ML14314B018

Exhibit 1 to FPL Answer to Case Petition to Intervene and Request for a Hearing

ML14314B018
Person / Time
Site:	Turkey Point
Issue date:	11/10/2014
From:	Guillory B South Florida Water Management District
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 26906
Download: ML14314B018 (23)

Text

Exhibit 1 to:

FPLs Answer To Citizens Allied For Safe Energy, Inc.s Petition To Intervene And Request For A Hearing, November 10, 2014 South Florida Water Management District Emergency Final Order Issued To Florida Power and Light for the Purpose of Authorizing Temporary Pump Installation and Water Withdrawal Along and From the L-31 E Canal System; Miami-Dade County, Florida August 28, 2014.

BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD No. 2014-078-DAO-WU/ROW/ERP IN RE:

EMERGENCY FINAL ORDER ISSUED TO FLORIDA POWER AND LIGHT FOR

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EMERGENCY FINAL ORDER **4 The Executive Director of the South Florida Water Management District (District),

pursuant to Sections 120.569 and 373.119(2), Florida Statutes (Fla. Stat.), after considering the recommendations of District staff and being otherwise fully appraised of the matter, issues the following Emergency Order (Order) containing Findings of Fact, Ultimate Facts and Conclusions of Law:

FINDINGS OF FACT

1. The District is a public corporation of the State of Florida, existing pursuant to Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Fla. Stat., and Title 40E, Florida Administrative Code (Fla. Admin. Code), as a multi-purpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida. The District has the power and duty to protect Florida's water resources and to administer and enforce the provisions of Chapter 373, 1

Fla. Stat., and the rules promulgated there under, Title 40E, Fla. Admin. Code. The District has jurisdiction over the matters addressed in this Order.

2. Florida Power and Light (FPL) is a subsidiary of NextEra Energy, Inc. As a regulated utility, FPL is granted an exclusive franchise by the Public Service Commission to provide reliable and cost-effective electric service to customers, including critical infrastructure, within its service territory in Florida. FPL's service territory covers all or parts of 35 Florida counties and serves approximately nine million customers.

3. The customers particularly at issue in this matter are those residing in Miami-Dade and Broward counties. In these counties, FPL provides electrical service to two million customer accounts, including critical infrastructure.

4. FPL owns and operates the electric power generating facility known as the Turkey Point Power Plant (Turkey Point) that is the subject of this emergency authorization request.

5. Turkey Point is located in unincorporated southeast Miami-Dade County, east of Florida City and the City of Homestead. The Turkey Point site covers approximately 11 ,000 acres. Turkey Point is located approximately 25 miles south of Miami and about nine miles east of Florida City. Properties adjacent to Facility are almost exclusively undeveloped land. Turkey Point is bordered to the east by Biscayne Bay and Card Sound. A Turkey Point location map is attached and incorporated as Exhibit A.

6. Turkey Point consists of five steam electric generating units: three fossil fuel-fired units (Units 1, 2, and 5) and two nuclear units (Units 3 and 4). Units 1 and 2 2

constructed in the late 1960s each have a continuous generating capacity of approximately 404 megawatts (MW). Operations of units 1 and 2 are on a standby basis and not routinely in service. Unit 5 has a continuous generating capacity of approximately 1150 MW. Units 3 and 4 each have continuous generating capacity of approximately 820 MW.

7. Units 3, 4, and 5 are certified under Florida's Power Plant Siting Act (PPSA). Units 1 and 2 pre-date the PPSA and are not certified.

8. FPL owns and operates a cooling canal system ("CCS"), an approximately 5,900-acre network of unlined canals at Turkey Point, to provide cooling water.

Construction of the CCS was completed in 1973, and the CCS was closed from the surface waters of both Biscayne Bay and Card Sound. The CCS facilities pre-date the PPSA and are not certified. Under routine operations, there are no active surface water inflows utilized to maintain CCS water levels, temperature, or salinity.

