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MAY 241994 FPL J.W. Tippin, Chairman Indian River County Commission 1840 25th Street Vero Beach, Florida 32960 nox 92 P F503 P.O. Box 029th, Miami, FL, 33102-9100 (305)552-3929 May 18, 1994 Re: Proposed Ordinance Requiring Notice and Public Hearing of Utility Prior to Final Route Selection of Transmission Line Dear Mr. Tippin: Florida Power & Light Company respectfully submits these written comments on the proposed ordinance, identified above, to be included in the record of the public hearing advertised for May 24, 1994 at 9:00 a.m. Florida Power & Light Company has a long and proven record of the care that it takes in selecting routes for transmission lines and is proud of its record in meeting its legal obligation imposed by the state legislature to provide reasonably sufficient, adequate and low cost and efficient electric service to each person applying for such service. Transmission lines are necessary and they can be difficult to route. The state has determined that an affordable and reliable supply of electricity is a matter of public welfare and a matter of the state police power. § 366.01, Fla. Stat. (1993). State law requires not only that FPL meet this service obligation, but that FPL act in good faith in selecting the routes for the transmission lines. The state law requires that FPL not "make or give any undue or unreasonable preference or advantage to any person or locality, or subject the same- to any undue or unreasonable prejudice or disadvantage in any respect." § 366.03, Fla. Stat. (1993). In order to meet these state requirements, FPL considers several factors in locating transmission lines including: alternative routes, cost, environmental concerns, long range planning, safety and sound engineering practices. In addition to the declaration in chapter 366, Florida Statutes that the provision of electric service is a matter of state --not local police power, the legislature has expressly declared that the linear facilities of public utilities (the poles and wires constructed or to be constructed on established rights-of-way) are not "development," and, therefore, are not subject to local government land development regulations'-- include zoning. §§ 163.3164(5); 380.04; 163.3164(22), Fla. Stat. (1993). Under Florida law, with respect to transmission lines between 68 kilovolts and 230 kilovolts, it is the province of the electric company to lay out, locate and maintain its transmission lines provided that it acts in good faith and in accordance with state law and policy. 58