Power Plant Certification Process

Spanish Version

Any citizen may:

1. Download a copy of the application or visit the local Department of Environmental Protection (DEP) district office to view a hard copy. Many documents can be downloaded from the Applications in Process Web page.

2. Provide input to their local government related to Land Use Determination. This determination (similar to a zoning review) is made within 45 days after the application has been filed, if the local government has enough information to make such a determination. (403.50665, F.S.)

3. Provide comments to their local government (city or county) and encourage local government to hold a public informational meeting. This meeting must be held within 70 days after the application has been filed. (403.50663, F.S.)

4. Propose alternate transmission line corridors if the application allows for the opportunity pursuant to 403.5064(4), F.S., no later than 165 days before the Certification Hearing. Legal counsel may be needed if seeking to become a "party" to the case as defined in 403.508(2)(e). Further, timely filings with the Division of Administrative Hearings (DOAH) will be required. Be aware that there are expenses associated with proposing an alternate corridor.  Appropriate fees, public notices and filings will be required pursuant to 403.518(6) and  403.5115(7)(a), F.S.

5. Challenge the local government’s Land Use Determination within 21 days, in accordance with 403.50665(4) if you are a substantially affected person. Since "substantially affected" is not defined in the Administrative Procedure Act, legal counsel may be needed to become a "party" to the case as defined in 403.508(2)(e). Further, the petition will require a timely filing with the Division of Administrative Hearings.

6. Attend the Land Use Hearing, if held. If a petition is filed disputing the Land Use Determination, a Land Use Hearing will be held in the local area; otherwise no Land Use hearing will be held. Any citizen may attend the hearing and provide comments, as per 403.508(4)(b) at the discretion of the Hearing Officer.

7. Attend the Siting Board (Governor and Cabinet) meeting regarding Land Use, if held. A Siting Board meeting regarding Land Use will be held if a Land Use hearing was held. These meetings are held at the Capitol building in Tallahassee. The Siting Board may allow public comments. However, the issues that may be raised in any hearing before the Siting Board must be limited to issues raised in the certification proceeding or in the recommended order as per 403.509(2).

8. Become a party to the Certification Hearing by filing prior to 30 days before the certification hearing if you are a substantially affected person. Since "substantially affected" is not defined in the Administrative Procedure Act, you may need to retain legal counsel to become a "party" to the case as defined in 403.508(2)(e). Further, the petition will require a timely filing with the Division of Administrative Hearings; Look at other cases to determine the format to follow. Check the DOAH Docket online for similar cases.

9. Attend the Certification Hearing if held. Unless all "parties" stipulate otherwise, a Certification Hearing will be held in the local area. Any citizen may attend the Certification Hearing and provide comments, written or oral, at the discretion of the Hearing Officer. If the Hearing Officer considers such communication, all parties are given an opportunity to cross-examine, challenge or rebut the communication.

10. Attend the Siting Board meeting regarding Certification, if held. A Siting Board meeting regarding Certification will be held if a Certification Hearing was held. These meetings are held at the Capitol in Tallahassee, and the Siting Board may allow public comments. However, the issues that may be raised may be limited to issues raised in the certification proceeding or in the recommended order as per 403.509(2).

11. Challenge the Siting Board’s Final Order within 30 days if you are a party. Any parties to the proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rule 9.110 with the Clerk of the Florida Department of Environmental Protection in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000. A copy of the Notice of Appeal accompanied by applicable filing fees must also be filed with the appropriate District Court of Appeal.

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Transmission Line Certification Process

Any citizen may:

1. Download a copy of the application or visit the local DEP District Office to view a hard copy. Many documents can be downloaded from the Applications in Process webpage.

2. Provide comments to local government (city or county). Encourage local government to hold a public informational meeting in accordance with 403.5272, F.S., (the meeting must be held within 55 days after the application has been filed).

3. Encourage local government to request a public hearing in accordance with 403.527(4), F.S., no later than 21 days after the application has been determined complete. Within five days after notification by the local government, the administrative law judge shall determine the date of the public hearing, to be held before or during the certification hearing. If two or more local governments within one county request a public hearing, the hearing shall be consolidated so that only one public hearing is held in any county. The administrative law judge determines the location of a consolidated hearing.

4. Propose an alternate corridor 45 days before the Certification Hearing, in accordance with 403.5271, F.S. By making such a filing, legal counsel may be needed if you are seeking to become a "party" to the case as defined in 403.527(2)(c)3. Further, timely filing with the Division of Administrative Hearings (DOAH) is required. If proposing an alternate corridor, you must comply with all requirements within 403.5271, F.S., including the public notice requirements of 403.5363(2) and (6)(a) as well the rule requirements and fees within (62-17.510 - 62-17.760 [PDF- 420 KB]), Florida Administrative Code.

