Substitute Item 1 Minutes
Submittal of the Minutes from the May 30, 2001 and September 11, 2001 Cabinet Meetings.
(See Attachment 1, Pages 1-5)
Item 2 Jacksonville Electric Authority/Brandy Branch Site Final Order
REQUEST: Consideration of an Order, to be executed by the Siting Board, adopting the Administrative Law Judge's Recommended Orders recommending the Siting Board find the site to be conformance with the existing land use plans and zoning ordinances and recommending the Siting Board grant full and final certification to Jacksonville Electric Authority, under Section 403, Part II, F.S., for the location, construction and operation of the Brandy Branch Generating Station, pursuant to Subsections 403.509(1) and 403.511(1), F.S.
APPLICANT: Jacksonville Electric Authority (JEA)
LOCATION: The Brandy Branch Generating Station is located in western Duval County, Florida, a mile northeast of the city of Baldwin.
STAFF REMARKS: JEA's proposed Brandy Branch Combined Cycle Conversion Project consists of adding two heat recovery steam generators to two of three existing 170 megawatts (MW) simple cycle combustion turbines, adding a single 200 MW steam turbine to form a combined cycle system, and adding duct burners resulting in a gross generating capacity of 812 MW. The power plant will be fired with natural gas as a primary fuel with low sulfur, distillate oil for emergency back up. The Brandy Branch site is an approximately 153-acre parcel one mile northeast of the city of Baldwin. Additional facilities included in the project include cooling towers, water and wastewater treatment facilities, a storm water collection and storage system, an operation center, and transformers and switching gear necessary to connect to the transmission system. The Florida Public Service Commission issued an affirmative need determination on February 28, 2001.
On September 18, 2001, the Siting Board entered an Order of Remand for Further Proceedings, directing that further evidence be taken on the issue of the project's consistency and compliance with the Planned Unit Development (PUD) zoning approval for the project site with the air permit for the project. On December 4, 2001, as part of the scheduled certification hearing, additional evidence was received on the issue of the project's compliance with the PUD zoning for the Brandy Branch site. On January 15, 2002, the Administrative Law Judge issued his Recommended Order on Land Use Following Remand, finding that the project and its site are consistent, and in compliance with land use plans and zoning ordinances.
On January 15, 2002, the Administrative Law Judge also issued his Recommended Order recommending the Siting Board grant full and final certification to JEA, under Section 403, Part II, F.S., for the location, construction and operation of the Brandy Branch Combined Cycle Conversion Power Plant subject to the Conditions of Certification.
(See Attachment 2, Pages 1-76)
Substitute Item 3 Delegation of Authority to Issue Emergency Orders
REQUEST: Consideration of an Order, to be executed by the Siting Board, delegating to the Secretary of the Department of Environmental Protection the authority to issue emergency orders for power plants certified under the Power Plant Siting Act, pursuant to subsections 403.516 and 120.569, F.S.
APPLICANT: Department of Environmental Protection (DEP)
STAFF REMARKS: From time to time, it may be necessary to issue emergency orders which temporarily modify conditions of certification for facilities that have been certified under the Florida Electrical Power Plant Siting Act. For example, during extreme weather conditions, natural gas pipeline interruptions, or other unforeseen and unanticipated circumstances, one or more power plants may be needed to produce more electricity than they are authorized to produce in their certifications. If these power plants are not authorized to generate the necessary electricity, some regions of the state could experience brownouts or blackouts, which pose a serious threat of harm to the health, welfare, and safety of Floridians living in that region. Additionally, in the aftermath of hurricanes, certified resource recovery facilities may be needed to dispose of hurricane debris by operating at higher than permitted rates in lieu of allowing open burning. Similarly, other unforeseen and unanticipated events may occur that warrant extraordinary, emergency relief so that an immediate danger to the public health, safety or welfare can be averted.
Pursuant to section 120.569(2)(n), F.S., the authority to issue emergency orders lies with the agency head. That agency head must find that an immediate danger to the public health, safety, or welfare requires an immediate final order. Agency head is defined by section 120.52(3), F.S., as "the person or collegial body in a department or other governmental unit statutorily responsible for final agency action." For the issuance of Certification Orders and Modification Orders under the Power Plant Siting Act, the collegial body responsible for final agency action is the Siting Board, comprised of the Governor and Cabinet. DEP has no authority to issue any type of modification to the Orders of the Siting Board except as provided in section 403.516(1), F.S. Those provisions do not include the authority to issue emergency orders.
Section 403.516(1)(a), F.S., grants the Siting Board the ability to delegate to DEP the authority to modify specific conditions in the certification. DEP therefore seeks an Order delegating to the Secretary of DEP the authority to issue emergency orders which temporarily modify conditions of certifications in instances where the Secretary of DEP finds that there is an immediate risk of harm to the public health, safety, or welfare.
(See Attachment 3, Pages 1-4)