Title
Air Construction Permit Process (NB)
The General Manager recommends the City intervene in the Division of Administrative Hearings Air Permit hearing for the Gainesville Renewable Energy Center.
Explanation
Pursuant to City Commission direction following an extensive public and competitive process, the City entered into a Purchased Power Agreement dated April 29, 2009 (PPA) with Gainesville Renewable Energy Center, LLC, (GREC) under which GREC will build a 100 MW woody biomass fueled electric generating plant on approximately 131 acres leased from the City at the Deerhaven Generating Station. Under the PPA, GREC must seek approval of the generating plant under the Florida Power Plant Siting Act and also obtain an air construction permit from the Florida Department of Environmental Protection (FDEP) under the provisions of the Federal Clean Air Act (CAA). Pursuant to provisions of the CAA and the Florida Administrative Code, a petition has been filed on behalf of five local area individuals for a formal hearing on the air permit. Accordingly, the permit application has now been referred by the FDEP to the DOAH for the conduct of the formal hearing.
The General Manager for Utilities and his staff in consultation with the City Attorney and the Utilities Attorney have concluded that intervention by the City as a party in the air permit proceeding is necessary to protect the City's substantial interests in an expeditious and positive outcome to the air permit hearing. Intervention will result in the City's ability to call and examine witnesses, engage in discovery and participate in the presentation of the case. Further, the assistance of the law firm Hopping, Green and Sams, a firm with a long standing record of handling environmental matters for the City, including the City's existing air permits, would be beneficial in assuring the City's interests are protected.
Recommendation
The City Commission authorize 1) The City Attorney take all ste...
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