HB 1471

CS

CHAMBER ACTION

1	The Utilities & Telecommunications Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to energy diversity and efficiency;
8	providing a short title; providing purpose; providing
9	definitions; providing requirements for the authorization,
10	certification, and siting of nuclear power plants;
11	providing for a Nuclear Power Plant Siting Board;
12	enumerating the related powers and duties of the
13	Department of Environmental Protection, including
14	rulemaking authority; requiring certain application,
15	certification, and licensure of nuclear power plants;
16	specifying applicability to certain nuclear power plants;
17	providing for distribution of certain applications and
18	schedules; directing the Division of Administrative
19	Hearings to appoint an administrative judge to conduct
20	certain hearings; providing for the determination of
21	application and amendment completeness; requiring a review
22	of land use and zoning consistency; requiring affected
23	agencies to submit certain reports; providing requirements
24	and procedures with respect thereto; requiring public
25	notice of department recommendation and petition for
26	certification hearings; providing for land use and
27	certification hearings; providing requirements and
28	procedures with respect thereto; authorizing the board to
29	have final disposition on certification applications;
30	providing that this act supersedes certain laws and
31	regulations; providing for effect of certification;
32	requiring certain public notice; providing responsibility
33	for certain costs; providing for revocation or suspension
34	of certification; providing for appeal and review of
35	proceedings under the act; providing for compliance
36	enforcement; requiring the department to make certain
37	information relating to power plant siting available to
38	the public; providing requirements and procedures for
39	modification of certification; providing for supplemental
40	applications for sites certified for ultimate site
41	capacity; requiring certain fees; providing for deposit
42	into the Florida Permit Fee Trust Fund and subsequent
43	distribution; requiring the Public Service Commission to
44	hold hearings on determination of need; providing
45	requirements and procedures with respect thereto; creating
46	s. 366.93, F.S.; providing definitions; requiring the
47	Public Service Commission to implement rules related to
48	nuclear power plant cost recovery; requiring a report;
49	providing an effective date.
50
51	WHEREAS, the extraordinary and unprecedented global
52	increases in the cost of fuel oil and natural gas, coupled with
53	the state's rapidly growing population and increasing demands
54	for electric energy, have brought into sharp focus the need to
55	enhance fuel diversity, and
56	WHEREAS, the world growth in demand for fuel oil and
57	natural gas may continue to have further impact on the cost and
58	supply of these resources, and
59	WHEREAS, the impact of Hurricane Katrina on supplies of
60	natural gas and fuel oil further substantiates the need to alter
61	the balance of fuel diversity in connection with the generation
62	of electricity in the state, and
63	WHEREAS, the federal Energy Policy Act of 2005 encourages
64	the siting and operation of new nuclear generation by providing
65	tax and other incentives to reduce the costs of such plants, and
66	WHEREAS, significant federally funded benefits and
67	incentives available under the federal Energy Policy Act of 2005
68	are available to only the first 6,000 megawatts of new advanced
69	nuclear reactor generating capacity licensed in the United
70	States, and
71	WHEREAS, operation of new nuclear power generation within
72	the state, particularly if such generation is eligible for the
73	tax and other incentives available under the federal Energy
74	Policy Act of 2005, will benefit the state's electric customers,
75	and
76	WHEREAS, existing provisions of the Florida Electrical
77	Power Plant Siting Act are inadequate to address the unique
78	issues of siting nuclear power generation within the state and
79	securing benefits under the federal Energy Policy Act of 2005,
80	NOW, THEREFORE,
81
82	Be It Enacted by the Legislature of the State of Florida:
83
84	Section 1.  Short title.--This act may be cited as the
85	"Florida Energy Diversity and Efficiency Act."
86	Section 2.  Purpose.--The Legislature finds that the state,
87	its residents, and its economy benefit from diverse sources of
88	fuel for the generation of electricity. Diversity of fuel
89	sources contributes to lower cost electricity and improved
90	reliability of electric supply, as the state will not be
91	dependent upon a particular source of fuel. Nuclear power plants
92	are important sources of electric generation that contribute to
93	the diversity of fuel sources within the state. The state has
94	five operating nuclear power plants that have operated reliably
95	for the benefit of the state, and contributed a stable supply of
96	electricity, with minimal impacts on the state's environment.
97	The citizens of the state and electric power consumers have
98	benefited from the operation of existing nuclear power plants
99	within the state through low-cost and reliable energy
100	production, electric grid reliability, and economic and
101	environmental benefits. The Legislature further finds and
102	declares it is in the public interest and critical to the
103	health, prosperity, and general welfare of the state and its
104	citizens to promote the expansion of nuclear generation by the
105	siting of new nuclear power plants within the state so as to
106	continue these benefits and further ensure the state's access to
107	safe, reliable, efficient, and affordable electric service,
108	thereby enhancing the state's economic future while protecting
109	the environment. Recent events have shown the state's
110	vulnerability to disruptions and price volatility in its
111	electric supplies from the importation of natural gas and fuel
112	oil from domestic and foreign sources. The federal Energy Policy
113	Act of 2005 contains important provisions to promote the
114	construction and operation of new nuclear power plants in the
115	United States, including financial incentives for qualifying
116	advanced nuclear power plants and incentives that are limited to
117	the first 6,000 megawatts of advanced nuclear power plant
118	generating capacity licensed in the United States. The state
119	would benefit from timely siting of a qualifying advanced
120	nuclear power plant as a source of low-cost electricity. In
121	consideration of the present and predicted growth in electric
122	power needs in this state, and the potential for additional
123	reliable sources of electricity from nuclear power plants, the
124	Legislature finds that there is a need to develop a procedure
125	for the selection and utilization of sites for electrical
126	generating facilities utilizing nuclear energy and for the
127	identification of a state position with respect to each proposed
128	site and nuclear power plant. The Legislature recognizes that
129	the selection of sites for new or expanded nuclear-powered
130	electrical generating plants, including any associated linear
131	facilities, will have a significant impact upon the welfare of
132	the population, the location and growth of industry, and the use
133	of the natural resources of the state. The Legislature finds
134	that the efficiency of the permit application and review process
135	at both the state and local level would be improved with the
136	implementation of a process in which a permit application for
137	nuclear power plants would be centrally coordinated and all
138	permit decisions could be reviewed on the basis of adopted
139	standards and recommendations of the deciding agencies. A
140	centrally coordinated permitting process would also enhance the
141	state's ability to become the location of a qualifying advanced
142	nuclear power plant. Nuclear power plants may also be the
143	location of or otherwise promote other public benefits for water
144	supply projects, industrial development, or other activities.
145	Legislation that addresses issues unique to the siting of
146	nuclear power plants is required to encourage electric utilities
147	to site and operate new nuclear power plant facilities within
148	the state and to take advantage of provisions of the federal
149	Energy Policy Act of 2005 that operate to reduce the overall
150	costs of such plants. The state shall promote and approve new
151	nuclear-powered electrical generating facilities that will
152	reasonably balance the increasing demands for reliable, cost-
153	effective electric power and decisions about electrical power
154	plant location, construction, and operation with the broad
155	interests of the public.
156	Section 3.  Definitions.--As used in this act:
157	(1)  "Act" means the Florida Energy Diversity and
158	Efficiency Act.
159	(2)  "Agency," as the context requires, means an official,
160	officer, commission, authority, council, committee, department,
161	division, bureau, board, section, or other unit or entity of
162	government, including a regional or local governmental entity.
163	(3)  "Amendment" means a change in the information provided
164	by the applicant to the application for certification made after
165	the initial application filing.
166	(4)  "Applicant" means any electric utility as defined
167	under s. 366.8255(1)(a), Florida Statutes, city, town, county,
168	public utility district, electric cooperative, or joint
169	operating agency, or combination thereof, authorized under
170	Florida law to engage in the business of generating,
171	transmitting, or distributing electric energy to retail electric
172	customers in the state.
173	(5)  "Application" means the documents required by the
174	department to be filed to initiate a certification proceeding
175	and shall include the documents necessary for the department to
176	render a decision on any permit required pursuant to any
177	federally delegated or approved permit program.
