HB 1471

1	A bill to be entitled
2	An act relating to the "Florida Energy Diversity and
3	Efficiency Act"; providing a short title; providing
4	legislative intent; providing definitions; providing
5	requirements for the authorization, certification, and
6	siting of nuclear power plants; providing for a Nuclear
7	Power Plant Siting Board; enumerating the related powers
8	and duties of the Department of Environmental Protection,
9	including rulemaking authority; requiring certain
10	application, certification, and licensure of nuclear power
11	plants; specifying applicability to certain nuclear power
12	plants; providing for distribution of certain applications
13	and schedules; directing the Division of Administrative
14	Hearings to appoint an administrative judge to conduct
15	certain hearings; providing for the determination of
16	application and amendment completeness; requiring affected
17	agencies to submit certain reports; providing requirements
18	and procedures with respect thereto; requiring public
19	notice of department recommendation and petition for
20	certification hearings; providing for certification
21	proceedings; providing requirements and procedures with
22	respect thereto; authorizing the board to have final
23	disposition on certification applications; providing that
24	this act supersedes certain laws and regulations;
25	providing for effect of certification; requiring certain
26	public notice; providing responsibility for certain costs;
27	providing for revocation or suspension of certification;
28	providing for appeal and review of proceedings under the
29	act; providing for compliance enforcement; requiring the
30	department to make information available to the public;
31	providing requirements and procedures for modification of
32	certification; providing for supplemental applications for
33	sites certified for ultimate site capacity; requiring
34	certain fees; providing for deposit into the Florida
35	Permit Fee Trust Fund and for subsequent distribution;
36	requiring the Public Service Commission to hold hearings
37	on determination of need; providing requirements and
38	procedures with respect thereto; providing an effective
39	date.
40
41	WHEREAS, the extraordinary and unprecedented global
42	increases in the cost of fuel oil and natural gas, coupled with
43	the state's rapidly growing population and increasing demands
44	for electric energy, have brought into sharp focus the need to
45	enhance fuel diversity, and
46	WHEREAS, the world growth in demand for fuel oil and
47	natural gas may continue to have further impact on the cost and
48	supply of these resources, and
49	WHEREAS, the impact of Hurricane Katrina on supplies of
50	natural gas and fuel oil further substantiates the need to alter
51	the balance of fuel diversity in connection with the generation
52	of electricity in the state, and
53	WHEREAS, the federal Energy Policy Act of 2005 encourages
54	the siting and operation of new nuclear generation by providing
55	tax and other incentives to reduce the costs of such plants, and
56	WHEREAS, significant federally funded benefits and
57	incentives available under the federal Energy Policy Act of 2005
58	are available to only the first 6,000 megawatts of new advanced
59	nuclear reactor generating capacity licensed in the United
60	States, and
61	WHEREAS, operation of new nuclear power generation within
62	the state, particularly if such generation is eligible for the
63	tax and other incentives available under the federal Energy
64	Policy Act of 2005, will benefit the state's electric customers,
65	and
66	WHEREAS, existing provisions of the Florida Electrical
67	Power Plant Siting Act are inadequate to address the unique
68	issues of siting nuclear power generation within the state and
69	securing benefits under the federal Energy Policy Act of 2005,
70	NOW, THEREFORE,
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Short title.--This act may be cited as the
75	"Florida Energy Diversity and Efficiency Act."
76	Section 2.  Legislative intent.--The Legislature finds that
77	the state, its residents, and its economy benefit from diverse
78	sources of fuel for the generation of electricity. Diversity of
79	fuel sources contributes to lower cost electricity and improved
80	reliability of electric supply, as the state will not be
81	dependent upon a particular source of fuel. Nuclear power plants
82	are important sources of electric generation that contribute to
83	the diversity of fuel sources within the state. The state has
84	five operating nuclear power plants that have operated reliably
85	for the benefit of the state, and contributed a stable supply of
86	electricity, with minimal impacts on the state's environment.
87	The citizens of the state and electric power consumers have
88	benefited from the operation of existing nuclear power plants
89	within the state through low-cost and reliable energy
90	production, electric grid reliability, and economic and
91	environmental benefits. The Legislature further finds and
92	declares it is in the public interest and critical to the
93	health, prosperity, and general welfare of the state and its
94	citizens to promote the expansion of nuclear generation by the
95	siting of new nuclear power plants within the state so as to
96	continue these benefits and further ensure the state's access to
97	safe, reliable, efficient, and affordable electric service,
98	thereby enhancing the state's economic future while protecting
99	the environment. Recent events have shown the state's
100	vulnerability to disruptions and price volatility in its
101	electric supplies from the importation of natural gas and fuel
102	oil from domestic and foreign sources. The federal Energy Policy
103	Act of 2005 contains important provisions to promote the
104	construction and operation of new nuclear power plants in the
105	United States, including financial incentives for qualifying
106	advanced nuclear power plants and incentives that are limited to
107	the first 6,000 megawatts of advanced nuclear power plant
108	generating capacity licensed in the United States. The state
109	would benefit from timely siting of a qualifying advanced
110	nuclear power plant as a source of low-cost electricity. In
111	consideration of the present and predicted growth in electric
112	power needs in this state, and the potential for additional
113	reliable sources of electricity from nuclear power plants, the
114	Legislature finds that there is a need to develop a procedure
115	for the selection and utilization of sites for electrical
116	generating facilities utilizing nuclear energy and for the
117	identification of a state position with respect to each proposed
118	site and nuclear power plant. The Legislature recognizes that
119	the selection of sites for new or expanded nuclear-powered
120	electrical generating plants, including any associated linear
121	facilities, will have a significant impact upon the welfare of
122	the population, the location and growth of industry, and the use
123	of the natural resources of the state. The Legislature finds
124	that the efficiency of the permit application and review process
125	at both the state and local level would be improved with the
126	implementation of a process in which a permit application for
127	nuclear power plants would be centrally coordinated and all
128	permit decisions could be reviewed on the basis of adopted
129	standards and recommendations of the deciding agencies. A
130	centrally coordinated permitting process would also enhance the
131	state's ability to become the location of a qualifying advanced
132	nuclear power plant. Nuclear power plants may also be the
133	location of or otherwise promote other public benefits for water
134	supply projects, industrial development, or other activities.
135	Legislation that addresses issues unique to the siting of
136	nuclear power plants is required to encourage electric utilities
137	to site and operate new nuclear power plant facilities within
138	the state and to take advantage of provisions of the federal
139	Energy Policy Act of 2005 that operate to reduce the overall
140	costs of such plants. It is the Legislature's intent that the
141	state shall promote and approve new nuclear-powered electrical
142	generating facilities that will reasonably balance the
143	increasing demands for reliable, cost-effective electric power
144	and decisions about electrical power plant location,
145	construction, and operation with the broad interests of the
146	public.
147	Section 3.  Definitions.--As used in this act:
148	(1)  "Act" means the Florida Energy Diversity and
149	Efficiency Act.
150	(2)  "Agency," as the context requires, means an official,
151	officer, commission, authority, council, committee, department,
152	division, bureau, board, section, or other unit or entity of
153	government, including a regional or local governmental entity.
