Southern MultiMedia Communications, Inc. - Page 12




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                   Mr. MATSUNAGA:  I would like to ask the bill                       
              managers to clarify another point.  The supply or                       
              service contract transition rule requires that the                      
              property be readily identifiable with and necessary to                  
              carry out the contract.  The committee report explains                  
              that the specifications and the amount of the property                  
              must be readily ascertainable from the terms of the                     
              contracts or from related documents.                                    
              Is this Senator's understanding correct that the                        
              requirement is met when a binding power purchase                        
              contract specifies the type of generating equipment in                  
              terms of primary energy source and specifies the amount                 
              of generating equipment in terms of total generating                    
              capacity of the turbines necessary to produce the                       
              contracted power?  In other words, the rule does not                    
              require the technical details of the generating                         
              property to be spelled out.                                             
                   Mr. PACKWOOD:  The Senator from Hawaii is correct.                 

         132 Cong. Rec. 15028 (1986).                                                 
              Wometco argues that the above discussions between Senators              
         bolsters its argument that (in order to qualify under the supply             
         or service transition rule) specific rebuilds and line extensions            
         need not be expressly identified in construction contracts                   
         outstanding as of December 31, 1985, but rather that the general             
         language of its franchise agreements that were outstanding as of             
         December 31, 1985 (requiring that Wometco's systems be maintained            
         according to the “highest accepted standards of the industry”,               
         the “highest and most desirable form of service”, and the “state             
         of the art”), is sufficient to bring the six rebuilds and line               
         extensions that in fact were undertaken and built between                    







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