9. The L-31 E Canal system is of particular import to FPL's emergency authorization request. The L-31 E Canal system is part of the Central and Southern Florida Flood Control Project (C & SF Project) for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. As local sponsor, the District operates C&SF Project components, including the L-31 E Canal system and the surface water flow to tide from the associated basins consistent with the guidance provided in the United States Army Corps of Engineers Master Water Control Manual, East Coast Canals, Volume 5.

10. The L-31 E Canal system is a borrow canal and levee system that stretches north - south both intercepting water as it flows eastward to tide in southeast 3

Dade County and providing storm surge protection. A map depicting the L-31 E Canal system is attached and incorporated as Exhibit B. The L-31 E Canal runs parallel to the South Central Biscayne Bay and across several drainage basins, six of which are named for the associated major east-west canals: Canal 100 (C-100), C-1, C-102, C-103, North Canal and Florida City Canal. This canal network and coastal levee system is operated for several C & SF Project purposes, including reducing the potential for flood and storm surge damage as well as limiting saline water intrusion. Water from the L-31 E is discharged to Biscayne Bay at several coastal structures, as depicted on Exhibit B.

11. Operation of the C & SF Project coastal structure gates in this canal network controls the quantity and timing of water discharged into this portion of Biscayne Bay. Overall, these surface water inflows comprise the largest input of fresh water to Biscayne Bay in this area.

12. In the 1990's the U.S. Army Corps of Engineers and the District developed the Comprehensive Everglades Restoration Program (CERP) which was approved by Congress in the Water Resources Development Act of 2000 (WRDA 2000). A component of CERP includes the Biscayne Bay Coastal Wetlands Phase 1 Project.

This project component aims to restore the overland sheetflow in an area of up to 11 ,000 acres, and to improve the ecology of Biscayne Bay, including its freshwater and saltwater wetlands, nearshore bay habitat, marine nursery habitat, and the oyster reef community.

13. Implementation of the Biscayne Bay Coastal Wetlands Phase 1 Project will impound and redistribute freshwater runoff from the existing canal discharges into 4

the coastal wetlands adjoining Biscayne Bay to provide a more natural and historical overland flow pattern through existing coastal wetlands and tidal creeks. This redistribution of freshwater runoff will improve the temporal and spatial distribution of inflows to Biscayne Bay.

14. The WRDA 2000 requires that water be reserved from allocation as an assurance that each CERP project component will meet its goals and objectives. Water is to be reserved consistent with the objectives and information contained within the Central and Southern Florida Project Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project Phase I Final Integrated Project Implementation Report and Environmental Impact Statement (PIR) and other sources of information.

15. To this end, the District conducted technical studies identifying water to be reserved for the protection of fish and wildlife within the western near-shore portion of Central Biscayne Bay, engaged in rule development, and adopted the Nearshore Central Biscayne Bay reservation rule and associated implementation rules. (Exhibit C)

The location of the Nearshore Central Biscayne Bay as well as the associated, Project canal system is depicted in Figure 3-1 of the attached and incorporated Exhibit C.

16. The determination of the amount of water needed for protection of fish and wildlife in the Nearshore Central Biscayne Bay reservation rule is based on meeting a year-round salinity target for the nearshore area of central Biscayne Bay of 20 (practical salinity scale) given in the PIR. More detailed analyses were performed to determine the locations and quantities of surface water for the reservation rules. This information is contained in the District's Technical Document to Support a Water Reservation Rule 5

for the Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project (July 2013).

17. Rule 40E-10.061, Florida Administrative Code, is the water reservation rule for the Nearshore Central Biscayne Bay. Pursuant to this rule, surface water flowing into the Nearshore Central Biscayne Bay, as derived from various and listed contributing canal reaches, is reserved from allocation. Figure 3-4A depicts surface water flow from the C-102 + Military+ C-103 Canal through S-21A + S-20G + S-20F into Biscayne Bay during the Wet Season and is the relevant reservation for this Order; the reserved Target Flow to the Bay is 504 acre-ft I day or 254 cubic feet per second (cfs).

