Florida Regulations 62-17.191: Postcertification Compliance Review, Monitoring
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(1) Pursuant to specific conditions of certification, a licensee may be required to file site-specific technical data to allow the review by the department and any other affected agency of the licensee’s compliance with the conditions of certification. This is considered postcertification review (PCR).
(a) Any submittal of information or determination of compliance pursuant to PCR does not provide a point of entry for a third party.
(b) Data required for PCR shall be equivalent to that which would be submitted for permits required in the absence of certification except where the conditions of certification specify a different requirement.
(c) The procedures for postcertification submittal processing, if not otherwise specified in the conditions, are as follows:
1. All postcertification submittals of information by the licensee, and all completeness findings and determinations of compliance by affected agencies, are to be filed with the department. Copies of each submittal shall also be submitted to the agency requiring the postcertification submittal and any other agency indicated in a specific condition requiring a postcertification submittal.
2. The department, and each affected agency receiving a copy of the postcertification submittal pursuant to subFl. Admin. Code R. 62-17.191(1)(c)1., shall review each postcertification submittal for completeness. For the purposes of postcertification reviews, completeness shall mean that the information submitted is both complete and sufficient. The department will consult with the other agencies receiving the submittal, as appropriate, regarding completeness. If the submittal is found by the department, or affected agency, to be incomplete, the license shall be so notified. Subsequent findings of incompleteness, by an affected agency, must be made in consultation with the department. Failure of the department or affected agency, to issue such a notice within 30 days after filing of the submittal shall constitute a finding of completeness. If a situation arises in which mutual agreement between either the department and the licensee, or, the licensee and an agency with substantive regulatory jurisdiction over a matter cannot be reached, the department may act as a facilitator in an attempt to resolve the issue.
3. Within 90 days after complete information is submitted, the department, or affected agency, shall give written notification to the licensee and other agencies to which the postcertification information was submitted of its assessment of whether there is reasonable assurance of compliance with the conditions of certification. If it is determined that compliance with the conditions will not be achieved, the licensee shall be notified with particularity and possible corrective measures suggested. Failure of the department, or affected agency, to notify the licensee in writing within 90 days of receipt of a complete postcertification submittal shall constitute a finding of compliance.
4. If the department, or affected agency, does not give notification of compliance within the time period specified in subFl. Admin. Code R. 62-17.191(1)(c)3., the licensee may begin construction pursuant to the terms of the conditions of certification and the subsequently submitted construction details.
(d) Postcertification compliance reviews shall be limited to the technical merits of whether the postcertification submittals demonstrate compliance with the conditions of certification. However, a postcertification compliance review may be the basis for initiating modifications to the relevant condition or to other related conditions.
(2) The licensee shall conduct monitoring as indicated in the conditions of certification, of the environmental effects arising from construction and operation of the licensee’s electrical power plant, in order to assure continued compliance with the terms and conditions of certification. The monitoring shall be carried out in the manner prescribed in the conditions of certification, and at no expense to the department or affected agencies.
(3) The licensee shall provide within 90 days after certification a complete summary of those submittals identified in the Conditions of Certification where due-dates for information required of the licensee are identified. Such submittals shall include, but are not limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be provided to the Siting Coordination Office and any affected agency or agency subunit to whom the submittal is required to be provided, in a sortable spreadsheet, in the format identified below.
Condition Number
Requirement and timeframe
Due Date
Name of Agency or agency subunit to whom the submittal is required to be provided
Rulemaking Authority Florida Statutes § 403.504(1). Law Implemented 403.504(8), 403.511 FS. History-New 5-7-74, Amended 12-27-77, Formerly 17-17.13, Amended 5-9-83, Formerly 17-17.191, Amended 2-1-99, 2-13-08, 4-8-21.
Terms Used In Florida Regulations 62-17.191
- 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) Data required for PCR shall be equivalent to that which would be submitted for permits required in the absence of certification except where the conditions of certification specify a different requirement.
(c) The procedures for postcertification submittal processing, if not otherwise specified in the conditions, are as follows:
1. All postcertification submittals of information by the licensee, and all completeness findings and determinations of compliance by affected agencies, are to be filed with the department. Copies of each submittal shall also be submitted to the agency requiring the postcertification submittal and any other agency indicated in a specific condition requiring a postcertification submittal.
2. The department, and each affected agency receiving a copy of the postcertification submittal pursuant to subFl. Admin. Code R. 62-17.191(1)(c)1., shall review each postcertification submittal for completeness. For the purposes of postcertification reviews, completeness shall mean that the information submitted is both complete and sufficient. The department will consult with the other agencies receiving the submittal, as appropriate, regarding completeness. If the submittal is found by the department, or affected agency, to be incomplete, the license shall be so notified. Subsequent findings of incompleteness, by an affected agency, must be made in consultation with the department. Failure of the department or affected agency, to issue such a notice within 30 days after filing of the submittal shall constitute a finding of completeness. If a situation arises in which mutual agreement between either the department and the licensee, or, the licensee and an agency with substantive regulatory jurisdiction over a matter cannot be reached, the department may act as a facilitator in an attempt to resolve the issue.
3. Within 90 days after complete information is submitted, the department, or affected agency, shall give written notification to the licensee and other agencies to which the postcertification information was submitted of its assessment of whether there is reasonable assurance of compliance with the conditions of certification. If it is determined that compliance with the conditions will not be achieved, the licensee shall be notified with particularity and possible corrective measures suggested. Failure of the department, or affected agency, to notify the licensee in writing within 90 days of receipt of a complete postcertification submittal shall constitute a finding of compliance.
4. If the department, or affected agency, does not give notification of compliance within the time period specified in subFl. Admin. Code R. 62-17.191(1)(c)3., the licensee may begin construction pursuant to the terms of the conditions of certification and the subsequently submitted construction details.
(d) Postcertification compliance reviews shall be limited to the technical merits of whether the postcertification submittals demonstrate compliance with the conditions of certification. However, a postcertification compliance review may be the basis for initiating modifications to the relevant condition or to other related conditions.
(2) The licensee shall conduct monitoring as indicated in the conditions of certification, of the environmental effects arising from construction and operation of the licensee’s electrical power plant, in order to assure continued compliance with the terms and conditions of certification. The monitoring shall be carried out in the manner prescribed in the conditions of certification, and at no expense to the department or affected agencies.
(3) The licensee shall provide within 90 days after certification a complete summary of those submittals identified in the Conditions of Certification where due-dates for information required of the licensee are identified. Such submittals shall include, but are not limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be provided to the Siting Coordination Office and any affected agency or agency subunit to whom the submittal is required to be provided, in a sortable spreadsheet, in the format identified below.
Condition Number
Requirement and timeframe
Due Date
Name of Agency or agency subunit to whom the submittal is required to be provided
Rulemaking Authority Florida Statutes § 403.504(1). Law Implemented 403.504(8), 403.511 FS. History-New 5-7-74, Amended 12-27-77, Formerly 17-17.13, Amended 5-9-83, Formerly 17-17.191, Amended 2-1-99, 2-13-08, 4-8-21.