1 the siting acts electrical power plant siting act electrical transmission line siting act natural...

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The “Siting” Acts

Electrical Power Plant Siting Act

Electrical Transmission Line Siting Act

Natural Gas Transmission Pipeline Siting Act

The Certification Process and Agency Involvement

Created forSiting Workshop – Altamonte Springs

February 5, 2008http://www.dep.state.fl.us/siting

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The Certification Process and Agency Involvement

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Created by Florida Legislature in 1973

Revised in 2006

Sections 403.501- 403.518, Florida Statutes

Supporting Rule: 62-17, Part I, F.A.C.

Multi-agency review with ultimate approval by Governor & Cabinet (“Siting Board”)

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Power plants prior to 1973 continue being licensed through regular permitting processes.

Some sites have generation units which were permitted both prior to the passage of the Act, and after the Act. Different procedures and coordination contacts may apply for the same site’s differing units.

The Department of Environmental Protection’s (DEP) website contains a listing of sites regulated under the

Power Plant Siting Act: (http://www.dep.state.fl.us/siting/certification.htm).


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Thresholds:

Steam electric power plants > 75 megawatts (MW) (gross steam component)

Solar power plants which are > 75 MW

Steam plants may be combined-cycle units, nuclear units, IGCC, pulverized coal units, or conventional oil/gas-fired.

Combustion turbines can be permitted in conjunction with a certified facility, or as an addition via the modification process, but alone do not trigger the certification process.


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1) Determination of Need – PSC (Public Service Commission)

2) Site Certification Application (SCA) Review – DEP with affected agencies

3) Federal Permits – Must be in at least “Draft” stage prior to certification hearing. (PSD, NPDES, UIC, RCRA)

Site Certification ProcedureCertification Requirements

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Site Certification ProcedureAffected Agencies

Department of Community Affairs

The Water Management District

Each Local Government

Fish and Wildlife Conservation Commission

Regional Planning Council

Department of Transportation

Any other agency, if requested by the Department (Dept. of State, Dept. of Agriculture)

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Certification (Licensing) supersedes and encompasses ALL state and local permits and approvals.

Certification does not supersede Federal permitting processes (PSD, NPDES, UIC, RCRA)


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Licensing is for the “Life of the Facility”

May include “associated facilities” distant from or extending from the main site such as:

• Landfills

• Natural gas pipelines

• Rail lines

• Roadways

• Electrical transmission lines


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Associated facilities certification may be for a “corridor”, within which the right-of-way (ROW), associated facility, and access and maintenance roads will eventually be located.

Corridor may be up to a mile in width, with unlimited length.

Review process is for entire corridor, with focus on where a ROW would not be appropriate or permittable.

Corridor will be reduced to the boundary of the ROW after certification.


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PPSA Certification Procedures

The certification process is a legal proceeding.

DEP (The Siting Office):

administers the processing of applications

administers and manages the terms and conditions of the certification order for the life of the facility

The schedule and proceeding incorporates a “Land Use Determination” (which is made by the local government) with final approval of land use by the Siting Board.

Depending on whether the project is disputed, the Final Order of certification will be issued by the Siting Board or the DEP Secretary.

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PPSA Certification ProceduresLand Use Determination

This is not a step that the Districts or WM Districts will be involved in.

However, since a hearing may occur in the case of a dispute, with newspaper and other public notice

published, staff need to be aware of this step (may occur after completeness review but prior to

Preliminary Statements of Issues).

Refer any questions to the Siting Coordination Office.

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PPSA Certification Procedures

Timelines of Certification are Controlled by Statute.

Once the applicant submits the Application, DEP (Office of General Counsel) must immediately file

the application with the Department of Administrative Hearings (DOAH).

Within 7 days of receipt of SCA, DEP must propose a schedule and request the appointment of an

Administrative Law Judge (ALJ).

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PPSA Certification ProcedureCompleteness Review

Affected Agency comments/recommendations on completeness are due to DEP within 30 days of filing of the Application.

DEP (Siting) must file a Completeness Determination (1st) with DOAH within 40 days of filing of the Application.

The applicant has 30 days to submit additional information. (can also ask for more time)

Agencies have 15 days from receipt of additional information to comment on completeness.

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PPSA Certification ProcedureCompleteness Review

DEP (Siting) has 7 more days to file the 2nd Completeness Determination with DOAH.

The second completeness step continues until the application is found complete.

This is a funneling process. No new issues unless related to answers to previous questions.

Most applications are found complete on the second go-round.

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PPSA Certification ProcedurePreliminary Statements of Issues

Required by Statute – Agencies (WMDs/DEP Districts/Bureaus)

Due 40 days after application is “complete”.

This is a “heads up” to DEP and applicant on things that could be a barrier to certification.

Gives the applicant a chance to contact the agency and work on solving the issues.

Failure to raise an issue here “shall not preclude the issue from being raised in the agency’s report”.

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PPSA Certification ProcedureAgency Reports

Required by Statute for all statutory agencies. DEP’s Siting Office report constitutes the DEP report.