5. Become a party to the Certification Hearing by filing at least 30 days before the certification hearing if you are a substantially affected person. To do this, file a petition with the Division of Administrative Hearings. Since "substantially affected" is not defined in the Administrative Procedure Act, legal counsel  may be needed to become a "party" to the case as defined in 403.527(2)(c)3. Further, the petition will require a timely filing with the Division of Administrative Hearings; look at other cases to determine the format to follow. Check the DOAH Docket online for similar cases.

6. Attend the Certification Hearing if held. Unless all 'parties' stipulate otherwise, one Certification Hearing will be held in the general area of the transmission line. Any citizen may attend the Certification Hearing and provide comments, written or oral, at the discretion of the Hearing Officer. If the Hearing Officer considers such communication, all parties are given an opportunity to cross-examine, challenge or rebut the comments.

7. Attend the Siting Board (Governor and Cabinet) meeting regarding Certification, if held. A Siting Board meeting regarding Certification will be held if a Certification Hearing was held. These meetings are held at the Capitol building in Tallahassee, and the Siting Board may allow public comments. However, the issues raised in any hearing before the board must be limited to issues raised in the certification proceeding before the administrative law judge or raised in the recommended order as per 403.529(2).

8. Challenge the Siting Board’s Final Order within 30 days if you are a party. Any party to the proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Florida Department of Environmental Protection’s Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000. A copy of the Notice of Appeal accompanied by applicable filing fees must also be filed with the appropriate District Court of Appeal.

Natural Gas Pipeline Certification Process

Any citizen may:

1. Download a copy of the application or visit the local DEP District Office to view a hard copy. Many documents can be downloaded from the Applications in Process webpage.

2. Provide comments to affected agencies, as described in 403.941 (2)(a), F.S., with regards to the preliminary statement of issues (403.941(1), F.S.) and agency reports (403.941(2)(a), F.S.). Preliminary statement of issue comments must be received within 60-days after the distribution of the application, and agency reports comments must be received within 60-days after the application is determined sufficient.

3. Provide comments to the Department of Environmental Protection in regards to the written analysis in accordance with 403.941(3)(b), F.S. Comments must be received within 115-days after the application is determined sufficient.

4. Encourage local governments, as defined in 403.9403 (13), F.S., to hold a public informational meetings in accordance with 403.9424, F.S. The meetings must be held no later than 80-days after the application is been filed.

5. Encourage local governments to request a public hearing where members of the public may testify in accordance with 403.9411(2), F.S. The local government must request a public hearing no later than 50-days after the receipt of the application. Within five days after such notification by the local government, the administrative law judge shall determine the date of the public hearing, which shall be held before or during the certification hearing. If two or more local governments within one county request a public hearing, the hearing shall be consolidated so that only one public hearing is held in any county. The administrative law judge determines the location of a consolidated hearing.

6. Become a party to the Certification Hearing by filing a notice of intent to be a party or a petition for intervention no later than 30-days prior to the Certification Hearing in accordance with 403.9411(4)(c), F.S. To do this, file a petition with the Division of Administrative Hearings. Legal counsel may be needed to become a "party" to the proceeding.

7. Attend the Certification Hearing in accordance with 403.9411(5), F.S. A Certification Hearing will be held no later than 215-days after the receipt of an application in the general area of the natural gas transmission line or corridor. Any citizen may attend the Certification Hearing and provide written or oral comments; all parties are given an opportunity to challenge or rebut the comments.

8. Propose an alternate corridor in accordance with 403.9412, F.S. no later than 50-days prior to the Certification Hearing. By making such a filing, legal counsel may be needed if you are seeking to become a "party" to the case as defined in 403.9411(4)(c), F.S. If proposing an alternate corridor, you must comply with all requirements within 403.9412, F.S., as well as the public notice requirements of 403.9411(1)(b) and (c), F.S.

9. Attend the Siting Board (Governor and Cabinet) meeting regarding the approval or denial of the certification in accordance with 403.9415, F.S. The Siting Board meeting shall be held within 60-days after the receipt of the recommended order at the Capitol building in Tallahassee. The Siting Board may allow public comments; however, the issues raised in any hearing before the board must be limited to issues raised in the certification proceeding before the administrative law judge or raised in the recommended order.

10. Challenge the Siting Board’s Final Order within 30-days if you are a party. Any party to the proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Florida Department of Environmental Protection’s Office of General Counsel, 3900  Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000. A copy of the Notice of Appeal accompanied by applicable filing fees must also be filed with the appropriate District Court of Appeal.

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