403.519 Exclusive forum for
determination of need. ---
On request by an applicant or on its own motion, the
commission shall begin a proceeding to determine the need for an
electrical power plant subject to the Florida Electrical Power
Plant Siting Act. The commission shall publish a notice of the
proceeding in a newspaper of general circulation in each county in
which the proposed electrical power plant will be located. The
notice shall be at least one-quarter of a page and published at
least 45 days prior to the scheduled date for the proceeding. The
commission shall be the sole forum for the determination of this
matter, which accordingly shall not be raised in any other forum or
in the review of proceedings in such other forum. In making its
determination, the commission shall take into account the need for
electric system reliability and integrity, the need for adequate
electricity at a reasonable cost, and whether the proposed plant is
the most cost-effective alternative available. The commission
shall also expressly consider the conservation measures taken by or
reasonably available to the applicant or its members which might
mitigate the need for the proposed plant and other matters within
its jurisdiction which it deems relevant. The commission's
determination of need for an electrical power plant shall create a
presumption of public need and necessity and shall serve as the
commission's report required by s. 403.507(2)(a)2. An order
entered pursuant to this section constitutes final agency
action.
History: s. 5, ch. 80-65; s. 24, ch. 90-331.