission line is operating. In order to operate at the maximum condition, the conductor must be operating at its maximum temperature (which requires an extreme weather condition), and there would also need to be some type of system disturbance (such as an outage in the region). Levels for electric fields will be less at the normal operating levels and magnetic fields about fifty percent less. The levels of electric and magnetic fields from the transmission line are similar to the levels that would be expected to result from common household appliances. Noise Transmission lines can generate audible noise as a result of build-up of particles on the conductor. During periods of fair weather dust can collect on the conductor and that may cause low levels of audible noise. When rain is experienced, the dust is washed off but replaced with water droplets on the conductor that create a condition that results in slightly higher levels of audible noise. The noise levels experienced during rainfall events are temporary, and the noise is reduced as soon as the water droplets evaporate from the conductor. The expected levels of noise are generally calculated using an industry-standard software program called the Bonneville Power Administration Field Effects Program. The calculations performed for the transmission line show that the maximum audible noise levels at the edge of the ROW would range up to a high of 37.6 dBA. This noise level is similar to the upper noise level in a library, and less than the living room noise in a suburban area. Also, during rainfall events, when the maximum noise levels are expected, the rain will tend to mask the sound from the transmission line. The calculated noise levels for the transmission line indicate that the noise levels that will be produced will not be a significant issue. Further, the calculated noise levels will comply with all applicable audible noise ordinances in Polk, Osceola, and Orange Counties. Be Consistent with Applicable Local Government Comprehensive Plans, If Any The transmission line can be constructed, operated, and maintained in either the Applicants' Preferred Corridor or the OIC Alternate Corridor to be consistent with applicable provisions of local government comprehensive plans, if any. The Polk County Comprehensive Plan identifies electric transmission and distribution facilities as a permitted use in all land use categories. The Osceola County Comprehensive Plan and the City of Auburndale Comprehensive Plan identify utility and public facilities as allowable uses in all land use categories provided that the TLSA standards and other regulatory standards are met. The Orange County Comprehensive Plan identifies utility and public facilities as allowable uses in all land use categories. The Reedy Creek Improvement District Comprehensive Plan identifies that utility corridors are allowable uses where no other alternatives are feasible. The PSC found that the Applicants considered four alternatives to the Project and none were feasible. Further, the Applicants considered a number of alternatives in the corridor selection process and considered the OIC Alternate Corridor and selected the Applicants' Preferred Corridor as the best choice among the various corridors. See Finding of Fact 102, infra. After certification of this project, the transmission line will be located and constructed entirely within established rights-of-way, including easements acquired after corridor certification. Construction of transmission lines on such established ROWs is excepted from the definition of "development" in Section 163.3164(6), Florida Statutes. Accordingly, the provisions of the local comprehensive plans related to "development" that have been adopted by the local governments crossed by the transmission line are not applicable to this project. No variances or exemptions from applicable state or local standards or ordinances are needed for the project. Effect a Reasonable Balance Between the Need for the Lake Agnes-Gifford 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 Lake Agnes-Gifford Transmission Line and Construction, Operation, and Maintenance of the Transmission Line The Applicants' Preferred Corridor was chosen using a multidisciplinary team of experts to minimize impacts upon the public and the environment. Impacts Upon the Public The land uses found in the area of the Applicants' Preferred Corridor and the OIC Alternate Corridor are compatible with transmission lines; there are many locations throughout Florida where transmission lines similar to the proposed transmission line coexist with these land use patterns. Both the Applicants' Preferred Corridor and the OIC Alternate Corridor are appropriate locations for a transmission line from a land use perspective, but the Applicants' Preferred Corridor is a better location in relation to impacts upon the public. aa. Co-location with Existing Linear Facilities The Applicants' Preferred Corridor is co-located with existing linear facilities for nearly its entire length. In choosing among the candidate corridors considered by the multidisciplinary team, the Applicants' Preferred Corridor was chosen with reference to maximizing co-location with existing linear features, including transmission lines, highways, and natural gas pipelines. Co-location is advantageous because the existing linear facilities often provide existing access, minimizing the need for new access roads, the need for new clearing, and the need for further encumbrance of additional land. By following these existing linear features, the Applicants' Preferred Corridor conforms to existing and future development patterns and minimizes intrusion into surrounding areas. Further, there is less of an incremental difference in impacts from adding a linear facility to an area of existing linear facilities than from adding a linear facility to a presently unencumbered area. In contrast, the OIC Alternate Corridor follows an area of undeveloped land and thus does not offer the advantages of co-location. bb. Impacts upon Residential Development In choosing among the candidate corridors, minimizing the number of homes within the corridor was a significant criterion considered by the multidisciplinary team. It is an advantage for the OIC Alternate Corridor over the Applicants' Preferred Corridor that the OIC Alternate Corridor has fewer homes within the corridor than does the Applicants' Preferred Corridor. However, it is a disadvantage for the OIC Alternate Corridor that it bisects two components of the Emerald Island residential development. The impacts of the Applicants' Preferred Corridor on OIC homes is minimal. The "residents" of the OIC development are predominantly short-term renters or vacationers who will be in proximity to the transmission line for only a few weeks' duration. (Many of the homes are owned by citizens of the United Kingdom who rent the properties to vacationers visiting the area. There are, however, three permanent year-round residents in the development, including Mr. von Behren.) The Applicants have adjusted the eastern corridor boundary to no more than 55 feet from the edge of the SR 429 ROW in the vicinity of the OIC development. Further, the Applicants have committed that, if the Applicants' Preferred Corridor is certified, there will be no existing homes within the eventual transmission line ROW. PEF's engineering expert testified that the Applicants' preferred location for the transmission line within the Applicants' Preferred Corridor in the vicinity of the OIC development is to be on the west side of SR 429, which would not impact any OIC homes. If that location is not feasible, the Applicants' preferred location for the transmission line within the Applicants' Preferred Corridor in the vicinity of the OIC development is to be on the east side of SR 429, with poles located 15 feet inside the DOT's ROW for SR 429, in which case the only property rights that the Applicants would need outside the DOT ROW would be no more than 30 feet for an overhanging aerial easement and access rights. These commitments by the Applicants mean that there are only three or four properties within OIC where the Applicants might need an aerial and access easement for the transmission line; the pole would be no nearer to those homes than approximately thirty feet. This evidence demonstrates that there will be very little impacts on the OIC residential development. Further, OIC raised concerns about existing vegetation with the OIC residential development. Those concerns are misplaced because PEF's engineering expert explained that the Applicants would avoid any vegetation that exists outside the SR 429 ROW, and that any vegetation that would be replaced would be within the SR 429 ROW. cc. Minimizing the Length of Transmission Lines in the Landscape The length of a transmission line in the landscape is important because it is a land use consideration to minimize the amount and length of linear facilities in the landscape. The shorter the linear facility, the less potential effects of the linear facility. This is an advantage for the Applicants' Preferred Corridor because it is shorter than the OIC Alternate Corridor. dd. Impacts to Conservation Lands The Applicants' Preferred Corridor has the advantage of avoiding conservation lands while the OIC Alternate Corridor in contrast crosses lands held for conservation purposes. The conservation lands include a parcel held for use by Osceola County as a stormwater retention and conveyance system, a parcel held by Emerald Island Resort as a conservation area, a parcel owned by the Lake Tohopekaliga Water Authority held in a conservation easement by SFWMD, and a parcel subject to a water use permit. The conservation easement expressly prohibits the construction of utility infrastructure within its boundaries. Although SFWMD's conservation easement could be amended by the underlying property owner to allow for crossing by the OIC Alternate Corridor, SFWMD prefers the Applicants' Preferred Corridor because it better avoids and minimizes impacts to wetlands. ee. Impact on Property Values At the public portion of the certification hearing, several members of the public testified in opposition to the Applicants' Preferred Corridor. A number of those testifying, including Mr. von Behren, expressed concern about the impact of the Project on property values, and the desire to have the Applicants seek another route. Although these concerns are genuine, the impact on property values is not a subject for consideration at this hearing. Impacts Upon the Environment The transmission line, whether constructed, operated, and maintained in the Applicants' Preferred Corridor or the OIC Alternate Corridor, will comply with all applicable state, regional, and local nonprocedural regulations, including the wetland regulatory standards applicable to such projects. The Applicants have committed to a variety of Conditions of Certification that require extensive measures to eliminate or minimize the potential environmental impacts. For example, within forested wetlands, the Applicants have committed to using restrictive clearing practices, removing only tall- growing trees and leaving understory (the lower layer of plants growing under a higher layer of plants) and root mats in place within the ROW. The Applicants have also committed to the use of existing access roads through wetland areas to the greatest extent practicable, and the construction of at-grade access roads where conditions allow. In addition, the Applicants have committed to compensatory mitigation to offset the loss of wetland functions, if any. Further, if the transmission line is constructed in either the Applicants' Preferred Corridor or the OIC Alternate Corridor, the transmission line design will allow for variable span length to avoid wetland impacts by spanning those areas upland-to-upland. Both the Applicants' Preferred Corridor and the OIC Alternate Corridor are appropriate locations for a transmission line from an environmental perspective, but the Applicants' Preferred Corridor is a better location in relation to impacts upon the environment. aa. Impacts to Vegetative Communities, Including Wetlands The Applicants' Preferred Corridor will have minimal environmental impact. Construction of the line within the Applicants' Preferred Corridor will cause minimal adverse ecological impacts for several reasons: regional screening was conducted to minimize inclusion of areas of ecological constraints, such as eagles' nests, undisturbed wetland habitat, protected species habitat, and forested areas; the width of the corridor provides flexibility when the final ROW is selected to avoid ecological resources within the corridor; because of the corridor's co-location with existing rights-of-way, there is a prevalence of developed areas within the Applicants' Preferred Corridor; where the Preferred Corridor traverses areas of natural vegetation, it does so largely in previously-disturbed areas, minimizing the amount of needed clearing and new access roads; and wetlands will be avoided by spanning them to the extent practicable. With respect to the Green Swamp, an area of 870 square miles, the Applicants' Preferred Corridor minimizes impacts by co-locating with the OUC transmission line ROW. Other candidate corridors considered by the multidisciplinary team would have involved clearing of undisturbed forested wetlands, including areas of mature cypress domes. In contrast, the transmission line will have more adverse environmental impacts if constructed, operated, and maintained in the OIC Alternate Corridor than the Applicants' Preferred Corridor because of the prevalence of undisturbed wetland habitat within the OIC Alternate Corridor as compared to the previously-disturbed habitat along SR 429 within the Applicants' Preferred Corridor. Construction of the transmission line within the OIC Alternate Corridor would result in greater forested and herbaceous wetland impacts and require greater alteration to previously-undisturbed areas. bb. Protected Species The Applicants have committed to a number of conditions of certification protecting species whether the Applicants' Preferred Corridor or the OIC Alternate Corridor is certified. For example, the Applicants have agreed to conduct pre-clearing surveys of the final ROW for protected species, and to consult with the Florida Fish and Wildlife Conservation Commission, the United States Fish and Wildlife Service, and the Department if any species are located within the ROW to address avoidance and mitigation measures. Impacts to listed plant and animal species from construction of the transmission line within the Applicants' Preferred Corridor are expected to be minimal because the corridor includes primarily previously-impacted areas which have limited suitability as protected species habitat and because of the Applicants' commitment to conduct pre-clearing species surveys. The Applicants' Preferred Corridor avoids or minimizes intrusion into the undisturbed wildlife habitats due to its co- location with existing linear facilities for almost its entire length. The current condition and relative value of function of the habitat within the Applicants' Preferred Corridor is generally minimal from a wildlife ecology and protected species perspective because it has been previously-disturbed through construction of major roadways. In the areas of undisturbed lands, the Applicants' Preferred Corridor is co-located with existing utility rights-of-way including a transmission line and natural gas pipeline that already disturb the area. The gopher tortoise is a protected species that has been documented to be located within the Applicants' Preferred Corridor and the OIC Alternate Corridor. Gopher tortoise habitat typically is not compromised by construction of transmission lines due to the relatively small ground footprint of disturbance and the maintenance of low vegetation within the ROW, which is suitable habitat for gopher tortoises. Thus, the transmission line is not expected to have significant impact on gopher tortoises. The impacts to protected species will be greater in the OIC Alternate Corridor than the Applicants' Preferred Corridor. The Applicants' Preferred Corridor includes two known locations of protected species; transmission lines are compatible with the habitat for these species. In addition, the habitat within the Preferred Corridor is not suitable for most protected species because it is previously disturbed where vegetation communities have already been cleared and converted to roadside ROW. In contrast, the OIC Alternate Corridor consists predominantly of undisturbed wetlands, which is habitat that is highly suitable for a number of protected species. Although there are no Florida Natural Areas Inventory-documented locations of protected species within the OIC Alternate Corridor, there are four field-documented protected species within the OIC Alternate Corridor. Further, the habitat is highly suitable for protected species because it is largely undisturbed, much is held in conservation easement, and it includes forested and herbaceous wetlands. cc. Floodplains The 100-year floodplain is an area, regulated by the Department and the water management districts, that demarks the area that would be inundated in severe flood events. The Applicants are required to provide compensating floodplain storage to offset the loss, if any, of floodplain storage caused by fill needed for the transmission line; this requirement is designed to avoid any flooding of adjacent properties that might be caused by the Project. Because of this requirement, one of the goals in corridor selection was to minimize impacts to the 100-year floodplain. Only a small portion of the Applicants' Preferred Corridor is located within the 100-year floodplain, while a large portion of the OIC Alternate Corridor is located within the 100-year floodplain. Further, the portions of the Applicants' Preferred Corridor that are located within the 100- year floodplain are located in areas that have been previously disturbed by the construction of SR 429 and would likely not involve significant further impacts to the 100-year floodplain. dd. Archaeological and Historical Resources The Applicants utilized information from the Department of State, Division of Historical Resources (DHR), to identify potential archeological and historical resources within the Applicants' Preferred Corridor. A number of locations were identified as a result of the information and the Applicants have committed, through the Conditions of Certification, to perform a cultural resources survey when the actual ROW is located. If any artifacts are discovered, the Applicants will notify the Department and DHR and consult with DHR to determine appropriate action. There is no difference between the impacts to cultural resources of the Applicants' Preferred Corridor and the OIC Alternate Corridor. The Need for the Lake Agnes-Gifford Line as a Means of Providing Abundant Low-Cost Electrical Energy The transmission line can be constructed, operated, and maintained in either the Applicants' Preferred Corridor or the OIC Alternate Corridor to meet the need for the transmission line as a means of providing reliable, economically efficient electric energy as determined by the PSC. The PSC determined that the proposed line is needed taking into account the factors set forth in Section 403.537, Florida Statutes. The PSC found that the Applicants evaluated four alternatives to the proposed transmission line. All of the alternatives were transmission modifications to the proposed ROW that used a portion of, or the entire existing, common ROW. The PSC accepted the Applicants' rejection of the alternatives primarily because of economic and reliability concerns. The PSC found that the proposed line will assure the economic well-being of Florida's citizens by serving projected new electric load in the region and improving the region's electric reliability by minimizing the region's exposure to single contingency events. Reasonable Balance Between the Need for the Lake Agnes- Gifford Line and the Impacts of the Line upon the Public and the Environment Expert witnesses in the fields of land use, engineering, and ecology with specializations in transmission line siting, permitting, design, and reliability have compared the corridors proper for certification and all concluded that the Applicants' Preferred Corridor effects a better balance between the need for the transmission line and the impacts of the line on the public and the environment from the perspective of their expertise than does the OIC Alternate Corridor. Conditions of Certification The transmission line can and will be constructed, operated, and maintained in either the Applicants' Preferred Corridor or the OIC Alternate Corridor in compliance with the Conditions of Certification, which are found in the Department's Exhibit 3. The Conditions of Certification establish a post- certification review process through which the final right-of- way, access road, and structure locations will be reviewed by agencies with regulatory authority over the project. The Applicants have agreed to the Conditions of Certification to minimize land use and environmental impacts of the construction, operation, and maintenance of the transmission line. The parties agree that the Conditions of Certification are consistent with applicable non-procedural requirements of the state, regional, and local agencies with regulatory jurisdiction over the transmission line, and that such conditions should be imposed on the certification, if granted, for either of the corridors under consideration in this proceeding.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Siting Board enter a Final Order approving Tampa Electric Company and Progress Energy Florida's Lake Agnes-Gifford 230 kV Transmission Line Application for Certification subject to the Conditions of Certification set forth in Department Exhibit 3. DONE AND ENTERED this 22nd day of October, 2008, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER 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 22nd day of October, 2008. COPIES FURNISHED: Lea Crandall, Agency Clerk Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 Thomas M. Beason, General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 Lawrence N. Curtin, Esquire Holland & Knight LLP Post Office Box 810 Tallahassee, Florida 32302-0810 Carolyn S. Raepple, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314-6526 Toni L. Sturtevant, Esquire Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 Gary von Behren, President Oak Island Cove Community Owners Association 2872 Blooming Alamanda Loop Kissimmee, Florida 34747-2252 Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Allen G. Erickson, Esquire Assistant County Attorney Post Office Box 1393 Orlando, Florida 32802-1393 Tasha A. Buford, Esquire Young Van Assenderp, P.A. Post Office Box 1833 Tallahassee, Florida 32302-1833 Martha A. Moore, Esquire Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899 Ray Maxwell, District Administrator Reedy Creek Improvement District 1900 Hotel Plaza Boulevard Lake Buena Vista, Florida 32830-8438 Jo O. Thacker, Esquire Osceola County Attorney One Courthouse Square, Suite 4200 Kissimmee, Florida 34741-5440 Emily J. Norton, Esquire Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 Mitchell B. Kirschner, Esquire Mitchell B. Kirschner, P.A. 1515 North Federal Highway Suite 314 Boca Raton, Florida 33432-1953 Steven I. Silverman, Esquire Kluger, Peretz, Kaplan & Berlin, P.L. 201 South Biscayne Boulevard, Suite 1700 Miami, Florida 33131-4332 Ruth A. Holmes, Esquire South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406-3007 Phil Laurien, Executive Director East Central Florida Regional Planning Council 631 North Wymore Road, Suite 100 Maitland, Florida 32751-4229 Patricia M. Steed, Executive Director Central Florida Regional Planning Council 555 East Church Street Bartow, Florida 33830-3931 Jennifer S. Brubaker, Esquire Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 Shaw P. Stiller, General Counsel Department of Community Affairs 2470 Centerview Drive Tallahassee, Florida 32399-2100 Laura Kammerer Bureau of Historic Preservation 500 South Bronough Street Tallahassee, Florida 32399-0250 Michael E. Duclos, Esquire Assistant County Attorney Post Office Box 9005, Drawer AT 01 Bartow, Florida 33830-9005 Kimberly C. Menchion, Esquire Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0458