154	(3)  "Amendment" means a change in the information provided
155	by the applicant to the application for certification made after
156	the initial application filing.
157	(4)  "Applicant" means any electric utility as defined
158	under s. 366.8255(1)(a), Florida Statutes, city, town, county,
159	public utility district, electric cooperative, or joint
160	operating agency, or combination thereof, authorized under
161	Florida law to engage in the business of generating,
162	transmitting, or distributing electric energy to retail electric
163	customers in the state.
164	(5)  "Application" means the documents required by the
165	department to be filed to initiate a certification proceeding
166	and shall include the documents necessary for the department to
167	render a decision on any permit required pursuant to any
168	federally delegated or approved permit program.
169	(6)  "Associated facility" means any facility that directly
170	supports the construction and operation of the nuclear power
171	plant, including, but not limited to, any substation,
172	transmission line that connects the electrical power plant to an
173	electrical transmission network, and right-of-way to which the
174	applicant intends to connect.
175	(7)  "Associated transmission line" means any new or
176	upgraded transmission line that connects the electrical power
177	plant to a electrical transmission network or right-of-way to
178	which the applicant intends to connect, including, at the
179	applicant's option, any proposed terminal or intermediate
180	substation, substation expansion connected to the associated
181	transmission line to be certified, or new transmission line or
182	upgrade or improvement of an existing transmission line on any
183	portion of the state's electrical transmission system necessary
184	to support the generation injected into the system from the
185	proposed nuclear power plant.
186	(8)  "Board" means the Governor and Cabinet sitting as the
187	Nuclear Power Plant Siting Board.
188	(9)  "Certification" means the written order of the board
189	approving an application in whole or with such changes or
190	conditions as the board may deem appropriate.
191	(10)  "Completeness" means that the application has
192	addressed all applicable sections of the prescribed application
193	format and that those sections are sufficient in
194	comprehensiveness of data or in quality of information provided
195	to allow the department to determine whether the application
196	provides the reviewing agencies adequate information to prepare
197	the reports required by this act.
198	(11)  "Corridor" means the proposed area within which an
199	associated linear facility right-of-way is to be located. The
200	width of the corridor proposed for certification as an
201	associated facility, at the option of the applicant, may be the
202	width of the right-of-way or a wider boundary, not to exceed a
203	width of 1 mile, within which the right-of-way will be located.
204	The area within the corridor in which a right-of-way may be
205	located may be further restricted by a condition of
206	certification. After all property interests required for the
207	right-of-way have been acquired by the applicant, the boundaries
208	of the area certified shall narrow to only that land within the
209	boundaries of the right-of-way.
210	(12)  "Department" means the Department of Environmental
211	Protection.
212	(13)  "Designated administrative law judge" means the
213	administrative law judge assigned by the Division of
214	Administrative Hearings pursuant to chapter 120, Florida
215	Statutes, to conduct the hearings required by this act.
216	(14)  "Federally delegated or approved permit program"
217	means any environmental regulatory program approved by an agency
218	of the Federal Government so as to authorize the department to
219	administer and issue licenses pursuant to federal law,
220	including, but not limited to, new source review permits,
221	operation permits for major sources of air pollution, and
222	prevention of significant deterioration permits under the Clean
223	Air Act (42 U.S.C. ss. 7401 et seq.), permits under ss. 402 and
224	404 of the Clean Water Act (33 U.S.C. ss. 1251 et seq.), and
225	permits under the Resource Conservation and Recovery Act (42
226	U.S.C. ss. 6901 et seq.).
227	(15)  "License" means a franchise, permit, certification,
228	registration, charter, comprehensive plan amendment, development
229	order, or permit as defined in chapters 163 and 380, Florida
230	Statutes, or similar form of authorization required by law,
231	including permits issued under federally delegated or approved
232	permit programs, but it does not include a license required
233	primarily for revenue purposes when issuance of the license is a
234	ministerial act.
235	(16)  "Local government" means a municipality or county in
236	the jurisdiction of which the nuclear power generating facility
237	is proposed to be located, unless the term is expressly stated
238	to also include the local governments in the jurisdiction of
239	which associated facilities or associated transmission lines are
240	located.
241	(17)  "Modification" means any change in the certification
242	order after issuance, including a change in the conditions of
243	certification.
244	(18)  "Nonprocedural requirements of agencies" means any
245	agency's regulatory requirements established by statute, rule,
246	ordinance, or comprehensive plan, excluding any provisions
247	prescribing forms, fees, procedures, or time limits for the
248	review or processing of information submitted to demonstrate
249	compliance with such regulatory requirements.
250	(19)  "Notice of intent" means that notice which is filed
251	with the department on behalf of an applicant prior to
252	submission of an application pursuant to this act and which
253	notifies the department of an intent to file an application.
254	(20)  "Nuclear power generating facility" means the
255	nuclear-fueled electrical generating facility within a nuclear
256	power plant but, for purposes of this act, excludes any
257	associated facility or associated transmission line.
258	(21)  "Nuclear power plant" means, for the purpose of
259	certification, any electrical generating facility using any
260	process involving nuclear materials, fuels, or processes and, at
261	the applicant's election, includes associated facilities and
262	associated transmission lines.
263	(22)  "Preliminary statement of issues" means a listing and
264	explanation of those issues within the agency's jurisdiction
265	which are of major concern to the agency in relation to the
266	proposed nuclear power plant.
267	(23)  "Public Service Commission" or "commission" means the
268	agency created pursuant to chapter 350, Florida Statutes.
269	(24)  "Regional planning council" means a regional planning
270	council as defined in s. 186.503(4), Florida Statutes, in the
271	jurisdiction of which the nuclear power generating facility is
272	proposed to be located.
273	(25)  "Right-of-way" means land necessary for the
274	construction and maintenance of an associated linear facility,
275	such as a railroad line, pipeline, or transmission line,
276	including associated facilities and associated transmission
277	lines. The typical width of the right-of-way shall be identified
278	in the application. The right-of-way shall be located within the
279	certified corridor and shall be identified by the applicant
280	subsequent to certification in documents filed with the
281	department prior to construction.
282	(26)  "Site" means any proposed location wherein a nuclear
283	power generating facility, or a nuclear power generating
284	facility alteration or addition resulting in an increase in
285	generating capacity, will be located within state jurisdiction.
286	The site may include appropriate buffers and may accommodate
287	facilities constructed by the applicant or an agency to further
288	an objective of an adopted water management district water
289	supply plan. For purposes of this act, the term "site" does not
290	include any associated facilities or associated transmission
291	lines.
292	(27)  "Site certification" means the final order issued by
293	the board approving with any conditions or modifications a
294	proposed nuclear power plant.
295	(28)  "State comprehensive plan" means that plan set forth
296	in chapter 187, Florida Statutes.
297	(29)  "Water management district" means a water management
298	district, created pursuant to chapter 373, Florida Statutes, in
299	the jurisdiction of which the nuclear power plant is proposed to
300	be located.
