FPL Group, Inc. & Subsidiaries - Page 148

                                       - 33 -                                         
               With respect to the installation of wastewater                         
          neutralization treatment system, petitioner incurred capitalized            
          costs (tax basis) of $241,469 and $233,742 for equipment placed             
          in service in the 1988 and 1989 taxable years, respectively.                
               2.  PCB Transformers                                                   
               Polychlorinated biphenyls (PCBs) are a hydrocarbon that has            
          been chlorinated.  PCBs have been identified by environmental               
          regulators as a potential risk to human health and the                      
          environment.  The Toxic Substance Control Act of 1976, Pub. L.              
          94-469, 90 Stat. 2003, current version at 15 U.S.C. sec. 2605               
          (2000), prohibits the manufacture, processing, or distribution in           
          commerce or use of PCBs in any manner other than in a totally               
          enclosed manner.  FPL previously used PCBs in its fossil fuel               
          power plant transformers.  FPL claims ITCs for the replacement of           
          PCB transformers in the 1988, 1989, and 1990 taxable years.                 
               In 1982, the EPA promulgated a rule, 40 C.F.R. sec. 761                
          (1982) (the PCB rule), that regulates the use of PCBs.  The PCB             
          rule, inter alia:  (1) “Prohibits the use of PCB Transformers and           
          PCB-filled electromagnets (with a PCB concentration of 500 ppm or           
          greater) * * * after October 1, 1985, and requires a weekly                 
          inspection of this equipment for leaks of dielectric fluid until            
          that date”; (2) “Authorizes the use of all other PCB Transformers           


               35(...continued)                                                       
          according to the specific conditions of the TOPs.                           




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