Amendment
Bill No. 0549
Amendment No. 752877
CHAMBER ACTION
Senate House
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1Representative Traviesa offered the following:
2
3     Substitute Amendment for Amendment (670507) (with title
4amendment)
5Remove lines 115-208 and insert:
6     Section 2.  Subsection (4) is added to section 403.502,
7Florida Statutes, to read:
8     403.502  Legislative intent.--The Legislature finds that
9the present and predicted growth in electric power demands in
10this state requires the development of a procedure for the
11selection and utilization of sites for electrical generating
12facilities and the identification of a state position with
13respect to each proposed site. The Legislature recognizes that
14the selection of sites and the routing of associated
15transmission lines will have a significant impact upon the
16welfare of the population, the location and growth of industry,
17and the use of the natural resources of the state. The
18Legislature finds that the efficiency of the permit application
19and review process at both the state and local level would be
20improved with the implementation of a process whereby a permit
21application would be centrally coordinated and all permit
22decisions could be reviewed on the basis of standards and
23recommendations of the deciding agencies. It is the policy of
24this state that, while recognizing the pressing need for
25increased power generation facilities, the state shall ensure
26through available and reasonable methods that the location and
27operation of electrical power plants will produce minimal
28adverse effects on human health, the environment, the ecology of
29the land and its wildlife, and the ecology of state waters and
30their aquatic life and will not unduly conflict with the goals
31established by the applicable local comprehensive plans. It is
32the intent to seek courses of action that will fully balance the
33increasing demands for electrical power plant location and
34operation with the broad interests of the public. Such action
35will be based on these premises:
36     (4)  To assure the citizens of Florida that renewable
37energy sources and technologies, as well as conservation
38measures, are utilized to the extent practicable.
39     Section 3.  Subsections (3) and (4) of section 403.519,
40Florida Statutes, are amended to read:
41     403.519  Exclusive forum for determination of need.--
42     (3)  The commission shall be the sole forum for the
43determination of this matter, which accordingly shall not be
44raised in any other forum or in the review of proceedings in
45such other forum. In making its determination, the commission
46shall take into account the need for electric system reliability
47and integrity, the need for adequate electricity at a reasonable
48cost, the need for fuel diversity and supply reliability, and
49whether the proposed plant is the most cost-effective
50alternative available, and whether renewable energy sources and
51technologies, as well as conservation measures, are utilized to
52the extent practicable. The commission shall also expressly
53consider the conservation measures taken by or reasonably
54available to the applicant or its members which might mitigate
55the need for the proposed plant and other matters within its
56jurisdiction which it deems relevant. The commission's
57determination of need for an electrical power plant shall create
58a presumption of public need and necessity and shall serve as
59the commission's report required by s. 403.507(4). An order
60entered pursuant to this section constitutes final agency
61action.
62     (4)  In making its determination on a proposed electrical
63power plant using nuclear materials or synthesis gas produced by
64integrated gasification combined cycle power plant as fuel, the
65commission shall hold a hearing within 90 days after the filing
66of the petition to determine need and shall issue an order
67granting or denying the petition within 135 days after the date
68of the filing of the petition. The commission shall be the sole
69forum for the determination of this matter and the issues
70addressed in the petition, which accordingly shall not be
71reviewed in any other forum, or in the review of proceedings in
72such other forum. In making its determination to either grant or
73deny the petition, the commission shall consider the need for
74electric system reliability and integrity, including fuel
75diversity, the need for base-load generating capacity, and the
76need for adequate electricity at a reasonable cost, and whether
77renewable energy sources and technologies, as well as
78conservation measures, are utilized to the extent practicable.
79     (a)  The applicant's petition shall include:
80     1.  A description of the need for the generation capacity.
81     2.  A description of how the proposed nuclear or integrated
82gasification combined cycle power plant will enhance the
83reliability of electric power production within the state by
84improving the balance of power plant fuel diversity and reducing
85Florida's dependence on fuel oil and natural gas.