178	(6)  "Associated facility" means any facility that directly
179	supports the construction and operation of the nuclear power
180	plant, including, but not limited to, any substation,
181	transmission line that connects the electrical power plant to an
182	electrical transmission network, and right-of-way to which the
183	applicant intends to connect.
184	(7)  "Associated transmission line" means any new or
185	upgraded transmission line that is owned by the applicant and
186	connects the electrical power plant to a electrical transmission
187	network or right-of-way to which the applicant intends to
188	connect, including, at the applicant's option, any proposed
189	terminal or intermediate substation, substation expansion
190	connected to the associated transmission line to be certified,
191	or new transmission line, upgrade, or improvement of an existing
192	transmission line that is owned by the applicant on any portion
193	of the state's electrical transmission system necessary to
194	support the generation injected into the system from the
195	proposed nuclear power plant.
196	(8)  "Board" means the Governor and Cabinet sitting as the
197	Nuclear Power Plant Siting Board.
198	(9)  "Certification" means the written order of the board
199	approving an application in whole or with such changes or
200	conditions as the board may deem appropriate.
201	(10)  "Completeness" means that the application has
202	addressed all applicable sections of the prescribed application
203	format and that those sections are sufficient in
204	comprehensiveness of data or in quality of information provided
205	to allow the department to determine whether the application
206	provides the reviewing agencies adequate information to prepare
207	the reports required by this act.
208	(11)  "Corridor" means the proposed area within which an
209	associated linear facility right-of-way is to be located. The
210	width of the corridor proposed for certification as an
211	associated facility, at the option of the applicant, may be the
212	width of the right-of-way or a wider boundary, not to exceed a
213	width of 1 mile, within which the right-of-way will be located.
214	The area within the corridor in which a right-of-way may be
215	located may be further restricted by a condition of
216	certification. After all property interests required for the
217	right-of-way have been acquired by the applicant, the boundaries
218	of the area certified shall narrow to only that land within the
219	boundaries of the right-of-way.
220	(12)  "Department" means the Department of Environmental
221	Protection.
222	(13)  "Designated administrative law judge" means the
223	administrative law judge assigned by the Division of
224	Administrative Hearings pursuant to chapter 120, Florida
225	Statutes, to conduct the hearings required by this act.
226	(14)  "Federally delegated or approved permit program"
227	means any environmental regulatory program approved by an agency
228	of the Federal Government so as to authorize the department to
229	administer and issue licenses pursuant to federal law,
230	including, but not limited to, new source review permits,
231	operation permits for major sources of air pollution, and
232	prevention of significant deterioration permits under the Clean
233	Air Act (42 U.S.C. ss. 7401 et seq.), permits under ss. 402 and
234	404 of the Clean Water Act (33 U.S.C. ss. 1251 et seq.), and
235	permits under the Resource Conservation and Recovery Act (42
236	U.S.C. ss. 6901 et seq.).
237	(15)  "License" means a franchise, permit, certification,
238	registration, charter, comprehensive plan amendment, development
239	order, or permit as defined in chapters 163 and 380, Florida
240	Statutes, or similar form of authorization required by law,
241	including permits issued under federally delegated or approved
242	permit programs, but it does not include a license required
243	primarily for revenue purposes when issuance of the license is a
244	ministerial act.
245	(16)  "Local government" means a municipality or county in
246	the jurisdiction of which the nuclear power generating facility
247	is proposed to be located, unless the term is expressly stated
248	to also include the local governments in the jurisdiction of
249	which associated facilities or associated transmission lines are
250	located.
251	(17)  "Modification" means any change in the certification
252	order after issuance, including a change in the conditions of
253	certification.
254	(18)  "Nonprocedural requirements of agencies" means any
255	agency's regulatory requirements established by statute, rule,
256	ordinance, or comprehensive plan, excluding any provisions
257	prescribing forms, fees, procedures, or time limits for the
258	review or processing of information submitted to demonstrate
259	compliance with such regulatory requirements.
260	(19)  "Notice of intent" means that notice which is filed
261	with the department on behalf of an applicant prior to
262	submission of an application pursuant to this act and which
263	notifies the department of an intent to file an application.
264	(20)  "Nuclear power generating facility" means the
265	nuclear-fueled electrical generating facility within a nuclear
266	power plant but, for purposes of this act, excludes any
267	associated facility or associated transmission line.
268	(21)  "Nuclear power plant" means, for the purpose of
269	certification, any electrical generating facility using any
270	process involving nuclear materials, fuels, or processes and, at
271	the applicant's election, includes associated facilities and
272	associated transmission lines.
273	(22)  "Preliminary statement of issues" means a listing and
274	explanation of those issues within the agency's jurisdiction
275	which are of major concern to the agency in relation to the
276	proposed nuclear power plant.
277	(23)  "Public Service Commission" or "commission" means the
278	agency created pursuant to chapter 350, Florida Statutes.
279	(24)  "Regional planning council" means a regional planning
280	council as defined in s. 186.503(4), Florida Statutes, in the
281	jurisdiction of which the nuclear power generating facility is
282	proposed to be located.
283	(25)  "Right-of-way" means land necessary for the
284	construction and maintenance of an associated linear facility,
285	such as a railroad line, pipeline, or transmission line,
286	including associated facilities and associated transmission
287	lines. The typical width of the right-of-way shall be identified
288	in the application. The right-of-way shall be located within the
289	certified corridor and shall be identified by the applicant
290	subsequent to certification in documents filed with the
291	department prior to construction.
292	(26)  "Site" means any proposed location wherein a nuclear
293	power generating facility, or a nuclear power generating
294	facility alteration or addition resulting in an increase in
295	generating capacity, will be located within state jurisdiction.
296	The site may include appropriate buffers and may accommodate
297	facilities constructed by the applicant or an agency to further
298	an objective of an adopted water management district water
299	supply plan. For purposes of this act, the term "site" does not
300	include any associated facilities or associated transmission
301	lines.
302	(27)  "Site certification" means the final order issued by
303	the board approving with any conditions or modifications a
304	proposed nuclear power plant.
305	(28)  "State comprehensive plan" means that plan set forth
306	in chapter 187, Florida Statutes.
307	(29)  "Water management district" means a water management
308	district, created pursuant to chapter 373, Florida Statutes, in
309	the jurisdiction of which the nuclear power plant is proposed to
310	be located.
311	Section 4.  Department of Environmental Protection; powers
312	and duties enumerated.--The department shall have the following
313	powers and duties in relation to this act:
314	(1)  To adopt rules within 6 months of the effective date
315	of this act pursuant to ss. 120.536(1) and 120.54, Florida
316	Statutes, to implement the provisions of this act.
317	(2)  To prescribe the form and content of the public
318	notices and the notice of intent and the form, content, and
319	necessary supporting documentation and studies to be prepared by
320	the applicant for nuclear power plant site certification
321	applications. The department shall utilize any existing site
322	certification application forms and instructions adopted
323	pursuant to the Florida Electrical Power Plant Siting Act, ss.
324	403.501-403.518, Florida Statutes, until such new forms are
325	adopted by the department.
326	(3)  To receive applications for nuclear power plant site
327	certifications and to determine the completeness thereof.
328	(4)  To make, or contract for, studies of nuclear power
329	plant site certification applications.
330	(5)  To administer the processing of applications for
331	nuclear power plant site certifications and to ensure that the
332	applications are processed as expeditiously as possible.
333	(6)  To require such fees as allowed by this act.
334	(7)  To conduct studies and prepare a written analysis.
335	(8)  To prescribe the means for monitoring continued
336	compliance with terms of the certification.
337	(9)  To notify all affected agencies of the filing of a
338	notice of intent within 15 days after receipt of the notice.
339	(10)  To issue, with the nuclear power plant certification,
340	any license required pursuant to any federally delegated or
341	approved permit program.
342	Section 5.  Applicability and certification.--
343	(1)  The provisions of this act shall apply exclusively to
344	any nuclear power plant as defined in this act and to any
345	expansion in steam-generating capacity of any existing nuclear
346	power plant. No construction of any new nuclear power plant or
347	expansion in steam-generating capacity of any existing nuclear
348	power plant may be undertaken after the effective date of this
349	act without first obtaining certification as provided in this
350	act. Except as otherwise provided in this subsection, this act
351	shall not apply to any such nuclear power plant that is
352	presently operating or that has, upon the effective date of this
353	act, applied for a permit or certification under requirements in
354	force prior to the effective date of such act.
