NOTICE OF FILING ELECTRICAL POWER PLANT APPLICATION FOR SITE CERTIFICATION FOR THE PROGRESS ENERGY FLORIDA
LEVY NUCLEAR PROJECT TO BE LOCATED IN LEVY COUNTY, FLORIDA, AND ASSOCIATED FACILITIES TO BE LOCATED IN
LEVY, CITRUS, MARION, SUMTER, LAKE, HERNANDO, PINELLAS, HILLSBOROUGH AND POLK COUNTIES
1. Application number PA08-51 for certification to authorize construction Florida Dept. of Environmental Protection
and operation of a 2200-megawatt (MW) (nominal) nuclear electrical Northeast District Office
generating facility and associated electrical transmission lines and Attention: Chris Kirts
substations, access roads, a rail line and water pipelines was filed by 7825 Baymeadows Way
Progress Energy Florida (PEF) with the Florida Department of Jacksonville, FL 32256-7590
Environmental Protection (FDEP) on June 2, 2008. The Project is known (904-807-3300)
as the Levy Nuclear Project (Project). The Project Site in Levy County and Florida Dept. of Environmental Protection
the location of the proposed associated transmission lines and other as- Central District Office
sociated facilities are shown on the accompanying map. PEF is seeking Attention: Jim Bradner
certification of the entire Project under the Florida Electrical Power Plant 3319 Maguire Blvd., Suite 232
Siting Act (PPSA or Act). The case is now pending before the Florida Orlando, FL 32803-3767
Division of Administrative Hearings (DOAH), Case No. 08-002727-EPP (407-894-7555)
prior to final action by the Florida governor and Cabinet, pursuant to the
Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Progress Energy Florida
Statutes (F.S.). 299 First Avenue N., PEF-903
2. Progress Energy Florida’s Levy Nuclear Project’s two electrical St. Petersburg, FL 33701
generating units and related facilities will be located in Levy County, Available during business hours
Florida. The Levy project power plant site is comprised of approximately Call 888-840-0014 for appointment
3,105 acres and has not been previously certified for power generation. Coastal Region Public Library
The Levy project site is located about seven miles inland from the Gulf (Citrus County)
of Mexico and eight miles north of the company’s Crystal River Energy 8619 W. Crystal Street
Complex in Citrus County. Crystal River, FL 34428
3. The Levy Nuclear Project application also seeks certification to A.F. Knotts Public Library (Levy County)
approve the location of corridors for the construction, operation and 11 56th Street
maintenance of the following transmission lines (which are shown on Yankeetown, FL 34498
the accompanying map):
Hernando County Public Library
(a) Levy North Line: a 69-kilovolt (kV) transmission line at the Levy 238 Howell Avenue
Nuclear Plant site, approximately 375 feet in length; Brooksville, FL 34601
(b) Levy South Line: a 69-kV transmission line at the Levy Nuclear Plant Marion County Public Library
site, approximately 4.5 miles in length; 2720 E. Silver Springs Blvd.
(c) Citrus 1 and 2 Lines: two 500-kV transmission lines from the Levy Ocala, FL 34470
Nuclear Plant site to the proposed Citrus Substation, approximately Sumter County Library System
7 miles in length; 910 N. Main Street, Suite 225
(d) Sumter Line: a 500-kV transmission line from the Levy Nuclear Plant Bushnell, FL 33513
site to the proposed Central Florida South Substation, approximately 59 Lake County Library
miles in length; 314 N. New Hampshire Avenue
(e) Crystal River Line: a 500-kV transmission line from the Levy Nuclear Tavares, FL 32778
Plant site to the Crystal River Energy Complex switchyard, approximately Progress Energy Florida
14 miles in length; 8200 W. Venable Street
(f) Crystal River East Line: two 230-kV transmission lines from the Crystal River, FL 34429
proposed Citrus Substation to the Crystal River East Substation, Available during business hours
This map is not to scale.
approximately 2.7 miles in length; Call 888-840-0014 for appointment
(g) Brookridge Line: a 230-kV transmission line from the Crystal River 6. FDEP and other state, regional and local agencies will be studying the Those wishing to intervene in this proceeding, unless appearing on their
Energy Complex switchyard to Brookridge Substation, approximately 38 application, preparing reports and making recommendations on the own behalf, must be represented by an attorney or other person who
miles in length; Project. Interested persons should review the application and bring any can be determined to be qualified to appear in administrative
(h) Brooksville West Line: a 230-kV transmission line from the Brookridge matters of concern to the attention of the appropriate agency and PEF as proceedings pursuant to Chapter 120, F.S., or Rule 28-106.106, Florida
Substation to the Brooksville West Substation, approximately 3 miles in soon as possible. Information regarding the appropriate contact persons Administrative Code.
length; and in the reviewing agencies may be obtained from Cindy Mulkey at the
Department of Environmental Protection, whose contact information is (f) Any agency, including those whose properties or works are being
(i) Kathleen Line: a 230-kV transmission line from Polk to Hillsborough to listed above.
