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FPL Energy Inc. Petition for Declaratory Order


On June 14, 2001, FPL Energy, Inc. ("FPL Energy") filed a Petition for Declaratory Order with the Energy Facility Site Evaluation Counsel (EFSEC), regarding the applicability of the site certification provisions of chapter 80.50 RCW to two separately owned and permitted power plants on adjoining lots, neither of which when constructed will exceed the jurisdictional threshold for certification in RCW 80.50.020(14)(a), that propose to share certain common facilities.

On July 2, 2001 EFSEC issued a notice announcing its receipt of the petition and inviting written comment on the process that EFSEC should undertake to review the petition request. On August 9 and again on September 17, 2001, EFSEC issued a notice inviting written comment on the merits of the petition request, including factual and legal aspects of the request.

Council Decision:

The Everett Delta I power plant and the Everett Delta II power plant do not constitute an Energy facility subject to EFSEC's siting jurisdiction under chapter 80.50 RCW.

For additional information about this Council Order, please contact:

1300 Evergreen Park Dr.
PO Box 47250
Olympia, WA 98504-7250

Phone - 360-664-1345
Email -

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