Florida Regulations 25-22.091: Contents of Petition
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Petitions submitted to commence a determination of need proceeding or responses to the Commission’s order commencing a proceeding shall comply with the other requirements of Fl. Admin. Code Chapter 25-22, as to form and style, and shall contain the following information:
(1) Identification of existing natural gas transmission pipelines including a general description and map of all existing, all Florida Public Service Commission (FPSC) or Federal Energy Regulatory Commission (FERC) approved but not yet in service and all proposed natural gas transmission pipelines, including laterals, within any Florida county in which the proposed project will be located.
(2) Description of proposed natural gas transmission pipeline, ownership and financial information including:
(a) Project name and ownership, including all company officers, their addresses and phone numbers, and all corporate affiliations.
(b) Copies of the annual reports to shareholders and 10K Reports to the Securities and Exchange Commission for the last three years for each of the principal companies involved in the project. If annual reports for any of the companies are not prepared, audited financial statements for those entities for the last three years shall be provided.
(c) Copies of all rating agency and security analyst reports for the last two years for each of the principal companies involved in the project.
(d) Copies of all presentations related to the project given by the principal companies involved in the project to, or prepared for, banks and other lenders, security analysts, and rating agencies for the last two years.
(e) A description of the project, including all main or trunk pipelines and all laterals from origination to terminus of each mainline or lateral. The description shall include starting and ending points of each line, initial design capacity and operating pressures, estimated total cost and projected in-service date or dates of the project. The description shall also include the diameter of all pipelines in the proposed project, projected initial operating pressures for all pipelines, and the type and horsepower of all compressor stations. If the pipeline includes phased implementation such that extensions or expansions are to be installed at times later than the time of the initial installation’s operational date, similar but separate detailed descriptions as provided for the initial installation shall be provided.
(f) Maps on the scale of 1 inch equals 50 miles of the preferred route and any planned alternate routes, planned locations of compressor stations and other affiliated facilities. Detailed maps of all laterals up to and including individual terminus points shall be provided.
(3) Evidence of the safety and integrity of the proposed project which shall include a statement that the engineering, construction and operation of the project will comply with all provisions of Sections 368.01 through 368.061, F.S., The Gas Safety Law of 1967, Fl. Admin. Code Chapter 25-12 and 49 CFR, Parts 190 through 199, Pipeline Safety Regulations of the United States Department of Transportation, and codes and standards incorporated therein.
(4) Evidence of need for natural gas transmission capacity in the market area including:
(a) A statement of the specific situations, conditions, contingencies, or other factors that indicate that need exists for the proposed natural gas transmission pipeline or pipelines, including the approximate time when the additional natural gas transmission capacity will be needed.
(b) Evidence of need for natural gas delivery capability up to initial design capacity including supporting contracts, precedent agreements, binding letters of intent, or other forms of evidence the applicant believes sufficient to meet its burden of proof that need exists.
(c) Evidence of need for natural gas delivery capability beyond initial design capacity if future expansion capability is built into the pipeline through use of larger diameter pipeline than needed for planned initial throughput. The petitioner shall provide market area load forecasts by customer type, region of state, expected dates of added load, and other information necessary to support projected future load growth, including region specific natural gas load forecasts supporting each phase of the proposed pipeline installation, taking into account existing and FPSC or FERC approved regional pipeline capacity. Detailed cost information to permit analysis of the cost-effectiveness of using such larger diameter pipeline shall also be provided.
(5) Evidence of access to gas supplies and adequacy of upstream natural gas transmission pipeline capacity to the supply areas including the following:
(a) As initial evidence of reliability of access to gas supplies: identification of sources of gas or access to gas supply areas for the project pipeline and for upstream pipelines.
(b) As evidence of reliability of natural gas transmission pipeline capacity to the point of origination of the proposed project: detailed information on currently available firm or interruptible capacity on upstream pipelines and identification of all additions required to enable upstream pipelines to supply gas in volumes sufficient to meet throughput design capacity of the project. The petitioner shall also provide all available contracts, precedent agreements or binding letters of intent as evidence of adequate capacity on upstream pipelines.
(c) As additional evidence of reliability of natural gas transmission pipeline capacity to the point of origination of the project: information on any federal requirements that must be met by any upstream pipeline before it can provide natural gas transmission service to supply the project. Information on timing of any necessary expansions of upstream pipeline, including proposed federal filing dates and projected in-service dates of additions shall also be provided.
(6) Specific reasons for the proposed natural gas transmission pipeline including whether the proposed pipeline will:
(a) Improve or maintain deliverability, reliability, safety, and integrity of natural gas transmission within Florida;
(b) Accommodate load growth;
(c) Improve the economics of natural gas transmission within Florida to assure the economic well-being of the public;
(d) Conserve or displace oil;
(e) Serve any other useful purpose.
(7) A statement of adverse consequences to the public that will result if the project is delayed or if the Commission denies the application. The petitioner shall specifically address any adverse consequences to the economic well-being of the public due to delay or denial of approval of the project.
