AGENDA

Item 1 Minutes

Submittal of the minutes of the March 9, 1999 Cabinet Meeting.

RECOMMEND ACCEPTANCE

Item 2 New Smyrna Beach Power Project Land Use Order/Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P./Utilities Commission of the City of New Smyrna Beach

REQUEST: Consideration of a Land Use Order recommending that the Siting Board adopt the Administrative Law Judge's Recommended Order finding the New Smyrna Beach Power Project site to be consistent and in compliance with the existing land use plans and zoning ordinances of Volusia County, pursuant to section 403.508(2), F. S.

COUNTY: Volusia

APPLICANTS: Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P. (Duke) and Utilities Commission of the City of New Smyrna Beach (UCCNSB)

LOCATION: The site is located approximately five miles west of downtown New Smyrna Beach and one-half mile northwest of the intersection of State Road 44 and Interstate 95 in Volusia County.

STAFF REMARKS: Duke and the UCCNSB wish to construct new generating capacity by building a 500 megawatt, high efficiency, natural gas-fired, combined cycle generating unit on the City of New Smyrna Beach's property. New Smyrna Beach and Duke have signed a contract to provide the UCCNSB with 30 megawatts of power. The project includes construction of a mechanical draft cooling tower, water treatment facilities, use of treated sewage effluent from the adjacent New Smyrna Beach sewage treatment plant and use of an existing New Smyrna Beach substation and transmission line that interconnects with Florida Power and Light Company's transmission system. Natural gas is the only fuel proposed for use at the site. The site was recently annexed into the City of New Smyrna Beach. The project site contains 30.5 acres, but only 16.3 acres will be developed. On January 27, 1999, Administrative Law Judge Don W. Davis conducted a public hearing on compliance of the site with the existing land use plan and zoning ordinances. No one testified against or opposed the proposed use of the site.

The Land Use Order approves and adopts the Recommended Order as submitted by Judge Davis, pursuant to the Florida Electrical Power Plant Siting Act, section 403.501, et seq., F.S., finding the New Smyrna Beach Power Project site to be consistent and in compliance with the existing land use plans and zoning ordinances of Volusia County, pursuant to section 403.508(2), F. S.

(See Attachment 2, Pages 1-23)

RECOMMEND APPROVAL