The Florida Senate

403.529  Final disposition of application.--

(1)  Within 30 days after receipt of the administrative law judge's recommended order, the board shall act upon the application by written order, approving in whole, approving with such conditions as the board deems appropriate, or denying the certification and stating the reasons for issuance or denial.

(2)  The issues that may be raised in any hearing before the board shall be limited to matters raised in the certification proceeding before the administrative law judge or raised in the recommended order. All parties, or their representatives, or persons who appear before the board shall be subject to the provisions of s. 120.66

(3)  If certification is denied, the board shall set forth in writing the action the applicant would have to take to secure the approval of the application by the board.

(4)  In determining whether an application should be approved in whole, approved with modifications or conditions, or denied, the board shall consider whether, and the extent to which, the location of the transmission line corridor and the construction and maintenance of the transmission line will:

(a)  Ensure electric power system reliability and integrity;

(b)  Meet the electrical energy needs of the state in an orderly and timely fashion;

(c)  Comply with nonprocedural requirements of agencies;

(d)  Be consistent with applicable local government comprehensive plans; and

(e)  Effect a reasonable balance between the need for the transmission line as a means of providing abundant low-cost electrical energy and the impact upon the public and the environment resulting from the location of the transmission line corridor and maintenance of the transmission lines.

(5)(a)  Any transmission line corridor certified by the board shall meet the criteria of this section. When more than one transmission line corridor is proper for certification pursuant to s. 403.522(10) and meets the criteria of this section, the board shall certify the transmission line corridor that has the least adverse impact regarding the criteria in subsection (4), including costs.

(b)  If the board finds that an alternate corridor rejected pursuant to s. 403.5271 meets the criteria of subsection (4) and has the least adverse impact regarding the criteria in subsection (4), including cost, of all corridors that meet the criteria of subsection (4), then the board shall deny certification or shall allow the applicant to submit an amended application to include such corridor.

(c)  If the board finds that two or more of the corridors that comply with the provisions of subsection (4) have the least adverse impacts regarding the criteria in subsection (4), including costs, and that such corridors are substantially equal in adverse impacts regarding the criteria in subsection (4), including costs, then the board shall certify the corridor preferred by the applicant if the corridor is one proper for certification pursuant to s. 403.522(10).

(6)  The issuance or denial of the certification by the board shall be the final administrative action required as to that application.

History.--s. 1, ch. 80-65; s. 12, ch. 83-222; s. 38, ch. 90-331; s. 154, ch. 96-410.