Florida Power & Light has gone to the state Supreme Court in a dispute about a proposal to add two nuclear reactors in Miami-Dade County.
FPL filed a notice last week that it will seek to have the Supreme Court take up an April ruling by the 3rd District Court of Appeal. A three-judge panel of the appeals court overturned a 2014 decision by Gov. Rick Scott and state Cabinet members, who review power-plant projects while serving as what is known as the state’s “siting board.”
Ruling in favor of challengers, including the city of Miami and Miami-Dade County, the appeals court found that the siting board made a series of errors in approving FPL’s proposal to add the reactors at the utility’s Turkey Point complex. The court said the board, in part, failed to apply the city of Miami’s land-development regulations and erred by thinking it did not have the power to require FPL to install transmission lines underground.
An FPL request for the full appeals court to hear the case — a request known as seeking an “en banc” hearing — was rejected last month.