The Issue The issue for determination is whether and the extent to which the proposed corridor by Tampa Electric Company (TECO) contained in its Application for Corridor Certification (Application) should be approved in whole, with modifications or conditions, or denied.
Findings Of Fact Based upon all of the evidence the following findings of fact are determined: Parties The TLSA establishes TECO and the Department as parties to this proceeding, and the following became parties upon their timely filing of a notice of intent to be a party, which each has done: Florida Department of Transportation (DOT), Department of Community Affairs (DCA), Southwest Florida Water Management District (SWRWMD), and Hillsborough County. See § 403.527(2), Fla. Stat. Although the Florida Fish and Wildlife Conservation Commission (FFWCC) did not become a party, the Department accepted its comments and recommended conditions in the agency report. On February 21, 2008, the City of Temple Terrace was accepted as a party without objection after the deadline for filing the notice of intent. § 403.527(2)(b), Fla. Stat. On February 25, 2008, Tom and Susan Watson filed a Petition to Intervene. Although this was after the deadline established in the prehearing schedule for becoming a party, TECO did not object based upon an agreement to conditions relating to the presentation of witnesses by the Watsons. Intervenors agreed to those conditions. Finally, Polk County did not file a notice of intent to be a party, but appeared without objection at the certification hearing. The Application Project Description Generally, an electrical transmission line's purpose is to transport large amounts of electricity from a generating facility to one or more substations. At the substation, the electricity can be either increased or reduced in voltage through transformers and other electrical equipment for further safe and practical transportation, or distribution directly to customers. TECO is seeking certification of a corridor between the planned Willow Oak substation located at the intersection of State Road 60 and Turner Road just northwest of Mulberry in Polk County, the existing Wheeler substation in Valrico, and the planned Davis substation in Temple Terrace, a span of approximately thirty miles, within which it will ultimately construct the line on a narrow right-of-way (ROW).2 Once all property interests in the ROW are acquired, the boundaries of the corridor will shrink to the typical width of the 25 to 100- foot ROW. In some cases, the ROW will be 300 feet wide. The objectives of the Project are to address: (a) the need, as confirmed by the PSC, to provide additional transmission reinforcement to the existing 230 kV transmission network north of State Road 60, west of the planned Willow Oak substation, and east of the existing River substation in a reliable manner consistent with the North America Electric Reliability Council (NAERC) and the Florida Reliability Coordinating Council (FRCC) and other applicable standards; (b) the need to serve the increasing load and customer base in the Project service area; and (c) the need to provide for another electrical feed via a separate ROW path, thereby reducing the impact of a loss of existing transmission facilities on a common ROW. Need for the Line In earlier proceedings before the PSC, it determined a new 230 kV transmission line between the planned Willow Oak, the existing Wheeler, and the planned Davis substations is needed, taking into account the need for electric system reliability and integrity and the need to provide abundant, low cost electrical energy to assure the economic well-being of the citizens of the State. The PSC found that the planned Willow Oak substation and the planned Davis substation constitute the appropriate starting and ending points for the proposed line. The PSC noted that the additional transmission capacity will be needed by 2012 and recognized that the Siting Board will make the final determination concerning the route selection upon consideration of the factors and criteria specified in Section 403.529, Florida Statutes. Transmission Line Design The typical design for the transmission line will be a single-circuit unguyed concrete pole structure using concrete or crushed stone back fill. The poles are proposed to range in height from 80 feet above grade to 125 feet above grade, with the conductors framed in a vertical configuration. Three conductors will be used, and each of the three conductors is anticipated to be a 1,590 aluminum conductor steel supported wire, with 45 strands of annealed aluminum that lay over seven steel strands. The conductor is 1.504 inches in diameter with a weight of approximately 1.7 pounds per foot. There will also be a smaller overhead ground wire to provide shielding and lightening protection for the conductors. The maximum current rating is 2,560 amperes. In some locations there could be a 69 kV and a distribution underbuild. Additionally, the vertical configuration will be adjusted to a horizontal configuration in the vicinity of the South Lakeland Airport to enable the height to be lowered to approximately 46 feet above grade to account for the air traffic. The open span length between structures will typically vary between 300 and 800 feet, depending on site-specific conditions. Both pole height and span length may vary to accommodate various conditions that may be encountered. Access roads and structure pads will be constructed only where necessary to provide access for construction, maintenance, and emergency restoration. Where constructed, the typical road top width will be 14 feet, with a 2-to-1 side slope, and a minimum elevation of between six inches and two feet. Structure pads will have variable sizes but are typically 75 feet by 75 feet. These are designed to support the equipment needed to install and maintain the transmission line. Culverts will be installed beneath access roads and structure pads with the specific design reviewed by the appropriate regulatory agencies. The design will be similar to previously approved designs. The design of the transmission line complies with good engineering practices. The transmission line will be designed in compliance with all applicable design codes, including the National Electrical Safety Code, the Department's regulations on electric and magnetic fields, the DOT Utility Accommodation Manual, the requirements of applicable regulatory agencies including the Department, SWFWMD, and PSC, as well as TECO's own design standards. The Project assures the citizens of Florida that operation safeguards are technically sufficient for their welfare and protection. Transmission Line Construction The initial phase of construction is to clear the ROW. Since much of the length of the corridor is collocated, that is, grouped or placed side by side, with existing roads and utility facilities, the need for clearing has been minimized. Clearing will consist mainly of tree trimming and the selective removal of trees. In areas owned by TECO clearing will range from a width of 25 to 100 feet. In forested areas in which a new line will be located, clearing will also be limited to 25 to 100 feet in width. In wetlands, trees capable of exceeding 14 feet in height that could come in conflict with the line will be removed by hand clearing or use of very low ground pressure equipment. Low growing herbaceous vegetation will not be cleared from wetlands. After the ROW is cleared, any necessary access roads and structure pads will be constructed. Typically, access roads and pads are not required in all areas. The next phases of construction involve the physical transmission line construction. Initially, the materials are assembled on the jobsite. Next, holes are augered at each pole location. The structures are framed with insulators and hardware that may be installed prior to the setting of the structure. After all appropriate operations relative to the assembly and framing have been performed on the ground, the top section of the structure is lifted with a crane and set on the previously installed base section. The two sections are then jacked together. Typically, the pole is embedded into the ground approximately 25 to 35 feet deep. After the poles have been installed and the hardware and equipment on the pole, including the insulators, have been installed, a wire pulling operation is conducted. In this phase, reels of wire, wire tensioning, and retarding equipment all will be mobilized. The locations generally include the dead end structures, but the length of the wire that can be placed on a reel may dictate the location of some of the equipment. Each structure must be equipped with hanging blocks or pulleys so the conductors may be pulled through smoothly for the entire length of the reel. Once the conductors are pulled in and secured at the dead end structures, the wires are sagged and tensioned appropriately to maintain vertical clearances. Finally, the pulleys are removed from each structure and the conductor is secured to the insulator attachment. The final stage of construction is the cleanup stage. This involves inspection of the entire project to ensure that all material has been cleaned up, removal of all silt fences, hay bales, excess spoils, or dirt from the foundation excavation, and ensuring that the gates and fences have been properly restored or installed. Throughout construction, sedimentation management techniques, such as the use of silt screens and hay bales, or other best management practices, will be employed as necessary to minimize potential impacts from erosion and sedimentation. While each phase of construction will typically take up to two weeks in a particular location, the construction crew will normally be active for two to four days at a typical structure location after the necessary pads have been installed. Construction for the entire project is expected to last from twelve to eighteen months. Methodology for Choosing TECO Corridor TECO established a multi-disciplinary team to identify and evaluate routing alternatives within the Project Study Area. This multi-disciplinary team was comprised of experts in land use, engineering, and environmental disciplines. The team, which included both TECO representatives and outside consultants from ECT, engaged in a number of activities including data collection, preparation of a regional screening map, the identification of alternative route segments, the development of criteria to evaluate the route segments, the actual evaluation both quantitatively and qualitatively of these routes, and the ultimate selection of the preferred route which was accepted by TECO. Members of the public assisted in this effort throughout the development of the proposed corridor. The objective of the corridor selection study was to select a corridor that could be certified balancing land use, socioeconomic, environmental, engineering, and cost considerations. Corridor selection methodologies were designed to be integrative of multidisciplinary siting criteria, regional and objective in decision-making, sensitive to social and environmental conditions, responsive to regulatory requirements, reflective of community concerns and issues, and capable of accurate documentation and verification. The selection process consisted of three tasks including (a) project and study area definition; (b) resource mapping and alternative route delineation; and (c) evaluation of alternative routes and selection of the proposed corridor. Due to the dense and urban nature of the TECO service area, it was difficult to find areas with no population or development for a corridor. The multidisciplinary team developed a regional screening map, received in evidence as TECO Exhibit 14, which was prepared by the team using generally publicly available information including Geographic Information System (GIS) mapping. The map data were collected from various state agencies and local governments. Information was gathered from the Florida Geographic Data Library (which distributes GIS data), the Florida Natural Areas Inventory, and most of the agencies involved in this proceeding. Various environmental and land use data were mapped as were existing infrastructure, and information gathered on roads, railroads, rivers, waterbodies, and the like. These represented primarily siting constraints or siting issues within a particular study area. The regional screening map was then used to identify route segments. The licensing team used the regional screening map as the first step in identifying the various route segments that connected the three substation locations at Davis, Wheeler, and Willow Oak. TECO's multi-disciplinary team gathered data on siting opportunities and constraints within the study area and identified forty-one line segments which could be assembled into a total of four hundred twenty-three potential route combinations. Using a predefined set of ten environmental, land use, and engineering criteria, each route segment was measured for those resources. Using a software program developed by ECT, the data was entered and totaled for each route combination. Using the weights developed by the licensing team for each criterion, the weights were applied and tabulated for all routes. The routes were then ranked in order from best to worst based on the weighted scores. Once the rankings were performed, the top ranked routes were subjected to further evaluation. These routes were high in scoring but somewhat different in the path that they took between the three substation locations. They were then evaluated using predetermined qualitative criteria, which included such things as homes in proximity to the route. The analysis included an examination of where the homes were located along the route, whether they are scattered and easily avoided with the placement of a corridor, or whether they are clustered together in a fashion making it difficult to avoid them in placement of the corridor. Numerous driving surveys of the various routes were performed during this phase where the routes were publicly accessible, and a helicopter flyover was also completed. At the completion of the evaluation, a recommendation was made for a proposed route, which was accepted by TECO. Once the proposed corridor location was selected, the team examined various siting issues within and along the route and developed corridor boundaries of varying widths. In some areas a much wider width was needed to provide flexibility for siting, while a more narrow width was needed in areas where siting issues were less and where there was a reasonable certainty concerning where the ROW could be located. TECO also engaged in an extensive public outreach program. The public participation program included open houses, mass mailings, surveys, a toll-free telephone number, newsprint advertisements, a website, and meetings with regulatory agencies and local elected officials. There were three direct mailings as a part of the public outreach program. The first mailing was a notification of four open houses that were to be held. One open house was conducted in Polk County, while three (Seffner, Plant City, and Temple Terrace) were conducted in Hillsborough County. Following the completion of the open house process, a second mailing was sent providing a summary of the survey results. The third mailing notified recipients that the Application was filed on October 12, 2007. Approximately 4,500 recipients were identified for these mailings. The names of the recipients were obtained by identifying the properties located within 500 feet in both directions from the centerline of the routes. The Hillsborough and Polk County Property Appraisers' offices were a source for this information as well as the TECO customer database. The Hillsborough County Office of Neighborhood Relations was consulted for a list of registered homeowners' associations. For the homeowners' associations, which numbered around two hundred, those that were within one mile in both directions from the centerline of the route were notified. The recipients of the notifications included property owners and tenants or lessees. The Hillsborough County Large Facilities Ordinance was used as a guide to identify the area of the notifications, although that Ordinance mandates a 250-foot notification distance from the centerline of the routes, and TECO actually used 500 feet on both sides of the centerline. The same distances were not used for recipients of each of the mailings. The distances described in Finding of Fact 27 were used for the first two mailings. For the third mailing, the proposed corridor had been selected. As a result, the distance was measured not from the centerline of the route, but from the edge of the corridor. This was done because in some areas the corridor was extended beyond the 500-foot limit and potential recipients would have been missed had the area of inclusion not been extended. Additional mailings are planned if the corridor is certified. Additional informational open houses will also be held, and the transmission structures and potential locations will be identified at that time so the public can be informed. As part of the public outreach, TECO also ran a series of four advertisements in local newspapers. The first newspaper advertisement was run on February 20, 2007, in The Tampa Tribune, Lakeland Ledger, Mulberry Press, Temple Terrace News, and Brandon News. Two more advertisements were run on February 28 and March 1, 2007, in The Tampa Tribune and Lakeland Ledger. These advertisements were in addition to the required public notices of the application being filed, the certification hearing being scheduled, and the public hearing being scheduled that were run on October 30 and December 27, 2007, and February 18, 2008. The required advertisements were run in The Tampa Tribune, Lakeland Ledger, and The Winter Haven News Chief. The February 18 notice of public hearing was also run in The Polk County Press. Copies of the Application were maintained for public inspection during the certification process at the TECO offices in Tampa and Winter Haven. In addition, a copy of the Application was provided to the John Germany Public Library in downtown Tampa, the Polk County Library in Bartow, and the Temple Terrace Library in Temple Terrace. All of the applications available for public inspection were updated as additional information was submitted to the Department. The public participation program provided substantive input to the route evaluation study in terms of study area boundary, siting opportunities, and constraints in the area, identification of route segments to be evaluated, and weights to be assigned to the route evaluation criteria. The cumulative responses of the public's ranking of the weights to apply to TECO's siting criteria were very comparable to the team's weighting indicating little significant difference in route ranking. Once the proposed alignment was identified, the multi- disciplinary team delineated the boundaries or width of the corridor to provide flexibility for locating the eventual ROW within that corridor. State, regional, and local agencies with regulatory authority of the Project reviewed the Application and submitted to the Department a report concerning the impact of the Project on matters within their respective jurisdictions, as required by Section 403.526(2), Florida Statutes. The Department compiled the reports and made a recommendation that the Project be granted approval subject to appropriate conditions. See Department Exhibit 2. The Department, SWFWMD, and DOT stipulated as to the certification of the Project subject to conditions of certification proposed by the Department. On April 16, 2008, the City of Temple Terrace and TECO entered into a separate stipulation for certification. None of the agencies involved in the review process recommended that the proposed corridor be denied or modified. No alternate corridors were filed for consideration by any of the parties. Further, no additional conditions of certification were proposed by any party at the certification hearing. Detailed Description of the TECO Corridor The proposed corridor provides significant opportunities for collocation with other linear facilities such as roads and transmission lines which provide the opportunity to reduce the amount of new access road construction, impacts to wildlife habitat, and other impacts. The width of the proposed corridor varies along the route to provide flexibility within the corridor to avoid impacts to such areas as existing developments, large wetland areas, and a bald eagle's nest. From the Planned Davis Substation to the Existing Wheeler Substation The western end of the corridor begins at the planned Davis substation site in Temple Terrace which is a large parcel owned by TECO. There is an existing substation there called the River substation and the planned Davis substation will be located in proximity to that existing substation. Land use is generally open land. This portion of the corridor is bordered on the west by the Hillsborough River and has a large area of pasture land on the east side with mixed hardwood swamp and cypress swamp on the western portion. Leaving the TECO substation property, the corridor travels east across Interstate 75 (I-75) and the width of the corridor in this area narrows to approximately 300 feet. This is also TECO property. As the corridor passes I-75 it approaches the Tampa Bypass Canal, which is owned by the SWFWMD. The corridor is expanded in this area to minimize the impacts on the SWFWMD operations along the Bypass Canal and on the recreational facilities located in the southwestern portion of the parcel used by Temple Terrace. Land is low density residential with a cemetery and a recreational facility. The property has pine/oak woods along the northwestern corner and a mixed hardwood swamp on the northeastern corner. The property is bisected north and south by the Tampa Bypass Canal. Once the SWFWMD property is exited the corridor turns due east for approximately 5.4 miles until south of Lake Thonotosassa, where it turns south. This portion is owned by TECO. The corridor is 300 feet wide. The western portion is primarily developing and developed lands surrounding the corridor and, as it proceeds east, it crosses more rural lands, pasture, strawberry fields, row crops, various agricultural operations, cattle grazing, and some citrus groves. A portion of the corridor contains a natural gas pipeline within TECO's property. In addition to the agricultural vegetation, there is a pine/oak area, some marsh, and some emergent aquatic vegetation, along with some ponds. The corridor crosses Baker Creek, a tributary to Lake Thonotosassa, which is north of the corridor. A mixed hardwood swamp and a cypress swamp are found here. The proposed corridor then turns south and approaches areas of developing or developed lands. TECO's fee ownership extends to the south. The corridor crosses Interstate 4 and, at the beginning of its intersection with U.S. Highway 92, the corridor has been expanded from approximately 3,100 feet up to 5,100 feet in width to avoid a bald eagle's nest and the scattered residences in the area. The widened corridor proceeds south to State Road 574 or Martin Luther King Boulevard. Land use is agricultural, low density