Due 100 days after application is “complete”

Includes:

A Report on Matters Within the Agency’s Jurisdiction

Which may Potentially be Affected by the Proposed Project

Recommendation on Approval or Denial of Project

Conditions of Certification (COC)

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PPSA Certification ProcedureConditions of Certification

These are the conditions that would normally go into the “standard” state issued permit.

Conditions should be comprehensive.

Must have regulatory authority (proposed conditions are required to include citations).

Even if an agency recommends Denial of the project, a full set of COC should be submitted as the project may still be certified.

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● Proposed COC should include the following as applicable: regulatory citations supporting requirement/condition;

frequency, starting timeframes, and duration of reporting requirement;

identify maps or special details (if necessary);

management plans;

section of DEP/WMD/agency to receive reports/management plans - no addresses and phone numbers (include notification to the Siting Office.

Review COC for the projects in your area, and evaluate for necessary updates or corrections. Notify the Siting Office when a modification may be necessary and include proposed Condition language.

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If not all plans are known, draft a condition that requires a “post-certification submittal” for review and approval. These may include:

● Management Plans

● Site-specific details for rights-of-ways and equipment only generically described to be located within an associated facility corridor.

Example: Stormwater Plans

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PPSA Certification ProcedureProject Analysis & Draft COC

Drafted by the Siting Office and filed with the Administrative Law Judge (ALJ) 130 days after application

deemed “complete”.

Includes: DEP’s report Copies of other Agency Reports DEP recommendation (Approval/Denial) Comments received from any other agency or person Status of any Federal permit

Note: If Federal permits are not at least in “draft” stage, certification will not move forward and Siting will file for extension of time.

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PPSA Certification ProcedureHearing Before the ALJ

Required

a) PSC has determined a “Need” for the project.

b) The Proposed Site Conforms to the Land Use Plan or Zoning Ordinances (or the Siting Board has granted relief).

c) There have been no requests for extension of time.

d) No Stipulation.

e) Draft Federal permits have been issued.

If requirements are met, a Certification Hearing Shall be Held with the ALJ no later than 265 days after the filing of the Application.

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PPSA Certification ProcedureHearing Before the ALJ

Hearing will be held in the “vicinity” of the proposed power plant.

DEP, WMD, and other agency staff may be requested to testify, either as fact or expert witnesses.

Hearings may last one or two days to several weeks.

If petitions against draft federal permits, these may be consolidated into the Site Certification Hearing

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PPSA Certification ProcedureSiting Board Hearing

ALJ submits a Recommended Order to the Siting Board within 45 days after filing of hearing transcript.

The Siting Board, by written order, approves or denies certification within 60 days after receiving ALJ’s

recommendation.

Issues raised in the Board Hearing are limited to matters raised in the ALJ hearing or raised in the ALJ

Recommended Order.

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PPSA Certification ProcedureStipulation Between All Parties

If all parties to the proceeding stipulate that there are no disputed issues of fact or law, DEP or the applicant may request to cancel the ALJ hearing.

If request is “granted”, the ALJ relinquishes jurisdiction to DEP.

The DEP Secretary will then act, by written order, upon the application.

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1) Citizens may attend the Informational Public Meeting if held*;

2) “Affected persons” may challenge a local government’s Land Use Determination, resulting in a Hearing;

3) Citizens may attend the Land Use Hearing (ALJ) if held;

4) Citizens may attend the Certification Hearing (ALJ) if held;

5) Citizens may attend Siting Board Meeting for Land Use if held;

6) Citizens may attend Siting Board Meeting for Certification if held.

Note: Additional opportunities for involvement exist within the PSC Need Determination and Federal Permitting processes which are not

outlined here.

PPSA Certification ProcedureOpportunities for Public Intervention

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PPSA Certification

Potential actions/requirements after certification, include:

Post-Certification submittal reviewAmendmentsModificationsMonitoringEnforcement

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Post Certification Submittals

Submittals required by a specific COC.

Reports, drawings, plans, etc.

Compliance demonstration of certification.

Submitted to Siting and appropriate reviewing agency.

Review period of 90 days or less required by Statute.

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Post Certification Amendments

Any change or revisions to the application that do not alter conditions of certifications require the licensee to submit a written Request for Amendment.

All Requests for Amendment should come through the Siting Office!

The Siting Office will distribute the Request to affected district offices and agencies for their input.

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Post Certification Amendments

We have 30 days to:

a) Determine that the request IS an amendment (NOT a modification) and issue a written approval if an amendment (no fee required).

b) Determine that the request is NOT an amendment, and provide written notice that the request will require a modification to the COC; or

c) Determine that more information is needed, and request the information in writing. (15-day review period for additional information)

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Modification of Certification

403.503 Definitions - Modification

“means any change in the certification order

after issuance, including a change in the

Conditions of Certification.”

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If the proposed change/activity at the facility…

Would normally require a state permit and is not “covered” under the existing COC,

This is a modification and requires changes/additions to the COC.

Fee Required (Note: For Certification applications and modifications, no fees are to be collected for state or local permitting actions.)