301	Section 4.  Department of Environmental Protection; powers
302	and duties enumerated.--The department shall have the following
303	powers and duties in relation to this act:
304	(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54,
305	Florida Statutes, to implement the provisions of this act.
306	(2)  To prescribe the form and content of the public
307	notices and the notice of intent and the form, content, and
308	necessary supporting documentation and studies to be prepared by
309	the applicant for nuclear power plant site certification
310	applications. The department shall utilize any existing site
311	certification application forms and instructions adopted
312	pursuant to the Florida Electrical Power Plant Siting Act, ss.
313	403.501-403.518, Florida Statutes, until such new forms are
314	adopted by the department.
315	(3)  To receive applications for nuclear power plant site
316	certifications and to determine the completeness thereof.
317	(4)  To make, or contract for, studies of nuclear power
318	plant site certification applications.
319	(5)  To administer the processing of applications for
320	nuclear power plant site certifications and to ensure that the
321	applications are processed as expeditiously as possible.
322	(6)  To require such fees as allowed by this act.
323	(7)  To conduct studies and prepare a written analysis.
324	(8)  To prescribe the means for monitoring continued
325	compliance with terms of the certification.
326	(9)  To notify all affected agencies of the filing of a
327	notice of intent within 15 days after receipt of the notice.
328	(10)  To issue, with the nuclear power plant certification,
329	any license required pursuant to any federally delegated or
330	approved permit program.
331	Section 5.  Applicability and certification.--
332	(1)  The provisions of this act shall apply exclusively to
333	any nuclear power plant as defined in this act and to any
334	expansion in steam-generating capacity of any existing nuclear
335	power plant. No construction of any new nuclear power plant or
336	expansion in steam-generating capacity of any existing nuclear
337	power plant may be undertaken after the effective date of this
338	act without first obtaining certification as provided in this
339	act. Except as otherwise provided in this subsection, this act
340	shall not apply to any such nuclear power plant that is
341	presently operating or that has, upon the effective date of this
342	act, applied for a permit or certification under requirements in
343	force prior to the effective date of such act.
344	(2)  Except as provided in the certification, modification
345	of nuclear fuels, internal-related hardware, or operating
346	conditions not in conflict with certification, which increase
347	the electrical output of a unit to no greater capacity than the
348	maximum operating capacity of the existing electrical generator,
349	shall not constitute an alteration or addition to generating
350	capacity which requires certification pursuant to this act.
351	(3)  The application for any related department license
352	which is required pursuant to any federally delegated or
353	approved permit program shall be processed within the time
354	periods allowed by this act, in lieu of those specified in s.
355	120.60, Florida Statutes.
356	Section 6.  Distribution of application; schedules.--
357	(1)  Within 7 days after the filing of an application, the
358	department shall provide to the applicant and the Division of
359	Administrative Hearings the names and addresses of those
360	affected or other agencies entitled to notice and copies of the
361	application and any amendments.
362	(2)  Within 7 days after the filing of an application, the
363	department shall prepare a schedule of dates for submission of
364	statements of issues, determination of completeness, and
365	submittal of final reports from affected and other agencies,
366	petition for a certification hearing, and other significant
367	dates to be followed during the certification process, including
368	dates for filing notices of appearance to be a party pursuant to
369	section 11(2)(c). The schedule shall establish the date for
370	conduct of any certification hearing as provided for in this
371	act. This schedule shall be timely provided by the department to
372	the applicant, the administrative law judge, all agencies
373	identified pursuant to subsection (1), and all parties.
374	(3)  Within 7 days after the department issues the names
375	and addresses of those affected or other agencies entitled to
376	notice and copies of the application and any amendments, the
377	applicant shall distribute copies of the application to all
378	agencies identified by the department. Copies of changes and
379	amendments to the application shall be timely distributed by the
380	applicant to all affected agencies and parties.
381	Section 7.  Appointment of administrative law
382	judge.--Within 7 days after receipt of an application, the
383	department shall request the Division of Administrative Hearings
384	to designate an administrative law judge to conduct the hearings
385	required by this act. The division director shall designate an
386	administrative law judge within 7 days after receipt of the
387	request from the department.
388	Section 8.  Determination of completeness.--
389	(1)  Within 45 days after the distribution of the
390	application or amendment to a pending application, the
391	department shall file a statement with the Division of
392	Administrative Hearings and with the applicant declaring its
393	position with regard to the completeness of the application or
394	amendment. The department's statement shall be based upon
395	consultation with the affected agencies, which shall submit to
396	the department recommendations on the completeness of the
397	application within 30 days after distribution of the
398	application.
399	(2)  If the department declares the application or
400	amendment incomplete, the applicant may withdraw the application
401	or amendment. If the applicant declines to withdraw the
402	application or amendment, the applicant may, at its option:
403	(a)  Within 40 days after the department filed its
404	statement of incompleteness or such later date as authorized by
405	department rules, file additional information necessary to make
406	the application or amendment complete. If the applicant makes
407	its application or amendment complete within this time period,
408	the time schedules under this act shall not be tolled by the
409	department's statement of incompleteness.
410	(b)  Advise the department and the administrative law judge
411	that the information necessary to make the application or
412	amendment complete cannot be supplied within the time period
413	authorized in paragraph (a). The time schedules under this act
414	shall be tolled from the date of the notice of incompleteness
415	until the application or amendment is determined complete.
416	(c)  Contest the statement of incompleteness by filing a
417	request for a hearing with the administrative law judge within
418	15 days after the filing of the statement of incompleteness. If
419	a hearing is requested by the applicant, all time schedules
420	under this act shall be tolled as of the department's statement
421	of incompleteness, pending the administrative law judge's
422	decision concerning the dispute. A hearing shall be held no
423	later than 21 days after the filing of the statement by the
424	department, and a final decision shall be rendered by the
425	administrative law judge within 10 days after the hearing.
426	(3)(a)  If the administrative law judge determines,
427	contrary to the department, that an application or amendment is
428	complete, all time schedules under this act shall resume as of
429	the date of the administrative law judge's determination.
430	(b)  If the administrative law judge agrees that the
431	application is incomplete, all time schedules under this act
432	shall remain tolled until the applicant files additional
433	information and the application or amendment is determined
434	complete by the department or the administrative law judge.
435	(4)  If, within 30 days after receipt of the additional
436	information submitted pursuant to paragraph (2)(a), paragraph
437	(2)(b), or paragraph (3)(b), based upon the recommendations of
438	the affected agencies, the department determines that the
439	additional information supplied by an applicant does not render
440	the application or amendment complete, the applicant may
441	exercise any of the options specified in subsection (2) as often
442	as may be necessary to resolve the dispute.
443	Section 9.  Preliminary statements of issues, reports, and
444	studies.--
445	(1)  Each affected agency identified in paragraph (2)(a)
446	shall submit a preliminary statement of issues to the department
447	and the applicant no later than 45 days after the distribution
448	of the application. The failure to raise an issue in this
449	statement shall not preclude the issue from being raised in the
450	agency's report.
451	(2)(a)  The following agencies shall prepare reports as
452	provided below and shall submit them to the department and the
453	applicant within 60 days after the application is determined
454	complete:
455	1.  The Department of Community Affairs shall prepare a
456	report containing recommendations which address the impact upon
457	the public of the proposed nuclear power plant, based on the
458	degree to which the nuclear power plant is consistent with the
459	applicable portions of the state comprehensive plan and other
460	such matters within its jurisdiction.
