1.    What is the difference between a 'Permit' and 'Certification'?

The terms 'Permit' and 'Certification' are defined by statutes.  Permits are typically authorizations to construct or operate a facility that has the potential to cause harm to the public health or environment. They are governed by the protective standards and criteria established by statute or rule, media specific, valid for a fixed duration, and issued by an Agency Head. State, regional, and local permits may be required for any given facility. 'Certifications' for energy facilities are defined by the various siting acts to be facility-wide, covering almost every aspect of the facility as an all-in-one license, and are the sole state, regional, or local license required for construction and operation of the certified facility.  As such, the state pre-empts the issuance of any other type of permit for the facility, except for local zoning and building.  Certifications are intended to protect the public health and environment, but they must also balance this protection with the benefits to the public of a ready and reliable source of energy. Furthermore, a Certification is granted for the life of the facility by the Siting Board, which is comprised of the Governor and Cabinet.

2.    Is a Certification issued by the Department of Environmental Protection (DEP)?

No. The Department of Environmental Protection does not issue ‘Certifications’. They are granted by the Siting Board which is comprised of the Governor and Cabinet.  The Siting Coordination Office (SCO) at DEP acts as the process administrator and coordinator.

3.    Does the Department of Environmental Protection work with other Agencies in developing proposed Conditions of Certification

Yes, the Siting Coordination Office, within DEP, coordinates with other DEP Divisions (e.g.  Water Resources Management, Waste Management, Air Resources Management, State Lands) as well as with other State Agencies (e.g. Dept of Transportation, Fish and Wildlife Conservation Commission, Public Service Commission, Dept of State, Dept. of Community Affairs, Dept. of Agriculture and Consumer Services), Regional Agencies (e.g. Water Management Districts, Regional Planning Councils), Local Governments,  Federal Agencies (e.g. Environmental Protection Agency, National Park Service, Fish and Wildlife Service), community and environmental organizations, and the general public.

4.    Can the public participate in the certification process?

Yes. Upon demonstrating that he or she, or his or her property is substantially affected by the proposed certification, a person may request to become a party to the certification proceeding, There also may be an opportunity for the public to present opinion or factual testimony at a Public Hearing presided over by an Administrative Law Judge, if the Judge chooses to allow such testimony. The public may also submit written comments to the SCO.

5.    Does the Department of Environmental Protection have compliance and enforcement authority regarding ‘Certifications’?

Yes.  Under the Florida Statutes, a violation of a condition of certification is considered to be a violation of Chapter 403, which is enforced by the Department of Environmental Protection.  Such authority may not be delegated except to another state agency.  The Siting Coordination Office is responsible for coordinating between the Siting Board and any delegated authority to ensure that any necessary changes to a certification are effected if required by the outcome of an enforcement action.

6.    After having been granted, can a ‘Certification’ be altered in any way?

Yes. There are three basic ways in which a ‘Certification’ can be altered:  1) Amendment, which is a material change to the application for site certification that does not require a change in the final order or conditions of certification. Amendments  can be authorized by the Siting Coordination Office.  2) Modification, which is a substantive change in the certification order including any substantive change in the conditions of certification. Proposed modifications are reviewed by all parties to the certification proceedings and are issued by DEP or the Siting Board after public notice . 3) Direct action by the Siting Board who may issue a revised order and Conditions of Certification, or who may revoke a certification.

7.    Who determines that a power plant is necessary?

The utility typically makes the initial decision on how to satisfy the need for power, and whether a new facility should be built.  For projects subject to the Florida Electrical Power Plant Siting Act (PPSA), the utility must provide a justification to the Florida Public Service Commission.  It is the Commission that ultimately approves the Need.

8.    Which power plants are subject to the Power Plant Siting Act?

All power plants built after October 1, 1973 which use solar energy to generate electric power or which use steam turbines to generate 75 MW or more of electric power.

9.    Which transmission lines are subject to the Transmission Line Siting Act?

Transmission lines for which all construction is limited to established rights of way, and   transmission lines that do not cross a county line or which are less than 15 miles in length are exempt from the Transmission Line Siting Act (TLSA). Also, some transmission lines may be certified under the Power Plant Siting Act, regardless of size or length, and so are exempt from the TLSA.  With a few other minor exceptions, all other transmission lines conducting 230 kV or more require certification subject to the Siting Act.

10. What is the difference between a transmission line and a distribution line?

Distribution lines conduct less than 15 kV and comprise the network that delivers electric power to residential and commercial end users. Transmission lines transmit 15 kV or more and deliver electric power over long distances – from the power plants to the sub-stations that connect the transmission network to the distribution network.

11. Who determines that a transmission line is necessary?

The utility typically makes the initial decision on how to satisfy the need for the ability to transmit bulk power from one location to another, and whether a new transmission line should be built.  For projects subject to the Transmission Line Siting Act (TLSA), the utility must provide a justification to the Florida Public Service Commission. It is the Commission that ultimately approves the Need.

12.  Who regulates the location of Transmission lines not subject to a Siting Act?

The locations of transmission lines exempt from the Transmission Line Siting Act and Power Plant Siting Act are not governed by local zoning ordinances and comprehensive plans. However, these lines are subject to other permitting requirements (e.g. environmental resource permits). All of these lines must also comply with the EMF criteria – regulated by the Siting Coordination Office.

13.  What is EMF?

EMF is an acronym for electric and magnetic fields. These force fields are created when electricity moves through a conductor (wire).

14.  What are the health risks from EMF?

There is anecdotal evidence that prolonged exposure to power line frequency EMF results in an increased incidence of certain cancers. However, formal research efforts have not identified any definitive link between EMF exposure and cancer risk. For more information visit the National Institute for Environmental Health Sciences web site.

15.  How are EMF regulated?

The State has promulgated rules that set numerical criteria for the maximum magnitude of both electric and magnetic fields that are allowable at the edge of a transmission line right-of-way. Utilities must submit compliance reports to the SCO for all new transmission lines constructed in the State.