Section 25-22.090 - Natural Gas Transmission Pipeline Permitting Proceedings(1) Proceedings to determine the need for a proposed natural gas transmission pipeline pursuant to Section 403.9422, F.S., shall begin with a petition filed by a new or existing natural gas transmission pipeline company or an order issued on the Commission's own motion and shall be disposed of as provided in Chapter 25-22, F.A.C., except that the time deadlines and notice requirements in Section 403.9422, F.S., shall control. Proceedings may begin whether or not an application for corridors site certification of a proposed natural gas transmission pipeline pursuant to Sections 403.9401 through 403.9425, F.S., is pending. (a) In order for the Commission to have sufficient information to provide the 45 days notice of final hearing required by Section 403.9422, F.S., a natural gas transmission pipeline company that intends to petition for a natural gas transmission pipeline need determination may file a Notice of Intent to File Petition for Natural Gas Transmission Pipeline Need Determination at least 30 days prior to the filing of a petition. The notice of intent shall identify the proposed beginning and ending points of the natural gas transmission pipeline, and the counties, regional planning councils, and water management districts in whose jurisdiction the natural gas transmission pipeline could be placed. The notice of intent shall further specify the date on which the natural gas transmission pipeline company reasonably expects to file the petition for need determination.(b) If the Commission does not receive a Notice of Intent to File Petition for Natural Gas Transmission Pipeline Need Determination at least 30 days prior to the filing of a petition, or does not receive the petition within 5 days after the date specified in the notice of intent, the Commission shall have good cause, pursuant to Section 403.9422(3), F.S., to extend the time for conduct of the hearing for 30 days.(2) Upon receipt of a Notice of Intent to File Petition for Natural Gas Transmission Pipeline Need Determination or a petition by a natural gas transmission pipeline company, whichever occurs first, or upon issuance of an order pursuant to subsection (1), the Commission shall schedule a hearing and shall give notice of the proceeding to:(a) All interstate and intrastate natural gas transmission companies within Florida and all electric and natural gas utilities;(b) The Department of Economic Opportunity, Division of Community Development;(c) The Department of Environmental Protection;(d) Each person who has requested placement on the mailing list for receipt of such notice;(e) The counties, water management districts, and regional planning councils in whose jurisdiction the natural gas transmission pipeline could be placed;(f) The Fish and Wildlife Conservation Commission;(g) The Department of Transportation; and(h) The Department of State, Division of Historical Resources.(3) The Commission shall also publish notice of the hearing at least 45 days before the hearing date in the Florida Administrative Weekly.(4) The natural gas transmission pipeline company shall publish notice of the hearing at least 45 days before the hearing date in newspapers of general circulation in each county where the natural gas transmission pipeline may be placed. Every notice published in a newspaper shall be at least one-quarter page in size. A copy of each newspaper notice, which includes the date of publication, shall be filed with the Office of Commission Clerk at least 30 days prior to the hearing date.Fla. Admin. Code Ann. R. 25-22.090
Rulemaking Authority 350.127(2), 403.9422(2) FS. Law Implemented 403.9422 FS.