461	2.  The Public Service Commission shall prepare a report as
462	to the present and future need for the electrical generating
463	capacity to be supplied by the proposed nuclear power plant. The
464	report shall include the commission's determination pursuant to
465	section 24(4) and may include the commission's comments with
466	respect to any other matters within its jurisdiction.
467	3.  The water management district shall prepare a report as
468	to matters within its regulatory jurisdiction.
469	4.  Each local government in whose jurisdiction the
470	proposed nuclear power plant, including associated facilities
471	and associated transmission lines, is to be located shall
472	prepare a report as to the consistency of the proposed nuclear
473	power plant with all applicable local ordinances, regulations,
474	standards, or criteria that apply to the proposed nuclear power
475	plant, including adopted local comprehensive plans, land
476	development regulations, and any applicable local environmental
477	regulations adopted pursuant to s. 403.182, Florida Statutes, or
478	by other means. Each local government in which the nuclear power
479	generating facility is to be located shall also report on
480	whether the proposed site for a nuclear power generating
481	facility is located in a future land use category and a zoning
482	district, as adopted by the local government and which were in
483	effect on the date upon which the application was filed, which
484	permits the location of a nuclear power generating facility. If
485	the proposed site for a nuclear power generating facility is not
486	located in a future land use category or zoning district which
487	allows such a use, then the local government shall identify the
488	future land use category or zoning district which would be
489	required to allow the proposed nuclear power generating facility
490	on the proposed site. If the proposed site for a nuclear power
491	generating facility is not located in a future land use category
492	or zoning district which allows such a use, the local government
493	shall identify in its report any reasonable and available
494	methods which the local government believes are necessary to
495	make the proposed use of the site for a nuclear power generating
496	facility consistent with the local comprehensive plan future
497	land use category, in compliance with the local zoning code or
498	compatible with the existing land uses surrounding the proposed
499	nuclear power generating facility site.
500	5.  The Fish and Wildlife Conservation Commission shall
501	prepare a report as to matters within its jurisdiction.
502	6.  The regional planning council shall prepare a report
503	containing recommendations that address the impact upon the
504	public of the proposed nuclear power plant, as identified under
505	the applicable provisions of the strategic regional policy plan
506	adopted pursuant to chapter 186, Florida Statutes.
507	7.  The Department of Health shall prepare a report as to
508	matters within its jurisdiction.
509	8.  The Department of Transportation shall prepare a report
510	as to the impact of the proposed nuclear power plant and
511	associated linear facilities on roads, railroads, airports,
512	aeronautics, seaports, and other matters within its
513	jurisdiction.
514	9.  Any other agency, if requested by the department and
515	upon approval of the assigned administrative law judge, shall
516	also perform studies or prepare reports as to matters within
517	that agency's jurisdiction which may be directly affected by the
518	proposed nuclear power plant.
519	(b)  Each report described in this subsection shall contain
520	all information on variances, exemptions, exceptions, or other
521	relief which may be required and any proposed conditions of
522	certification on matters within the jurisdiction of such agency.
523	For each condition proposed by an agency in its report, the
524	agency shall list the specific statute, rule, or ordinance which
525	authorizes the proposed condition. No condition of certification
526	may be imposed upon a nuclear power plant project that is not
527	directly required to ensure compliance with a specific statute,
528	rule, or ordinance of an agency or the criteria set forth in
529	this act.
530	(c)  The agencies shall initiate the activities required by
531	this section no later than 30 days after the complete
532	application is distributed.
533	(3)  The department shall prepare a written analysis, which
534	shall be filed with the designated administrative law judge and
535	served on all parties no later than 85 days after the
536	application is found complete, but no later than 60 days prior
537	to the scheduled date for the certification hearing if a
538	petition for hearing were to be filed, and which shall include:
539	(a)  A statement indicating whether the proposed nuclear
540	power plant and proposed ultimate site capacity will be in
541	compliance with the rules of the department and in compliance
542	with a specific statute, rule, or ordinance of an agency
543	identified in that agency's report.
544	(b)  Copies of the studies and reports required by this
545	act.
546	(c)  The comments received by the department from any other
547	agency or person.
548	(d)  The recommendation of the department as to the
549	disposition of the application, of variances, exemptions,
550	exceptions, or other relief identified by any party, and of any
551	proposed conditions of certification which the department
552	believes should be imposed, including any conditions proposed by
553	an agency which the department believes should be imposed in any
554	final certification.
555	(e)  The recommendation of the department regarding the
556	issuance of any license required pursuant to a federally
557	delegated or approved permit program.
558	(4)  Except when good cause is shown, the failure of any
559	agency to submit a preliminary statement of issues or a report,
560	or to submit its preliminary statement of issues or report
561	within the allowed time, shall not be grounds for the alteration
562	of any time limitation in this act. Neither the failure to
563	submit a preliminary statement of issues or a report nor the
564	inadequacy of the preliminary statement of issues or report
565	shall be grounds to deny or condition certification.
566	Section 10.  Notice of department recommendation, petition
567	for certification hearing.--
568	(1)  The department and the applicant shall publish a
569	public notice as provided for in this section, announcing the
570	issuance of the department's recommendation on the application
571	for site certification. The notice shall be published in the
572	newspaper or newspapers in the jurisdictions where the proposed
573	nuclear power plant and any associated facility are proposed to
574	be located. The notice shall inform the public of the issuance
575	of the department's report, the conclusion reached in that
576	report, and the locations where the department's report and the
577	application are available for public inspection.
578	(2)  Within 14 days after its receipt of the department's
579	recommendation or within 14 days after the newspaper notice of
580	the department's recommendation, whichever occurs first, any
581	party or any person whose substantial interests may be affected
582	by the proposed nuclear power plant may file with the department
583	a petition for a site certification hearing. The petition shall
584	identify the person filing the petition, identify the
585	substantial interests alleged to be affected, and identify with
586	specificity those issues which the person alleges require the
587	conduct of a certification hearing on the proposed nuclear power
588	plant.
589	(3)  Failure to timely file a petition for a certification
590	hearing shall result in the department's recommendation becoming
591	final and no longer subject to challenge or reversal in any
592	proceeding, including, before the board. Only those conditions
593	contained in the department's recommendation may be imposed upon
594	the proposed nuclear power plant.
595	Section 11.  Certification proceedings, parties,
596	participants.--
597	(1)  If any party or person whose substantial interests are
598	affected files a petition for a certification hearing within 14
599	days after publication of notice of the department's notice of
600	its recommendation on the application for site certification, a
601	certification hearing shall be held by the designated
602	administrative law judge no later than 260 days from the date
603	the application is filed with the department. However, an
604	affirmative determination of need by the Public Service
605	Commission pursuant to this act shall be a condition precedent
606	to the conduct of the certification hearing. If a timely
607	petition for a certification hearing is filed, the certification
608	hearing shall be held at a location in proximity to the proposed
609	site. The certification hearing shall also constitute the sole
610	hearing allowed by chapter 120, Florida Statutes, to determine
611	the substantial interest of a party regarding any required
612	agency license or any related permit required pursuant to any
613	federally delegated or approved permit program. At the
614	conclusion of the certification hearing, the designated
615	administrative law judge shall, after consideration of all
616	evidence of record, submit to the board a recommended order no
617	later than 60 days after the date of the filing of the hearing
618	transcript. In the event the administrative law judge fails to
619	issue a recommended order within 60 days after the date of the
620	filing of the hearing transcript, the administrative law judge
621	shall submit a report to the board with a copy to all parties
622	within 60 days after the date of the filing of the hearing
623	transcript to advise the board of the reason for the delay in
624	the issuance of the recommended order and of the date by which
625	the recommended order will be issued.
