Cabinet Affairs

AGENDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

OCTOBER 21, 1997

Item 1 Minutes

Submittal of the minutes of the September 9, 1997 Cabinet meeting.

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Item 2 City of Tallahassee Purdom Unit 8 Final Order

REQUEST: Consideration of a Final Order concerning compliance with land use and zoning for the city of Tallahassee's application for power plant site certification of the Purdom Unit 8 project in the city of St. Marks.

COUNTY: Wakulla

APPLICANT: City of Tallahassee

LOCATION: The existing plant is located on the St. Marks River in the northeast corner of the city of St. Marks.

STAFF REMARKS: On June 25, 1997, the Division of Administrative Hearings conducted a Land Use hearing in the city of St. Marks to take testimony and evidence on the compliance of the city of Tallahassee's Purdom Unit 8 project at the existing Sam O. Purdom Generating Station in the city of St. Marks. The project involves replacing old, oil fired generating units with Unit 8, a new natural gas fired unit. Included in the project is a reclaimed water pipeline that will transport treated sewage effluent from the city of St. Marks' sewage treatment plant to the Purdom Generating Station. On August 27, 1997, Administrative Law Judge, P. Michael Ruff transmitted a Recommended Order to the Siting Board recommending that a Final Order be entered determining that "The proposed reclaimed water pipeline route(s) are consistent and in compliance with the existing land use plans and zoning ordinances; and if deemed subject to the land use hearing requirement, the existing Sam O. Purdom Generation site, its associated linear facilities, and the proposed changes within their existing boundaries, are consistent and in compliance with existing land use plans and zoning ordinances." A certification hearing on environmental and all other issues will be held commencing on November 18, 1997.

A Final Order has been prepared to adopt the Administrative Law Judge's Recommended Order.

(See Attachment 2, Pages 1-16)

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Item 3 Manatee Orimulsion Project Status Report

REQUEST: Status report to the Siting Board regarding the Manatee Orimulsion Project.

STAFF REMARKS: At the Siting Board meeting of September 9, 1997, Comptroller Milligan moved the adoption of an Order of Remand which, among other things, ordered the hearing on remand to be held within 45 days from that date. Upon being advised that the iting Board probably could not order the Administrative Law Judge to set a definite hearing Siting Board

Department of Environmental Protection

Agenda - October 21, 1997 Page Two

Item 3, cont.

date, the language regarding the 45 days was deleted. Instead, the following language was included in the Order of Remand signed by the Governor for the Siting Board on September 30, 1997:

"The Siting Board therefore ORDERS that this matter be remanded forthwith to the Division of Administrative Hearings for the purpose of an expedited formal evidentiary hearing pursuant to the provisions of Section 120.57, Florida Statutes. The hearing shall be scheduled and conducted as soon as possible in order that the Siting Board may receive a supplemental recommended order, limited to the issues encompassed by the New Conditions and the terms of this Order."

Shortly after the Order of Remand was referred to the Division of Administrative Hearings, counsel for Florida Power and Light (FPL) asked counsel for the Department of Environmental Protection (DEP) if DEP had any objections to an expedited schedule for discovery, etc., culminating in a final hearing date of November 3-7, 1997. In reply, counsel for DEP advised counsel for FPL that DEP would not oppose such a motion, but did not consent to it either. Thereafter, counsel for FPL stated in its Motion served on October 3, 1997, that DEP, as well as the other governmental agencies "stated they had no objection to this motion". Accordingly, on October 7, 1997, the assigned Administrative Law Judge entered an Order adopting the schedule proposed by FPL.

The aforementioned Order of Remand also contained a paragraph regarding possible intervention by substantially affected parties and the desirability of the receipt of public comment as follows:

"Notwithstanding Chapter 403, to the extent that the proposed new conditions in Attachment A and this Order might affect other parties, the ALJ is encouraged to consider motions to intervene by any party or parties substantially affected by said new conditions. The Board also requests the ALJ to commit a portion of the remand hearing to the receipt of public comment, just as a portion of the initial hearing in this matter was committed to the receipt of public comment."

Although arguably the Siting Board no longer has jurisdiction of this item, having relinquished jurisdiction when the item was referred to the Division of Administrative Hearings on September 30, 1997, nevertheless, the Siting Board may wish to consider whether a hearing date of November 3-7, 1997 will allow adequate time for the public and any other substantially affected parties to prepare for the hearing.

(See Attachment 3, Pages 1-15)

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