26039861 - Florida Administrative Rules, Law, Code, Register

Florida Department of State and Division of Library and Information Services


Notice: 26039861
Notice of Meeting/Workshop Hearing

Department:	DEPARTMENT OF ENVIRONMENTAL PROTECTION


Overview



	The Siting Coordination Office announces a hearing to which all persons are invited.

DATE AND TIME:	Beginning September 12, 2022, 9:00 a.m. and continuing to September 16, 2022, as necessary. Testimony from the public will be received on September 12, 2022, from 5:00 p.m. to 7:00 p.m.

PLACE:	The Genesis Center, 218 East Belleview Street, Lake Placid, Florida

Subject:	The Florida Power & Light Company (FPL) filed an application (Siting Application No. TA22-19, OGC Case No. 22-1716) for certification with the Department of Environmental Protection on April 18, 2022 to authorize the construction, operation, and maintenance of a new 230 kilovolt (kV) electrical transmission line that will extend from the existing Sweatt substation in Okeechobee County to the Whidden substation in DeSoto County. The case is pending before the Division of Administrative Hearings, Case No 22-0022-1246TL, prior to action by the Governor and Cabinet, or the Secretary, pursuant to the Florida Electrical Transmission Line Siting Act, Chapter 403, Part II, Florida Statutes (F.S.). Administrative Law Judge Francine M. Ffolkes will conduct a hearing to take written or oral testimony on the environmental effects and any other matters appropriate to the consideration of the corridor and whether to approve the site certification of the proposed FPL Sweatt-Whidden 230 kV Electrical Transmission Line pursuant to the Florida Electrical Transmission Line Siting Act, Sections 403.52-.5365, F.S. The Public Service Commission has previously determined the need for the facility at a separate hearing and the need determination will not be an issue at this hearing. Following the hearing, Judge Francine M. Ffolkes will prepare a Recommended Order for submission to and final action by the Governor and Cabinet acting as the Siting Board. Pursuant to Section 403.527(2)(a), F.S., parties to the proceeding shall include the applicant, the Public Service Commission, the Department of Economic Opportunity, the Fish and Wildlife Conservation Commission, the St. Johns River Water Management District, the South Florida Water Management District, the Southwest Florida Water Management District, the Department of Environmental Protection, the Department of Transportation, Okeechobee County, Glades County, Highlands County, and DeSoto County. The Site Certification Application is available for public inspection electronically at this website http://publicfiles.dep.state.fl.us/Siting/Outgoing/FPLSweattWhidden230kVTA22_19/Application/ and during normal business hours at the following physical locations: Florida Department of Environmental Protection Siting Coordination Office at 2600 Blair Stone Road, Tallahassee, FL 32399; Southeast District Office, 3301 Gun Club Road, MSC 7210-1, West Palm Beach, Florida 33406; Florida Power & Light Company, 700 Universe Boulevard, Juno Beach, FL, 33408; Okeechobee County Public Library, 206 SW 16th Street, Okeechobee, Florida 34974; Glades County Public Library, 201 Riverside Drive, Moore Haven, Florida 33471; Lake Placid Memorial Library, 205 West Interlake Boulevard, Lake Placid, Florida 33852; Arcadia Public Library, 125 North Hillsborough Avenue, Arcadia, Florida 34266. The Department of Environmental Protection’s Project Analysis Report will be available for public inspection at https://floridadep.gov/air/siting-coordination-office/content/fpl-sweatt-whidden-230kv-transmission-line-project. Any party listed in Section 403.527(2)(a), F.S., other than the Department of Environmental Protection or the applicant may waive its right to participate in these proceedings if such party fails to file a notice of its intent to be a party on or before the 30th day prior to the certification hearing. In addition, notwithstanding the provisions of Chapter 120, F.S., upon the filing with the administrative law judge of a notice of intent to be a party no later than 30 days before the certification hearing, the following shall also be parties to the proceeding: any agency not listed in Section 403.527(2)(a), F.S., as to matters within its jurisdiction; any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation or natural beauty, to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; or to promote comprehensive planning or orderly development of the area in which the proposed electrical transmission line is to be located. Other parties may include any person, including those persons listed herein who have failed to timely file a notice of intent to be a party, whose substantial interests are affected and being determined by the proceeding and who timely file a motion to intervene pursuant to Chapter 120, F.S., and applicable rules. Intervention pursuant to Section 403.527(2)(c), F.S., may be granted at the discretion of the designated administrative law judge and upon such conditions as he or she may prescribe any time prior to 30 days before the commencement of the certification hearing. Motions to intervene must be filed (received) with Administrative Law Judge Francine M. Ffolkes, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, at least 30 days prior to commencement of the certification hearing, and must contain the following: reference to the application number; the case number of the Division of Administrative Hearings; the name, address, and telephone number of the person filing the motion; and, allegations sufficient to demonstrate that the person filing the motion is entitled to participate in the hearing. Copies must be sent by mail to the applicant and all parties. A list of parties may be obtained from the Department of Environmental Protection’s Siting Coordination Office at Bob Martinez Center, 2600 Blair Stone Road, M.S. 5500, Tallahassee, Florida 32399, SCO@dep.state.fl.us. Those wishing to intervene in these proceedings, unless appearing on their own behalf, must be represented by an attorney or other person who can be determined to be qualified to appear in administrative proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, F.A.C. The certification hearing may be cancelled in accordance with Section 403.527(6)(a), F.S.: “No later than 29 days before the certification hearing, the department or the applicant may request that the administrative law judge cancel the certification hearing and relinquish jurisdiction to the department if all parties to the proceeding stipulate that there are no disputed issues of material fact or law to be raised at the certification hearing, and if sufficient time remains for the applicant and the department to publish public notices of the cancellation of the hearing at least 3 days prior to the scheduled date of the hearing..” If the Administrative Law Judge grants the request, the Department will prepare and issue a final order in accordance with Section 403.529(1)(a), F.S.


	A copy of the agenda may be obtained by contacting: Ann Seiler, Bob Martinez Center, 2600 Blair Stone Road, M.S. 5500, Tallahassee, Florida 32399, 850-717-9113, SCO@dep.state.fl.us

PRINT PUBLISH DATE:	7/11/2022 Vol. 48/133


REFERENCE MATERIALS:	No reference(s).

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Overview