18. On August 27, 2014, FPL requested the District issue an Emergency Order for temporary authorization to utilize the District's right of way and to divert and use water, above that reserved in Rule 40E-10.061, F.A.C., from the L-31 E Canal System to help moderate unusually high temperatures and salinity that are occurring in the CCS. A copy of FPL's request and related correspondence between FPL and the Nuclear Regulatory Commission is attached and incorporated as Composite Exhibit D.

In summary, FPL seeks to divert water that is available, above the water reserved by Rule 40E-1 0.061, F.A.C., which would otherwise be discharged to tide via the S-20F,S-20G and S-21A coastal structures. District staff reviewed and considered FPL's request, the District's right of way, the infrastructure proposal, historic data, District statutory authorizations and rules, and the potential water availability and provided input to the District's Executive Director.

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19. In support of their emergency authorization request, FPL provided the following information which is contained in Composite Exhibit D and summarized below:

a. United States Nuclear Regulatorv Commission (NRC) Operating Licenses for Turkey Point and CCS Temperature Requirements: Turkey Point Power Plant Units 3 & 4 operate under a license from the Nuclear Regulatory Commission. The original operating license included a requirement that the maximum allowed CCS water temperature on the intake or inlet side of Units 3 &

4 cannot exceed 100°F. During July 2014, numerous factors contributed to higher than usual inlet temperatures in the CCS that approached 100°F. Also, during July- August, intake temperatures approached 102°F. After analysis, FPL requested and received temporary approval from the NRC to temporarily deviate from the water temperature requirement as is pursued a permanent change to the plant's operating license. In parallel, FPL submitted and received (August 8, 2014) approval for a License Amendment Request (LAR) that permanently increases the CCS intake water temperature limit from 100°F to 104°F. (Composite Exhibit D) This LAR is conditioned such that if the NRC license limit is exceeded and certain conditions met, both Turkey Point Units 3 and 4 will be required to commence shut down within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> which could impact grid reliability. If Units 3 and 4 were required to shut down, an important piece of FPL's power generation portfolio will not be available to meet the current and anticipated high electricity demand, potentially impacting electrical service to more than 2 million customer accounts in Miami-Dade and Broward Counties, including critical infrastructure.

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b. CCS Temperatures and Record-Breaking Power Demand: Peak demand for electric generation in south Florida is directly related to high temperatures and humidity which generally occur in the summer and early fall.

Beginning in July 2014, Turkey Point's CCS experienced higher than usual temperatures as well as record breaking electricity demand. By the end of July, CCS Plant intake temperatures exceeded 100°F and have continued to exceed 100°F during afternoon peaks, recently reaching a high of 102°F, as depicted in Composite Exhibit D.

c. Factors Contributing to CCS Temperatures: A number of factors are contributing to higher than usual temperatures in the CCS. These factors include: high summer temperatures; significantly less rainfall in the vicinity of Turkey Point, including rainfall at the CCS; elevated salinity; and an algae bloom.

i. Temperature Data: For the Miami-Dade and Broward areas, the average high in September is 89°F and in October it is 86°F. CCS temperatures exceeded 100°F during July and August, 2014.

ii. Rainfall, Evaporation, Salinity, and Seepage Data: FPL reports typical annual rainfall at Turkey Point totals range between 50 inches to 75 inches. Normally, summer rainfall is effective in moderating the CCS water temperature and salinity. In 2013, the annual rainfall accumulation at Turkey Point measured at the CCS was less than 20 inches. As of the end of May, 2014, there had been less than 3 inches of rain at the rain station within the CCS.

Although additional rainfall has occurred in June and July, the 8

overall rainfall remains less than 26 inches at the CCS, compared to 40 inches at the Miami Airport during the same timeframe.

Moreover, FPL data indicates that the high evaporation, averaging 34 MGD, and losses to groundwater, averaging 12 MGD, have resulted in more water leaving the CCS than is being provided from the aquifer or rainfall and ultimately concentrating salinity in the CCS. FPL reports the CCS salinity has reached levels near 90 ppt, compared to historic levels of approximately 60 ppt.

iii. Algae Bloom: FPL indicates the above described conditions have allowed an algal bloom in the CCS to persist and affect Plant operations. The algae concentration, prior to treatments beginning mid-summer, was as high as 1.8 million cells per milliliter, far exceeding the historic average values of 50,000 cells per milliliter.

