| 1 | Representative Traviesa offered the following: |
| 2 |
|
| 3 | Substitute Amendment for Amendment (670507) (with title |
| 4 | amendment) |
| 5 | Remove lines 115-208 and insert: |
| 6 | Section 2. Subsection (4) is added to section 403.502, |
| 7 | Florida Statutes, to read: |
| 8 | 403.502 Legislative intent.--The Legislature finds that |
| 9 | the present and predicted growth in electric power demands in |
| 10 | this state requires the development of a procedure for the |
| 11 | selection and utilization of sites for electrical generating |
| 12 | facilities and the identification of a state position with |
| 13 | respect to each proposed site. The Legislature recognizes that |
| 14 | the selection of sites and the routing of associated |
| 15 | transmission lines will have a significant impact upon the |
| 16 | welfare of the population, the location and growth of industry, |
| 17 | and the use of the natural resources of the state. The |
| 18 | Legislature finds that the efficiency of the permit application |
| 19 | and review process at both the state and local level would be |
| 20 | improved with the implementation of a process whereby a permit |
| 21 | application would be centrally coordinated and all permit |
| 22 | decisions could be reviewed on the basis of standards and |
| 23 | recommendations of the deciding agencies. It is the policy of |
| 24 | this state that, while recognizing the pressing need for |
| 25 | increased power generation facilities, the state shall ensure |
| 26 | through available and reasonable methods that the location and |
| 27 | operation of electrical power plants will produce minimal |
| 28 | adverse effects on human health, the environment, the ecology of |
| 29 | the land and its wildlife, and the ecology of state waters and |
| 30 | their aquatic life and will not unduly conflict with the goals |
| 31 | established by the applicable local comprehensive plans. It is |
| 32 | the intent to seek courses of action that will fully balance the |
| 33 | increasing demands for electrical power plant location and |
| 34 | operation with the broad interests of the public. Such action |
| 35 | will be based on these premises: |
| 36 | (4) To assure the citizens of Florida that renewable |
| 37 | energy sources and technologies, as well as conservation |
| 38 | measures, are utilized to the extent practicable. |
| 39 | Section 3. Subsections (3) and (4) of section 403.519, |
| 40 | Florida 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 |
| 43 | determination of this matter, which accordingly shall not be |
| 44 | raised in any other forum or in the review of proceedings in |
| 45 | such other forum. In making its determination, the commission |
| 46 | shall take into account the need for electric system reliability |
| 47 | and integrity, the need for adequate electricity at a reasonable |
| 48 | cost, the need for fuel diversity and supply reliability, and |
| 49 | whether the proposed plant is the most cost-effective |
| 50 | alternative available, and whether renewable energy sources and |
| 51 | technologies, as well as conservation measures, are utilized to |
| 52 | the extent practicable. The commission shall also expressly |
| 53 | consider the conservation measures taken by or reasonably |
| 54 | available to the applicant or its members which might mitigate |
| 55 | the need for the proposed plant and other matters within its |
| 56 | jurisdiction which it deems relevant. The commission's |
| 57 | determination of need for an electrical power plant shall create |
| 58 | a presumption of public need and necessity and shall serve as |
| 59 | the commission's report required by s. 403.507(4). An order |
| 60 | entered pursuant to this section constitutes final agency |
| 61 | action. |
| 62 | (4) In making its determination on a proposed electrical |
| 63 | power plant using nuclear materials or synthesis gas produced by |
| 64 | integrated gasification combined cycle power plant as fuel, the |
| 65 | commission shall hold a hearing within 90 days after the filing |
| 66 | of the petition to determine need and shall issue an order |
| 67 | granting or denying the petition within 135 days after the date |
| 68 | of the filing of the petition. The commission shall be the sole |
| 69 | forum for the determination of this matter and the issues |
| 70 | addressed in the petition, which accordingly shall not be |
| 71 | reviewed in any other forum, or in the review of proceedings in |
| 72 | such other forum. In making its determination to either grant or |
| 73 | deny the petition, the commission shall consider the need for |
| 74 | electric system reliability and integrity, including fuel |
| 75 | diversity, the need for base-load generating capacity, and the |
| 76 | need for adequate electricity at a reasonable cost, and whether |
| 77 | renewable energy sources and technologies, as well as |
| 78 | conservation 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 |
| 82 | gasification combined cycle power plant will enhance the |
| 83 | reliability of electric power production within the state by |
| 84 | improving the balance of power plant fuel diversity and reducing |
| 85 | Florida's dependence on fuel oil and natural gas. |
| 86 | 3. A description of and a nonbinding estimate of the cost |
