JAMES S. ALVES
BRIAN H. BIBEAU
ELIZABETH C. BOWMAN
RICHARD S. BRIGHTMAN
PETER C. CUNNINGHAM
RALPH A. DEMEO
THOMAS M. OEROSE
WILLIAM H. GREEN
WADE L. HOPPING
FRANK E. MATTHEWS
RICHARD D. MELSON
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAEPPLE
DOUGLAS S. ROBERTS
GARY P. SAMS
ROBERT P. SMITH
CHERYL G. STUART
HOI--ING GREEN SAMS & SMITH
ATTORNEYS AND COUNSELORS
123 SOUTH CALHOUN STREET
POST OFFICE BOX 6526
TALLAHASSEE, FLORIDA 32314
FAX (904) 224-8551
FAX (904) 425-3415
GARY K. HUNTER, JR.
JONATHAN T. JOHNSON
ROBERT A. MANNING
ANGELA R. MORRISON
GARY V. PERKO
KAREN M. PETERSON
MICHAEL P. PETROVICH
R. SCOTT RUTH
W. STEVE SYKES
T. KENT WETHERELL, II
W. ROBERT FOKES
FCG Position Paper
November 25, 1996
NOV 2 6 1996
Caulton Fids Tallahass
.10-1 r) Vw
Attached is a parochial position paper adopted by the Florida Electric Power Coordinating
Group, Inc. It does have some matters in it of concern to the larger community, but I thought
you would like to see the position this group has developed so far. Principally, they have
focused on their own problems but are willing to participate in a broader coalition addressing
the problems of all business groups in all non-governmental sector units as well as all water
FLORIDA ELECTRIC POWER COORDINATING GROUP, INC.'S
COMMENTS ON THE POTENTIAL MODIFICATION OF
FLORIDA WATER RESOURCE LEGISLATION
The 1997 Legislature should propose modifications to Florida's water laws to insure that
Florida water resources, for now and into the future, are sufficient to sustain the economic and
environmental health of the state. In any program that may be instituted, it is essential that the
state continue to provide a supply of water for the production of abundant, low cost electric
The Florida Electric Power Coordinating Group, Inc. ("FCG") believes any legislative
proposal should provide that:
A. For Existing Permitted Electric Generating Facilities:
1. Permitted water consumptive use provisions should remain in effect for the
life of the facility.
2. The consumptive water use permits for plant sites certified for an ultimate
site capacity pursuant to the Florida Electric Power Plant Siting Act should remain in effect for
the life of the certification.
B. For New Generating Facilities:
1. A common sense approach for water supplies should be followed to allow
the siting of new facilities in water shortage areas.
2. Legislation should provide for economic incentives for the development
of new and innovative alternative water sources.
C. For the Development of New and Alternative Water Supplies:
1. The legislation should allow the development of ground and surface water
resources on state owned and protected lands.
2. Funding for water supply projects should be spread across all state water
users but should not be in the form of a consumptive use tax.
3. Alternative water supplies and reuse projects should receive favorable
regulatory and tax treatment.
4. The legislation should develop economic incentives to encourage the use
of alternative water supplies and promote the creation of public/private partnerships.
D. For the Development of Minimum Flow and Levels ("MFLs") for state waters:
1. The methodologies for setting MFLs should be established by rule by each
water management district.
2. Concurrent with establishing of an MFL, a procedure should be established
by rule for determining when a withdrawal can occur when an MFL has been attained.
3. All MFL criteria and models should be peer reviewed by the scientific
community at large prior to their establishment.
4. If MFLs are established on a priority basis, the rules should authorize the
approval of consumptive use permit applications in waters not yet receiving MFL status.
5. MFLs should only be based on historic and current water levels and not
on unrelated phenomena such as pollution levels, habitat, etc.
E. For the Integration of Water Use and Land Use Planning:
1. Water supply for projects, such as new or repowered electric generating
facilities, should be considered to be in the public interest.