Recent FPL treatments have reduced the algae concentrations.

However, the turbidity associated with the algae bloom has caused unusual amounts of solar energy to be absorbed in the CCS, thereby increasing CCS temperatures. FPL reports effective treatment of the algae will require the salinity to be reduced to bring the dead algae out of suspension, which is necessary to reduce CCS temperatures and, thereby, restore the heat exchange capacity of the CCS. Detailed information concerning the CCS algae bloom are contained in Composite Exhibit D, particularly the correspondence between FPL and the NRC.

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d. FPL's Request for Temporary, Emergency Water Supply: In summary, FPL requests an immediate, temporary emergency authorization from the District to allow FPL to access the District's right of way, connect to the L-31 E canal, and conditionally withdraw stormwater from the L-31 E Canal, and convey this water to the CCS with above-ground piping. Composite Exhibit D contains the design details for FPL's request. FPL's proposed operational plan synchronizes the volumes and rates of its northern and southern pumping operations so as to avert dewatering of wetlands adjacent to the L-31 E canal. A portion of the proposed infrastructure involves temporary installation of pipes across wetlands.

20. Temporary installation of the pipes within wetlands, as shown in Exhibit D, will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the District. Based on the design proposed in Exhibit D, FPL's proposed, temporary installation qualifies for an exemption from the requirement to obtain an environmental resource permit pursuant to subsection 373.406(6), Florida Statutes.

21. Water levels in the L-31E Canal system, the proposed water supply source, are influenced by the operation of coastal canal structures. Operation of the S-20F, S-20G and S-21A are performed consistent with guidance from the United States Army Corps of Engineers regulation schedule and Master Water Control Manual, East Coast Canals, Volume 5. Under normal operating conditions for April 30 - October 15 the S-20F, S-20G, and S-21A structures are operated in the "high range" meaning discharges to tide are conditionally made when stages upstream of the structure 10

including stages within the L-31 E Canal are 2.2 ft. NGVD or higher and the gates are closed when headwater stages drop to 1.8 ft NGVD.

22. Operational records of the District show combined average daily flow from the C-1 02, Military, C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 481 cfs during the month of August (1993 - 2013) and 620 cfs for the month of September (1993 - 2013), with daily combined flows ranging from 0 to more than 3,000 cfs during these months.

23. The combined reserved target flow for structures S-21A, S-20G, and S-20F is 254 cfs suggesting that there is a reasonable expectation that daily flows exceeding the reservation target flows will occur during the months of August and September.

24. Based on FPL's request and the above-described facts, the Executive Director of the District has considered this matter and finds that an emergency exists and the emergency measures proposed herein are necessary to protect the public health, safety or welfare.

ULTIMATE FACTS AND CONCLUSIONS OF LAW

25. Section 373.119(2), Fla. Stat., and Rule 28-106.501, Fla. Admin. Code, authorize the Executive Director of the District, in the event of an emergency requiring immediate action to protect the public health, safety or welfare, with the concurrence of the Governing Board, and without prior notice, to issue an order reciting the existence of such an emergency and requiring that such action be taken as deemed necessary.

Section 120.569, Florida Statutes, also authorizes issuance of emergency authorizations. Moreover, the District is authorized, in summary, to regulate 11

connections and use of the District's rights of way, use of water, construction of new diversion facilities, initiation of new water uses, diversion and withdrawal facilities pursuant to a variety of statutes. (e.g.: §§373.083, 373.085, 373.086, 373.1501, 373.171, 373.219, Florida Statutes) The proposed activities are exempt from the requirement to obtain an environmental resource permit pursuant to subsection 373.406(6), Florida Statutes.

26. As to right of way matters, Rules 40E-6.451 and 40E-6.481, Fla. Admin.

Code, further provide an emergency exists when immediate action is necessary to protect lives or property.