355	(2)  Except as provided in the certification, modification
356	of nuclear fuels, internal-related hardware, or operating
357	conditions not in conflict with certification, which increase
358	the electrical output of a unit to no greater capacity than the
359	maximum operating capacity of the existing electrical generator,
360	shall not constitute an alteration or addition to generating
361	capacity which requires certification pursuant to this act.
362	(3)  The application for any related department license
363	which is required pursuant to any federally delegated or
364	approved permit program shall be processed within the time
365	periods allowed by this act, in lieu of those specified in s.
366	120.60, Florida Statutes.
367	Section 6.  Distribution of application; schedules.--
368	(1)  Within 7 days after the filing of an application, the
369	department shall provide to the applicant and the Division of
370	Administrative Hearings the names and addresses of those
371	affected or other agencies entitled to notice and copies of the
372	application and any amendments.
373	(2)  Within 7 days after the filing of an application, the
374	department shall prepare a schedule of dates for submission of
375	statements of issues, determination of completeness, and
376	submittal of final reports from affected and other agencies,
377	petition for a certification hearing, and other significant
378	dates to be followed during the certification process, including
379	dates for filing notices of appearance to be a party pursuant to
380	section 12(3)(c). The schedule shall establish the date for
381	conduct of any certification hearing as provided for in this
382	act. This schedule shall be timely provided by the department to
383	the applicant, the administrative law judge, all agencies
384	identified pursuant to subsection (1), and all parties.
385	(3)  Within 7 days after the department issues the names
386	and addresses of those affected or other agencies entitled to
387	notice and copies of the application and any amendments, the
388	applicant shall distribute copies of the application to all
389	agencies identified by the department. Copies of changes and
390	amendments to the application shall be timely distributed by the
391	applicant to all affected agencies and parties.
392	Section 7.  Appointment of administrative law
393	judge.--Within 7 days after receipt of an application, the
394	department shall request the Division of Administrative Hearings
395	to designate an administrative law judge to conduct the hearings
396	required by this act. The division director shall designate an
397	administrative law judge within 7 days after receipt of the
398	request from the department.
399	Section 8.  Determination of completeness.--
400	(1)  Within 45 days after the distribution of the
401	application or amendment to a pending application, the
402	department shall file a statement with the Division of
403	Administrative Hearings and with the applicant declaring its
404	position with regard to the completeness of the application or
405	amendment. The department's statement shall be based upon
406	consultation with the affected agencies, which shall submit to
407	the department recommendations on the completeness of the
408	application within 30 days after distribution of the
409	application.
410	(2)  If the department declares the application or
411	amendment incomplete, the applicant may withdraw the application
412	or amendment. If the applicant declines to withdraw the
413	application or amendment, the applicant may, at its option:
414	(a)  Within 40 days after the department filed its
415	statement of incompleteness or such later date as authorized by
416	department rules, file additional information necessary to make
417	the application or amendment complete. If the applicant makes
418	its application or amendment complete within this time period,
419	the time schedules under this act shall not be tolled by the
420	department's statement of incompleteness.
421	(b)  Advise the department and the administrative law judge
422	that the information necessary to make the application or
423	amendment complete cannot be supplied within the time period
424	authorized in paragraph (a). The time schedules under this act
425	shall be tolled from the date of the notice of incompleteness
426	until the application or amendment is determined complete.
427	(c)  Contest the statement of incompleteness by filing a
428	request for a hearing with the administrative law judge within
429	15 days after the filing of the statement of incompleteness. If
430	a hearing is requested by the applicant, all time schedules
431	under this act shall be tolled as of the department's statement
432	of incompleteness, pending the administrative law judge's
433	decision concerning the dispute. A hearing shall be held no
434	later than 21 days after the filing of the statement by the
435	department, and a final decision shall be rendered by the
436	administrative law judge within 10 days after the hearing.
437	(3)(a)  If the administrative law judge determines,
438	contrary to the department, that an application or amendment is
439	complete, all time schedules under this act shall resume as of
440	the date of the administrative law judge's determination.
441	(b)  If the administrative law judge agrees that the
442	application is incomplete, all time schedules under this act
443	shall remain tolled until the applicant files additional
444	information and the application or amendment is determined
445	complete by the department or the administrative law judge.
446	(4)  If, within 30 days after receipt of the additional
447	information submitted pursuant to paragraph (2)(a), paragraph
448	(2)(b), or paragraph (3)(b), based upon the recommendations of
449	the affected agencies, the department determines that the
450	additional information supplied by an applicant does not render
451	the application or amendment complete, the applicant may
452	exercise any of the options specified in subsection (2) as often
453	as may be necessary to resolve the dispute.
454	Section 9.  Land use and zoning consistency.--
455	(1)  The applicant shall include in the application a
456	statement on the consistency of the site or any directly
457	associated facilities with existing land use plans and zoning
458	ordinances which were in effect on the date the application was
459	filed, and a full description of such consistency.
460	(2)  Within 80 days after the filing of the application,
461	each local government shall file a determination with the
462	department, applicant, administrative law judge, and all parties
463	on the consistency of the site or any directly associated
464	facilities with existing land use plans and zoning ordinances
465	which were in effect on the date the application was filed,
466	based on the information provided in the application. The
467	applicant shall publish notice of the consistency determination
468	in accordance with the requirements of section 17(1)(b).
469	(3)  If any substantially affected person wishes to dispute
470	the local government's determination, he or she shall file a
471	petition with the department within 15 days after the
472	publication of notice of the local government's determination.
473	If a hearing is requested, the provisions of s. 403.508(1),
474	Florida Statutes, shall apply.
475	(4)  The dates in this section may be altered upon
476	agreement between the applicant, the local government, and the
477	department pursuant to s. 403.5095, Florida Statutes.
478	(5)  If it is determined by the local government that the
479	proposed site or directly associated facility conforms with
480	existing land use plans and zoning ordinances in effect as of
481	the date of the application and no petition has been filed, the
482	responsible zoning or planning authority shall not thereafter
483	change such land use plans or zoning ordinances so as to
484	foreclose construction and operation of the proposed site or
485	directly associated facilities unless certification is
486	subsequently denied or withdrawn.
487	Section 10.  Preliminary statements of issues, reports, and
488	studies.--
489	(1)  Each affected agency identified in paragraph (2)(a)
490	shall submit a preliminary statement of issues to the department
491	and the applicant no later than 45 days after the distribution
492	of the application. The failure to raise an issue in this
493	statement shall not preclude the issue from being raised in the
494	agency's report.
495	(2)(a)  The following agencies shall prepare reports as
496	provided below and shall submit them to the department and the
497	applicant within 60 days after the application is determined
498	complete:
499	1.  The Department of Community Affairs shall prepare a
500	report containing recommendations which address the impact upon
501	the public of the proposed nuclear power plant, based on the
502	degree to which the nuclear power plant is consistent with the
503	applicable portions of the state comprehensive plan and other
504	such matters within its jurisdiction.
505	2.  The Public Service Commission shall prepare a report as
506	to the present and future need for the electrical generating
507	capacity to be supplied by the proposed nuclear power plant. The
508	report shall include the commission's determination pursuant to
509	section 25(4) and may include the commission's comments with
510	respect to any other matters within its jurisdiction.
511	3.  The water management district shall prepare a report as
512	to matters within its regulatory jurisdiction.
513	4.  Each local government in whose jurisdiction the
514	proposed nuclear power plant, including associated facilities
515	and associated transmission lines, is to be located shall
516	prepare a report as to the consistency of the proposed nuclear
517	power plant with all applicable local ordinances, regulations,
518	standards, or criteria that apply to the proposed nuclear power
519	plant, including adopted local comprehensive plans, land
520	development regulations, and any applicable local environmental
521	regulations adopted pursuant to s. 403.182, Florida Statutes, or
522	by other means. Each local government in which the nuclear power
523	generating facility is to be located shall also report on
524	whether the proposed site for a nuclear power generating
525	facility is located in a future land use category and a zoning
526	district, as adopted by the local government and which were in
527	effect on the date upon which the application was filed, which
528	permits the location of a nuclear power generating facility. If
529	the proposed site for a nuclear power generating facility is not
530	located in a future land use category or zoning district which
531	allows such use, then the local government shall identify the
532	future land use category or zoning district which would be
533	required to allow the proposed nuclear power generating facility
534	on the proposed site. If the proposed site for a nuclear power
535	generating facility is not located in a future land use category
536	or zoning district which allows such use, the local government
537	shall identify in its report any reasonable and available
538	methods which the local government believes are necessary to
539	make the proposed use of the site for a nuclear power generating
540	facility consistent with the local comprehensive plan future
541	land use category, in compliance with the local zoning code or
542	compatible with the existing land uses surrounding the proposed
543	nuclear power generating facility site.
