Electrical Power Plant Siting Act Electrical Transmission Line Siting Act Natural Gas Transmission Pipeline Siting Act The Certification Process and Agency Involvement Created for Siting Workshop – Altamonte Springs February 5, 2008 http://www.dep.state.fl.us/siting The "Siting" ActsSlide 2
The Certification Process and Agency Involvement Electrical Power Plant Siting ActSlide 3
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-office audit with extreme endorsement by Governor & Cabinet ("Siting Board") Electrical Power Plant Siting ActSlide 4
Power plants preceding 1973 keep being authorized through general allowing forms. A few locales have era units which were allowed both preceding the section of the Act, and after the Act. Distinctive methodology and coordination contacts may apply for similar site\'s varying units. The Department of Environmental Protection\'s (DEP) website contains a posting of locales directed under the Power Plant Siting Act: ( http://www.dep.state.fl.us/siting/certification.htm ). Electrical Power Plant Siting ActSlide 5
Thresholds: Steam electric power plants > 75 megawatts (MW) (net steam segment) Solar power plants which are > 75 MW Steam plants might be joined cycle units, atomic units, IGCC, pounded coal units, or routine oil/gas-terminated. Ignition turbines can be allowed in conjunction with a guaranteed office, or as an expansion by means of the adjustment procedure, however alone don\'t trigger the confirmation procedure. Electrical Power Plant Siting ActSlide 6
Site Certification Procedure Certification Requirements Determination of Need – PSC (Public Service Commission) Site Certification Application (SCA) Review – DEP with influenced offices Federal Permits – Must be in at any rate "Draft" organize preceding affirmation hearing. (PSD, NPDES, UIC, RCRA)Slide 7
Department of Community Affairs The Water Management District Each Local Government Fish and Wildlife Conservation Commission Regional Planning Council Department of Transportation Any other organization, if asked for by the Department (Dept. of State, Dept. of Agriculture) Site Certification Procedure Affected AgenciesSlide 8
Electrical Power Plant Siting Act Certification (Licensing) supersedes and incorporates ALL state and nearby allows and endorsements. Confirmation does not supersede Federal allowing forms (PSD, NPDES, UIC, RCRA)Slide 9
Electrical Power Plant Siting Act Licensing is for the "Life of the Facility" May incorporate "related offices" far off from or stretching out from the fundamental site, for example, Landfills Natural gas pipelines Rail lines Roadways Electrical transmission linesSlide 10
Electrical Power Plant Siting Act Associated offices affirmation might be for a "passageway", inside which the privilege of-way (ROW), related office, and get to and upkeep streets will in the end be found. Passageway might be up to a mile in width, with boundless length. Survey process is for whole hall, with concentrate on where a ROW would not be proper or permittable. Passageway will be lessened to the limit of the ROW after accreditation.Slide 11
The confirmation procedure is a legitimate continuing. DEP (The Siting Office): administers the preparing of uses administers and deals with the terms and states of the certification arrange for the life of the office The timetable and continuing fuses a " Land Use Determination" (which is made by the nearby government) with final endorsement of land use by the Siting Board. Contingent upon whether the venture is debated, the Final Order of certification will be issued by the Siting Board or the DEP Secretary. PPSA Certification ProceduresSlide 12
This is not a stage that the Districts or WM Districts will be included in. Be that as it may, since a hearing may happen on account of a dispute, with daily paper and other open notice published, staff should know about this progression (may occur after fulfillment survey yet before Preliminary Statements of Issues). Allude any inquiries to the Siting Coordination Office. PPSA Certification Procedures Land Use DeterminationSlide 13
Timelines of Certification are Controlled by Statute. Once the candidate presents the Application, DEP (Office of General Counsel) should instantly record the application with the Department of Administrative Hearings (DOAH). Inside 7 days of receipt of SCA, DEP must propose a schedule and demand the arrangement of a Administrative Law Judge (ALJ). PPSA Certification ProceduresSlide 14
Affected Agency remarks/proposals on culmination are because of DEP inside 30 days of recording of the Application. DEP (Siting) must record a Completeness Determination (1 st ) with DOAH inside 40 days of documenting of the Application. The candidate has 30 days to present extra data. (can likewise request additional time) Agencies have 15 days from receipt of extra data to comment on culmination. PPSA Certification Procedure Completeness ReviewSlide 15
