FPL Group, Inc. & Subsidiaries - Page 11

                                               - 100 -                                                  
                  constitute a public offering by the utility which, when                               
                  accepted by the subscribers, creates a contract                                       
                  embodying the terms and conditions of that tariff.                                    
                  * * *                                                                                 
            Id.; see also Rev. Rul. 72-49, 1972-1 C.B. 125.                                             
                  In Rev. Rul. 68-109, supra, there was a service contract                              
            independent of the tariff.  The conclusion of the revenue ruling,                           
            that there was a service contract, is based upon the agreement                              
            entered into between the utility and its customers.  After                                  
            determining that such service contract existed, the revenue                                 
            ruling found that “Furthermore” the provisions of the tariff also                           
            bound the parties.                                                                          
                  The instant case is distinguishable because there was no                              
            binding contract independent of the tariff.  The service                                    
            agreement between the utility and its customers was the                                     
            determining factor in the ruling.  It was in this context that                              
            the ruling stated that the tariff was a contract.  The revenue                              
            ruling does not address TRA section 204(a)(3), nor does it state                            
            that the tariff is a binding supply or service contract.  Here,                             
            we must determine whether the tariff constitutes a binding supply                           
            or service contract for purposes of TRA section 204(a)(3).  We do                           
            not think this revenue ruling supports a finding that the tariff                            
            is a binding supply or service contract for purposes of TRA                                 
            section 204(a)(3).                                                                          








Page:  Previous  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  Next

Last modified: May 25, 2011