27. Pursuant to statutory authorizations, FPL's request and supporting documents, and the facts described herein, the Executive Director finds that an emergency exists requiring immediate action necessary to protect the public health, safety, or welfare. The Executive Director also finds the wetland impacts identified in Exhibit D and authorized by this Order qualify for a Section 373.406(6), Fla. Stat.,

exemption.

28. The action authorized by this Emergency Order is appropriate to address this emergency situation.

29. The L-31 E Canal system is part of the C&SF Project for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. Pursuant to Sections 373.085 and 373.086, Fla. Stat., the District is authorized to operate the C&SF Project, including the S-20 Structure and the L-31 E Canal system.

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ORDER Based upon the Findings of Fact, Ultimate Facts and Conclusions of Law, the Executive Director orders FPL is authorized to undertake the following, temporary actions in accordance with the conditions stated herein:

30. Temporary Utilization of District Right of Way:

a. Authorized Facilities and Installation: FPL is authorized to install the infrastructure depicted in Exhibit Don the District's L-31 E Canal right of way.

The design details, including facility description and location, authorized by this Order are contained in the attached and incorporated Exhibit D. To the extent the information contained in Exhibit D conflicts with the terms and conditions of this Emergency Order, this Emergency Order shall control. FPL shall install, operate, and maintain the temporary withdrawal facilities and associated equipment in accordance with this Order. Any deviations from the design schematics identified in Exhibit D shall be presented to the District for approval prior to installation of the modified design. These facilities are temporarily authorized for the purpose of diverting and use water from the L-31 E Canal system to help meet its cooling water needs pursuant to the following conditions.

b. Right of Way Installation Conditions:

i. Installation Coordination: Prior to commencement of construction or utilization of the District's right of way and, again, upon completion of the installation of the authorized facilities, FPL is required to contact the District's Field Representative, Mike Worley of the District's Homestead Field Station, (954)410-7383, and schedule a pre-construction 13

meeting and final inspection. The District's Homestead Field Station Superintendent is authorized to make field changes to installations or operations described herein to better achieve the District's objectives; such changes shall be subsequently documented in writing and communicated by the District to FPL.

ii. Site Security: The pumps at both the north and south pumping sites shall be manned continuously throughout the entire time the pumps are deployed pursuant to this Order. The south pumping site shall be manned by a pump operator provided by the pump manufacturer.

iii. Right of Way Conditions: FPL is required to comply with all Right of Way conditions contained in the body of this Order and attached and incorporated Exhibit E.

31. Temporary Water Withdrawal Authorization:

a. Authorization to Withdraw and Use Water. if available. from the L-31 E Canal System:

i. Water Availability Restriction: FPL is prohibited from withdrawing and using water from the L-31 E Canal system that is reserved for fish and wildlife by Rule 40E-10.061, F.A.C., for the Nearshore Central Biscayne Bay. The only water available for the purpose of this Order is that water which would otherwise be discharged to tide from either the S-20F, S-20G, and S-21A structures and is in excess of the flows reserved for protection of fish and wildlife in Rule 40E-1 0.061, F.A.C. This available surface water may, temporarily, be withdrawn and used within FPL's 14

cooling canal system in accordance with the conditions as set forth herein.

There are no assurances provided by this Order that water will be available for FPL's withdrawal and use on any given day.

ii. District's Daily Determination of Water Availability and FPL Pump Operation: On a daily basis, the District will determine the amount and timing that FPL may operate the pumps and facilities authorized herein to withdraw water from the L-31 E Canal system. Only when the combined flows to tide through coastal structures S-20F, S-20G, and S-21A exceed 254 cfs will the District determine the amount and timing water available for a FPL pump operation. The rate and volume of a potential FPL withdrawal, if any, shall be determined by the District, no later than 10:00 a.m., each day and for the duration of this Order. The District's daily determination of water availability shall cover a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period and last until no later than 9:59 a.m. the next day. In the event the District does not provide any written direction to FPL in accordance with this paragraph, then FPL shall cease all pumping until further notice.

