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1 AGENDA SITING BOARD DEPARTMENT OF ENVIRONMENTAL PROTECTION NOVEMBER 20, 2018 Attachments to the items below can be viewed at the following link: Item 1 Minutes Submittal of the Minutes from the March 29, 2016 Cabinet Meeting. VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. (See Attachment 1 at RECOMMEND APPROVAL * Item 2 Florida Power & Light Company Final Order for Certification/Dania Beach Energy Center Unit 7 REQUEST: Consideration of a Final Order for certification, under Chapter 403, Part II, F.S., to Florida Power & Light Company for the licensing to construct and operate its Dania Beach Energy Center Unit 7 ( DBEC or Project ), a nominal 1200-megawatt (MW) combined cycle natural gas-fired generating unit and associated support facilities at the existing Lauderdale Site. VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. COUNTY: Broward APPLICANT: Florida Power & Light Company (FPL) LOCATION: The Lauderdale Site is an existing electrical generating facility owned and operated by FPL located on approximately 392-acres within the City of Dania Beach and the City of Hollywood in Broward County and has been commercially operating as a power plant since the 1920s. The Lauderdale Site is located approximately one mile to the west of Interstate 95 (I-95) and the Fort Lauderdale-Hollywood International Airport and approximately ¼ mile to the south of Interstate 595. Refer to Attachments 1 and 2 for the location maps of the existing FPL Lauderdale Power Plant and Attachment 3 for the location of the proposed DBEC. STAFF REMARKS: The procedures and requirements for granting or denying a certification to construct, operate and maintain certain electrical power generating facilities in the state of Florida are set forth in the Florida Electrical Power Plant Siting Act (PPSA) in Sections , Florida Statutes, and Chapter 62-17, Florida Administrative Code. Pursuant to Section , Florida Statutes, construction of any new electrical power plant meeting applicable thresholds after October 1, 1973, necessitates certification under the PPSA. The scope of a certification under this

2 Page Two Item 2, cont. act includes all state and local requirements. All federal permits are processed separately. Section (3), Florida Statutes, outlines the criteria which the Siting Board shall consider in determining whether a proposed power plant project should be approved, approved with conditions, or denied. Specifically, Section (3), Florida Statutes, provides that the Siting Board must consider whether, and the extent to which, the location, construction, and operation of the Project will: (a) Provide reasonable assurance that operational safeguards are technically sufficient for the public welfare and protection. (b) Comply with applicable nonprocedural requirements of agencies. (c) Be consistent with applicable local government comprehensive plans and land development regulations. (d) Meet the electrical energy needs of the state in an orderly, reliable, and timely fashion. (e) Effect a reasonable balance between the need for the facility as established pursuant to s and the impacts upon air and water quality, fish and wildlife, water resources, and other natural resources of the state resulting from the construction and operation of the facility. (f) Minimize, through the use of reasonable and available methods, the adverse effects on human health, the environment, and the ecology of the land and its wildlife and the ecology of state waters and their aquatic life. (g) Serve and protect the broad interests of the public. Background On July 27, 2017 FPL submitted a Site Certification Application (SCA) for the construction and operation of a natural gas fired, electrical power plant (DBEC) under PPSA to generate 1200 megawatts of net electrical energy at its Lauderdale Site. The Lauderdale Site consists of five electrical power generation: Units 4 and 5 (consisting of four combined cycle units); Unit 6 (single cycle combustion turbine used during periods of peak demand); and two 35 megawatt units. DBEC will replace the existing Lauderdale Units 4 and 5. Because the DBEC project is located within the boundaries of a previously certified, existing Lauderdale Site and FPL is not proposing to expand the existing Lauderdale Site, a land use and zoning determination is not required for the Project. Agency Coordination Pursuant to Section , F.S., the Florida Public Service Commission issued a Final Order affirmatively finding a need for DBEC (PSC FOF-EM) on March 19, The Department s Siting Coordination Office distributed the application to all affected agencies: South Florida Water Management District, Florida Fish and Wildlife Conservation Commission, Florida Department of Transportation, Florida Department of Economic Opportunity, the Florida