544	5.  The Fish and Wildlife Conservation Commission shall
545	prepare a report as to matters within its jurisdiction.
546	6.  The regional planning council shall prepare a report
547	containing recommendations that address the impact upon the
548	public of the proposed nuclear power plant, as identified under
549	the applicable provisions of the strategic regional policy plan
550	adopted pursuant to chapter 186, Florida Statutes.
551	7.  The Department of Health shall prepare a report as to
552	matters within its jurisdiction.
553	8.  The Department of Transportation shall prepare a report
554	as to the impact of the proposed nuclear power plant and
555	associated linear facilities on roads, railroads, airports,
556	aeronautics, seaports, and other matters within its
557	jurisdiction.
558	9.  Any other agency, if requested by the department and
559	upon approval of the assigned administrative law judge, shall
560	also perform studies or prepare reports as to matters within
561	that agency's jurisdiction which may be directly affected by the
562	proposed nuclear power plant.
563	(b)  Each report described in this subsection shall contain
564	all information on variances, exemptions, exceptions, or other
565	relief which may be required and any proposed conditions of
566	certification on matters within the jurisdiction of such agency.
567	For each condition proposed by an agency in its report, the
568	agency shall list the specific statute, rule, or ordinance which
569	authorizes the proposed condition. No condition of certification
570	may be imposed upon a nuclear power plant project that is not
571	directly required to ensure compliance with a specific statute,
572	rule, or ordinance of an agency or the criteria set forth in
573	this act.
574	(c)  The agencies shall initiate the activities required by
575	this section no later than 30 days after the complete
576	application is distributed.
577	(3)  The department shall prepare a written analysis, which
578	shall be filed with the designated administrative law judge and
579	served on all parties no later than 85 days after the
580	application is found complete, but no later than 60 days prior
581	to the scheduled date for the certification hearing if a
582	petition for hearing were filed, and which shall include:
583	(a)  A statement indicating whether the proposed nuclear
584	power plant and proposed ultimate site capacity will be in
585	compliance with the rules of the department and in compliance
586	with a specific statute, rule, or ordinance of an agency
587	identified in that agency's report.
588	(b)  Copies of the studies and reports required by this
589	act.
590	(c)  The comments received by the department from any other
591	agency or person.
592	(d)  The recommendation of the department as to the
593	disposition of the application, variances, exemptions,
594	exceptions, or other relief identified by any party, and of any
595	proposed conditions of certification which the department
596	believes should be imposed, including any conditions proposed by
597	an agency which the department believes should be imposed in any
598	final certification.
599	(e)  The recommendation of the department regarding the
600	issuance of any license required pursuant to a federally
601	delegated or approved permit program.
602	(4)  Except when good cause is shown, the failure of any
603	agency to submit a preliminary statement of issues or a report,
604	or to submit its preliminary statement of issues or report
605	within the allowed time, shall not be grounds for the alteration
606	of any time limitation in this act. Neither the failure to
607	submit a preliminary statement of issues or a report nor the
608	inadequacy of the preliminary statement of issues or report
609	shall be grounds to deny or condition certification.
610	Section 11.  Notice of department recommendation, petition
611	for certification hearing.--
612	(1)  The department and the applicant shall publish a
613	public notice as provided for in this section, announcing the
614	issuance of the department's recommendation on the application
615	for site certification. The notice shall be published in the
616	newspaper or newspapers in the jurisdictions where the proposed
617	nuclear power plant and any associated facility are proposed to
618	be located. The notice shall inform the public of the issuance
619	of the department's report, the conclusion reached in that
620	report, and the locations where the department's report and the
621	application are available for public inspection.
622	(2)  Within 14 days after its receipt of the department's
623	recommendation or within 14 days after the newspaper notice of
624	the department's recommendation, whichever occurs first, any
625	party or any person whose substantial interests may be affected
626	by the proposed nuclear power plant may file with the department
627	a petition for a site certification hearing. The petition shall
628	identify the person filing the petition, identify the
629	substantial interests alleged to be affected, and identify with
630	specificity those issues which the person alleges require the
631	conduct of a certification hearing on the proposed nuclear power
632	plant.
633	(3)  Failure to timely file a petition for a certification
634	hearing shall result in the department's recommendation becoming
635	final and no longer subject to challenge or reversal in any
636	proceeding, including proceedings before the board. Only those
637	conditions contained in the department's recommendation may be
638	imposed upon the proposed nuclear power plant.
639	Section 12.  Land use and certification hearings, parties,
640	participants.--
641	(1)(a)  If a petition for a hearing on land use has been
642	filed pursuant to section 9(3), the designated administrative
643	law judge shall conduct a land use hearing in the county of the
644	proposed site or directly associated facility, as applicable, as
645	expeditiously as possible, but not later than 30 days after the
646	department's receipt of the petition. The place of such hearing
647	shall be as close as possible to the proposed site or directly
648	associated facility. If a petition is filed, the hearing shall
649	be held regardless of the status of the completeness of the
650	application. However, incompleteness of information necessary
651	for a local government to evaluate an application may be claimed
652	by the local government as cause for a statement of
653	inconsistency with existing land use plans and zoning ordinances
654	under the Florida Electrical Power Plant Siting Act.
655	(b)  Notice of the land use hearing shall be published in
656	accordance with the requirements of section 17.
657	(c)  The sole issue for determination at the land use
658	hearing shall be whether or not the proposed site is consistent
659	and in compliance with existing land use plans and zoning
660	ordinances. If the administrative law judge concludes that the
661	proposed site is not consistent or in compliance with existing
662	land use plans and zoning ordinances, the administrative law
663	judge shall receive at the hearing evidence on, and address in
664	the recommended order any changes to or approvals or variances
665	of, the applicable land use plans or zoning ordinances which
666	will render the proposed site consistent and in compliance with
667	the local land use plans and zoning ordinances.
668	(d)  The designated administrative law judge's recommended
669	order shall be issued within 30 days after completion of the
670	hearing and shall be reviewed by the board within 60 days after
671	receipt of the recommended order by the board.
672	(e)  If it is determined by the board that the proposed
673	site does conform with existing land use plans and zoning
674	ordinances in effect as of the date of the application, or as
675	otherwise provided by this act the responsible zoning or
676	planning authority shall not thereafter change such land use
677	plans or zoning ordinances so as to foreclose construction and
678	operation of the proposed power plant on the proposed site or
679	directly associated facilities unless certification is
680	subsequently denied or withdrawn.
681	(f)  If it is determined by the board that the proposed
682	site does not conform with existing land use plans and zoning
683	ordinances, the board may, if it determines after notice and
684	hearing and upon consideration of the recommended order on land
685	use and zoning issues that it is in the public interest to
686	authorize the use of the land as a site for an electrical power
687	plant, authorize an amendment to, or a rezoning, variance, or
688	other approval of, the adopted land use plan and zoning
689	ordinances required to render the proposed site consistent with
690	local land use plans and zoning ordinances. The board's action
691	shall not be controlled by any other procedural requirements of
692	law. In the event a variance or other approval is denied by the
693	board, it shall be the responsibility of the applicant to make
694	the necessary application to the applicable local government for
695	any approvals determined by the board as required to make the
696	proposed site consistent and in compliance with local land use
697	plans and zoning ordinances. No further action may be taken on
698	the complete application until the proposed site conforms to the
699	adopted land use plan or zoning ordinances or the board grants
700	relief as provided under this act.