iii. Communication of Water Availability Determination: The District's Operation Control Center will communicate its daily water availability determination to FPL by e-mail, to the FPL's designated contact(s): Matthew Raffenberg, or his designee, at Matthew.Raffenberg@fpl.com. The District's Operation Control Center may be contacted 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, 7 days a week at: 561-682-6116 and 15

occ@sfwmd.gov. FPL may not commence any daily withdrawal operations prior to this District communication confirming water availability.

iv. Monitoring and Reporting: FPL shall monitor and report the amount of water diverted from the L-31 E Canal system to its cooling canal system. When FPL withdraws water, then FPL must generate a daily report including the following detailed information: (1) the water availability determination for each day as provided by the District's Operational Control Center, (2) identification of which pump(s) were used over the course of the day; (3) time on and time off, per pump; (4) RPM setting, per pump, if variable; (5) calculated volume of water pumped, per pump; and (6) cumulative log flows at each pump station. In addition, the report shall include hourly stage data for the L-31 E Canal measured at TPSW-1 and TPSW-2 for the weekly reporting period, whether or not the pumps operated. Water quality grab samples consisting of conductivity, turbidity, total kjedahl nitrogen, nitrate nitrite as N, phosphorus, ortho phosphorus, ammonia, and TRPH (total recoverable peteroleum hydrocarbons, also known as Florida Petroleum Residual Organic or "FL-PRO") shall be collected prior to initiation of pumping pursuant to this Order and once a week thereafter for the duration of this Order. These samples shall be collected at TPSW-1 and TPSW-2. FPL shall make the sampling logs and lab reports available upon request. The report shall reference this Order and be submitted by noon, Tuesday of each week for all withdrawals occurring during the preceding week. (The preceding week 16

reporting period is considered Monday at 1:00 a.m . through Sunday midnight.) The report shall be e-mailed to both the District's Assistant Executive Director, Len Lindahl at llindahl@sfwmd .gov and Terrie Bates, Division Director - Water Resources, at tbates@sfwmd.gov. Upon Executive review of the weekly report, conference calls may be required.

Additionally, the District may request available monitoring data at any time and FPL shall provide the same within two hours of the District's request.

v. Special Pump Station Criteria:

(a) The District may require FPL to terminate pumping at any time. Upon receipt of any oral or written request from the District to terminate pumping, FPL must cease pumping within two (2) hours.

(b) FPL shall wirelessly coordinate the pumping at both stations to assure that, from a non-flow condition, the north station pumps shall be started first. The south station pumps shall be started within 5 minutes of the north station pumps start, with an equivalent flow. Similarly, when pump operation ceases, the south station pumps shall cease first and the north station pumps shall cease within 5 minutes.

vi. Pump Requirements:

(a) Pump On I Off Switches: Each pump authorized pursuant to this Order shall be equipped with an operable, 17

remote pump operational device prior to initiating pump operations.

(b) Pump discharge curves: Pump discharge curves used in determining rates of discharge while pumps are operating, as deployed in the field, shall be provided to the District prior to pump operation for the purpose of calculating flow rates and volumes.

(c) Totalizing Hour Meters: FPL shall install totalizing hour meters at each pump authorized by this Order and such meters shall be available for periodic District inspection and verification.

32. Section 373.406(6), F.S., Exemption Conditions:

a. No permanent fill shall be placed in the wetland area described in Exhibit D.

b. All activities which qualify for the subject exemption shall be conducted and operated using appropriate best management practices and in a manner which does not cause a violation of water quality standards, pursuant to Chapter 62-302, Florida Administrative Code.

c. The District's determination that the proposed temporary placement of pipes, pumps, and associated infrastructure qualifies as an exempt activity may be revoked if the installation is substantially modified from that described in Exhibit D, if the basis for the exemption is determined to be materially incorrect, or if the installation results in violation of state water quality standards. Any 18

changes made in the construction plans or location of the project may necessitate a permit from the District. Therefore, FPL is advised to contact the District before beginning any work in wetlands or surface waters wh ich is not specifically described in Exhibit D.

d. Upon termination of this Order, all pipes, mats, other materials and equipment shall immediately be removed from the wetland to allow the wetland vegetation to recover.