residential, and undeveloped property. This area of the corridor contains some pine/oak woods, large areas of marsh, some crop land, some mixed hardwood swamp, and scattered residential development. Once the corridor crosses State Road 574 it narrows again to approximately 300 feet in width and is located on TECO property. The corridor then proceeds south to the existing Wheeler substation located off of Wheeler Road in Valrico. There is a large amount of development to the west of the corridor and developing lands to the east of the corridor. From the Existing Wheeler Substation to the Planned Willow Oak Substation From the existing Wheeler substation near Wheeler Road the corridor proceeds south slightly more than one mile and then turns east for approximately one mile before turning south to State Road 60. In this portion of the corridor the width is approximately 300 feet and it is located on TECO property. There are residential properties in the vicinity of the corridor, including the Diamond Hills and Sommerset subdivisions. The land use is generally medium density residential surrounding the corridor and also some agricultural lands. Land uses in this area include pasture land, pine/oak woods, crop land, marsh, open land, ponds, mixed hardwood conifer swamp, and pine flat woods. The corridor proceeds east along State Road 60, which is a major transportation corridor. The corridor is expanded to approximately 2,000 to 3,000 feet in this area to allow opportunities to follow other linear facilities that are located south of State Road 60, such as other transmission lines or roads. There are scattered residential properties with agricultural uses, strawberry fields, pastures, and some citrus in the area. Phosphate lands are located to the south of this segment of the corridor. The corridor proceeds along to the east. The majority of this area is reclaimed phosphate mining lands. The final segment of the proposed corridor has again been expanded to approximately 4,000 feet wide as it continues along both sides of State Road 60 and both sides of Old Hopewell Road. As the roads converge, the corridor is narrowed to approximately 500 feet. From there it proceeds to the planned Willow Oak substation in western Polk County. In this area there is existing development surrounding the substation site and proposed development along State Road 60. The South Lakeland Airport is in this area. Along State Road 60 there is a mix of commercial, residential, and some industrial properties. The Willow Oak substation site is located within open land. Compliance With Section 403.529(4) Criteria Ensure Electric Power System Reliability and Integrity The PSC found that there are regional transmission system limitations in northeast Hillsborough County. By 2012, the existing 230 kV transmission network will not have sufficient capability to provide reliable electric service to the existing and proposed substations. The PSC also found that some of the projected load to be served by the planned future distribution substations will be located further east and north of the existing 230 kV transmission network. The PSC determined that the proposed transmission line is needed by March 2012 to (a) provide additional transmission reinforcement to the existing 230 kV transmission network north of State Road 60, west of Willow Oak substation, and to the east of the existing River substation in a reliable manner consistent with the NERC, FRCC, and other applicable standards; (b) serve the increasing load and customer base in the projected service areas; and (c) provide for another electrical feed via a separate ROW path, thereby reducing the impact of a loss of the existing transmission facilities on a common ROW. The PSC concluded that the Project is needed to preserve electric system reliability and integrity. Meet the Electrical Energy Needs of the State in an Orderly and Timely Fashion The PSC recognized that TECO's planning studies indicate that the proposed line is needed by March 2012 to provide sufficient capability to provide reliable service to existing and proposed substations. The location of the proposed transmission line on the proposed corridor would meet the electrical energy needs of the state in a timely fashion. Comply with the Nonprocedural Requirements of Agencies Construction, operation, and maintenance of the proposed corridor will comply with applicable nonprocedural requirements of agencies. The Department has concluded that the Project as proposed will comply with all applicable Department statutes, rules, policies, and procedures. Be Consistent with Applicable Local Government Comprehensive Plans The Polk County Comprehensive Plan identified electric transmission and distribution facilities as a permitted use in all land use categories. In the Future Land Use Element of the Hillsborough County Comprehensive Plan, there are an objective and several policies that address bulk transmission lines. The policies address the locational criteria and public input. The policies will be met by the proposed transmission line. The City of Temple Terrace's Comprehensive Plan does not address bulk transmission lines. After certification of this project, TECO will acquire the necessary property interests in a ROW within the certified corridor for placement of the line. Construction of transmission lines on such established ROWs is excepted from the definition of "development" in Section 163.3164(5), Florida Statutes. Accordingly, the provisions of the local comprehensive plans related to "development" that have been adopted by the local governments crossed by the line are not applicable to this project. No variances or exemptions from applicable state or local standards or ordinances are needed for the project. Implementation of Legislative Intent in Section 403.521 The Need for the Line as a Means of Providing Abundant Low-Cost Electrical Energy The PSC determined that the proposed line is needed taking into account the factors set forth in Section 403.537, Florida Statutes. The PSC found that TECO evaluated three alternatives to the Project. All three were transmission modifications to the proposed ROW that used a portion of, or the entire existing, common ROW. The PSC accepted TECO's rejection of the alternatives primarily because of economics and reliability concerns. The PSC found that the proposed line will assure the economic well-being of the citizens of the state by serving projected new electric load in the region and improving the region's electric reliability by minimizing the region's exposure to single contingency events. Impact Upon the Public The proposed line is appropriate from a land use perspective. The Project takes advantage of the opportunity to be collocated with other transmission lines, roadways, and ROWs. By following these existing linear features, the corridor conforms to existing and future development patterns and minimizes intrusion into residential areas. As a result, the proposed line is in proximity to relatively few residences. The line as proposed will comply with all applicable nonprocedural agency standards, including the Department standards in Florida Administrative Code Rule Chapter 62-814 limiting the electric and magnetic fields associated with new transmission lines. TECO proposes to use five different configurations for the transmission line, depending upon the location. The options include a 230 kV single circuit roadside, a 230 kV single circuit roadside with a 69 kV underbuild, a 230 kV single circuit roadside with 69 kV and 13 kV distribution underbuild, a 230 kV single circuit for the South Lakeland Airport, and a 230 kV single circuit for use in the 300-foot existing TECO ROW. For each of these configurations the Department's rule requires that the electric and magnetic fields (or energy forces) be calculated to ensure compliance. The electric field is what is created underneath and outside of a transmission line as a result of placing voltage on the conductor. It is a byproduct of placing voltage on the conductor. The magnetic field is created as a result of the current traveling along the conductor. It is generally a magnetic flux field that surrounds the conductors and the transmission lines. Those portions of Florida Administrative Code Rule Chapter 62-814 that are applicable to this Project establish maximum values for electric and magnetic fields. The electric field is expressed as a kilovolt meter (kV/m) and compliance is required both within the ROW and at the edge of the right-of-way for the transmission line. The magnetic field is expressed as milliGauss (mG) and compliance is determined at the edge of the ROW. Compliance with the electric and magnetic field requirements was calculated for each of the configurations that may be utilized for the Project. The results were then compared to the requirements of Florida Administrative Code Rule 62- 814.450(3). See TECO Exhibit 21. The maximum expected values from all configurations for the electric fields within the ROW and at the edge of the ROW and for the magnetic fields at the edge of the ROW are all below the values set forth in the rule. The maximum voltage and current that is ever anticipated for the line during its life are used in making the calculations. However, it is highly unlikely that this condition would occur. It is anticipated that the maximum condition would occur less than five percent of the time while the transmission line is operating. In order to operate at the maximum level the conductor must be operating at its maximum temperature and the conductor would be at its lowest point in the span to create that condition. There would also need to be some type of system disturbance that would cause a maximum condition to occur. This would be a worst case scenario. Levels for electric fields will be less at the normal operating levels and magnetic fields about fifty percent less. Intervenors own property and live within the area of the expanded corridor between U.S. Highway 92 and State Road 574 in Dover. In this area TECO owns a 300-foot ROW originally considered for the corridor, which contains an eagle's nest. While this area is near the Intervenors' property, the proposed corridor is the entire area up to 5,100 feet in width, and the actual ROW location for the line has not yet been determined. Intervenors are primarily concerned about the potential health effects to their son caused by exposure to electric and magnetic fields from the transmission line in the vicinity of their property. In support of these concerns, they presented the prefiled, written testimony of Dr. Hanoch Talmor, a medical doctor in Gainesville, Florida, who has treated their son for over fifteen years. Doctor Talmor is a board-certified pediatrician who now specializes in the area of general holistic medicine. In his written statement Dr. Talmor states that Intervenors' son is at present nonambulatory and nonverbal. He also testified that he displays severe chemical sensitivities and is listed on the state chemically sensitive lists. Although he is not a neurologist, Dr. Talmor opined that because of the son's neurological involvement and his extensive medical history, he would be adversely affected by high voltage power lines near his home. He further testified that the son has seizures which can be affected by smells, sounds, visual stimuli, sleep patterns, and allergic reactions. During cross-examination, Dr. Talmor acknowledged that he is not familiar with the levels of electric and magnetic fields expected to result from this transmission line in the vicinity of Intervenors' property. Even so, he opined that the only safe levels of electric and magnetic fields with regard to human exposure would be at levels of zero. He admitted, however, that electric devices typically found in the household such as clocks, ovens, refrigerators, televisions, electric blankets, and the like, as well as electric wiring in the house, would be expected to produce electric and magnetic fields to which a person living in the house would be exposed. At the certification hearing, Dr. Talmor also discussed various research articles concerning this subject. In formulating his opinions, however, Dr. Talmor had reviewed only summaries and excerpts of the studies, rather than the complete studies. TECO presented the testimony of Dr. Laura S. Erdreich, an epidemiologist, who is familiar with the configuration for the transmission ROW that is proposed to be used in the vicinity of Intervenors' residence. Doctor Erdreich testified that she is familiar with the levels expected to be produced from the transmission line at the edge of the ROW. With regard to electric fields, Dr. Erdreich testified that the lowest level that has ever been proposed as being necessary for the protection of human health is 4.2 kV/m. This was by an organization called the International Commission for Non- Ionizing Radiation Protection (ICNIRP). The organization is based in Europe and is sponsored by the World Health Organization. The level that organization recommended is more than twice the maximum level of 2.0 kV/m found in Florida Administrative Code Rule 62-814.450(3)(a). The maximum expected electric fields at the edge of the ROW for the Project in the vicinity of Intervenors' residence is 0.1 kV/m. For magnetic fields, Dr. Erdreich testified that the ICNIRP proposed a level of 833 mG as being protective of human health based on exposure. This is the lowest level that has been proposed by any regulatory authority or similar body based on potential health effects. In contrast, Florida Administrative Code Rule 62-814.450(3)(d) provides in relevant part that the "maximum magnetic field at the edge of a 230 kV or smaller transmission ROW . . . shall not exceed 150 mG." This value is much greater than the 13.6 mG maximum level expected at the edge of the TECO ROW and in the vicinity of Intervenors' home. Under typical operational conditions, the expected magnetic field would be approximately 7 mG, which is less than one percent of the health-based exposure limit recommended by the ICNIRP. Doctor Erdreich also testified that she is familiar with the research that has been conducted concerning health effects from environmental exposure to electric and magnetic fields. The research includes epidemiological studies of humans in the natural environment, laboratory studies which typically expose all animals to high levels often for nearly their entire lifetime, and studies of cells and tissues in laboratories to try to isolate the mechanism that may affect humans. The amount of research being performed has been reduced over the last few years because, despite considerable research, an adverse effect from exposure to humans at environmental levels has not been substantiated. Additionally, causal associations between exposure and health effects have not been found when the data and research have been reviewed by committees of scientists of various disciplines. Doctor Erdreich testified that she is aware of the studies that were referred to by Dr. Talmor as well as other studies on the subject. Although the subject of exposure to low levels, even on a long-term basis, such as levels less than 10 mG, has been studied extensively, she noted that the findings have been that magnetic fields have no known effect on the human body until exposure to levels well above 1,000 mG. The United States Government does not regulate electric and magnetic exposure except in occupational settings. There are no requirements for regulation of transmission lines in these areas. The State of Florida is one of only a few states that have such requirements. There is no existing body of research demonstrating that adverse health consequences result from exposure to electric and magnetic fields at the levels expected to result from the 300-foot ROW single pole configuration that is proposed for the vicinity of Intervenors' property. Doctor Erdreich opined that these levels do not pose a threat of adverse health effects to the population near the edge of the ROW. She further opined that in the unlikely circumstance that the edge of the ROW for the transmission line would be placed at the edge of the residence of the property, the levels of electric and magnetic fields from the transmission line would still not create a health concern. She also stated that her opinion would be the same if one of the residents were shown to have an illness that resulted in a chemical sensitivity. She based her opinions on the fact that there is no evidence demonstrating any correlation between this exposure and adverse health effects. Finally, Dr. Erdreich testified that no group has ever suggested that there is a need for lower levels near hospitals or convalescent facilities or other places where physical therapy occurs. The levels of electric and magnetic fields from the transmission line will decrease as one moves further from the edge of the ROW. The levels expected from the transmission line, which are already well below the State requirements and a small fraction of the lowest levels that have ever been suggested as being required for the protection of human health, are similar to the levels that would be expected to result from common household appliances. Mrs. Watson testified that her residence has electricity and electric household appliances such as air- conditioning, television, refrigerator, and a vacuum cleaner. All of these devices produce electric and magnetic fields at levels in the range of what would be expected from the TECO transmission line. Additionally, there is natural exposure to magnetic fields and electric and magnetic fields from electrical devices that are encountered in everyday life. Transmission lines can generate audible noise as a result of irregularities that collect on the conductor. During periods of fair weather dust can collect on the conductor and that may cause low levels of audible noise. When rain is experienced, the dust is washed off but replaced with water droplets on the conductor that create a condition that results in slightly higher levels of audible noise. The noise levels experienced during rainfall events are temporary, and the noise is reduced as soon as the water droplets evaporate from the conductor. The expected levels of noise are generally calculated using a program called the Bonneville Power Administration Field Effects Program. The information utilized to make the calculations includes the conductor size, the configuration of the transmission line, and the voltage expected. The calculations performed for the transmission line show that the audible noise levels at the edge of the ROW during fair weather would range from 16.1 dBA, which is decibels of noise in a range that can be heard, to a high of 22.5 dBA. During periods of rainfall the expected audible noise at the edge of the ROW ranges from a low of 41.1 dBA to a high of 47.5 dBA. For the ROW configuration that is proposed for the area including the Watson property, the expected levels during fair weather are a maximum of 16.1 dBA and during foul weather a maximum of 41.1 dBA at the edge of the ROW. The noise levels will decrease as one moves away from the edge of the ROW. Also, during rainfall events, when the maximum noise levels are expected, the rain will tend to mask the sound from the transmission line. Studies that have been prepared on this issue indicate that complaints concerning noise are primarily related to interference with sleep. The studies indicate that to minimize the potential of interference with sleep, the noise level outside of the home should not exceed 50 dBA. The maximum expected noise level from the Project will not exceed 50 dBA. Mr. Brooks, TECO's expert who testified on this issue, stated that he had never had an occasion to deal with a noise level complaint during his thirty-seven years of experience with transmission lines. TECO Exhibit 22 contains a summary of the audible noise expected from the transmission line for the various configurations. It also contains a chart with the noise levels expected from common activities for comparative purposes. The maximum fair weather audible noise from any of the five configurations would be comparable to the levels that one would encounter in a bedroom at night. The maximum levels for the same configurations during foul weather would be comparable to what one might experience in a quiet office or a living room. The levels for the configuration to be utilized in the area of the Watson property are below the maximums for the Project and significantly less than levels expected at a quiet office or bedroom at night. At the public portion of the certification hearing, thirty-five members of the public uniformly testified in opposition to the Project, as proposed. A number of those testifying expressed concern about the impact of the Project on property values, the possible effects of the electric and magnetic fields expected from the transmission line once the ROW has been selected and the line constructed, and the desire to have TECO seek another route. Although these concerns are genuine, impacts on property values is not a subject for consideration at this hearing. As discussed above in greater detail, the evidence demonstrates that adverse impacts from the low levels of electric and magnetic fields projected from the Project are not expected. No alternate corridors have been proposed for consideration by any party to this proceeding. Finally, some members of the public complained that they were unaware that a new transmission line corridor was being proposed until just before the hearing. However, the evidence shows that long before the certification hearing, information concerning this process was widely disseminated through advertisements, open houses, mass mailings, surveys, and meeting with regulatory agencies and local elected officials. Impact Upon the Environment The Project as proposed will have minimal environmental impact. Construction of the line within the proposed corridor will not adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats. The proposed corridor avoids or minimizes intrusion into the undisturbed wildlife habitats due to its collocation with existing linear facilities for almost its entire length. The current condition and relative value of function of the habitat in the proposed corridor is generally minimal from a wildlife ecology and protected species perspective. There are some areas with higher quality habitat. One is in the area south of Lake Thonotosassa. In that location, there is a natural gas pipeline corridor that already disturbs the area in the proposed corridor. In the area of the bald eagle's nest, clearing in the ROW would be limited to 25 to 100 feet in width. Also, the Conditions of Certification require extensive surveys and plans for wildlife protection. The area has experienced clearing and tree removal to accommodate development. Care was taken in routing the proposed corridor to avoid or minimize proximity of the corridor to known listed species locations, including routing inputs from wildlife agencies such as the FFWCC and the U.S. Fish and Wildlife Service (USFWS). Clearing of additional natural habitats and potential wetland impacts will be minimized. During the regional screening route selection process the known locations of bald eagle nests were identified and mapped. Members of the public pointed out at the open houses that there existed a previously unreported bald eagle nest in the area north of Jess Baldwin Road. This was subsequently verified and identified as a correct location of an eagle nest that had been previously unknown to the FFWCC and USFWS. When the nest was identified and located, the corridor was expanded up to 5,100 feet in this area to give TECO maximum flexibility in avoiding potential impacts to the nest as well as to existing homes in the area. TECO has begun a long-term monitoring program for this particular