Fla. Admin. Code Ann. R. 62-807.530 - Alternate Corridors, Criteria for Rejection
(1) In accordance with Section
403.9412, F.S., alternate
corridors to those proposed by the applicant may be filed by parties to the
proceedings, initiating a special review process. In comparison, the
application may contain primary and secondary corridors which are distinct from
the alternate corridors described herein; these corridors are to be addressed
as part of the original application review procedures.
(2) There is no requirement that an agency
file an alternate corridor proposal, if it intends to recommend denial of the
applicant's proposed corridor.
(3)
The filing of an alternate corridor does not reopen for additional review other
parts of the corridor for which an alternate has not been proposed.
(4) The Department shall reject a proposed
alternate corridor if one or more of the following criteria is met:
(a) The alternate does not have appropriate
end points which connect to the remainder of the natural gas transmission
pipeline;
(b) The quality of the
documents presented in support of a proposed alternate corridor render all or
part of the material illegible, or
(c) The information required by Section
403.9412(1)(a),
F.S. has not been submitted; however, this will be without prejudice to refile
within the deadlines set forth in Section
403.9412,
F.S.
(5) Acceptance by
the Department of an alternate corridor proposed for consideration pursuant to
Section 403.9412(1),
F.S., above shall not require the Department to support or oppose certification
of such alternate corridor.
(6)
Acceptance by the applicant of an alternate corridor proposed for certification
shall not require the applicant to support or oppose certification of such
alternate corridor.
(7) The
alternate corridor proponent's information submittals pursuant to Section
403.9412(1)(d),
F.S., must address the same issues as the original application which are
applicable, although such submittals can cross-reference to the original
application in regards to data which is basically identical. The level of
detail of the alternate corridor proponent's information submittals pursuant to
Section 403.9412(1)(d),
F.S., must be commensurate with the scale of change in comparison to the
applicant's original application. For example, if an alternate corridor would
shift the corridor several hundred feet from the original proposal, for a
distance of a thousand feet, and overlaps slightly with the original corridor,
much of the original application information may address the requisite
information for the proposed alternate corridor in that area. Cross-referencing
to the application in such scenarios will be adequate in most instances. On the
other hand, an alternate that shifts the corridor several miles from where
originally proposed that is not joined with the other parts of the corridor not
in dispute, would require substantially new, detailed information.
(8) Within seven days after determining that
the data submitted is sufficient and thus the review of the alternate must
continue, the department must prepare a schedule of significant dates to be
followed during the rescheduled certification proceedings including dates for
filing notices of appearances to be a party pursuant to Section
403.9411(4),
F.S.
(9) Local government
informational meetings pursuant to Section
403.9424, F.S., may be held no
later than 60 days after the notice of filing of an
alternate.
Notes
Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9412 FS.
New 8-12-93, Formerly 17-807.530, Amended 3-3-15.
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