33. Immediate Facility Removal and Reinstallation:

a. Prior to a Storm Event: FPL shall remove the temporary withdrawal facilities authorized by this Order located within the District's right of way within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of notice from the District. The temporary withdrawal facilities should be maintained and secured so as to not impede the District's ability to make flood control releases in advance of a storm event.

b. After a Severe Storm Event: FPL shall notify the District of its intent to reinstall the temporary withdrawal facilities in the District's right-of-way at least three (3) business days before such reinstallation is scheduled to occur.

34. All documents, plans, and reports required by this Order shall be submitted to Len Lindahl via email at llindahl@sfwmd .gov and Terrie Bates via email at tbates@sfwmd.gov.

35. Miscellaneous Conditions:

a. This Order authorizes FPL to take actions under Chapter 373, Fla.

Stat. , as provided herein. This Order does not relieve FPL from the requ irements to obtain any other federal , state, or local authorizations.

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b. This Order does not constitute a water use or right-of-way permit or grant any legal right to water as set forth in Chapter 373 Fla. Stat., and associated District rules and regulations over the water intercepted and stored under this Order.

c. This Order does not convey any property right to FPL, nor any rights and privileges other than those specified in this Order. This Order shall not be construed as an abandonment or any other such impairment or disposition of the District's property rights.

d. This Order shall not be construed as a substitute for, or waiver of, any right-of-way, surface water management, water use, or other permits required of FPL under the District's rules and regulations.

e. FPL shall insure that harmful impacts to the water resources, off-site land uses, or existing legal uses of water do not occur as a result of this Order. In the event such harmful impacts result from actions authorized by this Order, FPL shall implement all actions, as directed by the District, to cease such harmful impacts and, if necessary, to mitigate such impacts. Failure to comply with this requirement shall be considered a violation of this Order.

f. Failure to comply with the terms of this Order shall constitute a violation of a District Order under Chapter 373, Fla. Stat., and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

g. The District reserves the right to initiate appropriate legal action, to impose civil penalties, and collect attorney's fees and costs to enforce the terms of this Order.

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h. This Order may be modified or amended at any time, as appropriate for the protection of the public health, safety, and welfare and the water resources of south Florida by the Governing Board, Executive Director, or Executive Director's designee.

i. The Executive Director or Executive Director's designee may require FPL to remove all or part of the authorized facilities and cease withdrawal and I or use activities under this Order at any time.

j. The District's immunity from liability under Section 373.443, Florida Statutes, for any damages that might result from the activities authorized under this Order, shall not be diminished by the terms of this Order, or any activities taken pursuant to this Order.

k. Failure to comply with the conditions contained within this Order shall constitute a violation of a District Order under Chapter 373, Florida Statutes, and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

I. If the District petitions or sues for enforcement of the terms of this Order, the District reserves the right to initiate appropriate legal action, to impose civil penalties and collect attorney's fees and costs.

36. Termination: This Order shall terminate on the earliest of: (1) failure to receive Governing Board concurrence at their next regularly scheduled meeting, (2)

October 15, 2014, or (3) at any time upon written notice from the District's Executive Director or the Executive Director's designee.

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37. Required Facility Removal: Within 30 days of termination of this Order, FPL shall remove all temporary withdrawal facilities and associated infrastructure authorized by this Order, including the pipes buried under 3441h Avenue. Moreover, FPL shall properly restore the right-of-way to the District's satisfaction . In the event of failure to so comply within the specified time, the District may remove the temporary withdrawal facilities and associated infrastructure authorized by this Order and associated equipment and FPL shall be responsible for all removal and restoration costs.

38. A Notice of Rights attached hereto as Exhibit F.

39 . This Order shall take effect upon execution by the Executive Director of the District and shall expire as provided herein. This Order is subject to the Governing Board's concurrence at its next regularly scheduled Governing Board meeting.

DONE AND SO ORDERED in West Palm Beach, Florida, on th is 28th day of August, 2014.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT By its Executive Director

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Blake c. Guillory,~~

Executive Director Legal Form Approved:

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Elizabeth D. Ross, Esq .

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