nest and this will be continued until such time as the applicant and the agencies deem it sufficient. The program is designed to monitor the activity of the eagles in the area with respect to successful breeding, successful rearing of the young, and the habitat usage and flight patterns from that nest. This information will be utilized in the selection of the ultimate ROW in this area to avoid any impacts to the nesting area. The USFWS and FFWCC establish buffers for limiting activity in proximity to an eagle's nest. The buffers are either 330 feet or 660 feet in diameter, depending on the level of construction activity that is to be carried out. In cases in which a more minimal level of construction is to be performed, a 660-foot buffer must be maintained if there is not visual buffer between the nest and the construction activity. A 330-foot buffer must be maintained at all times. If a visual buffer can be maintained in the area of this eagle's nest, the buffer size could be reduced below 660 feet, providing additional flexibility for the location of the ROW. This determination will be made by the USFWS and FFWCC. Construction of the line within the proposed corridor will not cause a significant adverse impact to the current condition and relative value of functions of the vegetative communities within the corridor. Much of the length of the corridor allows placement of the transmission line within or adjacent to existing linear features to take advantage of previous disturbances to vegetation. TECO will also minimize impacts to forested wetland vegetation through the use of restrictive clearing practices during both construction and maintenance. In the forested wetland portions of the ROW, trees and shrubs that have an expected mature height greater than fourteen feet and "danger trees," which are trees that could fall into the conductors and cause an outage, will be removed. Other vegetation will generally not be disturbed. In these areas, vegetation will be removed by hand, usually with chain saws or with low-ground-pressure equipment to reduce soil compaction and damage to ground cover. The removal of vegetation in forested wetlands will not significantly affect the vegetative root mat or soil surface conditions. The non- forested wetlands should not require any clearing. There will be some filling in wetlands associated with the placement of pole pads and access roads. However, TECO will minimize these impacts through a careful alignment of the ROW and the varying of span distances between poles. TECO will also install an appropriate number and size of culverts to properly maintain existing wetland hydroperiods along areas of fill in wetlands. Also, any unavoidable wetland impacts associated with the project will be mitigated in accordance with the Conditions of Certification. TECO has utilized information from the Hillsborough and Polk County Comprehensive Plans and the Department of State, Division of Historical Resources (DHR), to identify potential archeological and historical resources within the proposed corridor. A number of locations were identified as a result of the information and the Conditions of Certification require that a survey be performed when the actual ROW is located. If any artifacts are found the information will be submitted to the DHR for analysis and decisions will be made as to how to proceed. The proposed corridor contains the least potential impacts to known sites and the corridor allows ample opportunity for siting the ROW to avoid potential historic and archeological sites. In addition to comments from the public described in Finding of Fact 74, a number of members of the public expressed concern over the environmental impacts from the construction and maintenance of the transmission line. Some of those expressing concerns have residences or property in the area of the expanded corridor surrounding the eagle's nest. Although some of these individuals are within the corridor, it is not clear at this point that they will be near or adjacent to the ROW which is ultimately selected. The ROW is proposed to be within the expanded corridor in this area. The eagle's nest presents a constraint with a 330 or 660-foot buffer. Evaluations will be performed considering impacts to the community and homes, impacts to the environment, and costs. If the buffer is reduced to 330 feet this will assist in the routing of the ROW. As detailed above, TECO engaged in extensive public outreach, made efforts to avoid populated areas with the corridor location, and the Conditions of Certification require extensive measures to eliminate or minimize the potential impacts on wildlife and habitat. TECO will minimize any necessary cutting of trees in areas that do not already have an established ROW. The area of clearing will be limited to from 25 to 100 feet in width. The Project will comply with all applicable state, regional, and local nonprocedural regulations, including the wetland regulatory standards applicable to such projects. Balance of Need versus Impacts The Project effects a reasonable balance between the need for a transmission line as a means for providing abundant low cost energy and the impact upon the public and the environment resulting from the location of the transmission line corridor and the construction and maintenance of the transmission line. Conditions of Certification The design, construction, and operation of the line in the proposed corridor will comply with the Conditions of Certification set forth in Department Exhibit 4. The Conditions of Certification establish a post- certification review process through which the final ROW, access road, and structure locations will be reviewed by agencies with regulatory authority over the project for the purpose of monitoring for compliance with the Conditions of Certification. While the proposed corridor has few homes in close proximity to it and very limited wetland crossings, TECO has agreed to conditions of certification that further minimize land use and environmental impacts. For example, TECO has agreed that to the extent practicable it will locate its ROW to avoid the taking of homes, to collocate the ROW within or adjacent to existing ROWs, and to vary the length of the span between poles as appropriate to eliminate or reduce wetland impacts.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Siting Board enter a Final Order approving Tampa Electric Company's Willow Oak-Wheeler-Davis 230 kV Transmission Line Application for Certification subject to the Conditions of Certification set forth in Department Exhibit 4. DONE AND ENTERED this 13th day of May, 2008, in Tallahassee, Leon County, Florida. S DONALD R. ALEXANDER 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 13th day of May, 2008.
The Issue In this proceeding, Florida Power Corporation (FPC) seeks approval to construct and operate 470 MW of natural gas-fired advanced design combined cycle (NGCC) generating capacity at its proposed Polk County Site. Additionally, FPC seeks a determination that the Polk County Site has the environmental resources necessary to support an ultimate capacity of 3,000 MW of combined cycle generating capacity fueled by a combination of natural gas, coal-derived gas and distillate fuel oil. Such an ultimate site capacity certification may be granted pursuant to Section 403.517, Florida Statutes and Rule 17-17.231, Florida Administrative Code.
Findings Of Fact Project Site and Vicinity FPC's proposed Polk County Site is located on approximately 8,200 acres in southwest Polk County, Florida, in an area dominated by phosphate mining activities. The Polk County Site is approximately 40 miles east of Tampa, 3 miles south of Bartow and 3.5 miles northwest of Fort Meade. Homeland, the nearest unincorporated community, lies about one mile to the northeast of the site boundary. The Polk County Site is bounded on the north by County Road (CR) 640 and along the southeast and south by a U.S. Agri-Chemical Corporation (USAC) mine. CR 555 runs north-south through the site. The Polk County Site is comprised of land in four different phases of mining activity: mine pits, clay settling ponds associated with phosphate mining, land which has been mined and reclaimed, and land which has yet to be mined. Approximately one-half of the Polk County Site is subject to mandatory reclamation. Land uses adjacent to the Polk County Site consist almost entirely of phosphate mining activities. One mobile home is located at the intersection of CR 640 and CR 555 approximately 2 miles from the proposed location of the principal generating facilities. General Project Description The initial generating capacity at the Polk County Site will be NGCC units. Under what has been designated as the Case A' scenario, ultimate site development will consist of 1,000 MW of NGCC and 2,000 MW of CGCC generating capacity, for a total of 3,000 MW. Under the alternative Case C scenario, the ultimate site capacity would consist of 3,000 MW of all NGCC capacity. The Case C scenario was initially developed as the worst case scenario for the socioeconomic impact analysis (i.e., the one that would produce the least amount of economic benefit.) The combined cycle units which initially burn natural gas can be modified to burn coal gas if necessary to meet changes in fuel supply or pricing. However, under the proposed ultimate site capacity, CGCC generating capacity will be limited to a maximum of 2,000 MW out of the total of 3,000 MW. At ultimate buildout the major facilities at the Polk County Site will include the plant island, cooling pond, solid waste disposal areas, and brine pond. The plant island will be located on mining parcels SA-11, SA-13 and the northerly portion of SA-12. The plant island ultimately will contain the combined cycle power block, oil storage tanks, water and sewage treatment facilities, coal gasification facilities, coal pile and rail loop, and coal handling facilities. The cooling pond at ultimate buildout will be located in mining parcels N-16, N-15 and N-11B, with a channel through N-11C. Mining parcels N-11C, P-3, Phosphoria, Triangle Lakes and P-2, if not used as a solid waste disposal area, will be used as water crop areas to collect rainfall for supplying the cooling pond. The brine pond will receive wastewater reject from the reverse osmosis (RO) water treatment system and will be located on mining parcel SA-9. Two solid waste disposal areas (SWDA) are planned for ultimate development of the Polk County Site. The SWDAs will be mining parcel SA-8 initially and mining parcel P-2 in later phases, if necessary. Coal gasification slag will be the predominant solid waste to be disposed of in the SWDAs. Other areas included within the Polk County Site are mine parcels N- 11A, N-13, N-9B, Tiger Bay East, Tiger Bay, the northerly 80 acres of N-9, SA-10 and the southerly 225 acres of SA-12. Along with providing a buffer for the Polk County Site facilities, these parcels also will provide drainage to Camp Branch and McCullough Creek. Linear facilities associated with the initial 470 MW of generating capacity at the Polk County Site will include a 230 kilovolt (kV) transmission line upgrade, a reclaimed water pipeline, and a backup natural gas pipeline. Site Selection A comprehensive process was used to select the Polk County Site. The goal of that process was to identify a site which could accommodate 3,000 MW of generating capacity and offer characteristics including: (1) multi-unit and clean coal capability; (2) technology and fuel flexibility; (3) cost effectiveness; (4) compatibility with FPC's commitment to environmental protection; (5) ability to comply with all government regulations; and (6) consistency with state land use objectives. The site selection process included the entire State of Florida. Participants in the site selection process included a variety of FPC departments, environmental and engineering consultants, and an eight-member Environmental Advisory Group (EAG) composed of environmental, educational, and community leaders. In October, 1990, with the concurrence of the EAG, the Polk County Site was selected. The ultimate basis for the selection of the Polk County Site was the disturbed nature of the site as a result of extensive phosphate mining activities. The Polk County Site also is compatible with FPC's load center and transmission line network, and is accessible to rail and highway transportation systems. PSC Need Determination On February 25, 1992, the PSC issued Order No. 25805 determining the need for the first 470 MW of generating capacity at the Polk County Site. The PSC concluded in its order that the first two combined cycle units (470 MW) at the Polk County Site will contribute to FPC's electric system reliability and integrity. It also concluded that the first two units would enable FPC to meet winter reserve margin criteria and to withstand an outage of its largest unit at the time of system peak demand. The PSC stated that it was important for FPC to secure a site to meet future needs and that the first two units would contribute toward this goal. Basis for Ultimate Site Capacity The Site Certification Application (SCA), including the Sufficiency Responses, addressed the impacts associated with 3,000 to 3,200 MW of generating capacity under several scenarios. FPC eliminated or modified several of the scenarios by filing a Notice of Limitations which addressed the capacity and environmental effects of 1,000 MW of NGCC and 2,000 MW of CGCC generating capacity at the Polk County Site. Throughout the SCA, Sufficiency Responses and Notice of Limitations, the capacity constraints and environmental effects were analyzed under a worst case scenario, i.e., the maximum environmental effects that could be expected at ultimate site capacity. An ultimate site capacity determination will significantly reduce the time and expense associated with processing supplemental applications for future units at the Polk County Site under the expedited statutory procedures of the Power Plant Siting Act. This will allow FPC to respond more quickly to changes in growth and demand. An ultimate site capacity determination also provides FPC the assurance that the Polk County Site has the land, air and water resources to support future coal gas-fired generating capacity. Project Schedule and Costs Construction of the initial 470 MW of NGCC generating capacity is scheduled to begin in 1994. These units will go into operation in 1998 and 1999. Based on current load forecasts, it is expected that approximately one 250 MW unit will be added every other year to the Polk County Site. Under this schedule, ultimate site development of 3,000 MW would occur about 2018. Capital investment for the Polk County Site is expected to be approximately $3.4 billion for the 1,000 MW NGCC/2000 MW CGCC Case A' scenario and approximately $1.7 billion for the all NGCC Case C scenario. Project Design Generating units for the Polk County Site will be advanced design combined cycle units firing natural gas and/or coal gas, with low sulfur fuel oil as backup. Each combined cycle unit will consist of one or two combustion turbines (CT), a heat recovery steam generator (HRSG) for each CT and one or two steam turbines (ST). The first 470 MW of generating capacity will consist of two CTs firing natural gas, two HRSGs and one or two STs. At ultimate site capacity, the Polk County Site will consist of 12 CTs, 12 HRSGs, and 6 to 12 STs. A combined cycle unit is a generating system that consists of two sequential generating stages. In the first stage, the natural gas, coal gas or fuel oil is burned to operate the CT. Hot exhaust gas from the CT is passed through the HRSG to produce steam to operate the ST. The CT and steam from the HRSG can be arranged to drive individual generators or a single generator. In later phases of the Polk County Site, up to 2,000 MW of combined cycle generation may be fired on coal gas. The combined cycle units that were initially constructed to operate on natural gas can be modified to operate on coal gas. Under the Case A' scenario, two coal gasification plants would be built to produce coal gas for the combined cycle units. Associated with the coal gasification phase of the project will be the expansion of the plant island to accommodate the storage and handling of coal. Coal will be transported onsite by railroad. A rail loop for coal trains will be constructed on the plant island. It will be sized to accommodate a 100-car coal train. The coal storage area and limestone stockout will be located within the coal loop. Limestone is used in the coal gasification process as a fluxing agent to improve the viscosity of the coal slag, a by-product of the coal gasification process. The coal storage area, including the coal piles and emergency coal stockout system, will be lined with an impervious liner, and runoff from the coal storage area will be recycled to the coal gasification plants. The cooling pond for the Polk County Site will be located north and east of the plant island. Water from the cooling pond will be used for producing steam and condenser cooling. The cooling pond will be constructed initially in mining parcel N-16 and then in parcels N-15 and N-11B for later phases. These areas are mined-out pits which are surrounded by earthen dams. These dams will be upgraded where required to provide stability equivalent to the requirements of Chapter 17-672, Florida Administrative Code, for phosphate dams. Soil and Foundation Stability To evaluate the existing soil conditions at the Polk County Site, more than 165 test borings were made. The plant island is an existing mine pit which has been partially filled with sand tailings from phosphate mining operations. Underlying the sand is the Hawthorn formation which is often used as the base for deep load bearing foundations. Foundations for the heavier loads of power plant facilities will require pile foundations or similar types of deep foundations that will extend into the Hawthorn formation. The potential for sinkhole development at the Polk County Site was investigated by reviewing historic sinkhole records, aerial photographs, well drillers' logs, and by drilling three deep borings at the site. The investigation demonstrated that the potential for sinkhole development at the Polk County Site is low and acceptable for this type of construction. Construction Activities Construction of the Polk County Site will be phased over an approximately 25-year period beginning in 1994. The development of the Polk County Site is expected to take place in seven phases. Changes in the scope or sequence of the individual phases may occur depending on capacity needs over time. During Phase I, the initial earthwork and dewatering activities required for the construction of the plant island and cooling pond will take place. The initial cooling pond and plant island area will be dewatered and fill will be placed in SA-11 and SA-13 for the initial power plant construction. Water from the dewatering activities will be conserved by storage in mining parcels SA-8, SA-9, SA-10, N-15 and the northerly part of SA-12, except for quantities used in IMC's recirculation system. Clay consolidation will commence for other parcels, such as N-11A, N-11B, N-11C, N-13 and N-9B. Phosphate mining and related operations will still function in parcels P-2, P-3, Phosphoria, Triangle Lakes, and N-9. The initial vertical power plant construction for the first 470 MW of generating capacity will take place in Phase II. Water stored in Phase I, along with reclaimed water from the City of Bartow, will be used to fill the cooling pond in parcel N-16. Any excess reclaimed water from the City of Bartow, if necessary, will be stored in the eastern portion of N-16. Mining parcels SA-10, the southerly part of SA-12, and a portion of the offsite Estech Silver City plant site will be configured for drainage enhancement to McCullough Creek. Mining parcel SA-8 will be prepared to receive solid waste and parcel SA-9 will be prepared to receive wastewater from the RO system and neutralization basin. Wildlife habitat creation and enhancement will begin in parcels N-9B and N-13. Phase III of the Polk County Site represents the operation of the power plant from 235 MW to 1,500 MW, currently projected as NGCC capacity. The plant island, which will contain the generating units, will be located on mining parcels SA-11 and SA-13. The cooling pond will be located in N-16 and will receive reclaimed water from the City of Bartow and water crop from mining parcels P-3, Phosphoria, P-2, Triangle Lakes, N-15, N-11B, N-11C, the northerly end of SA-12 and the east end of N-16. Phase IV will encompass the development of the Polk County Site from 1,500 MW to 2,000 MW, currently projected as NGCC capacity. In conjunction with the additional generating units onsite, the cooling pond in N-16 will be enlarged to 1,219 acres. Other portions of the Polk County Site would remain the same as in Phase III. During Phase V, coal gasification is projected to be introduced to the Polk County Site. Generating capacity will be increased to 2,250 MW of which 1,000 MW are projected to be NGCC and the remaining 1,250 MW will be CGCC. To accommodate the coal gasification facilities, the northerly portion of SA-12 would be filled. The balance of the site would remain as described in Phase IV. During Phase VI, the generating capacity at the Polk County Site is projected to increase from 2,250 MW to 3,000 MW. This generating capacity will be a combination of 1,000 MW on NGCC and 2,000 MW on CGCC. During this phase, the cooling pond will be enlarged to 2,260 acres and will include parcels N-16, N-15 and N-11B, and a channel through N-11C. Earthwork will be required in N-15 and N-11B to repair and improve dams, and add slope protection on the dam inner faces and seeding on the exterior faces. Phase VII will be the final phase of the Polk County Site. During this phase, if the solid waste disposal area in mining parcel SA-8 were to become full it would be closed and mining parcel P-2 would be prepared to receive solid waste from the power plant operations. Parcels P-3 and Phosphoria will be available for mitigation, if necessary, as a result of activities in parcel P-2. This phase might not occur if coal slag is successfully recycled. Fuel Supply Fuel for the initial 470 MW of combined cycle generation will consist primarily of natural gas, with light distillate fuel oil as backup. Natural gas will be delivered by pipeline to the Polk County Site at a rate of 3.75 million cubic feet per hour. FPC currently plans to receive natural gas from the proposed Sunshine Pipeline for which certification is being sought in a separate proceeding. The Application for the Sunshine Pipeline was filed with DEP in August 1993. The other source for natural gas will be the backup natural gas pipeline which is being certified in this proceeding as an associated linear facility. Fuel oil will be delivered to the site by tanker truck, and enough fuel oil will be stored onsite for three days of operation for each combined cycle unit. At ultimate development, three 4-million gallon oil tanks will be located on the Polk County Site. All fuel handling and storage facilities, including unloading areas, pump areas, piping system, storage tanks, and tank containment areas will meet the requirements of DEP Chapter 17-762, Florida Administrative Code, and applicable National Fire Prevention Association Codes. At ultimate site development, the combined cycle units would use both natural gas and coal gas as primary fuels, and fuel oil as a backup fuel. As with the initial phase of operation, natural gas will be supplied by pipeline. At 1,000 MW of NGCC capacity, six to eight million cubic feet per hour of natural gas will be required. Coal for the coal gasification units will be delivered by railroad. For 2,000 MW of CGCC generating capacity, approximately 15,000 to 20,000 tons of coal a day will be required. Linear Facilities The initial 470 MW of NGCC generation includes three associated linear facilities: a 230-kV transmission line upgrade, a reclaimed water pipeline, and a backup natural gas pipeline. 