DEPARTMENT OF ENVIRONMENTAL PROTECTION
APRIL 9, 1996
Item 1 Minutes
Submittal of the minutes of the August 8, 1995 Cabinet meeting.
Item 2 Sunshine Pipeline Company Final Order
REQUEST: Entry of a Final Order adopting two orders from
the Division of Administrative Hearings (Stephen Menton, Hearing
Officer) closing the file and addressing reimbursement issues
with respect to the now withdrawn Sunshine Pipeline natural gas
transmission pipeline certification application.
COUNTIES: Dixie, Gadsden, Gilchrist, Hardee, Hernando,
Holmes, Jackson, Jefferson, Lafayette, Lake, Leon, Levy, Madison,
Marion, Okaloosa, Pasco, Pinellas, Polk, Sumter, Taylor, Walton,
APPLICANT: Sunshine Pipeline Company
LOCATION: A 528-mile long natural gas pipeline, beginning
south of Crestview in Okaloosa County and ending in Polk County.
The proposed pipeline corridor encompassed parts of twenty-one
counties, twenty-two incorporated cities and towns, four water
management districts, seven regional planning councils, and one
water supply authority.
STAFF REMARKS: On July 30, 1993, the Sunshine Pipeline
Company (Sunshine) filed a site certification application for
a natural gas pipeline to be processed under the Natural Gas Pipeline
Siting Act, pursuant to sections 403.941-9425, F.S. The matter
was referred to the Division of Administrative Hearings (DOAH).
On April 3, 1995, Sunshine submitted a Notice of Application Withdrawal
to the Department of Environmental Protection (DEP), and on April
4, 1995, Sunshine filed a Notice of Voluntary Dismissal and Request
for Refund of Application Fee. DEP filed a Notice of Acceptance
of Withdrawal on April 10, 1995. Sixteen "affected agencies"
along the proposed pipeline corridor timely filed for and are
seeking reimbursement from the unused portion (34%) of Sunshine's
application fee. Some of these reimbursement requests were disputed
in part, and Sunshine, pursuant to sections 403.9421(5)(a)1 and
(5)(b), F.S., disputed the statutory allocation of 50 percent
and 16 percent of its application fee to DEP and DOAH, respectively.
On December 18, 1995, the hearing officer entered two orders.
The hearing officer's first order, Order on Refund Requests and
Reimbursement Issues, denied Sunshine's request for refund of
application fee and operated to disperse the application fee as
set forth above. The second order, Order Closing File, ended
DOAH's participation in the matter. There were no exceptions
filed regarding the two orders rendered by the hearing officer.
A final order from the Siting Board adopting the two DOAH orders
is now necessary so that the reimbursement issues can be finally
resolved and the "affected agencies" paid. The Final
Order is technically required under Chapter 120, F.S., to close
out the case. The Final Order adopts the Hearing Officer's two
orders in total.
(See Attachment 2, Pages 1-22)