FPL Group, Inc. & Subsidiaries - Page 13

                                               - 102 -                                                  
            The tariff is not concerned with the “hows” or the “whats” of                               
            generating electricity; it merely sets forth the expected                                   
            services FPL will provide to its customers.  We do not think this                           
            is what Congress intended when it drafted the transitional relief                           
            to the repeal of the ITC.                                                                   
                        c.    Documents Incorporated by Reference Into the                              
                              Supply or Service Contract                                                
                  Petitioner also argues that the documents incorporated into                           
            the tariff readily identify the specifications and amount of                                
            property for which it claimed ITCs.  Petitioner contends that it                            
            is irrelevant that the tariff does not reference the other                                  
            documents because “‘referencing’ is not the test for a ‘related                             
            document’.”                                                                                 
                  The supply or service contract rule requires that property                            
            is readily identifiable from the terms of the contract or related                           
            documents.  TRA sec. 204(a)(3); H. Conf. Rept. 99-841 (Vol. II),                            
            supra at II-60, 1986-3 C.B. (Vol. 4) at 60.  When a contract                                
            specifically incorporates another document by reference, the                                
            referenced document constitutes a “related document”.  See Maine                            
            Yankee Atomic Power Co. v. Commissioner, T.C. Memo. 2002-176.                               
            Language within a contract that generally refers to industry                                
            standards and the applicable law, without specifically referring                            










Page:  Previous  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  Next

Last modified: May 25, 2011