The Challenge:

To prepare, expedite, and process an application for zoning approvals to permit the construction of two new nuclear reactors at Florida Power & Light's existing Turkey Point facility.  The property consisted of 11,000 acres of land with numerous land use, zoning and environmental entitlements and encumbrances stemming from a 40-year history of local, state and federal regulations.  Although the Florida Public Service Commission and state legislature encouraged utilities such as FPL to take substantive steps towards greater fuel source diversification to maintain electric supply reliability and cost stability for customers, environmental and safety concerns remain a significant challenge for the development of the first nuclear facility in the State in over 30 years. 

Strategy:

• Conducted in-depth land use, zoning and environmental research and audits on the 11,000 acres of land.
• Expedited the review and processing of the public hearing application.
• Reviewed all legal aspects of the application's processing to ensure compliance with local regulations to avoid any appeals or additional litigation.  
• Coordinated with a team of consultants to address concerns raised by county administrators as well as public and environmental groups.

Outcome:

Miami-Dade County reviewed, processed, and approved the application in record time.  The Miami-Dade County Developmental Impact Committee issued a favorable recommendation and the Miami-Dade Board of County Commissioners approved the application.  Today, Bercow Radell & Fernandez continues to represent Florid Power & Light on related comprehensive planning, zoning and environmental matters, while we continue to provide input on concurrent state and federal nuclear licensing applications before the Florida Power Plant Siting Board, Army Corps of Engineers and Nuclear Regulatory Commission.