Florida Regulations 25-22.075: Transmission Line Permitting Proceedings
Current as of: 2024 | Check for updates
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(1) Proceedings to determine the need for a proposed transmission line as defined in Florida Statutes § 403.522(22), shall begin with a petition by a utility or an order issued on the Commission’s own motion and shall be disposed of as provided in Fl. Admin. Code Chapter 25-22, except that the time deadlines and notice requirements in Florida Statutes § 403.537, shall control. Proceedings may begin whether or not an application for corridor site certification of a proposed transmission line pursuant to Sections 403.52 through 403.5365, F.S., is pending. A petition for reconsideration shall be filed within 5 days of the Commission’s decision.
(a) In order for the Commission to have sufficient information to provide the 45 days notice of final hearing required by Florida Statutes § 403.537, a utility that intends to petition for a transmission line need determination may file a Notice of Intent to File Petition for Transmission Line Need Determination at least 30 days prior to the filing of a petition. The notice of intent shall identify the proposed beginning and ending points of the transmission line, and the counties, regional planning councils, and water management districts in whose jurisdiction the transmission line could be placed. The notice of intent shall further specify the date on which the utility reasonably expects to file the petition for need determination.
(b) If the Commission does not receive a Notice of Intent to File Petition for Transmission Line Need Determination at least 30 days prior to the filing of a petition, or does not receive the petition within 5 days after the date specified in the notice of intent, the Commission shall have good cause, pursuant to Florida Statutes § 403.537(3), to extend the time for conduct of the hearing for 30 days.
(2) Upon receipt of a Notice of Intent to File Petition for Transmission Line Need Determination or a petition by a utility, whichever occurs first, or upon issuance of an order pursuant to subsection (1), the Commission shall schedule a hearing and shall give notice of the proceeding to:
(a) The affected utility or utilities, if appropriate;
(b) The Department of Economic Opportunity, Division of Community Development;
(c) The Department of Environmental Protection;
(d) Each person who has requested placement on the mailing list for receipt of such notice;
(e) The counties, water management districts, and regional planning councils in whose jurisdiction the transmission line could be placed; and
(f) The Fish and Wildlife Conservation Commission;
(3) The Commission shall also publish notice of the hearing at least 45 days before the hearing date in the Florida Administrative Register.
(4) The utility shall publish notice of the hearing at least 45 days before the hearing date in newspapers of general circulation in the counties where the transmission line could be placed. Every notice published in a newspaper shall be at least one-quarter page in size. A copy of each newspaper notice, which includes the date of publication, shall be filed with the Office of Commission Clerk at least 30 days prior to the hearing date.
Rulemaking Authority Florida Statutes § 350.127(2), 403.537(2) FS. Law Implemented Florida Statutes § 403.537. History-New 12-20-81, Formerly 25-2.130, 25-22.75, Amended 10-9-91.
Terms Used In Florida Regulations 25-22.075
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) If the Commission does not receive a Notice of Intent to File Petition for Transmission Line Need Determination at least 30 days prior to the filing of a petition, or does not receive the petition within 5 days after the date specified in the notice of intent, the Commission shall have good cause, pursuant to Florida Statutes § 403.537(3), to extend the time for conduct of the hearing for 30 days.
(2) Upon receipt of a Notice of Intent to File Petition for Transmission Line Need Determination or a petition by a utility, whichever occurs first, or upon issuance of an order pursuant to subsection (1), the Commission shall schedule a hearing and shall give notice of the proceeding to:
(a) The affected utility or utilities, if appropriate;
(b) The Department of Economic Opportunity, Division of Community Development;
(c) The Department of Environmental Protection;
(d) Each person who has requested placement on the mailing list for receipt of such notice;
(e) The counties, water management districts, and regional planning councils in whose jurisdiction the transmission line could be placed; and
(f) The Fish and Wildlife Conservation Commission;
(3) The Commission shall also publish notice of the hearing at least 45 days before the hearing date in the Florida Administrative Register.
(4) The utility shall publish notice of the hearing at least 45 days before the hearing date in newspapers of general circulation in the counties where the transmission line could be placed. Every notice published in a newspaper shall be at least one-quarter page in size. A copy of each newspaper notice, which includes the date of publication, shall be filed with the Office of Commission Clerk at least 30 days prior to the hearing date.
Rulemaking Authority Florida Statutes § 350.127(2), 403.537(2) FS. Law Implemented Florida Statutes § 403.537. History-New 12-20-81, Formerly 25-2.130, 25-22.75, Amended 10-9-91.