Miscellaneous

DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PROPOSED MODIFICATION OF POWER PLANT CERTIFICATION

The Florida Department of Environmental Protection (Department) hereby provides notice of an intent to modify the Power Plant Site Certification and Conditions of Certification (COC) issued pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403.501 et seq., Florida Statutes (F.S.), concerning: Levy Nuclear Project, Power Plant Siting Application No.: PA08-51, OGC Case No.: 10-1554. On April 30, 2010 the Department received a request to modify the Certification and COC for the Levy Nuclear Project from Progress Energy Florida (PEF) pursuant to Section 403.516(1)(c), F.S., to alter the certified corridor for the cooling water makeup pipelines, the wastewater/blowdown pipelines and the heavy haul road. On August 11, 2010 the Department received a request from the Florida Fish and Wildlife Conservation Commission (FWC) to modify certain COC including FWC monitoring and reporting requirements. The Department proposes to modify the COC to reflect the corridor alteration, make the recommended FWC changes, and to incorporate Department initiated updates to the COC. A copy of the proposed modification may be obtained by contacting: Michael P. Halpin, P.E., Administrator, Siting Coordination Office, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 48, Tallahassee, Florida 32399-3000, (850)245-2002. Pursuant to Section 403.516(1)(c)2., F.S., parties to the certification hearing have 45 days from issuance of notice to such party’s last address of record in which to object to the proposed modification. Failure of any of the parties to file a response will constitute a waiver of objection to the requested modification. Pursuant to Section 403.516(1)(c)2., F.S., any person who is not already a party to the certification hearing and whose substantial interest is affected by the proposed modification has 30 days from the date of publication of this public notice to object in writing. Any written objection must be filed (received) in the: Office of General Counsel of the Department at 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000. If no objections are received, then a Final Order approving the modification shall be issued by the Department. If objections are raised and agreement cannot be subsequently reached, then pursuant to Section 403.516(1)(c)3., F.S., and Rule 62-17.211, Florida Administrative Code (F.A.C.), PEF or the Department may file a request for a hearing with the Department and the Division of Administrative Hearings on those portions of the proposed modification to which written objections were timely filed. The request for hearing will be handled pursuant to Chapter 120, F.S., and in accordance with Section 403.516(1)(c)4., F.S., and subparagraph 62-17.211(1)(b)7., F.A.C. Mediation is not available in this proceeding.