701	(2)  If any party or person whose substantial interests are
702	affected files a petition for a certification hearing within 14
703	days after publication of notice of the department's notice of
704	its recommendation on the application for site certification, a
705	certification hearing shall be held by the designated
706	administrative law judge no later than 260 days from the date
707	the application is filed with the department. However, an
708	affirmative determination of need by the Public Service
709	Commission pursuant to this act shall be a condition precedent
710	to the conduct of the certification hearing. If a timely
711	petition for a certification hearing is filed, the certification
712	hearing shall be held at a location in proximity to the proposed
713	site. The certification hearing shall also constitute the sole
714	hearing allowed by chapter 120, Florida Statutes, to determine
715	the substantial interest of a party regarding any required
716	agency license or any related permit required pursuant to any
717	federally delegated or approved permit program. At the
718	conclusion of the certification hearing, the designated
719	administrative law judge shall, after consideration of all
720	evidence of record, submit to the board a recommended order no
721	later than 60 days after the date of the filing of the hearing
722	transcript. In the event the administrative law judge fails to
723	issue a recommended order within 60 days after the date of the
724	filing of the hearing transcript, the administrative law judge
725	shall submit a report to the board with a copy to all parties
726	within 60 days after the date of the filing of the hearing
727	transcript to advise the board of the reason for the delay in
728	the issuance of the recommended order and of the date by which
729	the recommended order will be issued.
730	(3)(a)  Parties to the proceeding shall include:
731	1.  The applicant.
732	2.  The Public Service Commission.
733	3.  The Department of Community Affairs.
734	4.  The Fish and Wildlife Conservation Commission.
735	5.  The Department of Transportation.
736	6.  The water management district.
737	7.  The department.
738	8.  The regional planning council.
739	9.  The local government.
740	(b)  Any party listed in paragraph (a) other than the
741	department or the applicant may waive its right to participate
742	in these proceedings. If such listed party fails to file a
743	notice of its intent to be a party on or before the 90th day
744	prior to the scheduled date for the certification hearing, such
745	party shall be deemed to have waived its right to be a party.
746	(c)  Upon the filing of a notice of intent to be a party
747	with the administrative law judge and no more than 21 days after
748	the date of publication of notice of filing of the application
749	for site certification, the following shall also be parties to
750	the proceeding:
751	1.  Any agency not listed in paragraph (a) as to matters
752	within its jurisdiction.
753	2.  Any domestic nonprofit corporation or association
754	formed, in whole or in part, to promote conservation or natural
755	beauty; protect the environment, personal health, or other
756	biological values; preserve historical sites; promote consumer
757	interests; represent labor, commercial, or industrial groups; or
758	promote comprehensive planning or orderly development of the
759	area in which the proposed nuclear power plant is to be located.
760	(d)  Notwithstanding paragraph (e), failure of an agency to
761	file a notice of intent to be a party within the time provided
762	in this section shall constitute a waiver of the right of the
763	agency to participate as a party in the proceeding.
764	(e)  Other parties may include any person, including those
765	persons enumerated in paragraph (c) who have failed to timely
766	file a notice of intent to be a party, whose substantial
767	interests are affected and being determined by the proceeding,
768	and who timely file a motion to intervene pursuant to chapter
769	120, Florida Statutes, and applicable rules. Late intervention
770	pursuant to this paragraph may be granted by the designated
771	administrative law judge upon a showing of good cause that
772	excuses such late intervention and upon such conditions as he or
773	she may prescribe any time prior to 30 days before the
774	commencement of the certification hearing.
775	(f)  Any agency, including those whose properties or works
776	are affected, shall be made a party upon the request of the
777	department or the applicant.
778	(4)  When appropriate, any person may be given an
779	opportunity to present oral or written communications to the
780	designated administrative law judge. If the designated
781	administrative law judge proposes to consider such
782	communications, then all parties shall be given an opportunity
783	to cross-examine, challenge, or rebut such communications.
784	(5)  The designated administrative law judge shall have all
785	powers and duties granted to administrative law judges by
786	chapter 120, Florida Statutes, this act, and the rules of the
787	department and the Administration Commission, including the
788	authority to resolve disputes over the completeness and
789	sufficiency of an application for certification.
790	Section 13.  Final disposition of application.--
791	(1)  Within 60 days after the date of the issuance of the
792	department's recommendation if no hearing is held, or within 60
793	days after the date of the receipt of the designated
794	administrative law judge's recommended order following a
795	certification hearing, the board shall act upon the application
796	by written order, approving certification or denying the
797	issuance of a certificate, in accordance with the criteria set
798	forth in this act, and stating the reasons for issuance or
799	denial. If no hearing has been held, the board shall enter a
800	final order approving the proposed nuclear power plant subject
801	only to the conditions of certification contained in the
802	department's recommendation.
803	(2)  Following the holding of a certification hearing, in
804	determining whether an application should be approved in whole,
805	approved with modifications or conditions, or denied, the board
806	shall consider whether, and the extent to which, the location,
807	construction, and operation of the proposed nuclear power plant
808	will:
809	(a)  Meet the electrical energy needs of the state in an
810	orderly and timely fashion, as determined by the Public Service
811	Commission.
812	(b)  Comply with nonprocedural requirements of agencies.
813	(c)  Be consistent with applicable local government
814	comprehensive plans and in compliance with applicable zoning
815	ordinances.
816	(d)  Effect a reasonable balance between the need for the
817	nuclear power plant as a means of providing abundant low-cost
818	electrical energy and the impact upon the public and the
819	environment resulting from the location, construction, and
820	operation of the proposed nuclear power plant.
821	(3)  Following the conduct of a certification hearing, if
822	the certificate is denied, the board shall set forth in writing
823	the actions the applicant would have to take to secure the
824	board's approval of the application.
825	(4)  The issues that may be raised in any hearing before
826	the board shall be limited to those matters raised in the
827	certification hearing before the administrative law judge or
828	raised in the recommended order. Only parties may appear before
829	the board and shall be subject to the provisions of s. 120.66,
830	Florida Statutes.
831	(5)  In regard to the properties and works of any agency
832	which is a party to the certification hearing, the board shall
833	have the authority to decide issues relating to the use, the
834	connection thereto, or the crossing thereof, for the nuclear
835	power plant and site and to direct any such agency to execute,
836	within 30 days after the entry of certification, the necessary
837	license or easement for such use, connection, or crossing,
838	subject only to the conditions set forth in such certification.
839	Section 14.  Alteration of time limits.--Any time
840	limitation in this act may be altered by the designated
841	administrative law judge upon stipulation between the department
842	and the applicant, unless objected to by any party within 5 days
843	after notice or for good cause shown by any party.
844	Section 15.  Superseded laws, regulations, and
845	certification power.--
846	(1)  If any provision of this act is in conflict with any
847	other provision, limitation, or restriction under any law, rule,
848	regulation, or ordinance of this state or any political
849	subdivision, municipality, or agency, this act shall govern and
850	control, and such law, rule, regulation, or ordinance shall be
851	deemed superseded for the purposes of this act.
852	(2)  The state hereby preempts the siting, regulation, and
853	certification of nuclear power plant sites and nuclear power
854	plants as defined in this act.
855	(3)  The board may adopt reasonable procedural rules
856	pursuant to ss. 120.536(1) and 120.54 to carry out its duties
857	under this act and to give effect to the legislative intent that
858	this act is to provide an efficient, simplified, centrally
859	coordinated, one-stop licensing process.
860	Section 16.  Effect of certification.--
861	(1)  Subject to the conditions set forth in the
862	certification, any certification signed by the Governor shall
863	constitute the sole license of the state and any agency as to
864	the approval of the site and the construction and operation of
865	the proposed nuclear power plant, except for the issuance of
866	department licenses required under any federally delegated or
867	approved permit program and except as otherwise provided in
868	subsection (4).
869	(2)(a)  The certification shall authorize the applicant
870	named in the certification to construct and operate the proposed
871	nuclear power plant, subject only to the conditions of
872	certification set forth in the certification, and except for the
873	issuance of department licenses or permits required under any
874	federally delegated or approved permit program.
