Maine Yankee Atomic Power Company - Page 13




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          for a specified period of years.  The contracts required the                
          taxpayer to build “a new conventional steam plant” with a                   
          capability of “approximately 560 megawatts”, and the taxpayer was           
          required to “operate and maintain” the plant “in an economical              
          and efficient manner and in accordance with good utility practice           
          and all applicable law”.  Id. at 12.  In 1990 and 1991, the                 
          taxpayer made several repairs and improvements to the plant and             
          sought the investment tax credit under the transition rules for             
          supply and service contracts provided for in section 204(a)(3) of           
          TRA 1986.  The Court of Appeals for the First Circuit stated that           
          the conference report was helpful because “the requirement that             
          the specifications and amount of the property be readily                    
          ascertainable indicates that the inquiry need be specific,                  
          although not exact.”  Id. at 16.  The Court of Appeals held that            
          the taxpayer was not entitled to the investment tax credit under            
          the transition rules for the cost of repairs and improvements               
          made to its plant because the contracts did not contain the                 
          amount or specifications of potential replacement parts, and                
          there was no contractual obligation for the taxpayer to replace             
          parts on a specific schedule.  Id.                                          
               We conclude that the operating license and amendments                  
          thereto in this case are not related documents to the power                 
          contracts.  Here, the operating license and amendments and                  
          appendices thereto were not incorporated by reference into the              






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