3 Page Three Item 2, cont. Department of State Division of Historical Resources,, Broward County, the City of Dania Beach, and the City of Hollywood. All the reviewing agencies recommended approval or had no objections to the Project upon FPL complying with the proposed Conditions of Certification. Federal Requirements Federal approvals/permits required prior to construction include a Prevention of Significant Deterioration (PSD) permit and a National Pollutant Discharge Elimination System (NPDES) permit. DEP issued the final PSD permit on December 4, 2017 and FPL has applied for an NPDES permit. Noticing Requirements FPL notified the public through direct mailing to approximately 67,300 residents located within a three-mile radius of the proposed project in accordance with s (6), F.S. All required notices were published in the Sun Sentinel by FPL: Notice of Filing of Application on August 17, 2017 Notice of Certification Hearing on March 9, 2018 FPL also held a public open house on May 24, Additionally, DEP published notices of the application, the certification hearing, and public testimony hearing in the Florida Administrative Register. Sierra Club Intervention On April 16, 2018, Sierra Club filed a Petition to Intervene pursuant to Section (3)(e), Florida Statutes, in the DBEC Power Plant Siting Case with DOAH. Sierra is a national non-profit environmental advocacy organization. A key component of Sierra's mission is to advocate for the use of clean energy sources. Sierra Club was granted intervenor status pursuant to section (3)(e), subject to proving that its substantial interests are affected at the certification hearing. Certification Hearing and Recommended Order The Certification Hearing was held on May 15-18, in Davie, Florida before Administrative Law Judge Cathy Sellers with FPL, DEP and Sierra Club presenting witnesses. The public hearing portion was held on May 16, with thirty-one members of the public providing testimony. On July 30, 2018, Judge Sellers recommended that the Siting Board enter a Final Order approving the project for final certification subject to the proposed Conditions of Certification. In recommending approval, the ALJ made the following relevant findings of fact in the Recommended Order:

4 Page Four Item 2, cont. 66. The competent, credible evidence established that replacing Units 4 and 5 with Unit 7 will reduce the emissions of nitrogen oxides, PM10 and PM2.5, volatile organic compounds, sulfur dioxide, and carbon monoxide by approximately 6.6 million pounds for the period from 2018 to Additionally, the credible evidence established that the operation Unit 7 will result in a system-wide reduction of GHG emissions for the period from 2018 to The construction and operation of DBEC will not adversely impact water resources Because DBEC will, through system-wide reduced GHG emissions, result in a net environmental benefit as compared to the alternative of continuing to operate Units 4 and 5 indefinitely into the future, DBEC should be weighed as a net positive in considering and balancing the site certification criteria in section (3) In sum, the undersigned finds that DBEC's benefits, discussed at length above, outweigh its adverse impacts. This determination is more fully addressed in the Conclusions of Law, below. Final Order A Final Order will be provided prior to the Siting Board meeting. * Item 3 Florida Power & Light Company Final Order on Remand/Turkey Point Power Plant Units 6 & 7 REQUEST: Consideration of a Final Order, on remand from the Third District Court of Appeals, regarding Florida Power & Light Company s (FPL) application for the certification of the proposed Florida Power and Light Company, Turkey Point Units 6 & 7 Power Plant Siting Application No. PA 03-45A3, OGC Case No , Division of Administrative Hearings Case No EPP pursuant to the Florida Power Plant Siting Act, Sections , Florida Statutes. VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. COUNTY: Miami-Dade APPLICANT: Florida Power & Light Company LOCATION: Turkey Point Power Plant (TPP) is located on a 9,400-acre site in unincorporated southeastern Miami-Dade County, Florida. The site is bordered on the west and south by the 13,000-acre FPL Everglades Mitigation Bank (EMB). The South Florida Water Management District L-31E Canal also lies to the west. The site is bordered on the east by Biscayne National Park and Biscayne Bay Aquatic Preserve, and to the north by the Miami-Dade County Homestead Bayfront Park. The southeastern portion of the property is bound by state-owned land located on