626	(2)(a)  Parties to the proceeding shall include:
627	1.  The applicant.
628	2.  The Public Service Commission.
629	3.  The Department of Community Affairs.
630	4.  The Fish and Wildlife Conservation Commission.
631	5.  The Department of Transportation.
632	6.  The water management district.
633	7.  The department.
634	8.  The regional planning council.
635	9.  The local government.
636	(b)  Any party listed in paragraph (a) other than the
637	department or the applicant may waive its right to participate
638	in these proceedings. If such listed party fails to file a
639	notice of its intent to be a party on or before the 90th day
640	prior to the scheduled date for the certification hearing, such
641	party shall be deemed to have waived its right to be a party.
642	(c)  Upon the filing of a notice of intent to be a party
643	with the administrative law judge and no more than 21 days after
644	the date of publication of notice of filing of the application
645	for site certification, the following shall also be parties to
646	the proceeding:
647	1.  Any agency not listed in paragraph (a) as to matters
648	within its jurisdiction.
649	2.  Any domestic nonprofit corporation or association
650	formed, in whole or in part, to promote conservation or natural
651	beauty; to protect the environment, personal health, or other
652	biological values; to preserve historical sites; to promote
653	consumer interests; to represent labor, commercial, or
654	industrial groups; or to promote comprehensive planning or
655	orderly development of the area in which the proposed nuclear
656	power plant is to be located.
657	(d)  Notwithstanding paragraph (e), failure of an agency to
658	file a notice of intent to be a party within the time provided
659	in this section shall constitute a waiver of the right of the
660	agency to participate as a party in the proceeding.
661	(e)  Other parties may include any person, including those
662	persons enumerated in paragraph (c) who have failed to timely
663	file a notice of intent to be a party, whose substantial
664	interests are affected and being determined by the proceeding,
665	and who timely file a motion to intervene pursuant to chapter
666	120, Florida Statutes, and applicable rules. Late intervention
667	pursuant to this paragraph may be granted by the designated
668	administrative law judge upon a showing of good cause that
669	excuses such late intervention and upon such conditions as he or
670	she may prescribe any time prior to 30 days before the
671	commencement of the certification hearing.
672	(f)  Any agency, including those whose properties or works
673	are affected, shall be made a party upon the request of the
674	department or the applicant.
675	(3)  When appropriate, any person may be given an
676	opportunity to present oral or written communications to the
677	designated administrative law judge. If the designated
678	administrative law judge proposes to consider such
679	communications, then all parties shall be given an opportunity
680	to cross-examine or challenge or rebut such communications.
681	(4)  The designated administrative law judge shall have all
682	powers and duties granted to administrative law judges by
683	chapter 120, Florida Statutes, and this act and by the rules of
684	the department and the Administration Commission, including the
685	authority to resolve disputes over the completeness and
686	sufficiency of an application for certification.
687	Section 12.  Final disposition of application.--
688	(1)  Within 60 days after the date of the issuance of the
689	department's recommendation if no hearing is held, or within 60
690	days after the date of the receipt of the designated
691	administrative law judge's recommended order following a
692	certification hearing, the board shall act upon the application
693	by written order, approving certification or denying the
694	issuance of a certificate, in accordance with the criteria set
695	forth in this act, and stating the reasons for issuance or
696	denial. If no hearing has been held, the board shall enter a
697	final order approving the proposed nuclear power plant subject
698	only to the conditions of certification contained in the
699	department's recommendation.
700	(2)  Following the holding of a certification hearing, in
701	determining whether an application should be approved in whole,
702	approved with modifications or conditions, or denied, the board
703	shall consider whether, and the extent to which, the location,
704	construction, and operation of the proposed nuclear power plant
705	will:
706	(a)  Meet the electrical energy needs of the state in an
707	orderly and timely fashion, as determined by the Public Service
708	Commission.
709	(b)  Comply with nonprocedural requirements of agencies.
710	(c)  Be consistent with applicable local government
711	comprehensive plans and in compliance with applicable zoning
712	ordinances. To the extent the proposed nuclear power plant is
713	not consistent with applicable local government comprehensive
714	plans or is not in compliance with local zoning ordinances, the
715	board shall then order, through appropriate conditions, such
716	reasonable and available methods be utilized as are necessary to
717	minimize any inconsistency with applicable future land use
718	categories or noncompliance with applicable local zoning or
719	otherwise make the proposed nuclear power plant compatible with
720	existing land uses surrounding the site.
721	(d)  Effect a reasonable balance between the need for the
722	nuclear power plant as a means of providing abundant low-cost
723	electrical energy and the impact upon the public and the
724	environment resulting from the location, construction, and
725	operation of the proposed nuclear power plant.
726	(3)  Following the conduct of a certification hearing, if
727	the certificate is denied, the board shall set forth in writing
728	the actions the applicant would have to take to secure the
729	board's approval of the application.
730	(4)  The issues that may be raised in any hearing before
731	the board shall be limited to those matters raised in the
732	certification hearing before the administrative law judge or
733	raised in the recommended order. Only parties may appear before
734	the board and shall be subject to the provisions of s. 120.66,
735	Florida Statutes.
736	(5)  In regard to the properties and works of any agency
737	which is a party to the certification hearing, the board shall
738	have the authority to decide issues relating to the use, the
739	connection thereto, or the crossing thereof, for the nuclear
740	power plant and site and to direct any such agency to execute,
741	within 30 days after the entry of certification, the necessary
742	license or easement for such use, connection, or crossing,
743	subject only to the conditions set forth in such certification.
744	Section 13.  Alteration of time limits.--Any time
745	limitation in this act may be altered by the designated
746	administrative law judge upon stipulation between the department
747	and the applicant, unless objected to by any party within 5 days
748	after notice or for good cause shown by any party.
749	Section 14.  Superseded laws, regulations, and
750	certification power.--
751	(1)  If any provision of this act is in conflict with any
752	other provision, limitation, or restriction under any law, rule,
753	regulation, or ordinance of this state or any political
754	subdivision, municipality, or agency, this act shall govern and
755	control, and such law, rule, regulation, or ordinance shall be
756	deemed superseded for the purposes of this act.
757	(2)  The state hereby preempts the siting, regulation, and
758	certification of nuclear power plant sites and nuclear power
759	plants as defined in this act.
760	(3)  The board may adopt reasonable procedural rules
761	pursuant to ss. 120.536(1) and 120.54 to carry out its duties
762	under this act and to give effect to the legislative intent that
763	this act is to provide an efficient, simplified, centrally
764	coordinated, one-stop licensing process.