230-kV Transmission Line The 230-kV transmission line will be routed from the existing FPC Barcola Substation within the Polk County Site to the FPC Ft. Meade Substation adjacent to CR 630. The transmission line corridor is approximately 1,000 feet wide within the Polk County Site boundary and narrows to 500 feet as the corridor leaves the site. The transmission line corridor follows several linear facilities including an existing transmission line right-of-way, CR 555 and CR 630. Land uses along the corridor are primarily phosphate mining, agricultural and industrial. Wetlands within the transmission line corridor are minimal and are associated primarily with roadside ditches. Where the transmission line crosses McCullough Creek, the creek will be spanned. The 230-kV transmission line will be constructed using single shaft tubular steel poles with a double circuit configuration for two 230-kV circuits. The transmission line structures will range in height from 110 feet to 145 feet. The conductor for the transmission line is a 1590 ACSR conductor that is approximately 1.54 inches in diameter. Conductor span lengths between structures will range from 500 to 900 feet. The transmission line will be constructed in six phases. During the first phase, the right-of-way will be cleared. Clearing in upland areas will be done using mowers and other power equipment. Clearing in wetlands, if necessary, will be accomplished by restrictive clearing techniques. After the right-of-way has been cleared, existing structures which will be replaced with new transmission line structures will be removed by unbolting them from their foundations and removing the structures with a crane. Foundations for new transmission line structures will be vibrated into the ground using a vibratory hammer or placed into an augured hole and backfilled. After the foundations are in place, new structures will be assembled on the foundations using a crane. Insulation and pole hardware will be mounted on the structures after erection. In the fifth phase of construction, conductors will be placed on a structure by pulling the conductors through a stringing block attached to the structure. During the final phase of construction, the structures will be grounded and any construction debris will be removed from the right-of-way. The construction of the 230-kV transmission line is estimated to require approximately 17 weeks. Construction of the transmission line will meet or exceed standards of the National Electrical Safety Code; FPC transmission design standards; Chapter 17- 814, Florida Administrative Code; and the Florida Department of Transportation Utility Accommodation Guide, where applicable. Electric and magnetic fields from the 230-kV transmission line will comply with the standards set forth in Chapter 17-814, Florida Administrative Code. Audible noise from the transmission line should occur only during rainy weather and will not exceed 39.1 dBA at the edge of the right-of-way. Since the transmission line is not located near many residences, interference to television and AM radio reception should be minimal. If interference does occur, it can be identified easily and corrected on an individual basis. Backup Natural Gas Pipeline The backup natural gas pipeline will originate at the Florida Gas Transmission pipeline in Hillsborough County at CR 39. The backup pipeline corridor runs generally east for 18 miles until it enters the Polk County Site at the western boundary of the plant island. The pipeline corridor is 1,000 feet wide and it generally follows linear facilities such as Jameson Road, a Tampa Electric Company transmission line, the CSX Railroad, Durrance Road, and Agricola Road. Several subalternate corridors are proposed in Polk County where the backup natural gas pipeline crosses phosphate mining land. The subalternate corridors, all of which are proposed for certification, are necessary to maintain flexibility in routing the backup natural gas pipeline around active mining operations. The uses of land crossed by the backup natural gas pipeline corridor consist primarily of phosphate mining and some agriculture. There are only two areas of residential land use along the corridor, one along Jameson Road in Hillsborough County, and the other near Bradley Junction along Old Highway 37 in Polk County. Ecological areas crossed by the natural gas pipeline corridor include a portion of Hookers Prairie in Polk County, some isolated wetlands associated with phosphate mining activities, and the South Prong Alafia River near CR 39 in Hillsborough County. The backup natural gas pipeline will consist of a metering facility, a scraper trap for pipeline cleaning, a maximum 30-inch buried pipeline made of high strength steel, a pressure regulating station, a cathodic protection system for corrosion control, and a Supervisory Control and Data Acquisition (SCADA) system to monitor and operate the pipeline. The pipe to be used for the natural gas pipeline will be manufactured in accordance with standards specified in 49 CFR 192 and the industrial standards referenced therein. Pipe thickness will vary depending on the population of the area crossed. External corrosion control for the pipe will be provided by an external coating around the pipe and a cathodic protection system designed to prevent electrochemical corrosion of the pipe. Pipeline sections will be hydrostatically tested before leaving the factory to 125 percent of the design pressure. Activities associated with the construction of the backup natural gas pipeline will include survey and staking of the right-of-way, right-of-way preparation, stringing of the pipe, bending, lineup welding and nondestructive testing, ditching, lowering in of pipeline sections, backfilling, tying in pipeline sections, testing and right-of-way restoration. Construction of the pipeline will take place typically within a 75 foot-wide right-of-way. A wider right-of-way may be required where specialized construction activities, such as jack and bore methods, are used. After construction, the natural gas pipeline will have a permanent 50-foot right-of-way. Where the pipeline crosses federal and state highways or water courses, directional drilling or jack and bore construction methods will be used to minimize disturbance. Where the pipeline crosses the South Prong Alafia River, directional drilling will be used to locate the pipeline underneath the river bed. Pipeline welding will be done by highly skilled personnel who have been qualified in accordance with 49 CFR 192. Pipeline welds will be visually inspected and a percentage of the welds will be x-rayed for analysis. Once the pipeline is constructed, buried and tie-in welds completed, the pipeline will be hydrostatically tested. Hydrostatic testing will use water with a minimum test pressure of 125 percent of maximum operating pressure. Water for hydrostatic testing will be pumped from and returned to the Polk County Site cooling pond. Construction of the pipeline will comply with Title 49 CFR Part 192, Transportation of Natural and Other Gas by Pipelines: Minimum Federal Safety Standards; Chapter 25-12, Florida Administrative Code; Safety of Gas Transportation by Pipeline; and the FDOT Utility Accommodation Guide. After construction of the backup natural gas pipeline, the right-of- way will be restored and a 50-foot-wide permanent right-of-way will be maintained. Line markers will be located along the pipeline at regular intervals and warning signs will be posted where the pipeline crosses roads, railroads, or stream crossings. The estimated cost for the pipeline construction is $611,100 per mile, or $11.2 million for the 18.2 mile pipeline route. Reclaimed Water Pipeline The reclaimed water pipeline will run from the City of Bartow to the cooling pond near the eastern side of the Polk County Site. The reclaimed water pipeline corridor follows the CSX Railroad and U.S. Highway 17/98 south from the southerly Bartow city limit turning west toward the Polk County Site just south of Homeland. Land uses along the corridor include phosphate mining, commercial sites, rural residences and recreation. The corridor does not cross any environmentally sensitive habitats. The reclaimed water pipeline consists of a buried pipe, 24 to 36 inches in diameter, butterfly valves about every mile along the pipeline, and a flow meter. Pumping of reclaimed water will be provided by the Bartow Sewage Treatment Plant. Construction of the reclaimed water pipeline is similar to that of the natural gas pipeline and includes the following activities: survey and staking of the right-of-way, right-of-way preparation, ditching or trenching construction, stringing of the pipe and pipe installation, back filling, hydrostatic testing, and right-of-way restoration. Where the pipeline crosses state or federal highways or railroads, the pipe will be installed by using jack and bore construction. Construction of the reclaimed water pipeline is estimated to cost $500,000 per mile or $5,000,000 for the total length of the pipeline. Construction of the reclaimed water pipeline will comply with the standards in Chapter 17-610, Florida Administrative Code, the Florida Department of Transportation Utility Accommodation Guide, and the EPA Guidelines for Water Reuse Manual. The pipeline will be hydrostatically tested prior to operation. Corrosion control of the pipeline will depend on the material used for the pipeline and the soil conditions. If a polyethylene or a polyvinylchloride material is used, no corrosion control will be necessary. If ductile iron is used, the soil will be tested for corrosive properties and, if necessary, the pipeline will be protected from corrosion with a poly wrap material. Solid Waste Disposal Various types of solid waste will be generated by the operation of the Polk County Site. Depending upon the type of solid waste, disposal may be made in the onsite solid waste disposal areas or it may be disposed of offsite. Waste inlet air filters from the combustion turbines and general waste, such as office waste, yard waste and circulating water system screenings, will be recycled or disposed of offsite at the Polk County North Central Landfill. Solid waste from the well water pretreatment and blowdown pretreatment will be disposed of onsite in the solid waste disposal area to be constructed in mining parcel SA-8. Sulfur, a by-product of coal gasification, will be of marketable grade and will be stored in a molten state onsite and delivered to buyers by rail car or tanker truck. Slag, a by-product of coal gasification, will be the largest volume of solid waste generated at the Polk County Site. Slag is potentially marketable and FPC will make efforts to recycle this by-product as construction aggregate. If slag is not marketable, it will be disposed of in the onsite solid waste disposal areas initially in mining parcel SA-8 and later, if necessary, in parcel P-2. Low volume spent acidic and basic solutions produced in the regeneration of demineralizer resin bed ion exchanges during operation of the facility will be treated in an elementary neutralization unit to render them non-hazardous. Other potentially hazardous waste will be tested and if determined hazardous will be disposed of in accordance with all applicable federal and state laws. Onsite disposal of slag, and well water and blowdown pretreatment solids will be made in the solid waste disposal areas to be constructed in parcels SA-8 and later, if necessary, P-2. These parcels are clay lined impoundments that have clays generally 20 to 40 feet thick. Prior to disposal of any solid waste in a clay settling area, that area will be drained and the clays consolidated. The clays will be probed and if the clay thickness is less than 10 feet it will be refurbished or patched with a synthetic liner. Additionally, a geotextile net will be installed to provide tensile strength to the upper layer of clay. Perimeter leachate collection piping will be installed. Leachate in the interior of the solid waste disposal areas will be monitored and collected by the use of well points to maintain the leachate head at no greater than 4 feet. The solid waste disposal area in parcel SA-8 will be closed by installing a two-foot thick soil cover which will be seeded and graded to provide water crop to parcel N-16. At closure, the leachate level will be pumped down to minimize the residual leachate head. The clay which lines the base of the solid waste disposal areas decreases in permeability as it consolidates and the solids content of the clay increases. In the first 20 to 50 years of consolidation, the hydraulic gradient of the clay is reversed and water will drain upward. Analysis of the clay shows that it would take 60 to 100 years for leachate to seep through the clay liner. After closure and capping of the solid waste disposal area occurs and the leachate residual head is pumped out, leachate is not expected to break through the liner. Based on the design of the solid waste disposal areas and the analysis of the clay, the solid waste disposal areas in parcels SA-8, and later P-2, should provide equivalent or superior protection to that of a Class I landfill under Chapter 17-7.01, Florida Administrative Code. Industrial Wastewater The Polk County Site is designed to be a zero discharge facility. There will be no offsite surface water discharge of contaminated stormwater or cooling pond blowdown. Cooling pond blowdown will be treated first by a lime/soda ash softening pretreatment system. A portion of the softened effluent will be routed to the cooling pond and a portion will be treated further by reverse osmosis (RO). High quality water from the RO system will be reused in the power plant as process water. The reject wastewater from the RO system will be sent to the brine pond for evaporation. In later stages of the Polk County Site operation, the RO reject wastewater will be concentrated prior to disposal in the brine pond. The brine pond will be constructed in parcel SA-9, a waste clay settling pond. Parcel SA-9 has thick waste clay deposits which will act as a liner. A synthetic liner will be placed along the interior perimeter of the brine pond out to a point where the clay is at least 10 feet thick. The synthetic liner will prevent seepage of the brine through the embankment of the brine pond and will provide added protection near the perimeter of the brine pond where the clay liner is thinner. Groundwater Impacts/Zone of Discharge The brine pond and solid waste disposal areas will be located in waste clay settling ponds with thick clay liners. They will be constructed to minimize, if not eliminate, seepage of brine and leachate to groundwater. If brine or leachate should seep through the clay liner, dispersion and dilution will reduce chemical concentrations so that neither primary nor secondary groundwater quality standards will be exceeded at the boundary of the zone of discharge. A zone of discharge has been established for the solid waste disposal area in parcel SA-8, the brine pond in parcel SA-9, and the cooling pond in parcels N-11B, N-15 and N-16. The zone of discharge will extend horizontally 100 feet out from the outside toe of the earthen dam along a consolidated boundary surrounding these facilities and vertically downward to the top of the Tampa member of the Hawthorn Group. A groundwater monitoring plan will be implemented to monitor compliance with groundwater standards at the boundary of the zone of discharge. Surficial Hydrology and Water Quality Impacts The Polk County Site is located along the divide between the Peace River Drainage Basin and the Alafia River Drainage Basin. Water bodies near the site include McCullough Creek, Camp Branch, Six Mile Creek, Barber Branch, and South Prong Alafia River. Mining has disrupted or eliminated natural drainage patterns from the Polk County Site to these water bodies. Currently the only drainage from the Polk County Site to these water bodies is through federally permitted National Pollutant Discharge Elimination System (NPDES) outfalls to McCullough Creek and Camp Branch. To assess the impact to the surficial hydrology of the Polk County Site and surrounding water bodies, the baseline condition was assumed to be the surficial hydrology which would be present under current mandatory reclamation plans for the mining parcels onsite and offsite. The baseline for non-mandatory parcels was assumed to be the minimum reclamation standards under the DEP/Bureau of Mine Reclamation (BOMR) (formerly within the Department of Natural Resources) Old Lands Program and the baseline for non-mandatory offsite parcels was considered to be the existing condition. The one water body onsite for which the baseline condition presently exists is Tiger Bay, which has been reclaimed and released. The baseline condition for the Polk County Site ultimately would include elimination of seepage from N-16 to Tiger Bay and removal of the NPDES outfall weir from Tiger Bay to Camp Branch. These conditions will result in a lowering of the water table in Tiger Bay and the drying out of wetlands in that area. Under current reclamation plans, water bodies also will be created in parcels SA-12 and SA-11. Other than the reclaimed Tiger Bay and Tiger Bay East, DEP, Southwest Florida Water Management District (SWFWMD) and Polk County have not claimed jurisdiction over any of the water bodies onsite within areas in which phosphate mining activities have been or will be conducted. The major construction activities which may impact offsite surface water bodies are the dewatering activities associated with the initial phase of construction. During this period, parcels SA-11, SA-13 and N-16 will be dewatered to allow earth-moving activities to take place. Dewatering effluent will be stored onsite, reused in IMC's recirculation system, or discharged in the event of above-average rainfall. After the earthwork is complete, the water will be returned to N-16. Based on this construction scenario, no adverse impact to offsite surface water bodies is expected from the construction activities associated with the Polk County Site. The Polk County Site has been designed to function as a "zero discharge" facility. No surface water will be withdrawn from or discharged to any offsite surface water body as a result of plant operations. Certain non- industrial areas within the Polk County Site will be designed, however, to provide offsite drainage to enhance flows to McCullough Creek and Camp Branch. Flow to McCullough Creek will be enhanced by drainage from parcel SA-10, an offsite portion of the Estech Silver City Plant Site, and the southerly portion of parcel SA-12. Drainage from parcels N-11A, N-13, N-9B, Tiger Bay East and Tiger Bay will enhance flows to Camp Branch. Additionally, FPC has agreed to explore the possibility of restoring drainage to Six Mile Creek if onsite water cropping produces more water than FPC needs for power plant operations and if such drainage can be accomplished without additional permits. The net effect of the drainage enhancement plans will be to equal or improve flows to McCullough Creek and Camp Branch over the baseline condition for the site. There are several types of surface water systems to be developed on the Polk County Site. Surface water runoff from the plant island, other than that from the coal and limestone storage areas, will be routed to the site runoff pond and then used in the cooling pond as makeup water. Surface water runoff from the coal and limestone storage areas, as well as runoff from the active solid waste disposal area, will be routed to a lined recycle basin and will be used as process makeup water for the coal gasification plant. Surface water runoff from mining parcels N-11C, Triangle Lakes, N-11B and N-15 prior to its use as part of the cooling pond, P-3, Phosphoria, P-2 prior to its use as a solid waste disposal area, and SA-8 after it has been closed as a solid waste disposal area, will be directed to the cooling pond as makeup water. All of the surface water management systems will meet the requirements of the SWFWMD Management and Storage of Surface Water rules. Subsurface Hydrology and Impacts from Water Withdrawal The Polk County Site will use a cooling pond for process water and for cooling water for the combined cycle units and the coal gasification facilities. For the initial 940 MW of generating capacity, makeup water for the cooling pond will come from onsite water cropping and reclaimed water from the City of Bartow. FPC has negotiated an agreement with the City of Bartow for 3.5 or more million gallons per day (mgd) of reclaimed water from its wastewater treatment facility. At ultimate site capacity, the Polk County Site will require up to 23.6 mgd from a combination of offsite sources and groundwater for the operation of the power plant. FPC has agreed with the SWFWMD to obtain at least 6.1 mgd from reclaimed water and other offsite non-potable water sources, including the City of Bartow, for use as makeup water for the cooling pond. The additional 17.5 mgd of water may be withdrawn from the Upper Floridan Aquifer if additional sources of reclaimed water are not available. FPC has identified substantial amounts of reclaimed water that may be available. A limited quantity of potable water from the Upper Floridan Aquifer will be needed to supply drinking water and other potable water needs for power plant employees. Well water from the Upper Floridan Aquifer will be treated, filtered and chlorinated in an onsite potable water treatment system prior to consumption. At ultimate site development, potable water consumption is estimated to average 19,000 gallons per day, with a peak consumption of 36,000 gallons per day. As an alternative, FPC may connect with the City of Bartow or the City of Fort Meade potable water system. The subsurface hydrology of the Polk County Site consists of three aquifer systems. The uppermost system is the surficial aquifer which is located in the upper 20 to 30 feet of soil. Due to mining operations, the surficial aquifer has been removed from the site except beneath highway rights-of-way and portions of some dams. Below the surficial aquifer lies the intermediate aquifer which is comprised of an upper confining layer approximately 120 feet thick, a middle water bearing unit about 60 feet thick, and a lower confining unit about 80 to 100 feet thick. This aquifer system provides potable water to some small quantity users in the area. Below the intermediate aquifer is the Floridan Aquifer, which consists of the Upper Floridan Aquifer, a discontinuous intermediate confining unit, and the Lower Floridan Aquifer. The Upper Floridan Aquifer provides a larger source of potable water for the area. The Lower Floridan Aquifer is characterized by poorer quality water and has not been used generally for water supply. The principal impact to groundwater from construction of the Polk County Site will be from the dewatering activities in parcels N-16, SA-11 and SA-13. This impact, if not mitigated, could result in the lowering of groundwater levels in the surficial aquifer in adjacent wetlands. During construction, recharge trenches will be constructed in certain locations near wetlands. Modeling analysis demonstrates that the recharge trenches will adequately mitigate any offsite groundwater impacts that otherwise would be caused by construction dewatering. The principal groundwater impact from the operation of the Polk County Site will be the withdrawal of water from the Upper Floridan Aquifer for process water and cooling pond makeup. Water from the Upper Floridan Aquifer is the lowest quality of groundwater that can be used for the Polk County Site while maintaining the cooling pond as a zero