Southern MultiMedia Communications, Inc. - Page 15




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         certain property that was not “intimately connected to the                   
         generation of power at the plant”.  Id. at 61.  Property that was            
         too tenuously tied to generation of the new power commitment                 
         reflected in the contracts as of December 31, 1985, was held not             
         to qualify under the supply or service transition rule.                      
              Under Wometco's argument, most if not all of its otherwise              
         eligible property costs incurred after December 31, 1985, and                
         before January 1, 1991, would likely qualify under the supply or             
         service transition rule because all improvements to its systems              
         arguably would be readily identifiable with and necessary to                 
         carry out the broad franchise agreements that were in effect as              
         of December 31, 1985.  As we read the supply or service                      
         transition rule, however, the plain meaning of the statute does              
         not permit this interpretation.  Congress granted only limited,              
         transition relief to businesses that, as of December 31, 1985,               
         had binding commitments to undertake specific investments in                 
         qualified property.  See Bell Atl. Corp. v. United States, 82                
         AFTR 2d at 98-7378, 99-1 USTC at 87,036; H. Conf. Rept. 99-841               
         (Vol. II), 1986-3 C.B. (Vol. 4) 60.                                          
              Much like the franchise agreements involved in Bell Atl.                
         Corp. v. United States, supra, the general language of Wometco's             
         franchise agreements, without more, reflects only broad industry             
         standards, not specific contractual commitments to undertake                 
         rebuilds.                                                                    






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