765	Section 15.  Effect of certification.--
766	(1)  Subject to the conditions set forth in the
767	certification, any certification signed by the Governor shall
768	constitute the sole license of the state and any agency as to
769	the approval of the site and the construction and operation of
770	the proposed nuclear power plant, except for the issuance of
771	department licenses required under any federally delegated or
772	approved permit program and except as otherwise provided in
773	subsection (4).
774	(2)(a)  The certification shall authorize the applicant
775	named in the certification to construct and operate the proposed
776	nuclear power plant, subject only to the conditions of
777	certification set forth in the certification, and except for the
778	issuance of department licenses or permits required under any
779	federally delegated or approved permit program.
780	(b)  Except as provided in subsection (4), the
781	certification may include conditions that constitute variances,
782	exemptions, or exceptions from nonprocedural requirements of the
783	department or any agency which were expressly considered during
784	the proceeding unless waived by the agency as provided below and
785	which otherwise would be applicable to the construction and
786	operation of the proposed nuclear power plant. No variance,
787	exemption, exception, or other relief shall be granted from a
788	state statute or rule for the protection of endangered or
789	threatened species, aquatic preserves, Outstanding National
790	Resource Waters, and Outstanding Florida Waters, or for the
791	disposal of hazardous waste, except to the extent authorized by
792	the applicable statute or rule, or upon a finding by the board
793	that certifying the nuclear power plant at the site proposed by
794	the applicant overrides the public interest protected by the
795	statute or rule from which relief is sought. Each party shall
796	notify the applicant and other parties no more than 60 days
797	after the application is determined sufficient of any
798	nonprocedural requirements not specifically listed in the
799	application from which a variance, exemption, exception, or
800	other relief is necessary in order for the board to certify any
801	nuclear power plant proposed for certification. Failure of such
802	notification by an agency shall be treated as a waiver from
803	nonprocedural requirements of the department or any other
804	agency. However, no variance shall be granted from standards or
805	regulations of the department applicable under any federally
806	delegated or approved permit program, except as expressly
807	allowed in such program.
808	(c)  To the extent any condition of certification imposed
809	pursuant to this act is inconsistent with or otherwise in
810	conflict with any requirement of federal law, regulation, or
811	license regulating construction and operation of a nuclear power
812	plant certified under this act, then such condition of
813	certification shall be automatically modified to conform to such
814	federal requirement or be superseded by such federal
815	requirement. The state shall not enforce compliance with any
816	such federal requirement under this act, except to the extent
817	the state is authorized to enforce such condition under federal
818	law.
819	(3)  The certification shall be in lieu of any license,
820	permit, certificate, or similar document required by any agency
821	pursuant to, but not limited to, chapter 125, chapter 161,
822	chapter 163, chapter 166, chapter 186, chapter 253, chapter 298,
823	chapter 370, chapter 373, chapter 376, chapter 380, chapter 381,
824	chapter 387, chapter 403, except for permits issued pursuant to
825	s. 403.0885, Florida Statutes, and except as provided in s.
826	403.509(3) and (6), Florida Statutes, or chapter 404, Florida
827	Statutes, the Florida Transportation Code, or 33 U.S.C. s. 1341.
828	(4)  This act shall not affect in any way the right of any
829	local government to charge appropriate fees or require that
830	construction be in compliance with applicable building
831	construction codes, provided that in the event of a conflict
832	between requirements of local building construction codes and
833	federal requirements, such federal requirements shall supersede
834	local building construction codes.
835	(5)(a)  A nuclear power plant certified pursuant to this
836	act shall comply with rules adopted by the department subsequent
837	to the issuance of the certification which prescribe new or
838	stricter criteria, to the extent that the rules are applicable
839	to nuclear power plants. Except when express variances,
840	exceptions, exemptions, or other relief have been granted,
841	subsequently adopted rules which prescribe new or stricter
842	criteria shall operate as automatic modifications to
843	certifications. A holder of a certification issued under this
844	act may apply to the board for relief from such rules to the
845	extent relief is available to other electrical power plants in
846	the state. Any such relief shall be granted in the same manner
847	as provided for the granting of relief at the time of the
848	original certification, as provided for in this act.
849	(b)  Upon written notification to the department, any
850	holder of a certification issued pursuant to this act may choose
851	to operate the certified nuclear power plant in compliance with
852	any rule subsequently adopted by the department which prescribes
853	criteria more lenient than the criteria required by the terms
854	and conditions in the certification which are not site-specific.
855	(c)  No term or condition of certification shall be
856	interpreted to preclude the postcertification exercise by any
857	party of whatever procedural rights it may have under chapter
858	120, Florida Statutes, including those related to rulemaking
859	proceedings.
860	Section 16.  Notice; costs of proceeding.--
861	(1)  The following notices are to be published by the
862	applicant:
863	(a)  A notice of filing of the application, which shall be
864	published as specified in subsection (2) within 15 days after
865	the application has been determined complete. Such notice shall
866	give notice of the provisions of section 15(1) and (2).
867	(b)  Notice of issuance of the department's agency report
868	and recommendation, which shall be published as specified in
869	subsection (2) no later than 10 days after the report and
870	recommendation are issued by the department.
871	(c)  If a certification hearing is to be conducted, then
872	notice published as specified in subsection (2).
873	(d)  Notice of modification when required by the
874	department, based on whether the requested modification of
875	certification will significantly increase impacts to the
876	environment or the public. Such notice shall be published as
877	specified under subsection (2):
878	1.  Within 21 days after receipt of a request for
879	modification, except that the newspaper notice shall be of a
880	size as directed by the department commensurate with the scope
881	of the modification.
882	2.  If a hearing is to be conducted in response to the
883	request for modification, then notice shall be provided as
884	specified in paragraph (c).
885	(e)  Notice of a supplemental application, which shall be
886	published as follows:
887	1.  Notice of receipt of the supplemental application shall
888	be published as specified in paragraph (a).
889	2.  Notice of the certification hearing shall be published
890	as specified in paragraph (d).
891	(2)  Notices provided by the applicant shall be published
892	in newspapers of general circulation within the county or
893	counties in which the proposed nuclear power plant will be
894	located. The newspaper notices shall be at least one-half page
895	in size in a standard size newspaper or a full page in a tabloid
896	size newspaper and published in a section of the newspaper other
897	than the legal notices section. These notices shall include a
898	map generally depicting the project and all associated
899	facilities corridors, including associated transmission lines,
900	if any. A newspaper of general circulation shall be the
901	newspaper which has the largest daily circulation in that county
902	and has its principal office in that county. If the newspaper
903	with the largest daily circulation has its principal office
904	outside the county, the notices shall appear in both the
905	newspaper having the largest circulation in that county and in a
906	newspaper authorized to publish legal notices in that county.
907	(3)  All notices published by the applicant shall be paid
908	for by the applicant and shall be in addition to the application
909	fee.
910	(4)  The department shall:
911	(a)  Publish in the manner specified in chapter 120,
912	Florida Statutes, notices of the filing of the application or
913	supplemental application; of the department's report and
914	recommendation; the certification hearing, if one is to be held;
915	the hearing before the board; and stipulations, proposed agency
916	action, or petitions for modification.