Pinellas counties, approximately 50 miles in length. affected pursuant to Section 403.509(5), F.S., shall be made a party upon
7. For each of the transmission line corridors listed in paragraph 3 above the request of the FDEP or PEF.
The proposed transmission line corridors may cross the following (except the Levy North and Levy South Lines listed in subparagraphs (a)
local government jurisdictions: Levy, Citrus, Marion, Sumter, Lake, 9. When appropriate, any person may be given an opportunity to present
and (b) above), consideration may be given in this proceeding to corridors oral or written communications to the designated Administrative Law
Hernando, Pinellas, Hillsborough and Polk Counties and the cities of alternate to the routes preferred by PEF. These alternate corridors may
Inglis, Wildwood, Leesburg, Oldsmar, Plant City and Tampa. PEF is also Judge. If the designated Administrative Law Judge proposes to consider
be proposed by persons other than the applicant and may suggest an such communications, then all parties shall be given an opportunity to
seeking certification for a rail line from Dunnellon in Marion County to alternate route for portions or all of PEF’s transmission line corridors. To
the Levy Nuclear Plant site in Levy County and water pipelines to cross-examine or challenge or rebut such communications.
propose an alternate corridor, persons must request to become a party to
connect the Levy Nuclear Plant site to the Cross Florida Barge Canal and the proceedings (see paragraph 8 below), and then must file a notice of 10. Any notice of intent to be a party, motion to intervene or other
to the PEF Crystal River Energy Complex in Levy and Citrus counties. proposed alternate corridor with the Administrative Law Judge pursuant pleadings must be sent to: Honorable J. Lawrence Johnston,
4. The Florida Electrical Power Plant Siting Act (Sections 403.501 to Section 403.5064(4), F.S., all parties, and any local governments in the Administrative Law Judge, Division of Administrative Hearings,
– 403.518, F.S.), under which the Project application has been filed, jurisdiction of which the alternate is proposed, by no later than The DeSoto Building, 1230 Appalachee Parkway, Tallahassee,
involves several procedural steps. Various state, regional and local agen- September 11, 2008. The filing must include the most recent United Florida 32399-3060; and must contain the following: reference to
cies are reviewing the application for site certification and preparing States Geological Survey 1:24000 quadrangle maps specifically the application and DOAH case numbers (PA08-51; DOAH Case No.
reports on the Project. Levy County, the local government where the delineating the corridor boundaries, a description of the proposed 08-002727-EPP); and the name, address and telephone number of the
plant will be located, will be issuing its determination on the alternate corridor and a statement of the reasons the proposed alternate agency or person making the filing. A notice of intent to be a party or a
consistency of the Project site with existing land use plans and zoning should be certified. Each party proposing an alternate corridor shall have motion to intervene must contain allegations sufficient to demonstrate
ordinances. Once specific electrical substation sites are identified for the the burden to provide the data necessary for the agencies listed in the agency or person is entitled to participate in the proceeding. The
Citrus substation and the Central Florida South substation, Citrus County, Section 403.526(2), F.S., to prepare a supplementary report, and the notice or motion must be sent by mail to the applicant and to all parties.
the local government where the proposed Citrus substation will be burden of proof on the certifiability of the alternate corridor at the (A list of parties may be obtained from the department’s Office of Siting
located, and the City of Wildwood, the City of Leesburg, Sumter County certification hearing. See Section 403.5271, F.S., for further information Coordination at the address and telephone number listed above.)
and/or Lake County, the local governments where the proposed Central and requirements. 11. (a) Subject to the conditions set forth therein, any certification
Florida South substation could be located, will also be issuing their 8. Section 403.508(3), F.S., provides: shall constitute the sole license of the state and any agency as to the
determinations on the consistency of the substation sites with existing approval of the site and the construction and operation of the proposed
land use plans and zoning ordinances that were in effect on the date the (a) Parties to the proceeding shall be: Progress Energy Florida; the Public electrical power plant project and associated facilities, except for the
application was filed. Additional public notice of the local government Service Commission; the Department of Community Affairs; the Fish and issuance of department licenses required under any federally delegated
land use determinations will be provided. A land use and zoning hearing Wildlife Conservation Commission; each water management district in or approved permit program and except as otherwise provided in
will be held if any of those determinations are disputed. The FDEP will the jurisdiction of which the proposed power plant or associated facilities subsection 403.511(4), Florida Statutes, which relates to certain powers
prepare a Project Analysis that will contain copies of studies and reports are to be located; the Florida Department of Environmental Protection; the of the Florida Public Service Commission and rights of local government.
