Written Notice of Determination – Transmission Line Construction Not Subject to Transmission Line

Siting Act Certification

Applications for certification for 230 kV transmission lines are subject to the Transmission Line Siting Act (TLSA) in accordance with the provisions of Sections 403.52 through 403.5365, Florida Statutes (F.S.) and Chapter 62-17, Part II of the Florida Administrative Code (F.A.C.). The Siting Coordination Office is the licensing authority responsible for making a determination regarding the necessity of Site Certification under the TLSA for this project. The licensing authority’s physical address is: 3900 Commonwealth Blvd., Tallahassee, Florida. The licensing authority’s mailing address is: 3900 Commonwealth Blvd., MS #48, Tallahassee, Florida 32399-3000. The licensing authority’s telephone number is (850)245-2002.

Progress Energy Florida (PEF), Inc. proposes to construct a new 230 kV transmission line, less than 15 miles in length, that begins at PEF’s Intercession City Substation (and plant site) and terminates at the certified (but not yet constructed) Lake Agnes-Gifford transmission line, entering the Greater Orlando area from the west. Additional details of the proposed project are available from the Siting Coordination Office at the addresses listed above.

The Siting Coordination Office determines that the activity is exempt from licensing under the TLSA. The exemption of a transmission line under the TLSA does not constitute an exemption for the transmission line from other applicable permitting processes under other provisions of law or local government ordinances. The licensing authority gives notice of its intent to authorize PEF to obtain separate and individual permits and approvals for the above described activity. In accordance with Section 403.524(4), F.S., PEF shall provide a submittal filed to the department before the start of construction demonstrating that the transmission line(s) comply with the applicable electric and magnetic field standards. At that same time, the applicant shall additionally provide the licensing authority with amendment pages to the site certification application related to license TA07-16 (Lake Agnes-Gifford) showing the interconnection(s) between the Lake Agnes-Gifford certified corridor and the 230 kV tie to Intercession City. The above decision is made pursuant to Section 403.524(2)(d), F.S. The licensing authority will issue a Final Determination unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S. or unless public comment received in accordance with this notice results in a different decision or a significant change of terms or conditions. The license authority’s Final Determination of exemption may be revoked if the proposed activity is substantially modified or the basis for the exemption is determined to be materially incorrect.

A person whose substantial interests are affected by the proposed agency action may petition for an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed with (received by) the Department’s Agency Clerk in the Office of General Counsel of the Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station #35, Tallahassee, Florida 32399-3000. Petitions filed by the applicant or any of the parties listed below must be filed within 21 days of receipt of this Written Notice of Intent. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the attached Public Notice. Under Section 120.60(3), F.S., however, any person who asked the licensing authority for notice of agency action may file a petition within 14 days of receipt of that notice, regardless of the date of publication. A petitioner shall mail a copy of the petition to the applicant at the address indicated above, at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the approval of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

A project file is available for public inspection during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (except legal holidays), at the address indicated above for the licensing authority. The project file includes the Notice of Determination, the Public Notice of Intent and the request submitted by the applicant. Interested persons may contact the licensing authority for additional information at the address or phone number listed above.