875	(b)  Except as provided in subsection (4), the
876	certification may include conditions that constitute variances,
877	exemptions, or exceptions from nonprocedural requirements of the
878	department or any agency which were expressly considered during
879	the proceeding, including, but not limited to, any site specific
880	criteria, standards, or limitations under local land use or
881	zoning approvals which affect the proposed power plant or its
882	site unless waived by the agency as provided below and which
883	otherwise would be applicable to the construction and operation
884	of the proposed nuclear power plant. No variance, exemption,
885	exception, or other relief shall be granted from a state statute
886	or rule for the protection of endangered or threatened species,
887	aquatic preserves, and Outstanding National Resource Waters and
888	Outstanding Florida Waters, or for the disposal of hazardous
889	waste, except to the extent authorized by the applicable statute
890	or rule, or upon a finding by the board that certifying the
891	nuclear power plant at the site proposed by the applicant
892	overrides the public interest protected by the statute or rule
893	from which relief is sought. Each party shall notify the
894	applicant and other parties no more than 60 days after the
895	application is determined sufficient of any nonprocedural
896	requirements not specifically listed in the application from
897	which a variance, exemption, exception, or other relief is
898	necessary in order for the board to certify any nuclear power
899	plant proposed for certification. Failure of such notification
900	by an agency shall be treated as a waiver from nonprocedural
901	requirements of the department or any other agency. However, no
902	variance shall be granted from standards or regulations of the
903	department applicable under any federally delegated or approved
904	permit program, except as expressly allowed in such program.
905	(c)  To the extent any condition of certification imposed
906	pursuant to this act is inconsistent with or otherwise in
907	conflict with any requirement of federal law, regulation, or
908	license regulating construction and operation of a nuclear power
909	plant certified under this act, then such condition of
910	certification shall be automatically modified to conform to such
911	federal requirement or be superseded by such federal
912	requirement. The state shall not enforce compliance with any
913	such federal requirement under this act, except to the extent
914	the state is authorized to enforce such condition under federal
915	law.
916	(3)  The certification and any order on land use and zoning
917	issued under this act shall be in lieu of any license, permit,
918	certificate, or similar document required by any agency pursuant
919	to, but not limited to, chapter 125, chapter 161, chapter 163,
920	chapter 166, chapter 186, chapter 253, chapter 298, chapter 370,
921	chapter 373, chapter 376, chapter 380, chapter 381, chapter 387,
922	chapter 403, except for permits issued pursuant to s. 403.0885,
923	Florida Statutes, and except as provided in s. 403.509(3) and
924	(6), Florida Statutes, chapter 404, Florida Statutes, the
925	Florida Transportation Code, or 33 U.S.C. s. 1341.
926	(4)  This act shall not affect the right of any local
927	government to charge appropriate fees or require that
928	construction be in compliance with applicable building
929	construction codes, provided that in the event of a conflict
930	between requirements of local building construction codes and
931	federal requirements, such federal requirements shall supersede
932	local building construction codes.
933	(5)(a)  A nuclear power plant certified pursuant to this
934	act shall comply with rules adopted by the department subsequent
935	to the issuance of the certification which prescribe new or
936	stricter criteria, to the extent that the rules are applicable
937	to nuclear power plants. Except when express variances,
938	exceptions, exemptions, or other relief have been granted,
939	subsequently adopted rules which prescribe new or stricter
940	criteria shall operate as automatic modifications to
941	certifications. A holder of a certification issued under this
942	act may apply to the board for relief from such rules to the
943	extent relief is available to other electrical power plants in
944	the state. Any such relief shall be granted in the same manner
945	as provided for the granting of relief at the time of the
946	original certification, as provided for in this act.
947	(b)  Upon written notification to the department, any
948	holder of a certification issued pursuant to this act may choose
949	to operate the certified nuclear power plant in compliance with
950	any rule subsequently adopted by the department which prescribes
951	criteria more lenient than the criteria required by the terms
952	and conditions in the certification which are not site-specific.
953	(c)  No term or condition of certification shall be
954	interpreted to preclude the postcertification exercise by any
955	party of whatever procedural rights it may have under chapter
956	120, Florida Statutes, including those related to rulemaking
957	proceedings.
958	Section 17.  Notice; costs of proceeding.--
959	(1)  The following notices are to be published by the
960	applicant:
961	(a)  A notice of filing of the application, which shall be
962	published as specified in subsection (2) within 15 days after
963	the application has been determined complete. Such notice shall
964	give notice of the provisions of section 16(1) and (2).
965	(b)  Notice of the land use determination made pursuant to
966	section 9(1) within 15 days after the determination is filed.
967	(c)  Notice of the land use hearing, which shall be
968	published as specified in subsection (2), no later than 15 days
969	before the hearing.
970	(d)  Notice of issuance of the department's agency report
971	and recommendation, which shall be published as specified in
972	subsection (2) no later than 10 days after the report and
973	recommendation are issued by the department.
974	(e)  If a certification hearing is to be conducted, then
975	notice published as specified in subsection (2).
976	(f)  Notice of modification when required by the
977	department, based on whether the requested modification of
978	certification will significantly increase impacts to the
979	environment or the public. Such notice shall be published as
980	specified under subsection (2):
981	1.  Within 21 days after receipt of a request for
982	modification, except that the newspaper notice shall be of a
983	size as directed by the department commensurate with the scope
984	of the modification.
985	2.  If a hearing is to be conducted in response to the
986	request for modification, then notice shall be provided as
987	specified in paragraph (e).
988	(g)  Notice of a supplemental application, which shall be
989	published as follows:
990	1.  Notice of receipt of the supplemental application shall
991	be published as specified in paragraph (a).
992	2.  Notice of the certification hearing shall be published
993	as specified in paragraph (f).
994	(2)  Notices provided by the applicant shall be published
995	in newspapers of general circulation within the county or
996	counties in which the proposed nuclear power plant will be
997	located. The newspaper notices shall be at least one-half page
998	in size in a standard size newspaper or a full page in a tabloid
999	size newspaper and published in a section of the newspaper other
1000	than the legal notices section. These notices shall include a
1001	map generally depicting the project and all associated
1002	facilities corridors, including associated transmission lines,
1003	if any. A newspaper of general circulation shall be the
1004	newspaper which has the largest daily circulation in that county
1005	and has its principal office in that county. If the newspaper
1006	with the largest daily circulation has its principal office
1007	outside the county, the notices shall appear in both the
1008	newspaper having the largest circulation in that county and in a
1009	newspaper authorized to publish legal notices in that county.
1010	(3)  All notices published by the applicant shall be paid
1011	for by the applicant and shall be in addition to the application
1012	fee.
1013	(4)  The department shall:
1014	(a)  Publish in the manner specified in chapter 120,
1015	Florida Statutes, notices of the filing of the application or
1016	supplemental application; the land use determination and land
1017	use hearing, if one is to be held; the department's report and
1018	recommendation; the certification hearing, if one is to be held;
1019	the hearing before the board; and stipulations, proposed agency
1020	action, or petitions for modification.
1021	(b)  Provide copies of those notices to any persons who
1022	have requested to be placed on the departmental mailing list for
1023	the purposes provided in paragraph (a).
1024	(5)  The applicant shall pay those expenses and costs
1025	associated with the conduct of the hearings and the recording
1026	and transcription of the proceedings.
1027	Section 18.  Revocation or suspension of
1028	certification.--Any certification may be revoked or suspended:
1029	(1)  For any material false statement in the application or
1030	in the supplemental or additional statements of fact or studies
1031	required of the applicant when a true answer would have
1032	warranted the board's refusal to recommend a certification in
1033	the first instance.
1034	(2)  For failure to comply with the terms or conditions of
1035	the certification.
1036	(3)  For violation of the provisions of this act or rules
1037	or orders issued under this act.
1038	Section 19.  Review.--Proceedings under this act shall be
1039	subject to judicial review in the Florida Supreme Court.
1040	Separate appeals of the certification order issued by the board
1041	and of any department permit issued pursuant to a federally
1042	delegated or approved permit program shall be consolidated for
1043	purposes of judicial review. Review on appeal shall be based
1044	solely on the record before the board and briefs to the court
1045	and shall be limited to determining whether the certification
1046	order conforms to the constitution and laws of this state and
1047	the United States and is within the authority of the board under
1048	this act. The Supreme Court shall proceed to hear and determine
1049	the action as expeditiously as practicable and give the action
1050	precedence over other matters not accorded similar precedence by
1051	law.