86     3.  A description of and a nonbinding estimate of the cost
87of the nuclear or integrated gasification combined cycle power
88plant.
89     4.  The annualized base revenue requirement for the first
9012 months of operation of the nuclear or integrated gasification
91combined cycle power plant.
92     5.  Information on whether there were any discussions with
93any electric utilities regarding ownership of a portion of the
94nuclear or integrated gasification combined cycle power plant by
95such electric utilities.
96     (b)  In making its determination, the commission shall take
97into account matters within its jurisdiction, which it deems
98relevant, including whether the nuclear or integrated
99gasification combined cycle power plant will:
100     1.  Provide needed base-load capacity.
101     2.  Enhance the reliability of electric power production
102within the state by improving the balance of power plant fuel
103diversity and reducing Florida's dependence on fuel oil and
104natural gas.
105     3.  Provide the most cost-effective source of power, taking
106into account the need to improve the balance of fuel diversity,
107reduce Florida's dependence on fuel oil and natural gas, reduce
108air emission compliance costs, and contribute to the long-term
109stability and reliability of the electric grid.
110     (c)  No provision of rule 25-22.082, Florida Administrative
111Code, shall be applicable to a nuclear or integrated
112gasification combined cycle power plant sited under this act,
113including provisions for cost recovery, and an applicant shall
114not otherwise be required to secure competitive proposals for
115power supply prior to making application under this act or
116receiving a determination of need from the commission.
117     (d)  The commission's determination of need for a nuclear
118or integrated gasification combined cycle power plant shall
119create a presumption of public need and necessity and shall
120serve as the commission's report required by s. 403.507(4)(a).
121An order entered pursuant to this section constitutes final
122agency action. Any petition for reconsideration of a final order
123on a petition for need determination shall be filed within 5
124days after the date of such order. The commission's final order,
125including any order on reconsideration, shall be reviewable on
126appeal in the Florida Supreme Court. Inasmuch as delay in the
127determination of need will delay siting of a nuclear or
128integrated gasification combined cycle power plant or diminish
129the opportunity for savings to customers under the federal
130Energy Policy Act of 2005, the Supreme Court shall proceed to
131hear and determine the action as expeditiously as practicable
132and give the action precedence over matters not accorded similar
133precedence by law.
134     (e)  After a petition for determination of need for a
135nuclear or integrated gasification combined cycle power plant
136has been granted, the right of a utility to recover any costs
137incurred prior to commercial operation, including, but not
138limited to, costs associated with the siting, design, licensing,
139or construction of the plant, shall not be subject to challenge
140unless and only to the extent the commission finds, based on a
141preponderance of the evidence adduced at a hearing before the
142commission under s. 120.57, that certain costs were imprudently
143incurred. Proceeding with the construction of the nuclear or
144integrated gasification combined cycle power plant following an
145order by the commission approving the need for the nuclear or
146integrated gasification combined cycle power plant under this
147act shall not constitute or be evidence of imprudence.
148Imprudence shall not include any cost increases due to events
149beyond the utility's control. Further, a utility's right to
150recover costs associated with a nuclear or integrated
151gasification combined cycle power plant may not be raised in any
152other forum or in the review of proceedings in such other forum.
153Costs incurred prior to commercial operation shall be recovered
154pursuant to chapter 366.
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156
157=========== T I T L E  A M E N D M E N T ========
158     Remove lines 8-12 and insert:
159report; amending s. 403.502, F.S.; providing legislative
160intent for the consideration of renewable energy sources
161and technologies and conservation measures in actions
162related to electrical power plant and transmission line
163siting; amending s. 403.519, F.S.; providing requirements
164and procedures for determination of need for integrated
165gasification combined cycle power plants; requiring
166consideration of renewable energy sources and technologies
167and conservation measures in power plant siting
168determinations; providing an exemption from purchased
169power supply bid rules under certain circumstances;
170providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.