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Certifications may be modified in one of the following ways:

1) Siting Board Initiates

2) Licensee files a petition (Fee Required)

3) Department Initiates

4) Update for consistency with Federal permit(“Auto-Mod)

5) Update for consistency with subsequently adopted rules (“Auto-Mod”)

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When Petition for Modification is filed by Licensee:

Agencies (and districts) have 25 days to file

completeness recommendations.

Siting has 30 days to issue completeness determination

We rely on district offices and affected agencies to evaluate and propose any necessary changes/additions to the COC.

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Monitoring

Technical monitoring at the site will be done by the

jurisdictional agency/District.

Siting must be notified if discrepancies with the conditions are found.

Discrepancies may be grounds for Enforcement Actions.

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Enforcement

Enforcement actions including Consent Orders are initiated by the District/Bureaus but coordination with the Siting Office and the Siting Program attorney is necessary. Since no state or local permits are issued, violations are against the Certification, not a permit.

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Questions???

http://www.dep.state.fl.us/siting

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Electrical Transmission Line Siting Act(TLSA)


Revised in 2006

Sections 403.52 – 403.5365, Florida Statutes

Supporting Rule: 62-17, Part II, F.A.C.

Multi-agency review with ultimate approval by Governor & Cabinet sitting as the “Siting Board”

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Thresholds: 230 kiloVolts or higher in electric transmission

capacity Must cross a county line Are 15 miles or longer (Applicant may elect to use certification process

for smaller/shorter lines)

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Transmission lines under the TLSA: Extend from an existing or proposed

substation or power plant (but not including it)

To an existing or proposed transmission network or substation, or right-of-way

May include terminal or existing substations

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Certification is for a “Corridor”, within which the right-of-way, towers, access and maintenance roads will eventually be located

Corridor may be up to a mile in width, with unlimited length

Review process is for entire corridor, with focus on where a right-of-way would not be appropriate or permittable

Corridor will be reduced to the boundary of the right-of-way after certification.

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Certification (Licensing) supersedes and encompasses ALL state and local permits and approvals.

However, transmission lines are exempt from Local Land Use Plan requirements.

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Transmission Line Siting Certification Procedures

Differences between the PPSA and TLSA:

Process clocks and steps are not identical (TLSA is shorter with some significantly different steps)

No Land Use Determination is required

Largely wetland/ERP issues

May be subsets of main certification hearing (local component hearings) in counties other than main hearing

Alternative Corridors may be proposed by third-parties

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Alternative corridor reviews are a mini-certification process, with their own timeclock steps

Same type of reviews required as for original corridor, but with shorter timeframes

Typically shorter corridors

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Steps and requirements that are the same as the PPSA: PSC Need Determination Completeness Review Local Government Informational Meetings Preliminary Statements of Issues Agency Reports Project Analysis, with proposed Conditions of

Certification Certification hearing

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Transmission Line Siting

Like the PPSA:Certification is for the life of the facility!May be many actions/requirements after

certification, including: Post-Certification submittal review Amendments Modifications Monitoring Enforcement

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Electrical Transmission Line Siting

Questions???


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Natural Gas Transmission Pipeline Siting Act (NGPSA)


Sections 403.9401 – 403.9425, Florida Statutes

Supporting Rule: 62-807, Part II, F.A.C.

Multi-Agency approvals require Governor & Cabinet, sitting as the “Natural Gas

Transmission Pipeline Siting Board” as the approving authority

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Only applies to natural gas pipelines that are in-state Inter-State are licensed by the Federal Energy

Regulatory Commission Other Thresholds:

Must cross a county line Is 15 miles or longer (Applicant may elect to use certification process for

smaller/shorter pipelines)

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Provisions and process steps are similar to Electrical Transmission Line Siting Act, with following exceptions:

Certification hearing is mandatory

“Sufficiency” process is the equivalent of “completeness” under PPSA and TLSA

Different timeclocks

Corridor width limitation is 1/3 mile wide, instead of 1 mile wide

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Questions???


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List of ContactsMike Halpin

[email protected]

Siting Administrator

Program Administrator 850-245-8005

Cindy Mulkey

[email protected]

Engineer

Power Plant Case Manager 850-245-8006

Ann Seiler

[email protected]

Environmental Specialist

Transmission Line Case Manager 850-245-8008

Jill Stoyshich

[email protected]

Environmental Consultant

Everything else (legislation, budget) 850-245-8007

Toni Sturtevant

[email protected]

Attorney

Legal Counsel 850-245-2257

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DEP District Siting Liaisons

Northeast Chris Kirts

Northwest Darryl Boudreau

Central Jim Bradner

Southeast Tim Gray

Southwest Mara Nasca

South Audrey Wright

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Contents of CD

Application Guides Flow Charts Other Useful Information

Current and Anticipated Applications (timeline) Current and Anticipated Applications Applications by DEP

district Siting Statistics

Rules Statutes Training Presentation

1 the siting acts electrical power plant siting act electrical transmission line siting act natural...

Documents

certification process

siting office

certification licensing

certification order

certification hearing

siting coordination

final order of certification

agriculture slide