| 87 | of the nuclear or integrated gasification combined cycle power |
| 88 | plant. |
| 89 | 4. The annualized base revenue requirement for the first |
| 90 | 12 months of operation of the nuclear or integrated gasification |
| 91 | combined cycle power plant. |
| 92 | 5. Information on whether there were any discussions with |
| 93 | any electric utilities regarding ownership of a portion of the |
| 94 | nuclear or integrated gasification combined cycle power plant by |
| 95 | such electric utilities. |
| 96 | (b) In making its determination, the commission shall take |
| 97 | into account matters within its jurisdiction, which it deems |
| 98 | relevant, including whether the nuclear or integrated |
| 99 | gasification combined cycle power plant will: |
| 100 | 1. Provide needed base-load capacity. |
| 101 | 2. Enhance the reliability of electric power production |
| 102 | within the state by improving the balance of power plant fuel |
| 103 | diversity and reducing Florida's dependence on fuel oil and |
| 104 | natural gas. |
| 105 | 3. Provide the most cost-effective source of power, taking |
| 106 | into account the need to improve the balance of fuel diversity, |
| 107 | reduce Florida's dependence on fuel oil and natural gas, reduce |
| 108 | air emission compliance costs, and contribute to the long-term |
| 109 | stability and reliability of the electric grid. |
| 110 | (c) No provision of rule 25-22.082, Florida Administrative |
| 111 | Code, shall be applicable to a nuclear or integrated |
| 112 | gasification combined cycle power plant sited under this act, |
| 113 | including provisions for cost recovery, and an applicant shall |
| 114 | not otherwise be required to secure competitive proposals for |
| 115 | power supply prior to making application under this act or |
| 116 | receiving a determination of need from the commission. |
| 117 | (d) The commission's determination of need for a nuclear |
| 118 | or integrated gasification combined cycle power plant shall |
| 119 | create a presumption of public need and necessity and shall |
| 120 | serve as the commission's report required by s. 403.507(4)(a). |
| 121 | An order entered pursuant to this section constitutes final |
| 122 | agency action. Any petition for reconsideration of a final order |
| 123 | on a petition for need determination shall be filed within 5 |
| 124 | days after the date of such order. The commission's final order, |
| 125 | including any order on reconsideration, shall be reviewable on |
| 126 | appeal in the Florida Supreme Court. Inasmuch as delay in the |
| 127 | determination of need will delay siting of a nuclear or |
| 128 | integrated gasification combined cycle power plant or diminish |
| 129 | the opportunity for savings to customers under the federal |
| 130 | Energy Policy Act of 2005, the Supreme Court shall proceed to |
| 131 | hear and determine the action as expeditiously as practicable |
| 132 | and give the action precedence over matters not accorded similar |
| 133 | precedence by law. |
| 134 | (e) After a petition for determination of need for a |
| 135 | nuclear or integrated gasification combined cycle power plant |
| 136 | has been granted, the right of a utility to recover any costs |
| 137 | incurred prior to commercial operation, including, but not |
| 138 | limited to, costs associated with the siting, design, licensing, |
| 139 | or construction of the plant, shall not be subject to challenge |
| 140 | unless and only to the extent the commission finds, based on a |
| 141 | preponderance of the evidence adduced at a hearing before the |
| 142 | commission under s. 120.57, that certain costs were imprudently |
| 143 | incurred. Proceeding with the construction of the nuclear or |
| 144 | integrated gasification combined cycle power plant following an |
| 145 | order by the commission approving the need for the nuclear or |
| 146 | integrated gasification combined cycle power plant under this |
| 147 | act shall not constitute or be evidence of imprudence. |
| 148 | Imprudence shall not include any cost increases due to events |
| 149 | beyond the utility's control. Further, a utility's right to |
| 150 | recover costs associated with a nuclear or integrated |
| 151 | gasification combined cycle power plant may not be raised in any |
| 152 | other forum or in the review of proceedings in such other forum. |
| 153 | Costs incurred prior to commercial operation shall be recovered |
| 154 | pursuant to chapter 366. |
| 155 |
|
| 156 |
|
| 157 | =========== T I T L E A M E N D M E N T ======== |
| 158 | Remove lines 8-12 and insert: |
| 159 | report; amending s. 403.502, F.S.; providing legislative |
| 160 | intent for the consideration of renewable energy sources |
| 161 | and technologies and conservation measures in actions |
| 162 | related to electrical power plant and transmission line |
| 163 | siting; amending s. 403.519, F.S.; providing requirements |
| 164 | and procedures for determination of need for integrated |
| 165 | gasification combined cycle power plants; requiring |
| 166 | consideration of renewable energy sources and technologies |
| 167 | and conservation measures in power plant siting |
| 168 | determinations; providing an exemption from purchased |
| 169 | power supply bid rules under certain circumstances; |
| 170 | providing an effective date. |