917	(b)  Provide copies of those notices to any persons who
918	have requested to be placed on the departmental mailing list for
919	this purpose.
920	(5)  The applicant shall pay those expenses and costs
921	associated with the conduct of the hearings and the recording
922	and transcription of the proceedings.
923	Section 17.  Revocation or suspension of
924	certification.--Any certification may be revoked or suspended:
925	(1)  For any material false statement in the application or
926	in the supplemental or additional statements of fact or studies
927	required of the applicant when a true answer would have
928	warranted the board's refusal to recommend a certification in
929	the first instance.
930	(2)  For failure to comply with the terms or conditions of
931	the certification.
932	(3)  For violation of the provisions of this act or rules
933	or orders issued under this act.
934	Section 18.  Review.--Proceedings under this act shall be
935	subject to judicial review in the Florida Supreme Court.
936	Separate appeals of the certification order issued by the board
937	and of any department permit issued pursuant to a federally
938	delegated or approved permit program shall be consolidated for
939	purposes of judicial review. Review on appeal shall be based
940	solely on the record before the board and briefs to the court
941	and shall be limited to determining whether the certification
942	order conforms to the constitution and laws of this state and
943	the United States and is within the authority of the board under
944	this act. The Supreme Court shall proceed to hear and determine
945	the action as expeditiously as practicable and give the action
946	precedence over other matters not accorded similar precedence by
947	law.
948	Section 19.  Enforcement of compliance.--Failure to obtain
949	a certification or to comply with the conditions of
950	certification or this act shall constitute a violation of
951	chapter 403, Florida Statutes.
952	Section 20.  Availability of information.--The department
953	shall make available for public inspection and copying during
954	regular office hours, at the expense of any person requesting
955	copies, any information filed or submitted to the department
956	pursuant to this act.
957	Section 21.  Modification of certification.--
958	(1)  A certification may be modified after issuance in any
959	one of the following ways:
960	(a)  The board may delegate to the department the authority
961	to modify specific conditions in the certification.
962	(b)  The department may modify the terms and conditions of
963	the certification if no party to the certification hearing
964	objects in writing to such modification within 45 days after
965	notice by mail to such party's last address of record and if no
966	other person whose substantial interests will be affected by the
967	modification objects in writing within 30 days after issuance of
968	public notice. If objections are raised, the applicant may file
969	a petition for modification pursuant to paragraph (c).
970	(c)  Any petition for modification shall be filed with the
971	department and the Division of Administrative Hearings. A
972	petition for modification may be filed by the applicant or the
973	department setting forth:
974	1.  The proposed modification.
975	2.  The factual reasons asserted for the modification.
976	3.  The anticipated effects of the proposed modification on
977	the applicant, the public, and the environment.
978	(2)  Petitions filed pursuant to this section shall be
979	disposed of in the same manner as an application, but with time
980	periods established by the administrative law judge commensurate
981	with the significance of the modification requested.
982	(3)  Any agreement or modification under this section must
983	be in accordance with the terms of this act. No modification to
984	a certification shall be granted that constitutes a variance
985	from standards or regulations of the department applicable under
986	any federally delegated or approved permit program, except as
987	expressly allowed in such program.
988	Section 22.  Supplemental applications for sites certified
989	for ultimate site capacity.--
990	(1)(a)  The department shall adopt rules governing the
991	processing of supplemental applications for certification of the
992	construction and operation of nuclear power plants to be located
993	at sites which have been previously certified for an ultimate
994	site capacity pursuant to this act. Supplemental applications
995	shall be limited to nuclear power plants using the fuel type
996	previously certified for that site. The rules adopted pursuant
997	to this section shall include provisions for:
998	1.  Prompt appointment of a designated administrative law
999	judge.
1000	2.  The contents of the supplemental application.
1001	3.  Resolution of disputes as to the completeness and
1002	sufficiency of supplemental applications by the designated
1003	administrative law judge.
1004	4.  Public notice of the filing of the supplemental
1005	applications.
1006	5.  Time limits for prompt processing of supplemental
1007	applications.
1008	6.  Final disposition by the board within 215 days after
1009	the filing of a complete supplemental application.
1010	(b)  The time limits shall not exceed any time limitation
1011	governing the review of initial applications for site
1012	certification pursuant to this act, it being the legislative
1013	intent to provide shorter time limitations for the processing of
1014	supplemental applications for nuclear power plants to be
1015	constructed and operated at sites which have been previously
1016	certified for an ultimate site capacity.
1017	(c)  Any time limitation in this section or in rules
1018	adopted pursuant to this section may be altered by the
1019	designated administrative law judge upon stipulation between the
1020	department and the applicant, unless objected to by any party
1021	within 5 days after notice or for good cause shown by any party.
1022	The parties to the proceeding shall adhere to the provisions of
1023	chapter 120, Florida Statutes, and this act in considering and
1024	processing such supplemental applications.
1025	(2)  Supplemental applications shall be reviewed as
1026	provided in this act, except that the time limits provided in
1027	this section shall apply to such supplemental applications.
1028	(3)  For the purposes of this act, the term "ultimate site
1029	capacity" means the maximum generating capacity for a site as
1030	certified by the board.
1031	Section 23.  Fees; disposition.--The department shall
1032	charge the applicant the following fees, as appropriate, which
1033	shall be paid into the Florida Permit Fee Trust Fund:
1034	(1)  An application fee, which shall not exceed $200,000.
1035	The fee shall be fixed by rule on a sliding scale related to the
1036	size, type, ultimate site capacity, increase in generating
1037	capacity proposed by the application, or the number and size of
1038	local governments in whose jurisdiction the nuclear power plant
1039	is located.
1040	(a)  Sixty percent of the fee shall go to the department to
1041	cover any costs associated with reviewing and acting upon the
1042	application, to cover any field services associated with
1043	monitoring construction and operation of the facility, and to
1044	cover the costs of the public notices published by the
1045	department.
1046	(b)  Twenty percent of the fee or $25,000, whichever is
1047	greater, shall be transferred to the Administrative Trust Fund
1048	of the Division of Administrative Hearings of the Department of
1049	Management Services.
1050	(c)  Upon written request with proper itemized accounting
1051	within 90 days after final agency action by the board or
1052	withdrawal of the application, the department shall reimburse
1053	the Department of Community Affairs, the Fish and Wildlife
1054	Conservation Commission, any water management district created
1055	pursuant to chapter 373, Florida Statutes, regional planning
1056	council, and local government in the jurisdiction of which the
1057	proposed nuclear power plant is to be located, and any other
1058	agency from which the department requests special studies
1059	pursuant to this act. Such reimbursement shall be authorized for
1060	the preparation of any studies required of the agencies by this
1061	act, for agency travel and per diem to attend any hearing held
1062	pursuant to this act, and for local governments to participate
1063	in the proceedings. In the event the amount available for
1064	allocation is insufficient to provide for complete reimbursement
1065	to the agencies, reimbursement shall be on a prorated basis.
1066	(d)  If any sums are remaining, the department shall retain
1067	them for its use in the same manner as is otherwise authorized
1068	by this act; provided, however, that if the certification
1069	application is withdrawn, the remaining sums shall be refunded
1070	to the applicant within 90 days after withdrawal.