DEP (Siting) has 7 more days to record the 2 nd Completeness Determination with DOAH. The second culmination step proceeds until the application is discovered finished. This is a piping procedure. No new issues unless related to answers to past inquiries. Most applications are discovered finished on the second go-round. PPSA Certification Procedure Completeness ReviewSlide 16
Required by Statute – Agencies (WMDs/DEP Districts/Bureaus) Due 40 days after application is "finished". This is a "heads up" to DEP and candidate on things that could be a boundary to accreditation. Allows the candidate to contact the organization and work on illuminating the issues. Inability to raise an issue here "should not block the issue from being brought up in the organization\'s report". PPSA Certification Procedure Preliminary Statements of IssuesSlide 17
Required by Statute for all statutory organizations. DEP\'s Siting Office report constitutes the DEP report. Due 100 days after application is "finished" 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) PPSA Certification Procedure Agency ReportsSlide 18
These are the conditions that would ordinarily go into the "standard" state issued allow. Conditions ought to be thorough. Must have administrative power (proposed conditions are required to incorporate references). Regardless of the possibility that an office suggests Denial of the venture, a full set of COC ought to be submitted as the venture may even now be certified. PPSA Certification Procedure Conditions of CertificationSlide 19
PPSA Certification Procedure Conditions of Certification Proposed COC ought to incorporate the accompanying as pertinent: administrative references supporting prerequisite/condition; recurrence, beginning time spans, and length of reporting necessity; recognize maps or unique points of interest (if important); administration arranges; segment of DEP/WMD/office to get reports/administration arranges - no locations and telephone numbers (incorporate notice to the Siting Office. Survey COC for the activities in your general vicinity, and assess for vital upgrades or remedies. Advise the Siting Office when an alteration might be fundamental and incorporate proposed Condition dialect.Slide 20
If not all arrangements are known, draft a condition that requires a "post-accreditation submittal" for audit and approval. These may include: Management Plans Site-particular points of interest for privileges of-ways and hardware just nonexclusively depicted to be situated inside a related office passageway. Case: Stormwater Plans PPSA Certification Procedure Conditions of CertificationSlide 21
Drafted by the Siting Office and recorded with the Administrative Law Judge (ALJ) 130 days after application deemed "finish". Incorporates: DEP\'s report Copies of other Agency Reports DEP proposal (Approval/Denial) Comments got from whatever other office or individual Status of any Federal allow Note: If Federal grants are not in any event in "draft" arrange, affirmation won\'t advance and Siting will petition for expansion of time. PPSA Certification Procedure Project Analysis & Draft COCSlide 22
Required PSC has decided a "Need" for the venture. The Proposed Site Conforms to the Land Use Plan or Zoning Ordinances (or the Siting Board has conceded help). There have been no solicitations for augmentation of time. No Stipulation. Draft Federal grants have been issued. On the off chance that necessities are met, a Certification Hearing Shall be Held with the ALJ no later than 265 days after the documenting of the Application. PPSA Certification Procedure Hearing Before the ALJSlide 23
Hearing will be held in the "region" of the proposed power plant. DEP, WMD, and other organization staff might be asked for to testify, either as actuality or master witnesses. Hearings may last maybe a couple days to a few weeks. On the off chance that petitions against draft government allows, these might be consolidated into the Site Certification Hearing PPSA Certification Procedure Hearing Before the ALJSlide 24
ALJ presents a Recommended Order to the Siting Board within 45 days subsequent to documenting of listening to transcript. The Siting Board, by composed request, affirms or denies certification inside 60 days in the wake of accepting ALJ\'s recommendation. Issues brought up in the Board Hearing are restricted to matters raised in the ALJ hearing or brought up in the ALJ Recommended Order. PPSA Certification Procedure Siting Board HearingSlide 25
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