Fla. Admin. Code Ann. R. 62-17.680 - Modification of Certification

(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 Section 403.5315, F.S.

(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 Section 403.522(10), F.S., 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 Section 403.5315(2), F.S.

(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 Rule 62-17.750, F.A.C.

(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 Chapter 120, F.S., shall govern.

Notes

Fla. Admin. Code Ann. R. 62-17.680

Rulemaking Authority 403.523(1) FS. Law Implemented 403.5315 FS.

New 11-20-80, Amended 6-26-84, Formerly 17-17.68, 17-17.680, Amended 5-24-10, 5-9-13.

New 11-20-80, Amended 6-26-84, Formerly 17-17.68, 17-17.680, Amended 5-24-10, 5-9-13.