1071	(2)  A certification modification fee, which shall not
1072	exceed $30,000. The fee shall be submitted to the department
1073	with a formal petition for modification to the department. This
1074	fee shall be established, disbursed, and processed in the same
1075	manner as the application fee in subsection (1), except that the
1076	Division of Administrative Hearings shall not receive a portion
1077	of the fee unless the petition for certification modification is
1078	referred to the Division of Administrative Hearings for hearing.
1079	If the petition is so referred, only $10,000 of the fee shall be
1080	transferred to the Administrative Trust Fund of the Division of
1081	Administrative Hearings of the Department of Management
1082	Services. The fee for a modification by agreement shall be
1083	$10,000, to be paid upon the filing of the request for
1084	modification. Any sums remaining after payment of authorized
1085	costs shall be refunded to the applicant within 90 days after
1086	issuance or denial of the modification or withdrawal of the
1087	request for modification.
1088	(3)  A supplemental application fee, not to exceed $75,000,
1089	to cover all reasonable expenses and costs of the review,
1090	processing, and proceedings of a supplemental application. This
1091	fee shall be established, disbursed, and processed in the same
1092	manner as the certification application fee in subsection (1),
1093	except that only $20,000 of the fee shall be transferred to the
1094	Administrative Trust Fund of the Division of Administrative
1095	Hearings of the Department of Management Services.
1096	Section 24.  Exclusive forum for determination of need.--
1097	(1)  On request by an applicant, the Public Service
1098	Commission shall begin a proceeding to determine the need for a
1099	nuclear power plant subject to this act. The commission shall
1100	publish a notice of the proceeding in a newspaper of general
1101	circulation in each county in which the proposed nuclear power
1102	plant will be located. The notice shall be at least one-quarter
1103	of a page and published at least 45 days prior to the scheduled
1104	date for the proceeding.
1105	(2)(a)  The commission shall hold a hearing within 90 days
1106	after the filing of the petition and shall grant or deny the
1107	petition to determine need within 135 days after the date of the
1108	filing of the petition. The commission shall be the sole forum
1109	for the determination of this matter and the issues addressed in
1110	the petition, which accordingly shall not be reviewed in any
1111	other forum. In making its determination to either grant or deny
1112	a petition for determination of need, the commission shall
1113	consider the need for electric system reliability and integrity,
1114	including fuel diversity, the need for base-load generating
1115	capacity, and the need for adequate electricity at a reasonable
1116	cost.
1117	(b)  The applicant's petition shall include:
1118	1.  A description of the need for the generation capacity.
1119	2.  A description of how the proposed nuclear power plant
1120	will enhance the reliability of electric power production within
1121	the state by improving the balance of power plant fuel diversity
1122	and reducing Florida's dependence on fuel oil and natural gas.
1123	3.  A description of and a nonbinding estimate of the cost
1124	of the nuclear power plant.
1125	4.  The annualized base revenue requirement for the first
1126	12 months of operation of the nuclear power plant.
1127	(c)  The commission shall grant a petition on a finding
1128	that the nuclear power plant will:
1129	1.  Provide needed base-load capacity.
1130	2.  Enhance the reliability of electric power production
1131	within the state by improving the balance of power plant fuel
1132	diversity and reducing Florida's dependence on fuel oil and
1133	natural gas.
1134	3.  Provide a cost-effective, although not necessarily the
1135	least-cost alternative source of power, taking into account the
1136	need to improve the balance of fuel diversity, reduce Florida's
1137	dependence on fuel oil and natural gas, mitigate air emission
1138	effects within the state, and contribute to the long-term
1139	stability and reliability of the electric grid.
1140	(3)  No provision of rule 25-22.082, Florida Administrative
1141	Code, shall be applicable to a nuclear power plant sited under
1142	this act, including provisions for cost recovery, and an
1143	applicant shall not otherwise be required to secure competitive
1144	proposals for power supply prior to making application under
1145	this act or receiving a determination of need from the
1146	commission.
1147	(4)  The commission's determination of need for a nuclear
1148	power plant shall create a presumption of public need and
1149	necessity and shall serve as the commission's report. An order
1150	entered pursuant to this section constitutes final agency action
1151	and is not subject to review under chapter 120, Florida
1152	Statutes. A petition for reconsideration of a final order on a
1153	petition for need determination shall be filed within 5 days
1154	after the date of such order. Within 30 days after the
1155	commission order or a decision denying a request for
1156	reconsideration or, if the request for reconsideration is
1157	granted, within 30 days after the commission issues its decision
1158	on reconsideration, an adversely affected party may petition for
1159	judicial review in the Florida Supreme Court. The petition for
1160	review shall be served upon the executive director of the
1161	commission personally or by service at the office of the
1162	commission. Review on appeal shall be based solely on the record
1163	before the commission and briefs to the court and shall be
1164	limited to determining whether the order issued pursuant to
1165	subsection (2), or the order on reconsideration, conforms to the
1166	constitution and laws of this state and the United States and is
1167	within the authority of the commission under this section.
1168	Inasmuch as delay in the determination of need will delay siting
1169	of a nuclear power plant or diminish the opportunity for savings
1170	to customers under the federal Energy Policy Act of 2005, the
1171	Supreme Court shall proceed to hear and determine the action as
1172	expeditiously as practicable and give the action precedence over
1173	matters not accorded similar precedence by law.
1174	(5)  After a petition for determination of need has been
1175	granted, the right of a utility to recover any costs incurred
1176	prior to commercial operation, including, but not limited to
1177	costs associated with the siting, design, licensing, or
1178	construction of the plant, shall not be subject to challenge
1179	unless and only to the extent the commission finds, based on
1180	clear and convincing evidence adduced at a hearing initiated by
1181	the commission under s. 120.57, Florida Statutes, that the
1182	utility was imprudent in incurring costs significantly in excess
1183	of the initial, nonbinding estimate provided by the utility
1184	pursuant to this act. Proceeding with the construction of the
1185	nuclear power plant following an order by the commission
1186	approving the need for the nuclear power plant under this act
1187	shall not constitute or be evidence of imprudence. Imprudence
1188	also shall not include any cost increases due to events beyond
1189	the utility's control, including, but not limited to:
1190	(a)  Delays in obtaining necessary governmental agency
1191	permits or licenses.
1192	(b)  Delays due to litigation.
1193	(c)  Increases in equipment, engineering, material, or
1194	construction costs.
1195	(d)  Increases in costs due to inflation or other economic
1196	factors.
1197	(e)  Increases in costs due to laws, regulations, or
1198	regulatory conditions imposed by a state or federal governmental
1199	agency or court following the issuance of a need determination
1200	order by the commission.
1201
1202	Further, a utility's right to recover costs associated with a
1203	nuclear power plant may not be raised in any other forum or in
1204	the review of proceedings in such other forum. Appeals shall be
1205	governed in accordance with subsection (4). Costs incurred prior
1206	to commercial operation shall be recovered pursuant to chapter
1207	366, Florida Statutes.
1208	Section 25.  This act shall take effect upon becoming law.

CODING: Words stricken are deletions; words underlined are additions.