discharge facility. The withdrawal of 17.5 mgd from the Upper Floridan Aquifer at ultimate site development will not adversely impact offsite legal users of groundwater and will comply with the SWFWMD consumptive use criteria for groundwater withdrawal. Ecological Resources The baseline for the ecological resources at the Polk County Site was established as the site condition that would exist following (i) mandatory reclamation under reclamation plans approved by the DEP/BOMR, and (ii) non- mandatory reclamation normally carried out by the mining companies. In the cases of Tiger Bay, which has been reclaimed and released by DEP/BOMR, and Tiger Bay East, which has revegetated naturally without reclamation, the ecological baseline was represented by the current condition of these parcels. This baseline methodology was proposed by FPC in a Plan of Study which was accepted by DEP in a Binding Written Agreement. The predominant land cover that would occur under the baseline condition at the Polk County Site would be agriculture. Approximately 70 percent of the Polk County Site, or approximately 5,678 acres, would be developed as crop land, citrus or pasture. The remaining 30 percent of the site would be reclaimed as non-agricultural uplands, wetlands and open water bodies. Tiger Bay already has been reclaimed and released by DEP/BOMR and Tiger Bay East has revegetated naturally. These two parcels represent one-fourth (524 acres) of the natural habitat under the ecological baseline condition. The quality of the baseline land cover and vegetation was established by surveying several onsite and offsite areas which have been reclaimed and released. Baseline aquatic resources at the Polk County Site consist of Tiger Bay and the aquatic resources which would have been developed under existing reclamation plans. This baseline would include open water bodies and forested wetlands in parcels SA- 11 and SA-12, and forested and herbaceous wetlands in parcel N-16. Both Estech and IMC have exceeded their mine-wide wetlands mitigation obligations even without those wetlands. The quality of the baseline open water bodies on the Polk County Site was evaluated by surveying parcel N- 16, which currently consists of open water habitat. The quality of wetlands was determined by surveying Tiger Bay, which contains wetlands that have been reclaimed and released. The baseline aquatic resources were found to have significant fluctuations of dissolved oxygen, and were characterized by encroachment of cattail, water hyacinth and other nuisance species. All of the aquatic areas sampled as representative of baseline conditions showed significant eutrophication. No DEP or SWFWMD jurisdictional wetlands currently exist onsite, within areas in which phosphate mining activities have been or will be conducted, except in the reclaimed Tiger Bay and Tiger Bay East. Baseline evaluation of threatened and endangered species, and species of special concern (listed species) was conducted by collecting information regarding regional habitat descriptions; plant species lists and ecological reports for the area; lists and ecological reports of birds, mammals, reptiles and amphibians common to the area; species checklists; reports of sightings or abundance estimates; interspecific relationships and food chains of important species; location of rare, threatened or endangered species or critical habitat for these species in the region; and occurrence of potential preexisting stresses. Information from the Florida Natural Areas Inventory and approved mine reclamation plans was reviewed. Visits were made to nearby reclaimed sites by land and low-flying helicopters. No listed plant species were found at the site or offsite study areas. Existing reclamation plans, and consequently the ecological baseline condition, do not require the planting of such species. Listed animal species which were observed at the Polk County Site and are expected under the baseline conditions include the American alligator, woodstork, southeastern kestrel, osprey, little blue heron, snowy egret and tricolored heron. The baseline conditions would provide suitable feeding habitat for these species, but only limited areas of suitable nesting habitat. Both the current condition of the site and baseline condition provide feeding habitat for the American bald eagle, however, the nesting potential for this species will be greater after the implementation of the baseline condition. Impacts to the baseline ecological resources from the construction and operation of the Polk County Site will be more than compensated by habitat creation and enhancement programs proposed by FPC. The primary impacts to the baseline ecological resources will occur when power plant facilities, such as the plant island, cooling pond, brine pond and solid waste disposal area are constructed, eliminating these parcels from the baseline ecological resources. Without development of the Polk County Site, these parcels would represent approximately 2,268 acres of viable lakes and upland and wetland habitats. FPC has proposed a total of 3,713 acres of viable wildlife habitat as part of the ultimate development of the Polk County Site. Accordingly, the available wildlife habitat after construction of the Polk County Site represents a net increase of 1,445 acres over the baseline ecological resource conditions. This increase in habitat, particularly in the buffer area, will be a net benefit for protected species. In providing more wildlife habitat than baseline conditions, FPC has agreed to certain enhancement activities that will specifically offset any impact to baseline ecological resources. These enhancement programs include habitat and wetland creation in parcels N-9B and N-13; habitat creation and offsite drainage enhancement in parcel SA-10; implementation of a wildlife habitat management plan and exotic vegetation control in parcels SA-10, N-9B and N-13; drainage enhancement to McCullough Creek and Camp Branch; and funding the acquisition of a 425 acre offsite area to serve as part of a wildlife corridor. Air Pollution Control Polk County has been designated by the U.S. Environmental Protection Agency (EPA) and DEP as an attainment area for all six criteria air pollutants. Federal and state Prevention of Significant Deterioration (PSD) regulations provide that the project will be subject to "new source review." This review generally requires that the project comply with all applicable state and federal emission limiting standards, including New Source Performance Standards (NSPS), and that Best Available Control Technology (BACT) be applied to control emissions of PSD pollutants emitted in excess of applicable PSD significant emission rates. The project will limit emission rates to levels far below NSPS requirements. For the initial 470 MW phase of the Project, BACT must be applied for the following pollutants: sulfur dioxide (SO2), nitrogen oxides (NOx), particulates (PM and PM10), volatile organic compounds (VOCs), carbon monoxide (CO), beryllium, inorganic arsenic, and benzene. For the ultimate site capacity, BACT is required for each of these pollutants, and sulfuric acid mist (H2SO4), mercury, and lead as well. BACT is defined in DEP Rule 17-212.200(16), Florida Administrative Code, as: An emission limitation, including a visible emission standard, based on the maximum degree of reduction of each pollutant emitted which the Department, on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative fuel combustion techniques) for control of each such pollutant. The primary purpose of a BACT analysis is to minimize the allowable increases in air pollutants and thereby increase the potential for future economic growth without significantly degrading air quality. Such an analysis is intended to insure that the air emissions control systems for the project reflect the latest control technologies used in a particular industry and is to take into consideration existing and future air quality in the vicinity of the project. The BACT analysis for the project therefore evaluated technical, economic, and environmental considerations of available control technologies and examined BACT determinations for other similar facilities across the United States. For the first 470 MW of NGCC units, BACT for SO2 emissions from the CTs is the use of natural gas as the primary fuel and the use of low sulfur oil for a limited number of hours per year. For the first 470 MW of NGCC units, BACT for CO, VOCs, PM, beryllium, arsenic, and benzene emissions from the CTs is efficient design and operation of the CTs, the inherent quality of natural gas (the primary fuel), and a limitation on the annual use of fuel oil. For the first 470 MW of combined cycle units, BACT for NOx emissions from the CTs is the use of advanced dry low NOx combustors capable of achieving emissions of 12 parts per million by volume dry (ppmvd) at 15 percent oxygen when burning natural gas, water/steam injection to achieve 42 ppmvd at 15 percent oxygen when burning fuel oil, and limited annual fuel oil use. For the first 470 MW of NGCC units, the DEP staff initially proposed BACT for NOx emissions from the CTs as 9 ppmvd at 15 percent oxygen when burning natural gas, using dry low NOx combustor technology. However, after careful consideration, it was determined that, because of the lack of proven technology to achieve such emission rate, it would be more appropriate to establish BACT at 73 lb/hour/CT (24-hour average, based on 12 ppmvd at 15 percent oxygen and 59o F) using dry low NOx combustor technology and to require FPC to make every practicable effort to achieve the lowest possible NOx emission rate with those CTs when firing natural gas. FPC also is required to conduct an engineering study to determine the lowest emission rate consistently achievable with a reasonable operating margin taking into account long-term performance expectations and assuming good operating and maintenance practices. Based on the results of that study, DEP may adjust the NOx emission limit downward, but not lower than 55 lb/hour/CT (24-hour average, based on 9 ppmvd at 15 percent oxygen and 59o F.). For the 99 MBtu/hour auxiliary boiler that is part of the initial phase of the project, BACT for NOx emissions is low NOx burners, limited annual fuel oil use, and limited hours of annual operation. BACT for NOx emissions from the 1300 kW diesel generator is combustion timing retardation with limited hours of annual operation. For the 99 MBtu/hour auxiliary boiler and the diesel generator as part of the initial phase of the project, BACT for CO, VOC, SO2, PM, benzene, beryllium, and arsenic emissions consists of good combustion controls, the inherent quality of the fuels burned, the use of low-sulfur fuel oil, and limited hours of operation. For the fuel oil storage tank as part of the initial phase of the project, BACT is submerged filling of the tank. For the coal gasification and other facilities to be built during later phases of the project, a preliminary BACT review was undertaken by FPC to support the demonstration that the Polk County Site has the ultimate capacity and resources available to support the full phased project. Air Quality Impact Analysis Air emissions from the project also must comply with Ambient Air Quality Standards for six criteria pollutants and Prevention of Significant Deterioration increments for three pollutants. Polk County and the contiguous counties are classified as Class II areas for PSD purposes; the nearest Class I area is the Chassahowitzka National Wilderness Area, located approximately 120 km. from the Site. An air quality analysis, undertaken in accordance with monitoring and computer modeling procedures approved in advance by EPA and DEP, demonstrated that the project at ultimate capacity utilizing worst-case assumptions will comply with all state and federal ambient air quality standards as well as PSD Class I and II increments. For nitrogen dioxide, sulfur dioxide and particulate matter, air quality modeling was based on conservative assumptions, including background concentrations based upon the highest long- term and second highest short-term measured values (established through an onsite one-year air quality monitoring program and regional data), existing major sources at their maximum emissions, the estimated maximum emissions from certain other proposed projects, and the impacts of the proposed FPC project at ultimate site capacity. For other pollutants, detailed analyses were not performed because offsite impacts were predicted to be insignificant. Impacts of the project's estimated emissions of certain hazardous air pollutants (antimony, arsenic, barium, beryllium, benzene, boron, cadmium, calcium, chromium, cobalt, copper, formaldehyde, magnesium, manganese, nickel, selenium, vanadium, and zinc) at ultimate capacity were compared to the DEP draft no-threat levels under DEP's draft "Air Toxics Permitting Strategy." All pollutants except arsenic were projected to be below the corresponding draft no- threat level. Because of the conservatism of DEP's draft no-threat levels, it was concluded that arsenic impacts would not pose a significant health risk to the population in the surrounding area. Impacts on vegetation, soils, and wildlife in both the site area and the vicinity of the Chassahowitzka National Wilderness Area, the nearest PSD Class I area, will be minimal. Visibility in the vicinity of the Chassahowitzka National Wilderness Area will not be impaired significantly by the project's emissions. Air quality impacts from commercial, industrial, and residential growth induced by the project are expected to be small and well-distributed throughout the area. Impacts from the initial phase of the Project (470 MW) will comply with all State and federal ambient air quality standards as well as PSD Class I and II increments. The impacts from the initial phase of the Project are also well below the draft no-threat levels. The initial phase of the Project will not significantly impair visibility in the vicinity of the Chassahowitzka National Wilderness Area, and the impact on vegetation, soils, and wildlife in both the site area and the vicinity of the Chassahowitzka National Wilderness Area will be minimal. The air quality impacts due to commercial, industrial, and residential growth from the initial phase of the Project will be small, and are not expected to impact air quality. Land Use Planning/Socioeconomic Impacts of Construction and Operation The proposed site is an appropriate location for the Polk County Site project. The Polk County Site has adequate access to highway and rail networks, including CR 555, a major collector road, and the CSX railroad. The Polk County Site is located away from major residential areas in a location already heavily disturbed by mining activity. The site is located in reasonable proximity to major metropolitan areas that can supply an adequate work force for construction. Development of the Polk County Site in a mined-out phosphate area is a beneficial use of land and will provide an economic benefit for Polk County. The Polk County Site also is close to existing facilities, such as existing transmission line corridors and reclaimed water facilities, which will benefit the operation of the site while minimizing the impact of the project. The linear facilities associated with the Polk County Site are sited in appropriate locations. The 230-kV transmission line upgrade, reclaimed water pipeline and backup natural gas pipeline corridors: (i) are located adjacent to other linear facilities, such as existing roads and transmission lines, (ii) avoid major residential areas, and (iii) minimally disrupt existing land uses. The Polk County Site is compatible with the State Comprehensive Plan, the CFRPC Regional Policy Plan, and will meet the requirements of the Polk County Conditional Use Permit. The portion of the backup natural gas pipeline located in Hillsborough County is consistent with the Hillsborough County Comprehensive Plan and the policies of the TBRPC Regional Policy Plan. Construction of the Polk County Site will occur over an approximately 25-year period beginning in 1994. If the Polk County Site is developed only for NGCC capacity, construction employment will average 153 jobs per year with a peak employment of 350. The average annual payroll for construction of the Polk County Site on all NGCC is expected to be $7.1 million per year. If 1,000 MW of NGCC and 2,000 MW of CGCC units are built at the Polk County Site, peak construction employment will be 1,000 with an average annual construction employment of 315 over the approximate 25-year period. Average annual payroll under this scenario would be $14.6 million per year. Indirect jobs created as a result of buildout of the Polk County Site will average 231 jobs for all NGCC and 477 jobs if 2,000 MW of CGCC is added to the Polk County Site. After completion of the construction of the Polk County Site at ultimate capacity, 110 permanent direct jobs will be created if the site uses all NGCC and 410 jobs will be created if coal gasification is added to the Polk County Site. The operation of the Polk County Site will have a multiplier effect on the Polk County economy. The all NGCC scenario will create 272 indirect jobs and the Case A' scenario with CGCC will create 1,013 indirect jobs. After buildout, property taxes generated by the Polk County Site are estimated to be $24.3 million per year for the all NGCC scenario and $37.4 million per year if CGCC capacity is constructed at the site. Noise Impacts The ambient noise, or baseline noise condition at the Polk County Site was measured in five locations. These measurements show that the baseline noise condition for the site ranges between 30 dBA and 65 dBA at the nearest residential location. The higher noise levels are caused by truck traffic associated with the phosphate mining industry. Noise impacts from construction will be loudest during initial site preparation and steel erection stages. Earth moving equipment will produce noise levels of 45 to 50 dBA at the nearest residence in Homeland. During final phases of construction, steam blowout activity to clean steam lines will produce short duration noise levels of 69 dBA at the nearest residence. This activity will take place only during daylight hours. Noise levels from the operation of the Polk County Site were calculated using a computer program specifically designed for assessing noise impacts associated with power plant operation. The highest predicted continuous noise level will be 41 dBA at several houses 2.9 miles south of the site and 47 dBA at the nearest church. Noise impacts from fuel delivery trucks and coal trains will not significantly increase the noise levels over existing conditions. The continuous noise level from the operation of the Polk County Site at the nearest residence or church will be below the 55 dBA level recommended by the U.S. Environmental Protection Agency. Traffic Traffic analyses were made for impacts to highway traffic which will result from the construction and operation of the Polk County Site. These analyses included impacts at rail crossings caused by the delivery of coal to the Polk County Site under the Case A' scenario. A highway traffic analysis was made to determine if the existing roadway network in the vicinity of the Polk County Site would operate at acceptable levels of service based upon increased volumes of traffic associated with the construction and operation employment at the Polk County Site. Methodologies for evaluating traffic impact complied with Polk County, FDOT and CFRPC criteria. County roads were evaluated using Polk County criteria and state roads were evaluated using both Polk County and FDOT criteria. Traffic volumes were evaluated for peak construction traffic in 2010 and full plant operations, estimated in 2018. The traffic evaluation included analysis of existing traffic conditions, increased traffic volume associated with growth in the area not associated with the Polk County Site, and increased traffic associated with construction and operation employment at the Polk County Site. During peak construction employment under the Case A' scenario, 1,000 employees are expected at the Polk County Site. Under this scenario, the expected trip generation of the Polk County Site is expected to be 1,792 trips per day, with a morning peak of 717 trips and an afternoon peak of 717 trips. Based on this analysis, all roadways are expected to operate at acceptable levels of service with currently planned improvements to the roadways. Intersection levels of service were found acceptable for 7 out of 11 intersections. FPC has recommended improvements to four intersections at U.S. 98 and SR 60A, SR 60 and CR 555, SR 37 and CR 640, and CR 555 and CR 640 at specified traffic levels. Peak operation employment under the Case A' scenario is expected to be 410 employees in 2018. Based upon this employment figure, the expected trip generation of the Polk County Site is 964 trips per day with a morning peak of 195 trips and an afternoon peak of 154 trips. At peak operation employment, all roadways evaluated were found to operate at acceptable levels of service. All intersections, except the intersection at SR 60 and CR 555, were found to operate at acceptable levels. FPC has recommended a protected/permissive westbound left turn lane at this intersection. With FPC's recommended improvements, which have been incorporated as conditions of certification, and those improvements currently planned by FDOT, the existing roadway network will meet Polk County and FDOT approved levels of service at peak employment during the construction and operation of the Polk County Site to its ultimate capacity. In addition to the highway traffic impact analysis, FPC evaluated the impact on rail/highway crossings from the transportation of coal by rail under the Case A' scenario. It was assumed that all coal for the Polk County Site will be delivered by rail over existing CSX transportation lines. It is expected that at full operation two 90-car trains per day will be required for the delivery of coal, resulting in four train trips per day. It was also assumed that trains will travel at speeds averaging 35 to 45 miles per hour. Evaluation of the impacts at rail crossings found an increase of .5 second per vehicle per day at urban rail crossings and .3 second per vehicle per day at rural rail crossings. Based on the 1985 Highway Capacity Manual, the total delay at rail crossing intersections caused by the increased train traffic to and from the Polk County Site will not cause a significant delay and the rail crossing intersections will maintain level of service A. Archaeological and Historic Sites The Florida Department of State, Division of Historical Resources, has stated that because of the location of the Polk County Site, it is unlikely that any significant archaeological or historical sites will be affected. Mandatory Reclamation of Mining Parcels The Polk County Site is comprised of phosphate mining parcels, portions of which are subject to mandatory reclamation under the jurisdiction of DEP/BOMR. The mandatory mining parcels are currently owned by Estech, IMC, and USAC. FPC has entered into stipulations with each mining company agreeing to reclamation of the mandatory mining parcels in accordance with the conditions of certification proposed by DEP/BOMR. In those conditions, DEP has proposed to incorporate the reclamation conceptual plan modifications included in Appendix 10.9 of the SCA into the certification proceeding for the Polk County Site and has redesignated those conceptual plan modifications as EST-SC-CPH and IMC-NP- FPC. The portions of the site which will be developed by FPC will be released from mandatory reclamation requirements when FPC purchases the Polk County Site. Variances FPC has requested variances from certain reclamation standards set forth in Rule 