Rulemaking Authority Florida Statutes § 350.127(2), 403.9422(2) FS. Law Implemented 403.94055, 403.9422 FS. History-New 1-25-95.
Terms Used In Florida Regulations 25-22.091
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(2) Description of proposed natural gas transmission pipeline, ownership and financial information including:
(a) Project name and ownership, including all company officers, their addresses and phone numbers, and all corporate affiliations.
(b) Copies of the annual reports to shareholders and 10K Reports to the Securities and Exchange Commission for the last three years for each of the principal companies involved in the project. If annual reports for any of the companies are not prepared, audited financial statements for those entities for the last three years shall be provided.
(c) Copies of all rating agency and security analyst reports for the last two years for each of the principal companies involved in the project.
(d) Copies of all presentations related to the project given by the principal companies involved in the project to, or prepared for, banks and other lenders, security analysts, and rating agencies for the last two years.
(e) A description of the project, including all main or trunk pipelines and all laterals from origination to terminus of each mainline or lateral. The description shall include starting and ending points of each line, initial design capacity and operating pressures, estimated total cost and projected in-service date or dates of the project. The description shall also include the diameter of all pipelines in the proposed project, projected initial operating pressures for all pipelines, and the type and horsepower of all compressor stations. If the pipeline includes phased implementation such that extensions or expansions are to be installed at times later than the time of the initial installation’s operational date, similar but separate detailed descriptions as provided for the initial installation shall be provided.
(f) Maps on the scale of 1 inch equals 50 miles of the preferred route and any planned alternate routes, planned locations of compressor stations and other affiliated facilities. Detailed maps of all laterals up to and including individual terminus points shall be provided.
(3) Evidence of the safety and integrity of the proposed project which shall include a statement that the engineering, construction and operation of the project will comply with all provisions of Sections 368.01 through 368.061, F.S., The Gas Safety Law of 1967, Fl. Admin. Code Chapter 25-12 and 49 CFR, Parts 190 through 199, Pipeline Safety Regulations of the United States Department of Transportation, and codes and standards incorporated therein.
(4) Evidence of need for natural gas transmission capacity in the market area including:
(a) A statement of the specific situations, conditions, contingencies, or other factors that indicate that need exists for the proposed natural gas transmission pipeline or pipelines, including the approximate time when the additional natural gas transmission capacity will be needed.
(b) Evidence of need for natural gas delivery capability up to initial design capacity including supporting contracts, precedent agreements, binding letters of intent, or other forms of evidence the applicant believes sufficient to meet its burden of proof that need exists.
(c) Evidence of need for natural gas delivery capability beyond initial design capacity if future expansion capability is built into the pipeline through use of larger diameter pipeline than needed for planned initial throughput. The petitioner shall provide market area load forecasts by customer type, region of state, expected dates of added load, and other information necessary to support projected future load growth, including region specific natural gas load forecasts supporting each phase of the proposed pipeline installation, taking into account existing and FPSC or FERC approved regional pipeline capacity. Detailed cost information to permit analysis of the cost-effectiveness of using such larger diameter pipeline shall also be provided.
(5) Evidence of access to gas supplies and adequacy of upstream natural gas transmission pipeline capacity to the supply areas including the following:
(a) As initial evidence of reliability of access to gas supplies: identification of sources of gas or access to gas supply areas for the project pipeline and for upstream pipelines.
(b) As evidence of reliability of natural gas transmission pipeline capacity to the point of origination of the proposed project: detailed information on currently available firm or interruptible capacity on upstream pipelines and identification of all additions required to enable upstream pipelines to supply gas in volumes sufficient to meet throughput design capacity of the project. The petitioner shall also provide all available contracts, precedent agreements or binding letters of intent as evidence of adequate capacity on upstream pipelines.
(c) As additional evidence of reliability of natural gas transmission pipeline capacity to the point of origination of the project: information on any federal requirements that must be met by any upstream pipeline before it can provide natural gas transmission service to supply the project. Information on timing of any necessary expansions of upstream pipeline, including proposed federal filing dates and projected in-service dates of additions shall also be provided.
(6) Specific reasons for the proposed natural gas transmission pipeline including whether the proposed pipeline will:
(a) Improve or maintain deliverability, reliability, safety, and integrity of natural gas transmission within Florida;
(b) Accommodate load growth;
(c) Improve the economics of natural gas transmission within Florida to assure the economic well-being of the public;
(d) Conserve or displace oil;
(e) Serve any other useful purpose.
(7) A statement of adverse consequences to the public that will result if the project is delayed or if the Commission denies the application. The petitioner shall specifically address any adverse consequences to the economic well-being of the public due to delay or denial of approval of the project.
Rulemaking Authority Florida Statutes § 350.127(2), 403.9422(2) FS. Law Implemented 403.94055, 403.9422 FS. History-New 1-25-95.