5 Page Five Item 3, cont. Card Sound. The City of Homestead and Florida City are located approximately five and one half miles and nine miles to the west of the TPP site, respectively. STAFF REMARKS: This matter was remanded to the Siting Board for further review consistent with the Third District Court of Appeals (3 rd DCA) opinion in Miami-Dade County v. In re: Florida Power & Light Co., 208 So. 3d 111 (3rd DCA 2016). The 3 rd DCA reversed the Siting Board s Final Order on Certification of May 19, 2014, as to FPL s East Preferred Corridor and the West Preferred Corridor and remanded this case back to the Siting Board for further review consistent with: (1) applicable local government land development regulations; (2) its authority to require FPL to install transmission lines underground at FPL s expense; and (3) Miami-Dade County s East Everglades Ordinance with respect to the West Preferred Corridor. Background Florida Power and Light Company (FPL) filed its Site Certification Application (SCA) on June 30, 2009, with the s (Department) Siting Coordination Office to locate, construct and operate two new nuclear generating units (Turkey Point Units 6 and 7) and supporting facilities on a site within FPL s existing Turkey Point plant property, as well as new electrical transmission lines and other off-site associated linear and nonlinear facilities (Project) in Miami-Dade County. FPL proposed approximately 88.7 miles of transmission line corridors, including 52 miles in the West Preferred Corridor and 36.7 miles in the East Preferred Corridor to deliver the additional electricity generated at the plant site. Prior to filing the SCA, the Florida Public Service Commission issued an affirmative need determination order for the Project. After the review and comment of the affected agencies, the Department issued a Project Analysis Report (PAR) on the Project recommending certification. An Administrative Law Judge (ALJ) from the Division of Administrative Hearings held eightweek long certification hearing in July October The primary focus of the parties 1 at the certification hearing was the location of the proposed transmission line corridors and the associated conditions of certification. On December 5, 2013, the ALJ issued a 332-page Recommended Order with extensive findings of facts and conclusions of law finding that FPL proved entitlement to the site certification under the Power Plant Siting Act (PPSA) for the Project, including the plant and the transmission line facilities. Specifically, the ALJ recommended that the Siting Board take the following actions: 1 There were 23 parties to the certification hearing: FPL,, Board of Trustees of the Internal Improvement Trust Fund (BOT), Department of Transportation, Miami-Dade County Express Authority (MDX), Florida Fish and Wildlife Conservation Commission (FWC), South Florida Water Management District (SFWMD), South Florida Regional Planning Council (SFRPC), Miami-Dade County (MDC), Monroe County, Coral Gables, Doral, City of Miami, South Miami, Medley, Pinecrest, Coconut Grove Village Council, Kendale Homeowners Association, Miami-Dade Limestone Products Association (MDLPA), National Parks Conservation Association (NPCA), Limonar Development, Inc., and Wonderly Holdings, Inc. (Collectively Limonar), White Rock Quarries, and Kendall Federation of Homeowners Associations, Inc.

6 Page Six Item 3, cont. 1) certify the location, construction, and operation of Turkey Point Units 6 and 7 Project (2,200 megawatt nuclear generating facility), including associated electrical transmission lines and other associated linear facilities subject to the Conditions of Certification; 2 2) certify the East Preferred Corridor; 3) certify the West Consensus Corridor/MDLPA No. 2; and 4) certify the West Preferred Corridor as a back-up is an adequate right-of-way within the West Consensus Corridor/MDLPA No. 2 cannot be secured in a timely manner and at a reasonable cost. After issuance of the Recommended Order the parties opposed to its recommendation of certification filed numerous exceptions with the Siting Board. On May 19, 2014, the Siting Board issued a Final Order on Certification, adopting the ALJ s Recommended Order and ultimate recommendation certifying the location, construction, and operation of Turkey Point Units 6 and 7 Project (2,200 megawatt nuclear generating facility), including associated electrical transmission lines and other associated linear facilities subject to the Conditions of Certification. Miami-Dade County, City of South Miami, the Village of Pinecrest, and the City of Miami appealed the Siting Board s Final Order on Certification to the Third District Court of Appeals. City of Miami, Pinecrest, and South Miami argued that the Siting Board did not apply their local government s land use and zoning regulations to the Eastern Preferred Corridor. They also argued that it was within the Siting Board s powers to require undergrounding of transmission lines. Finally, Miami-Dade County contended that the Siting Board incorrectly treated the East Everglades Area of Concern ordinance as a zoning regulation rather than an environmental one and therefore, it was not exempt under the provisions of the PPSA. On April 20, 2016, the Court issued its opinion reversing and remanding Siting Board s Final Order on Certification. In its opinion the Court found the following errors: the Siting Board failed to apply the applicable land development regulations, the Siting Board erroneously thought it did not have the power to require FPL to install the lines underground at FPL's expense, and the Siting Board erred in interpreting the County's East Everglades Ordinance as a zoning regulation, rather than an environmental one. 2 The ALJ also recommended that the Siting Board direct the Board of Trustees of the Internal Improvement Trust Fund (BOT) to grant to FPL three separate easements over state-owned lands, including (1)submerged lands owned by the State of Florida located within Biscayne Bay for the installation of laterals associated with a radial collector well system to supply backup cooling water; (2) submerged lands owned by the State of Florida located within the Miami River for the installation of a subaqueous 230-kV electrical transmission line; and (3) an approximate fouracre parcel of state-owned uplands along the western certified corridor to allow the construction of a 230-kV electrical transmission line. Also that the Siting Board grant FPL a variance from section (6), Miami-Dade County Code, to allow use of the on-site package sanitary treatment plant and other on-site cooling water and wastewater treatment and disposal, in lieu of connecting the Project to a public sanitary sewer line for treatment and disposal of these waters by Miami-Dade County.

7 Page Seven Item 3, cont. Miami-Dade County v. Fla. Power & Light Co., 208 So. 3d 111, 113 (Fla. 3d DCA 2016). The Court, remanded the certification back to the Siting Board to consider the three matters, which are now presently before the Siting Board. Final Order On Remand A Final Order will be provided prior to the Siting Board meeting.