16C-16.0051, Florida Administrative Code, which will be necessary until the affected mining parcels on the Polk County Site are released from reclamation. FPC has requested a variance from Rule 16C-16.0051(5)(a), which requires artificial water bodies to have an annual zone of fluctuation, and Rule 16C-16.0051(5)(b), which requires submerged vegetation and fish bedding in artificially-created water bodies. The criteria in these rules are inappropriate for a cooling pond, because it is an industrial wastewater treatment facility which cannot be efficiently or safely operated with fluctuating water levels and aquatic vegetation zones. With regard to the construction of dams for the cooling pond, brine pond and solid waste disposal areas, FPC will need a variance from Rule 16C-16.0051(2)(a), which requires a 4:1 slope for dam embankments and Rule 16C-16.0051(9)(b) and (c), which requires vegetation of upland areas, which may include dam embankments. Dams for the cooling pond, brine pond and solid waste disposal areas will have steeper slopes and the interiors of the dams will be concrete blanket revetments, synthetic liners or solid waste consistent with the industrial purposes for which these facilities have been constructed. Access to these areas will be controlled to prevent any potential safety hazard. Finally, FPC will need a variance from Rule 16C-16.0051(11)(b)(4), which requires reclamation to be completed within two years after mining operations are completed. Construction of the Polk County Site requires extensive dewatering and earthwork which cannot be completed within this timeframe. Applications for variances from mining reclamation criteria were included in Appendix 10.9 of the SCA and have been incorporated into the certification proceeding for the Polk County Site. DEP has redesignated these variance applications as EST-SC-FPC-V and IMC-NP-FPC-V. These variances are appropriate and should be granted. Agency Positions and Stipulations The Department of Environmental Protection, Southwest Florida Water Management District, and Polk County have recommended certification for the construction and operation of the initial 470 MW of natural gas combined cycle generating capacity and have recommended the determination that the Polk County Site has the ultimate capacity for 3,000 MW of natural gas and coal gas combined cycle generating capacity, subject to appropriate conditions of certification. No other state, regional or local agency that is a party to the certification proceeding has recommended denial of the certification for the construction of the initial 470 MW of generating capacity or determination of ultimate site capacity. Several agencies which expressed initial concern regarding certification of the Polk County Site have resolved those concerns with FPC and have entered into stipulations with FPC as discussed below. The Florida Department of Transportation, the Game and Fresh Water Fish Commission, and the Department of Community Affairs have entered into stipulations with FPC recommending certification of the Polk County Site and a determination that the Polk County Site has the ultimate site capacity to support 3,000 MW of NGCC and CGCC generating capacity subject to proposed conditions of certification. Hillsborough County, the Environmental Protection Commission of Hillsborough County, and the Tampa Port Authority have entered into a stipulation and agreement with FPC recommending certification of the backup natural gas pipeline corridor subject to proposed conditions of certification. FPC and the agency parties have agreed on a set of conditions of certification for the Polk County Site. Those conditions are attached as Appendix A to this Recommended Order.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that: Florida Power Corporation be granted certification pursuant to Chapter 403, Part II, Florida Statutes, for the location, construction and operation of 470 MW of combined cycle generating capacity as proposed in the Site Certification Application and in accordance with the attached Conditions of Certification. Florida Power Corporation's Polk County Site be certified for an ultimate site capacity of 3,000 MW fueled by coal gas, natural gas, and fuel oil subject to supplemental application review pursuant to 403.517, Florida Statutes, and Rule 17-17.231, Florida Administrative Code, and the attached Conditions of Certification. A zone of discharge be granted in accordance with the attached Conditions of Certification. The conceptual plan modifications (EST-SC-CPH and IMC-NP-FPC) for the mandatory phosphate mining reclamation plans be granted subject to the attached Conditions of Certification. The variances from reclamation standards (EST-SC-FPC-V and IMC-NP-FPC- V) as described herein be granted subject to the attached Conditions of Certification. DONE AND ENTERED this 3rd day of December, 1993, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-5308EPP RECOMMENDED CONDITIONS OF CERTIFICATION * * NOTE: 114 page Recommended Conditions of Certification plus attachments is available for review in the Division's Clerk's Office. COPIES FURNISHED: Gary P. Sams Richard W. Moore Attorneys at Law Hopping Boyd Green & Sams Post Office Box 6526 Tallahassee, Florida 32314-6526 Representing Applicant Pamela I. Smith Corporate Counsel Florida Power Corporation Post Office Box 14042 St. Petersburg, Florida 33733-4042 Richard Donelan Assistant General Counsel Department of Environmental Regulation 2600 Blair Stone Road, Room 654 Tallahassee, Florida 32399-2400 Representing DER Hamilton S. Oven, Jr. Office of Siting Coordination Division of Air Resources Mgmt. Department of Environmental Regulation 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Lucky T. Osho Karen Brodeen Assistant General Counsels Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Representing DCA Michael Palecki, Chief Bureau of Electric & Gas Florida Public Service Commission 101 East Gaines Street Tallahassee, Florida 32399-0850 Representing PSC M. B. Adelson, Assistant General Counsel Department of Natural Resources 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Representing DNR Carolyn S. Holifield, Chief Chief, Administrative Law Section Department of Transportation 605 Suwanee Street, Mail Station 58 Tallahassee, Florida 32399-0458 Representing DOT Doug Leonard, Executive Director Ralph Artigliere, Attorney at Law Central Florida Regional Planning Council 409 East Davidson Street Bartow, Florida 33830 Representing CFRPC Julia Greene, Executive Director Tampa Bay Regional Planning Council 9455 Koger Boulevard St. Petersburg, Florida 33702 Representing Tampa Bay Regional Planning Council John J. Dingfelder Assistant County Attorney Hillsborough County Post Office Box 1110 Tampa, Florida 33601-1110 Representing Hillsborough County Mark Carpanini Attorney at Law Office of County Attorney Post Office Box 60 Bartow, Florida 33830-0060 Representing Polk County Martin D. Hernandez Richard Tschantz Assistant General Counsels Southwest Florida Water Management District 2370 Broad Street Brooksville, Florida 34609-6899 Representing SWFWMD James Antista, General Counsel Florida Game and Fresh Water Fish Commission Bryant Building 620 South Meridian Street Tallahassee, Florida 32399-1600 Representing GFWFC Sara M. Fotopulos Chief Counsel Environmental Protection Commission of Hillsborough County 1900 Ninth Avenue Tampa, Florida 33605 Representing EPCHC Joseph L. Valenti, Director Tampa Port Authority Post Office Box 2192 Tampa, Florida 33601 Representing Tampa Port Authority Board of Trustees of the Internal Improvement Trust Fund Don E. Duden, Acting Executive Director Department of Natural Resources 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Representing the Trustees Honorable Lawton Chiles Governor State of Florida The Capitol Tallahassee, Florida 32399 Honorable Robert A. Butterworth Attorney General State of Florida The Capitol Tallahassee, Florida 32399-1050 Honorable Bob Crawford Commissioner of Agriculture State of Florida The Capitol Tallahassee, Florida 32399-0810 Honorable Betty Castor Commissioner of Education State of Florida The Capitol Tallahassee, Florida 32399 Honorable Jim Smith Secretary of State State of Florida The Capitol, PL-02 Tallahassee, Florida 32399-0250 Honorable Tom Gallagher Treasurer and Insurance Commissioner State of Florida The Capitol Tallahassee, Florida 32399-0300 Honorable Gerald A. Lewis Comptroller State of Florida The Capitol, Plaza Level Tallahassee, Florida 32399-0350
Findings Of Fact The proposed transmission line corridor is for the purpose of locating a 500 kV transmission line to provide dispersion of the additional power generated at the Crystal River Electric Power Plant when Unit 5 becomes operational in the fourth quarter of 1984. The northern terminus of the corridor is in Sumter County at the Central Florida Substation, located immediately south of State Road 44 in Section 24, Township 19 South, Range 23 East. The southern terminus of the corridor is in Polk County at the proposed Kathleen Substation, to be located north of U.S. Highway 98 in either Section 8 or 17, Township 26 South, Range 23 East. The length of the corridor is approximately 43 miles. The purpose of the corridor is to provide a 190 foot wide right-of-way for a 500 kV transmission line constructed upon steel lattice guyed V structures and four-legged, self-supporting steel lattice tower structures, with an approximate span between the structures of 1,200 feet. Pursuant to the requirements of Section 403.537, Florida Statutes (1980 Supp.), the Florida Public Service Commission, by order dated July 21, 1981, concluded that: The construction of the proposed transmission line will enhance electric system reliability and integrity. The proposed transmission line will improve the availability of low-cost electric energy within the State of Florida. The Central Florida Substation and the proposed Kathleen Substation are the appropriate starting and ending points of the transmission line. The Public Service Commission then determined that the proposed transmission line is needed. Notice of the final certification hearing was published on October 9, 1981, in the Leesburg Commercial, a daily newspaper published at Leesburg in Lake County, Florida, and on October 11, 1981, in The Ledger, a daily newspaper published at Lakeland in Polk County, Florida. For the purposes of this Recommended Order, the corridor for which FPC seeks certification will be broken down into three segments -- the North Corridor Segment, the Central Corridor Segment, and the South Corridor Segment. The entire corridor for which FPC seeks certification is depicted on Attachment 1 hereto. The segments are generally described as follows: The North Corridor Segment begins at the Central Florida Substation and continues to the northeast corner of the Withlacoochee State Forest and is 2,600 feet wide; The Central Corridor Segment begins at the northeast corner of the Withlacoochee State Forest and goes to a point which is the southeast corner of Section 8, Township 25 South, Range 23 East, which is generally 2 miles east of State Road 471 and south of the Withlacoochee River; and The South Corridor Segment begins at the termination of the Central Corridor Segment and continues to the proposed Kathleen Substation north of U.S. Highway 98. The three segments are described in detail in the application (Applicant's Exhibit No. 22). Parties to this proceeding agree that the North Corridor Segment and the South Corridor Segment, with certain Conditions of Certification about which the parties also agree, meet the requirements for site certification under the Transmission Line Site Certification Act. However, a dispute exists between the parties with regard to the certification of the Central Corridor Segment as proposed by FPC. The Applicant, the Department of Agriculture and Consumer Services, Division of Forestry, the Department of Natural Resources, the Florida Department of Transportation and C. M. Overstreet, et ux., argue in favor of the Central Corridor Segment as proposed by FPC. The Department of Environmental Regulation has proposed an alternative alignment to the Central Corridor Segment for which FPC seeks site certification. For purposes of this Recommended Order, this proposal by DER shall be referred to as the "DER Proposed Corridor." The Florida Game and Fresh Water Fish Commission and the Florida Department of Veteran and Community Affairs argue in favor of the DER Proposed Corridor. The DER Proposed Corridor begins at the northeast corner of the Withlacoochee State Forest and, proceeding in a westerly direction, the corridor parallels the northern boundary of the Withlacoochee State Forest and crosses North Grade Road. After approximately 6 miles (10 kilometers), the corridor crosses SR 471 and the Little Withlacoochee River, enters Hernando County, and turns due south, entering the Withlacoochee State Forest. Proceeding south on the west side of Route 471, the corridor crosses an unnamed dirt road in Section 1 (Hernando County), Richloam Clay Sink Road, and Center Grade Road, enters Pasco County 3 miles (4.8 kilometers) south of the Little Withlacoochee River crossing, and crosses unnamed roads in Section 25 (Pasco County), and exits the State Forest on the north side of Section 36, Township 23 South, Range 22 East. This alignment continues south along the west side of SR 471 to the west southern boundary of the State Forest and crosses SR 471 to the east side at the northwest corner of Section 7, Township 24 South, Range 23, East. It continues south along the east side of SR 471 to the southwest corner of Section 6, Township 25 South, Range 23 East, where it turns east southeasterly to go along the northeasterly side of a straight line connecting the southwest corner of Section 6, Township 25 South, Range 23 East and the northeast corner of Section 17, Township 25 South, Range 23 East where it joins the southern segment. This southeastern diagonal alignment crosses the Withlacoochee River in the vicinity of Trail Ford Bridge and enters Polk County. This corridor is 1,000 feet wide. The Department of Environmental Regulation has also proposed, as a second alternative to the Central Corridor Segment, deflections of that Central Corridor Segment in the area of Bayroot Slough and Cross Creek Swamp. For the purposes of this Recommended Order this proposal will be referred to as the "DER Preferred Alternate Corridor." The DER Preferred Alternate Corridor is the same as the Central Corridor Segment proposed by FPC except that the Central Corridor Segment is routed around Bayroot Slough and Cross Creek Swamp as follows: The Bayroot Slough bypass begins at the northeastern corner of Section 12, Township 23 South, Range 23 East and parallels on the south of a line from that point to the southwest corner at the same section, hence it parallels on the east a line from that point to the northeast corner of Section 24. This bypass corridor is 190 feet wide. The Cross Creek Swamp bypass begins at the northeast corner of the southeastern quarter of the southeastern quarter of Section 32, Township 24 South, Range 23 East and parallels on the northern side of a southwesterly line from that point to the northeast corner of the southwestern quarter of the southeastern quarter of Section 5, Township 25 South, Range 23 East; and then parallels on the west a due south line to the northeast corner of the southwest quarter of the southeast quarter of said Section 5 and then parallels on the southern side of a southeasterly line to the southeast corner of Section 5 and joins the FPC preferred corridor. The bypass corridor is 190 feet wide. The land uses in the North Corridor Segment consist primarily of agricultural uses, improved pasture, orange groves, row crops and some hardwood hammocks. The prevalent land uses in that part of the Central Florida Segment within the Withlacoochee State Forest are timber management and game management. The prevalent land uses within that part of the Central Florida Segment south of the Withlacoochee State Forest are private timber management and cattle operations. The DER Proposed Corridor and the Central Corridor Segment, south of the Withlacoochee State Forest, are composed of approximately the same types and amounts of wet land and forested areas. The proposed corridor in the Central Corridor Segment crosses two large wetland systems, Cross Creek Swamp and Bayroot Slough. The entire corridor proposed by the Applicant contains approximately 1,100 acres of cypress wetland. Altering the FPC corridor in the manner suggested by DER in the DER Proposed Corridor would increase the cypress wetland acreage encompassed by the corridor to 1,300 acres. A similar comparison of the two corridors with regard to fresh water marsh indicates that the DER Proposed Corridor would reduce the acreage of fresh water marsh encompassed by the corridor from 800 acres in the FPC corridor to 600 acres. Both corridors contain similar amounts of fresh water swamp. There are three large wetland systems in the FPC Proposed Corridor. They are Bayroot Slough, Devils Creek Swamp, and Cross Creek Swamp. Bayroot Slough is approximately 3,600 acres in area, Devils Creek Swamp is 8,800 acres in area and Cross Creek Swamp, 1,145 acres in area. The Applicant proposes to build an access/maintenance road completely through Devils Creek Swamp on the eastern most 20 feet of its right-of-way. This access/maintenance road would be used as a partial base for a levee proposed to be constructed in the area by the Southwest Florida Water Management District. This access/maintenance road would require the filling of approximately 9 acres, or one-tenth of one percent, of Devils Creek Swamp. In Bayroot Slough and Cross Creek Swamp, as well as all other major wetland areas, with the exception of Devils Creek Swamp, the Applicant proposes to use keyhold fills for the placement of its towers and to leave the span between towers open with no placement of fill. These construction techniques are designed to permit sheet flow to continue in a near natural state, thus minimizing adverse impact on those wetland areas. In Bayroot Slough, approximately six acres, or less than two-tenths of one percent, are proposed to be filled in connection with construction of the subject line. In Cross Creek Swamp, approximately four acres, or less than four-tenths of one percent of the total swamp area, will be filled for the construction of an access/maintenance road. The DER Proposed Corridor would require approximately four additional miles of transmission line than would the corridor proposed by FPC. That would increase the cost of construction of the transmission line from approximately $23,174,000.00 to $25,824,000.00 Thus, the DER Proposed Corridor would cost $2,650,000.00 more to construct than would the corridor proposed by the Applicant. The DER Preferred Alternate Corridor, which contains deflections around Bayroot Slough and Cross Creek Swamp, would require approximately .87 miles more transmission line than would the FPC Proposed Corridor and because of that additional length and the number of turning angles necessary,, would cost approximately $1,344,000.00 more to construct than would the corridor as proposed by FPC. The wetland systems in the region which contain Bayroot Slough, Devils Creek Swamp and Cross Creek Swamp are interrelated with regard to wildlife. This region is approximately 25,000 acres in size. Approximately 96 acres would be cleared and 19 acres filled with the construction of a transmission line along the corridor proposed by the Applicant. The right-of-way required for the proposed 500 kV transmission line will measure 190 feet in width. The transmission line will consist of one single circuit 500 kV line. The basic structure type selected for the proposed transmission line is a steel lattice guyed V. This structure will be used to support the conductors on straight portions of the line. At angles in the transmission line, the conductors will be supported by a four-legged, self- supporting steel lattice tower. These angle structures are significantly more expensive than the steel lattice guyed V structures. The structures will be constructed of steel angle sections and will be galvanized. The guy wires for the guyed V structure will be either aluminum coated steel cable or an aluminum cable with an approximate diameter of 1.0 to 2.0 inches. A four-legged self- supporting steel lattice structure may be used on some straight portions of the transmission line where required, due to soil conditions, clearances, or other engineering or environmental considerations. The structures will support a single three-phase alternating current, 500,000 volt circuit. Three conductors will be included in each phase, resulting in a total of nine conductors for the circuit. The structure also supports two overhead ground wires which protect the circuit from lightning strikes. The conductor will be supported in the structure by insulator and hardware assemblies. A typical foundation for the guyed V structure will be a cast-in-place reinforced concrete foundation. Guy wires will be attached. The angle structure will be supported on cast-in-place reinforced concrete cylinder foundations. The structures will be electrically grounded. The minimum conductor to ground clearance will be 37 feet at 120 degrees Fahrenheit. A typical span between structures is 1,200 feet. The transmission line will be designed to meet or exceed the requirements of the National Electric Safety Code, 1973 and 1981 Editions. Construction of the transmission line will be done in three phases. The first phase will consist of clearing the right-of-way and access/maintenance road construction. The second phase will consist of construction of the towers, and the third phase will consist of the actual stringing of the conductors. Because of the very small amount of the total aquifer recharge area proposed to be filled by the Applicant, there will be no significant adverse impact to aquifer recharge capabilities because of the construction of the transmission line. If constructed with an adequate amount of culverting, the access/maintenance roads proposed to be constructed by the Applicant will not significantly affect the surface regime in the areas within the FPC Proposed Corridor. Outside of the 190 foot transmission line right-of-way there will be essentially no change in-existing vegetation. Within the 190 foot right-of-way, only the inside 150 feet will be cleared with the outer 20 feet on each side being cleared only of "danger" trees; that is, trees that might fall on to the line because they are diseased, dead or leaning toward the line. Benthic organisms (microscopic, microinvertebrates, which are aquatic organisms on the lower levels of the food chain) could be adversely impacted if the wetland they inhabit is relatively small compared to the amount of fill required in that wetland for the construction activities associated with the transmission line. If the wetland is relatively large, however, there will be no discernible impact on the standing crop of benthic organisms because they can migrate to other portions of the wetland which are not filled. The DER Proposed Corridor has a greater number of relatively small wetland areas than does the FPC Proposed Corridor. No evidence was presented to establish any adverse impact by construction of a transmission line to upland wildlife habitat or upland wildlife species with the exception of the American wood stork. Although the evidence did establish that construction of a transmission line through wetland wildlife habitat could adversely affect some wildlife species within that habitat, the evidence did not establish that the extent of such an impact on any species would be significant in either the FPC Proposed Corridor, the DER Proposed Corridor or the DER Preferred Alternate Corridor. Witnesses