1052	Section 20.  Enforcement of compliance.--Failure to obtain
1053	a certification or to comply with the conditions of
1054	certification or this act shall constitute a violation of
1055	chapter 403, Florida Statutes.
1056	Section 21.  Availability of information.--The department
1057	shall make available for public inspection and copying during
1058	regular office hours, at the expense of any person requesting
1059	copies, any information filed or submitted to the department
1060	pursuant to this act.
1061	Section 22.  Modification of certification.--
1062	(1)  A certification may be modified after issuance in any
1063	one of the following ways:
1064	(a)  The board may delegate to the department the authority
1065	to modify specific conditions in the certification.
1066	(b)  The department may modify the terms and conditions of
1067	the certification if no party to the certification hearing
1068	objects in writing to such modification within 45 days after
1069	notice by mail to such party's last address of record and if no
1070	other person whose substantial interests will be affected by the
1071	modification objects in writing within 30 days after issuance of
1072	public notice. If objections are raised, the applicant may file
1073	a petition for modification pursuant to paragraph (c).
1074	(c)  Any petition for modification shall be filed with the
1075	department and the Division of Administrative Hearings. A
1076	petition for modification may be filed by the applicant or the
1077	department setting forth:
1078	1.  The proposed modification.
1079	2.  The factual reasons asserted for the modification.
1080	3.  The anticipated effects of the proposed modification on
1081	the applicant, the public, and the environment.
1082	(2)  Petitions filed pursuant to this section shall be
1083	disposed of in the same manner as an application, but with time
1084	periods established by the administrative law judge commensurate
1085	with the significance of the modification requested.
1086	(3)  Any agreement or modification under this section must
1087	be in accordance with the terms of this act. No modification to
1088	a certification shall be granted that constitutes a variance
1089	from standards or regulations of the department applicable under
1090	any federally delegated or approved permit program, except as
1091	expressly allowed in such program.
1092	Section 23.  Supplemental applications for sites certified
1093	for ultimate site capacity.--
1094	(1)(a)  The department shall adopt rules governing the
1095	processing of supplemental applications for certification of the
1096	construction and operation of nuclear power plants to be located
1097	at sites which have been previously certified for an ultimate
1098	site capacity pursuant to this act. Supplemental applications
1099	shall be limited to nuclear power plants using the fuel type
1100	previously certified for that site. The rules adopted pursuant
1101	to this section shall include provisions for:
1102	1.  Prompt appointment of a designated administrative law
1103	judge.
1104	2.  The contents of the supplemental application.
1105	3.  Resolution of disputes as to the completeness and
1106	sufficiency of supplemental applications by the designated
1107	administrative law judge.
1108	4.  Public notice of the filing of the supplemental
1109	applications.
1110	5.  Time limits for prompt processing of supplemental
1111	applications.
1112	6.  Final disposition by the board within 215 days after
1113	the filing of a complete supplemental application.
1114	(b)  The time limits shall not exceed any time limitation
1115	governing the review of initial applications for site
1116	certification pursuant to this act, it being the legislative
1117	intent to provide shorter time limitations for the processing of
1118	supplemental applications for nuclear power plants to be
1119	constructed and operated at sites which have been previously
1120	certified for an ultimate site capacity.
1121	(c)  Any time limitation in this section or in rules
1122	adopted pursuant to this section may be altered by the
1123	designated administrative law judge upon stipulation between the
1124	department and the applicant, unless objected to by any party
1125	within 5 days after notice or for good cause shown by any party.
1126	The parties to the proceeding shall adhere to the provisions of
1127	chapter 120, Florida Statutes, and this act in considering and
1128	processing such supplemental applications.
1129	(2)  Supplemental applications shall be reviewed as
1130	provided in this act, except that the time limits provided in
1131	this section shall apply to such supplemental applications.
1132	(3)  The land use and zoning consistency determination
1133	provisions of the Florida Electrical Power Plant Siting Act
1134	shall not be applicable to the processing of supplemental
1135	applications pursuant to this section so long as:
1136	(a)  The previously certified ultimate site capacity is not
1137	exceeded.
1138	(b)  The lands required for the construction or operation
1139	of the electrical power plant which is the subject of the
1140	supplemental application are within the boundaries of the
1141	previously certified site.
1142	(4)  For the purposes of this act, the term "ultimate site
1143	capacity" means the maximum generating capacity for a site as
1144	certified by the board.
1145	Section 24.  Fees; disposition.--The department shall
1146	charge the applicant the following fees, as appropriate, which
1147	shall be paid into the Florida Permit Fee Trust Fund:
1148	(1)  An application fee, which shall not exceed $200,000.
1149	The fee shall be fixed by rule on a sliding scale related to the
1150	size, type, ultimate site capacity, increase in generating
1151	capacity proposed by the application, or the number and size of
1152	local governments in whose jurisdiction the nuclear power plant
1153	is located.
1154	(a)  Sixty percent of the fee shall go to the department to
1155	cover any costs associated with reviewing and acting upon the
1156	application, to cover any field services associated with
1157	monitoring construction and operation of the facility, and to
1158	cover the costs of the public notices published by the
1159	department.
1160	(b)  Twenty percent of the fee or $25,000, whichever is
1161	greater, shall be transferred to the Administrative Trust Fund
1162	of the Division of Administrative Hearings of the Department of
1163	Management Services.
1164	(c)  Upon written request with proper itemized accounting
1165	within 90 days after final agency action by the board or
1166	withdrawal of the application, the department shall reimburse
1167	the Department of Community Affairs, the Fish and Wildlife
1168	Conservation Commission, any water management district created
1169	pursuant to chapter 373, Florida Statutes, the regional planning
1170	council, and the local government in the jurisdiction of which
1171	the proposed nuclear power plant is to be located, and any other
1172	agency from which the department requests special studies
1173	pursuant to this act. Such reimbursement shall be authorized for
1174	the preparation of any studies required of the agencies by this
1175	act, for agency travel and per diem to attend any hearing held
1176	pursuant to this act, and for local governments to participate
1177	in the proceedings. In the event the amount available for
1178	allocation is insufficient to provide for complete reimbursement
1179	to the agencies, reimbursement shall be on a prorated basis.
1180	(d)  If any sums are remaining, the department shall retain
1181	them for its use in the same manner as is otherwise authorized
1182	by this act; provided, however, that if the certification
1183	application is withdrawn, the remaining sums shall be refunded
1184	to the applicant within 90 days after withdrawal.
1185	(2)  A certification modification fee, which shall not
1186	exceed $30,000. The fee shall be submitted to the department
1187	with a formal petition for modification to the department. This
1188	fee shall be established, disbursed, and processed in the same
1189	manner as the application fee in subsection (1), except that the
1190	Division of Administrative Hearings shall not receive a portion
1191	of the fee unless the petition for certification modification is
1192	referred to the Division of Administrative Hearings for hearing.
1193	If the petition is so referred, only $10,000 of the fee shall be
1194	transferred to the Administrative Trust Fund of the Division of
1195	Administrative Hearings of the Department of Management
1196	Services. The fee for a modification by agreement shall be
1197	$10,000, to be paid upon the filing of the request for
1198	modification. Any sums remaining after payment of authorized
1199	costs shall be refunded to the applicant within 90 days after
1200	issuance or denial of the modification or withdrawal of the
1201	request for modification.
1202	(3)  A supplemental application fee, not to exceed $75,000,
1203	to cover all reasonable expenses and costs of the review,
1204	processing, and proceedings of a supplemental application. This
1205	fee shall be established, disbursed, and processed in the same
1206	manner as the certification application fee in subsection (1)
1207	except that only $20,000 of the fee shall be transferred to the
1208	Administrative Trust Fund of the Division of Administrative
1209	Hearings of the Department of Management Services.
1210	Section 25.  Exclusive forum for determination of need.--
1211	(1)  On request by an applicant, the Public Service
1212	Commission shall begin a proceeding to determine the need for a
1213	nuclear power plant subject to this act. The applicant shall
1214	publish a notice of the proceeding in a newspaper of general
1215	circulation in each county in which the proposed nuclear power
1216	plant will be located. The notice shall be at least one-quarter
1217	of a page and published at least 21 days prior to the scheduled
1218	date for the proceeding.
