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.
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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 for Siting Workshop – Altamonte Springs February 5, 2008
http://www.dep.state.fl.us/siting
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Electrical Power Plant Siting Act The Certification Process and Agency Involvement
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Electrical Power Plant Siting Act
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”) 3
Electrical Power Plant Siting Act
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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Electrical Power Plant Siting Act
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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Site Certification Procedure Certification Requirements
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) 6
Site Certification Procedure Affected 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) 7
Electrical Power Plant Siting Act
Certification (Licensing) supersedes and encompasses ALL state and local permits and approvals.
Certification does not supersede Federal permitting processes (PSD, NPDES, UIC, RCRA) 8
Electrical Power Plant Siting Act
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 9
Electrical Power Plant Siting Act
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. 10
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 Procedures Land 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 Procedure Completeness 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 (1 st ) 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 Procedure Completeness Review
DEP (Siting) has
7
more days to file the 2 nd 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 Procedure Preliminary 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 Procedure Agency 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) 17
PPSA Certification Procedure Conditions 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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PPSA Certification Procedure Conditions of Certification
● 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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PPSA Certification Procedure Conditions of Certification
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 20
PPSA Certification Procedure Project Analysis & Draft COC
Drafted by the Siting Office and filed with the Administrative Law Judge (ALJ)
130
deemed “complete”.
days after application 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 Procedure Hearing 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 Procedure Hearing 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 23
PPSA Certification Procedure Siting 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 Procedure Stipulation 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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PPSA Certification Procedure Opportunities for Public Intervention
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.
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PPSA Certification
Potential actions/requirements after certification, include: Post-Certification submittal review Amendments Modifications Monitoring Enforcement 27
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) 30
Modification of Certification
403.503 Definitions - Modification “means any change in the certification order after issuance, including a change in the
Conditions of Certification
.” 31
Modification of Certification
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.) 32
Modification of Certification
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”) 33
Modification of Certification
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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Electrical Power Plant Siting Act Questions???
http://www.dep.state.fl.us/siting
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Electrical Transmission Line Siting Act (TLSA)
Created by Florida Legislature in 1980 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” 38
Electrical Transmission Line Siting Act
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) 39
Electrical Transmission Line Siting Act
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 40
Electrical Transmission Line Siting Act
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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Electrical Transmission Line Siting Act
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 43
Transmission Line Siting Certification Procedures
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 44
Transmission Line Siting Certification Procedures
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 45
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 46
Electrical Transmission Line Siting Questions???
http://www.dep.state.fl.us/siting
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Natural Gas Transmission Pipeline Siting Act (NGPSA)
Created by Florida Legislature in 1992 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 48
Natural Gas Transmission Pipeline Siting Act
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) 49
Natural Gas Transmission Pipeline Siting Act
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 50
Natural Gas Transmission Pipeline Siting Act Questions???
http://www.dep.state.fl.us/siting
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List of Contacts
Program Administrator Mike Halpin
Siting Administrator Cindy Mulkey
Engineer Ann Seiler
Environmental Specialist Jill Stoyshich
Environmental Consultant Toni Sturtevant
Attorney Power Plant Case Manager Transmission Line Case Manager Everything else (legislation, budget) Legal Counsel 850-245-8005 850-245-8006 850-245-8008 850-245-8007 850-245-2257 52
DEP District Siting Liaisons
Northeast Chris Kirts Northwest Darryl Boudreau Central Jim Bradner Southeast Tim Gray Southwest Mara Nasca South Audrey Wright 53
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 54