for the Department of Environmental Regulation and the Florida Game and Fresh Water Fish Commission expressed a concern that placement of a transmission line in the FPC Proposed Corridor will allow increased human access to the large wetland areas within that corridor. The evidence considered overall, however, does not establish that placement of a transmission line in the FPC Proposed Corridor" will in fact result in any significant increased human access to the large wetland areas within that corridor or that such access per se would result in some significant adverse environmental impact. In order to attenuate potential flood damage along the Withlacoochee River, the Southwest Florida Water Management District proposes the construction of a levee to capture and hold 25-year and greater storm events in head-water areas of the Withlacoochee River. This is an ongoing project of SWFWMD which, at best, is several years from construction. In the area of Devils Creek Swamp, the Central Corridor Segment proposed by the Applicant would co-locate the transmission line with the SWFWMD proposed levee, thus minimizing the amount of fill to be placed in that area by the two projects and minimizing the adverse impact of the wetland system by the transmission line. Should such co-location occur, it would have the minimizing effect outlined above. However, because of the prospective nature of the SWFWMD project, the ultimate co-location of the transmission line and the SWFWMD levee is too speculative to assign much weight to its significance. Should a transmission line be placed adjacent to Highway 471 as proposed as an alternative by the Department of Environmental Regulation, some of that transmission line would cross property which is intended for residential development by its owners. The Florida Department of Agriculture and Consumer Affairs, Division of Forestry, has indicated its hope that the alignment of the transmission corridor as proposed by the Applicant in the area of the Withlacoochee State Forest would provide a fire break beneficial to the Division for forest management purposes. There are three endangered species to which special attention should be paid with regard to the construction of a transmission line and associated faciliti es. These are the scrub jay, the red-cockaded woodpecker, and the wood stork. The scrub jay is found in vegetation typically less than 25 feet tall so that except for tower placement, scrub jay habitat will be essentially unaffected. The Applicant has agreed to a Condition of Certification to further protect the scrub jay and its habitat by avoiding colonies where found or by leaving the oak scrub in place under the wires. The red-cockaded woodpecker nests and roosts in mature and over-mature pines. Such trees may occur within the proposed corridor. To protect colonies that may exist, a survey needs to be performed prior to final right-of-way selection and if a colony is found, a right-of-way should be chosen to avoid that colony if at all possible. It could be very costly to divert the transmission line around such a colony by angles in the line. None of the proposed corridors cross a known wood stork rookery. However, a former rookery exists at Clay Sink wading bird site and will probably again become a rookery in the future when favorable conditions again exist. The FPC Proposed Corridor is more than a mile from any known wood stork rookery which should eliminate any significant adverse impact on such a site. A 500 kV transmission line is an extra high voltage line. The highest electrical field strength directly underneath the proposed Central Florida-to- Kathleen 500 kV transmission line at ground level will be less than 10,000 volts per meter, and the field strength will diminish with distance from the line. The magnetic field associated with the proposed transmission line will be less than 0.5 gauss. Testimony and evidence establishes that the electric and magnetic field forces encountered in the vicinity of the transmission line at ground level will have essentially no biological effect and will be no stronger than similar forces encountered in the normal course of modern daily life. Because of the size of the conductors to be used on the proposed transmission line, the ozone produced by that line will be negligible and will be well below the maximum ozone concentration level (0.12 ppm) recommended by the United States Environmental Protection Agency. During fair weather, the line will be virtually silent. During wet weather, when the conductors are wet, the noise level will be approximately 38 dBA at the edge of the right-of-way. This is a low noise level. At locations near the edge of the right-of-way, some interference with the reception of AM radio signals will experienced, particularly during wet conductor conditions. No interference to reception of FM radio broadcasts is expected from the proposed transmission line at any time. Television reception may be affected similarly-to that of AM radio signals. No hazardous induced currents are expected to occur in structures or vehicles beneath the line. Except as otherwise noticed in the Findings of Fact herein, the testimony and evidence in this cause establishes that the proposed transmission line, if constructed along a right-of-way in the corridor as proposed by the Applicant, pursuant to the Conditions of Certification, would have no significant adverse effect on the environment, public health, safety or welfare. Similarly, neither the DER Proposed Corridor nor the DER preferred Alternate Corridor would have any significant adverse effect on the environment, public health safety or welfare. The evidence does not establish that the two alternative corridors proposed by DER would have an appreciably reduced effect on the environment, public health, safety or welfare. The evidence does establish, as set forth in Paragraph 13 above, that the two DER alternatives would be significantly more expensive to construct than would the FPC proposed corridor. The corridor as proposed by FPC and depicted on Appendix 1 is 2,600 feet wide from its starting point at the existing Central Florida Substation to the northeast corner of Section 1, Township 23 South, Range 23 East, also the northeast corner of the Withlacoochee State Forest. At that point, the corridor narrows to 1,000 feet and continues to proceed southerly immediately west of the Sumter/Lake County line. At a point identified as the northeast corner of Section 1, Township 24 South, Range 23 East, the corridor narrows to 500 feet and proceeds in a southwesterly direction with 250 feet-on either side of a line running from the northeast corner of Section 1, Township 24 South, Range 23 East, to the southwest corner of Section 4, Township 24 South, Range 23 East. At a point identified as the southwest corner of Section 4, Township 24 South, Range 23 East, the corridor turns due south, expands to 1,020 feet with the eastern 20 feet inside the SWFWMD west property line, and proceeds directly south paralleling the SWFWMD proposed levee for approximately one and one-half miles through "Devils Creek Swamp" to a point where the transmission line corridor end the SF4D proposed levee diverge. The corridor narrows to 1,000 feet and proceeds directly south immediately west of the SWFWMD west property line to the proposed Kathleen Substation site.
Findings Of Fact The Respondent, Florida Department of Health and Rehabilitative Services, is an agency of the State of Florida charged with the responsibility, inter alia, for setting and enforcing health and safety standards for hospitals located within the state. In furtherance of this function, the Department has adopted rules set out Chapter 10D-28, Florida Administrative Code. Among these rules are provisions which set standards for hospital construction which are designed to assure the fire and electrical safety of patients, staff and visitors to hospitals. The Department enforces its rules by licensing or certifying hospitals which comply with them, and by refusing licensure or certification to those which do not. The Department's Rule 10D-28.79, Florida Administrative Code, relates to codes and standards for the physical plant of new and existing hospitals. The rule does not set out code provisions, but rather adopts various construction and life safety codes by reference. Rule 10D-28.79(5) provides in pertinent part: The following codes and regulations are herein adopted by the licensing agency [the Department], and it shall be the responsibility of the sponsor [licensed hospitals] to consult such codes for compliance with all matters not specifically set forth in this chapter. Standard Building Code, 1976 edition, Group I, Institutional Occupancy. National Fire Protection Association No. 101, Life Safety Code 1973 Edition; Appendix B of this Code adopts several other NFPA standards, which shall be met . . . This rule became effective on January 1, 1977. Copies of the codes that were adopted by reference did not accompany the rules as the were filed with the Office of the Secretary of State. The Life Safety Code is a publication of the National Fire Protection Association (NFPA). Appendix B to the Code, which is referenced in the Department's Rule 10D-28.79(5)(b) is titled "Referenced Publications" and provides in part as 7 follows: The following publications are referenced by this Life Safety Code and thereby comprise a part of the requirements or recommendations to the extent called for by the Code or Appendix A, respectively. The Appendix goes on to list more than fifty publications, including the 1971 National Electric Code, which is another publication of the National Fire Protection Association. The crux of this proceeding is a single paragraph of this publication. Paragraph 517-51(a) sets an electrical performance standard to be met in hospital areas where "electrically susceptible patients" are housed. The paragraph provides: In electrically susceptible patient areas the maximum 60-hertz alternating-current potential difference between any two conducting surfaces within thee reach of a patient, or those persons touching the patient, shall not exceed five millivolts measured across 500 ohms under normal operating conditions or in case of any probable failure. The Department has interpreted its Rule 10D-28.79(5)(b) as adopting as performance standards the provisions of all of the codes set out in Appendix B of the 1973 Life Safety Code, including the 1971 National Electric Code, and paragraph 517-51 thereof. There are conflicting provisions in the various Life Safety and Electrical Codes that the Department has adopted, and contends that it has adopted through its adoption of Appendix B of the 1973 Life Safety Code. The Department resolves these conflicts by requiring hospitals to develop solutions which will meet the provisions of all of the codes. The provisions of paragraph 517-51(a) of the 1971 National Electric Code are considerably more strict than similar provisions set out in later editions of the National Electric Code, including the 1975, 1978 and 1981 Codes. The Department contends that hospitals must comport with the most strict of these requirements, i.e. the ones set out in paragraph 517-51(a) of the 1971 Code. The Petitioner Memorial Hospital of Jacksonville is an accredited, licensed hospital in the State of Florida. Memorial Hospital is presently in the process of constructing a three million dollar renovation, including a renovation to its critical care unit. In order to comply with the provisions of paragraph 517-51(a) of the 1971 National Electric Code, Memorial Hospital would need to expend approximately $55,000 that would not need to be expended in order to comply with provisions of other codes. Memorial Hospital has requested a variance from the Department from the requirement of complying with this provision. The Petitioner St. Vincent's Medical Center is an accredited, licensed hospital located in Jacksonville, Florida. St. Vincent's Medical Center is currently involved in a project to renovate and add space to its existing facilities, including a thirty-two bed critical care unit. In order to comply with the provisions of paragraph 517-51(a) of the 1971 National Electric Code, St. Vincent's would be forced to expend from $75,000 to $80,000 which would not be necessary in order to comply with the provisions of other codes. St. Vincent's Medical Center has requested a variance from the requirements of that provision from the Department. Halifax Hospital Medical Center is an accredited, licensed hospital located in Daytona Beach, Florida. Halifax Hospital has been advised that it would be required to comply with the provisions of paragraph 517-51(a) of the 1971 National Electric Code in renovating and expanding its critical care unit. While the precise cost of complying with the provision cannot be determined, it is evident that Halifax Hospital would be required to expend more money to comply with the provision than would be required to comply with other provisions. The Petitioner Shands Teaching Hospital and Clinics, Inc., is an accredited, licensed hospital located in Gainesville, Florida. Shands Hospital is presently in the process of expanding and renovating its facility, including its critical care unit. Shands Hospital has been advised by the Department that it would need to comply with the provisions of paragraph 517-51(a) of the 1971 National Electric Code in connection with the critical care unit. The cost of complying with this provision would be approximately $140,000 over the cost of complying with other provisions. No evidence was presented with respect to the Petitioner Variety Children's Hospital. The Department's interpretation of its Rule 10D-28.79 as having adopted by reference the performance standard set out at paragraph 517-51(a) of the 1971 National Electric Code is in error. While the Department's rule references Appendix B to the 1973 Life Safety Code, it provides only that that Appendix adopts several other standards which must be met. While the Appendix references the 1971 National Electric Code, it adopts only the provisions of the 1971 National Electric Code and the other referenced publications to the extent that they are otherwise adopted in the 1973 Code or Appendix A thereto. Paragraph 517-51(a) of the 1971 Code is not referenced in Appendix A to the 1973 Life Safety Code, nor in any other pertinent place. The Department has, albeit erroneously, interpreted its rules as adopting paragraph 517-51(a) of the 1971 National Electric Code. This interpretation is being uniformly applied by the Department, and therefore itself constitutes a rule. The interpretation has not itself been adopted as a rule other than through the provisions of Rule 10D-28.79. The 1971 National Electric Code was not filed with the Office of the Secretary of State when Rule 10D-28.79 was filed, and is not generally available. It has been replaced by subsequent editions of the National Electric Code and is no longer generally available to members of the public at large. The effect of the Department's interpretation of its rules as adopting the standard set out in paragraph 517-51(a) is to require hospitals to install "isolated power sources" in critical care units. The standard by its terms applies to areas of a hospital where electrically susceptible patients are housed. Such patients are housed in operating rooms, rooms where highly flammable anesthetics are used, and in critical care units. Other standards adopted by the Department expressly require installation of isolated power sources in operating rooms and in rooms where flammable anesthetics are used. The fact that these are "wet" areas and areas where flammable materials are kept justifies those requirements. These conditions do not apply to critical care units. The electrically susceptible patients who are housed in critical care units are patients who have catheters inserted into their bodies, and extensions from the catheters protruding outside their bodies. The most common such patient is a patient with a pacemaker attached to his or her heart. With such patients an electrical device outside the body is connected through a catheter into a vein, and eventually to an area close to or actually at the heart. These patients are electrically susceptible because low levels of electrical current that might flow through the catheter could kill the patient. A power source of less than 100 millivolts if attached to the catheter in such a way that current could flow through the catheter could have the effect of fibrillating a patient's heart and killing him. This is much less power than would do any damage to a person under normal conditions, and considerably less voltage than would commonly result from short circuits or other malfunctions in equipment powered by conventionally grounded power sources. The amount of voltage that would be available given a fault or short circuit condition can be reduced through use of isolated power systems. Such a system includes a transformer which provides a demarcation between the incoming or primary power line, which is conventionally grounded, and the outgoing or secondary line. The secondary line is isolated from ground, neither wire being connected to ground. The secondary line runs into circuit breakers then to receptacles about the room. All of this equipment is installed in an electrical box. A monitor or gauge is installed on the face of the box. The monitor visually displays the extent of degradation of the secondary line, i.e. , whether the secondary line has become grounded. By observing the monitor, it is possible to avoid grounding a patient so that electrical currents cannot pass through the patient. The Department maintains that the 1971 Code standard can be met only through installation of isolated power sources. Under some fault circumstances this is correct, and, no other practical technology exists to meet the standard under any fault circumstances. Imposition of the standard set out at paragraph 517-51(a) of the 1971 National Electric Code is arbitrary and unreasonable. In the first place, no known technology can meet the standard. Even an isolated power system will meet the standard only in the case of line-to-ground faults. In cases where ground is lost, the isolated power system will not stay within the standard. The Department's action in requiring hospitals to install line isolation monitors thus meets the standard only under one fault circumstance, and it is not the one that most commonly occurs. Even as to those faults for which the line isolation monitor will accomplish the meeting of the 1971 standard, there is no valid reason for requiring their installation. The goal of protecting an electrically susceptible patient from electrocution can be easily and reliably accomplished by protecting the catheter from contact with electrical power sources. Basically, in order to create an electrical incident, or a shock, one part of a person's body has to touch some metal, another part has to touch some metal, and some current has to flow. This can be broken down into eight steps that would need to occur for a patient to be shocked: First, a power source or power line has to run close to the patient. Second, the line has to be exposed and touch metal. Third, the metal has to become live. Fourth, the metal must become ungrounded. Fifth, the patient has to touch the metal directly or through some conductive path. Sixth, a second conductive surface (more metal) has to be available. Seventh, the patient has to touch it. Eighth, the current has to be at a level that will cause harm. If any of these things does not happen, there will not be a shock. During the 1960's and early 1970's, the fact that very low levels of electrical current could cause fibrillation of the heart was not understood. This fact has been understood now for some time, and hospitals have looked to avoid placing patients in circumstances where the eight steps can occur. Looking at the problem in this manner allows hospitals to focus on what factors can easily be eliminated. Current practice is not to ground things which do not have to be grounded. It had previously been the practice to ground all of the metal around the patient, creating a "bathtub" effect. The line isolation monitor serves to eliminate the eighth of these steps by, in at least one fault circumstance, allowing only very low levels of current to flow. The other steps can be more easily eliminated. One means of accomplishing that is to isolate the power source to the catheter. Thus, battery powered equipment is now typically used, rather than equipment that attaches directly to the main power source. Furthermore, catheters protruding from a patient's body are now insulated, and critical care unit personnel are instructed not to touch them unless they are wearing rubber gloves. The taking of these steps eliminates the possibility for electrocution of an electrically susceptible patient through low voltage currents (microshock). There have been no documented deaths of patients through such microshock anywhere in the world since 1972. Even in that instance, which occurred in the United Kingdom, the accident did not happen in a critical care unit, but rather in an operating unit. The circumstances of the incident were that a hospital had been callously negligent in allowing its equipment to be modified so that inadequate switches were attached to an operating table and open current lines were exposed. Blood from a patient flowed to the open lines, and electrocution resulted. This incident bears no relevance to the instant rule. In the first place, it occurred in an operating room, where isolated power systems are properly required. In the second place, the hospital staff was incredibly negligent about its procedures and equipment. In addition to the fact that isolated power systems no longer accomplish any valid purpose in preventing microshock, there are disadvantages to their use. These disadvantages include: (1) Line isolation monitors limit the amount of power that is available at bedside in critical care units. There is a need for considerable available power at bedside, and line isolation monitors limit available power, and can contribute to power interruptions. (2) A component is added to the power distribution system so that an additional point of failure exists. (3) The isolation system is installed at the head of beds in a critical care unit, thus interfering with the possibility of putting other equipment in that place. (4) Isolated power systems with their transformers and monitors can produce an annoying hum. (5) Isolated power systems give off heat. (6) Line isolation monitors which go with isolated power systems can cause interference with other devices, such as electroencephalograms and electrocardiograms. (7) Several models of isolated power systems, including those required under the 1971 National Electric Code, require special electrical receptacles, thus limiting the use of various appliances in a critical care unit. (8) Personnel have to be trained as to the nuances of isolated power systems, and as to the meaning of readings on the monitor. (9) Isolated power systems can give personnel a false security and cause carelessness in preventing the factors which could cause and electrical current to flow through a catheter. Except for electrically susceptible patients as described herein, there is no reason to require installation of isolated power sources in critical care units. Petitioners have contended that other regulations of the Department which relate to the setting of fire protection standards in hospitals constitute invalid exercises of delegated legislative authority. No evidence was presented as to how these standards specifically affect any of the Petitioners. No evidence was presented to establish that any of the Petitioners are in any way injured or adversely affected by the rules.
