FPL Group, Inc. and Subsidiaries - Page 3




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               In support of its argument that it is entitled to investment           
          tax credits under the transition rules, petitioner has submitted            
          the report of Mr. Wilson.  Mr. Wilson is an attorney who is                 
          currently employed by petitioner as vice president, Government              
          Affairs.  Before beginning employment with petitioner in 1991,              
          Mr. Wilson served as a member of the Florida Public Service                 
          Commission (the Commission).  The Commission has jurisdiction to            
          regulate and supervise public utility rates and services.                   
               In his report, Mr. Wilson considers whether petitioner’s               
          tariff constituted a valid contract between petitioner and its              
          customers.  Mr. Wilson opines that the applicable provisions of             
          petitioner’s tariff “are the written contract for the provision             
          of electric service between * * * [petitioner] and its customers”           
          and asserts that this opinion “is shared by those in the utility            
          industry who regularly participate in the development of                    
          tariffs.”                                                                   
               Rule 702 of the Federal Rules of Evidence, which governs the           
          admissibility of expert testimony, provides:                                
                    If scientific, technical, or other specialized                    
               knowledge will assist the trier of fact to understand                  
               the evidence or to determine a fact in issue, a witness                
               qualified as an expert by knowledge, skill, experience,                
               training, or education, may testify thereto in the form                
               of an opinion or otherwise * * *                                       
          Thus, expert testimony is admissible under Rule 702 of the                  
          Federal Rules of Evidence where it assists the Court to                     
          understand the evidence or to determine a fact in issue.  Sunoco,           





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