Florida Regulations 62-17.680: Modification of Certification
Current as of: 2024 | Check for updates
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(1)(a) Except as otherwise provided in the conditions of certification, the licensee shall petition to modify certification for all changes in transmission line corridor alignment.
(b) Except as otherwise provided in the conditions of certification, expansions in right-of-way width following the narrowing of the certified area pursuant to Section. 403.522(10), F.S., will be considered modifications pursuant to Florida Statutes § 403.5315
(c) Once all property interests required for the right-of-way have been acquired by the licensee, the area of the corridor certified narrows to only that land within the boundaries of the right-of-way, unless specified otherwise by the conditions of certification. Under the provisions of Florida Statutes § 403.522(10), this shall not be construed to require a modification or further agency review.
(2) Modifications requested by a licensee shall be processed in accordance with Florida Statutes § 403.5315(2)
(a) To be deemed properly filed, the licensee shall submit the petition for modification as determined below.
1. The licensee shall consult with the Department to determine the appropriate department and agency contacts needed to support the modification review. At a minimum, the request shall be submitted to the Department’s Siting Coordination program and to all parties to the original proceedings and any previous modification proceedings, at the last address on record for the party.
2. The licensee shall consult with the Department and parties to determine the number of electronic copies needed to support the modification review, and shall submit the number of electronic copies as determined.
(b) If the applicant is required by the Department to publish newspaper notice of the petition for modification pursuant to Section 403.5363(1)(b)6., F.S., such publication shall comply with Fl. Admin. Code R. 62-17.750
(c) The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the Department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the Department. Within 30 days of the filing of the petition with the Department, the Department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the Department under these same deadlines.
(d) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or from other persons whose substantial interests will be affected by the modification within 30 days after publication of the newspaper notice specified in paragraph (2)(c), above, if such notice is required by the Department pursuant to Section 403.5363(1)(b)6., F.S., or within 30 days after publication of notice by the Department pursuant to Section 403.5363(3)(f), F.S., then the Department shall issue a Final Order on the modification consistent with the noticed proposed order. If written objections are filed that address only a portion of the proposed order on a modification, then the Department shall issue a Final Order on the portion of the modification to which no objections were timely filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are timely filed.
(e) If objections are filed, the provisions of Florida Statutes Chapter 120, shall govern.
Rulemaking Authority Florida Statutes § 403.523(1). Law Implemented Florida Statutes § 403.5315. History-New 11-20-80, Amended 6-26-84, Formerly 17-17.68, 17-17.680, Amended 5-24-10, 5-9-13.
(b) Except as otherwise provided in the conditions of certification, expansions in right-of-way width following the narrowing of the certified area pursuant to Section. 403.522(10), F.S., will be considered modifications pursuant to Florida Statutes § 403.5315
(c) Once all property interests required for the right-of-way have been acquired by the licensee, the area of the corridor certified narrows to only that land within the boundaries of the right-of-way, unless specified otherwise by the conditions of certification. Under the provisions of Florida Statutes § 403.522(10), this shall not be construed to require a modification or further agency review.
(2) Modifications requested by a licensee shall be processed in accordance with Florida Statutes § 403.5315(2)
(a) To be deemed properly filed, the licensee shall submit the petition for modification as determined below.
1. The licensee shall consult with the Department to determine the appropriate department and agency contacts needed to support the modification review. At a minimum, the request shall be submitted to the Department’s Siting Coordination program and to all parties to the original proceedings and any previous modification proceedings, at the last address on record for the party.
2. The licensee shall consult with the Department and parties to determine the number of electronic copies needed to support the modification review, and shall submit the number of electronic copies as determined.
(b) If the applicant is required by the Department to publish newspaper notice of the petition for modification pursuant to Section 403.5363(1)(b)6., F.S., such publication shall comply with Fl. Admin. Code R. 62-17.750
(c) The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the Department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the Department. Within 30 days of the filing of the petition with the Department, the Department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the Department under these same deadlines.
(d) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or from other persons whose substantial interests will be affected by the modification within 30 days after publication of the newspaper notice specified in paragraph (2)(c), above, if such notice is required by the Department pursuant to Section 403.5363(1)(b)6., F.S., or within 30 days after publication of notice by the Department pursuant to Section 403.5363(3)(f), F.S., then the Department shall issue a Final Order on the modification consistent with the noticed proposed order. If written objections are filed that address only a portion of the proposed order on a modification, then the Department shall issue a Final Order on the portion of the modification to which no objections were timely filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are timely filed.
(e) If objections are filed, the provisions of Florida Statutes Chapter 120, shall govern.
Rulemaking Authority Florida Statutes § 403.523(1). Law Implemented Florida Statutes § 403.5315. History-New 11-20-80, Amended 6-26-84, Formerly 17-17.68, 17-17.680, Amended 5-24-10, 5-9-13.