prepared by the reviewing agencies, the recommendation of the regional planning councils in the jurisdiction of which the proposed power
plant or associated facilities are to be located; the local governments in (b) The certification shall authorize PEF to construct and operate the
department as to the disposition of the application for site certification proposed electrical power plant project and associated facilities, subject
and any proposed conditions of certification. A certification hearing will the jurisdiction of which the proposed power plant or associated facilities
are to be located; and the Department of Transportation. only to the conditions of certification set forth in such certification, and
be held in approximately eight months at a location in proximity to the except for the issuance of FDEP licenses or permits required under any
Levy Nuclear Plant site and possibly other locations along the transmis- (b) Any statutory party listed in paragraph (a), other than the FDEP or federally delegated or approved permit program.
sion line corridors unless the parties to this proceeding agree that there PEF, may waive its right to participate in these proceedings. If any listed
are no disputed issues of fact or law to be raised at the certification party fails to file a notice of its intent to be a party on or before the 30th (c) In regard to variances or other relief, Section 403.507(3) (a), F.S., and
hearing. If held, the final site certification hearing will be conducted by day before the certification hearing, the statutory party is deemed to Rule 62-17.133(2), F.A.C., require that agencies identify in their reports
an administrative law judge from DOAH. A notice stating the date, time have waived its right to be a party unless its participation would not on the Project any needed variances or other relief from nonprocedural
and location of the certification hearing will be published in this prejudice the rights of any party to the proceeding. standards of the agencies. Failure to provide such notice shall be treated
newspaper at least 65 days before the date set for the hearing. The as a waiver from nonprocedural requirements of FDEP or any other
(c) Notwithstanding the provisions of Chapter 120, F.S., upon the filing with agency. However, no variance shall be granted from standards or
Administrative Law Judge will receive testimony and evidence from the the Administrative Law Judge of a notice of intent to be a party no later
parties and the public at the certification hearing. If timely requested by regulations of the FDEP applicable under any federally delegated or
than August 18, 2008 (which is 75 days after the application was filed on approved permit program, except as expressly allowed in such program.
a local government, a public hearing where members of the public may June 2, 2008), the following shall also be parties to the proceeding:
testify to relevant facts and subject to cross-examination and rebuttal by 12. PEF has also submitted an application to FDEP for both a federally
all parties shall be held in each county through which the transmission 1. Any agency not listed in paragraph (a) as to matters within its required prevention of significant deterioration (PSD) permit and a
line corridors pass as part of the certification hearing; however, the jurisdiction. federally required National Pollutant Discharge Elimination System
public should be aware that the majority of the testimony and evidence 2. Any domestic nonprofit corporation or association formed, in whole permit for the project. Those applications are included in the site
in the case will be heard at the centrally located certification hearing. or in part, to promote conservation or natural beauty; to protect the certification application. Those permits will be reviewed and issued by
After the hearing, the Administrative Law Judge will issue a environment, personal health or other biological values; to preserve FDEP separately from any site certification.
recommended order for consideration by the Siting Board, consisting historical sites; to promote consumer interests; to represent labor, 13. This public notice is also provided in compliance with the Federal
of Florida’s governor and Cabinet, which will render the final decision commercial or industrial groups; or to promote comprehensive Coastal Zone Management Act, as specified in 15 CFR Part 930, Subpart
whether to grant certification for the Project under the PPSA. If no planning or orderly development of the area in which the proposed D. Public comments on the Applicant’s federal consistency
certification hearing is required, final action on the application for site electrical power plant is to be located. certification should be directed to Lynn Griffin, Coordinator, Florida
certification will be taken by the FDEP Secretary.
(d) Notwithstanding paragraph (e), failure of an agency described in Coastal Management Program, Department of Environmental Protection,
5. The Application for Site Certification is available for public inspection subparagraph (c)1. to file a notice of intent to be a party within the time 3900 Commonwealth Blvd., M.S. 47, Douglas Building, Tallahassee,
during normal business hours at the addresses listed below: provided herein shall constitute a waiver of the right of that agency to Florida 32399-3000.
Florida Dept. of Environmental Protection participate as a party in the proceeding. If you would like to receive periodic updates related to the Levy Nuclear
Office of Siting Coordination (e) Other parties may include any person, including those persons Project, please call PEF at 888-840-0014 with your contact information
Cindy Mulkey enumerated in paragraph (c) above who have failed to timely file a or send an e-mail to the firstname.lastname@example.org requesting
2600 Blair Stone Road notice of intent to be a party, whose substantial interests are affected placement on PEF’s mailing list. Current project information can
Tallahassee, FL 32399-2400 and being determined by the proceeding and who timely file a motion to also be found on PEF’s Web site located at progress-energy.com/
(850-245-8002) intervene pursuant to Chapter 120, F.S., and applicable rules. energyplanning.
www.dep.state.fl.us/siting/highlights/application_in_process.htm Intervention pursuant to this paragraph may be granted at the discretion
of the designated Administrative Law Judge and upon such conditions
as he or she may prescribe any time prior to 30 days before the
commencement of the certification hearing.