1219	(2)(a)  The commission shall hold a hearing within 90 days
1220	after the filing of the petition and shall issue an order
1221	granting or denying the petition to determine need within 135
1222	days after the date of the filing of the petition. The
1223	commission shall be the sole forum for the determination of this
1224	matter and the issues addressed in the petition, which
1225	accordingly shall not be reviewed in any other forum. In making
1226	its determination to either grant or deny a petition for
1227	determination of need, the commission shall consider the need
1228	for electric system reliability and integrity, including fuel
1229	diversity, the need for base-load generating capacity, and the
1230	need for adequate electricity at a reasonable cost.
1231	(b)  The applicant's petition shall include:
1232	1.  A description of the need for the generation capacity.
1233	2.  A description of how the proposed nuclear power plant
1234	will enhance the reliability of electric power production within
1235	the state by improving the balance of power plant fuel diversity
1236	and reducing Florida's dependence on fuel oil and natural gas.
1237	3.  A description of and a nonbinding estimate for the cost
1238	of the nuclear power plant.
1239	4.  The annualized base revenue requirement for the first
1240	12 months of operation of the nuclear power plant.
1241	(c)  In making its determination, the commission shall take
1242	into account matters within its jurisdiction, which it deems
1243	relevant, including whether the nuclear power plant will:
1244	1.  Provide needed base-load capacity.
1245	2.  Enhance the reliability of electric power production
1246	within the state by improving the balance of power plant fuel
1247	diversity and reducing Florida's dependence on fuel oil and
1248	natural gas.
1249	3.  Provide the most cost-effective source of power, taking
1250	into account the need to improve the balance of fuel diversity,
1251	reduce Florida's dependence on fuel oil and natural gas, reduce
1252	air-emission compliance costs, and contribute to the long-term
1253	stability and reliability of the electric grid.
1254	(3)  No provision of rule 25-22.082, Florida Administrative
1255	Code, shall be applicable to a nuclear power plant sited under
1256	this act, including provisions for cost recovery, and an
1257	applicant shall not otherwise be required to secure competitive
1258	proposals for power supply prior to making application under
1259	this act or receiving a determination of need from the
1260	commission.
1261	(4)  The commission's determination of need for a nuclear
1262	power plant shall create a presumption of public need and
1263	necessity and shall serve as the commission's report. An order
1264	entered pursuant to this section constitutes final agency
1265	action. Any petition for reconsideration of a final order on a
1266	petition for need determination shall be filed within 5 days
1267	after the date of such order. The commission's final order,
1268	including any order on reconsideration, shall be reviewable on
1269	appeal in the Florida Supreme Court. Inasmuch as delay in the
1270	determination of need will delay siting of a nuclear power plant
1271	or diminish the opportunity for savings to customers under the
1272	federal Energy Policy Act of 2005, the Supreme Court shall
1273	proceed to hear and determine the action as expeditiously as
1274	practicable and give the action precedence over matters not
1275	accorded similar precedence by law.
1276	(5)  After a petition for determination of need has been
1277	granted, the right of a utility to recover any costs incurred
1278	prior to commercial operation, including, but not limited to,
1279	costs associated with the siting, design, licensing, or
1280	construction of the plant, shall not be subject to challenge
1281	unless and only to the extent the commission finds, based on a
1282	preponderance of the evidence adduced at a hearing before the
1283	commission under s. 120.57, Florida Statutes, that certain costs
1284	were imprudently incurred. Proceeding with the construction of
1285	the nuclear power plant following an order by the commission
1286	approving the need for the nuclear power plant under this act
1287	shall not constitute or be evidence of imprudence. Evidence of
1288	imprudence shall not include any cost increases due to events
1289	beyond the utility's control. Further, a utility's right to
1290	recover costs associated with a nuclear power plant may not be
1291	raised in any other forum or in the review of proceedings in
1292	such other forum. Costs incurred prior to commercial operation
1293	shall be recovered pursuant to chapter 366, Florida Statutes.
1294	Section 26.  Section 366.93, Florida Statutes, is created
1295	to read:
1296	366.93  Cost recovery for the siting, design, licensing,
1297	and construction of nuclear power plants.--
1298	(1)  As used in this section, the term:
1299	(a)  "Cost" includes, but is not limited to, all capital
1300	investments, including rate of return, any applicable taxes, and
1301	all expenses, including operation and maintenance expenses,
1302	related to or resulting from the siting, licensing, design,
1303	construction, or operation of the nuclear power plant.
1304	(b)  "Electric utility" or "utility" has the same meaning
1305	as that provided in s. 366.8255(1)(a).
1306	(c)  "Nuclear power plant" or "plant" has the same meaning
1307	as that provided in the Florida Energy Diversity and Efficiency
1308	Act.
1309	(d)  "Preconstruction" is that period of time after a site
1310	has been selected, including the date the utility begins site
1311	clearing work. Preconstruction costs shall be afforded deferred
1312	accounting treatment and shall accrue a carrying charge equal to
1313	the utility's allowance for funds used during construction
1314	(AFUDC) rate until recovered in rates.
1315	(2)  Within 6 months after the effective date of this act,
1316	the commission shall establish, by rule, alternative cost
1317	recovery mechanisms for the recovery of costs incurred in the
1318	siting, design, licensing, and construction of nuclear power
1319	plants. Such mechanisms shall be designed to promote utility
1320	investment in nuclear plants and allow for the recovery in rates
1321	all prudently incurred costs, and shall include, but are not
1322	limited to:
1323	(a)  Recovery through the capacity cost recovery clause of
1324	any preconstruction costs.
1325	(b)  Recovery through an incremental increase in the
1326	utility's capacity cost recovery clause rates of the carrying
1327	costs on the utility's projected construction cost balance
1328	associated with the nuclear power plant. To encourage investment
1329	and provide certainty, for nuclear power plant need petitions
1330	submitted on or before December 31, 2010, associated carrying
1331	costs shall be equal to the pretax AFUDC rate in effect upon
1332	this act becoming law. For nuclear power plants for which need
1333	petitions are submitted after December 31, 2010, the utility's
1334	existing pretax AFUDC rate is presumed to be appropriate unless
1335	determined otherwise by the commission in the determination of
1336	need for the nuclear power plant.
1337	(3)  After a petition for determination of need is granted,
1338	a utility may petition the commission for cost recovery as
1339	permitted by this section and commission rules.
1340	(4)  When the nuclear power plant is placed in commercial
1341	service, the utility shall be allowed to increase its base rate
1342	charges by the projected annual revenue requirements of the
1343	nuclear power plant based on the jurisdictional annual revenue
1344	requirements of the plant for the first 12 months of operation.
1345	The rate of return on capital investments shall be calculated
1346	using the utility's rate of return last approved by the
1347	commission prior to the commercial inservice date of the nuclear
1348	power plant. If any existing generating plant is retired as a
1349	result of operation of the nuclear power plant, the commission
1350	shall allow for the recovery, through an increase in base rate
1351	charges, of the net book value of the retired plant over a
1352	period not to exceed 5 years.
1353	(5)  The utility shall report to the commission annually
1354	the budgeted and actual costs as compared to the estimated
1355	inservice cost of the nuclear power plant provided by the
1356	utility pursuant to section 25(2)(b) until the commercial
1357	operation of the nuclear power plant. The utility shall provide
1358	such information on an annual basis following the final order by
1359	the commission approving the determination of need for the
1360	nuclear power plant, with the understanding that some costs may
1361	be higher than estimated and other costs may be lower.
1362	(6)  In the event the utility elects not to complete or is
1363	precluded from completing construction of the nuclear power
1364	plant, the utility shall be allowed to recover all prudent
1365	preconstruction and construction costs incurred following the
1366	commission's issuance of a final order granting a determination
1367	of need for the nuclear power plant. The utility shall recover
1368	such costs through the capacity cost recovery clause over a
1369	period equal to the period during which the costs were incurred
1370	or 5 years, whichever is greater. The unrecovered balance during
1371	the recovery period will accrue interest at the utility's
1372	weighted average cost of capital as reported in the commission's
1373	earnings surveillance reporting requirement for the prior year.
1374	Section 27.  This act shall take effect upon becoming law.

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