FPL Group, Inc. & Subsidiaries - Page 15

                                               - 104 -                                                  
                  This Court found that the operating licenses and their                                
            amendments were not “related documents” because the power                                   
            contract contained only a general reference and failed to                                   
            specifically refer to these documents.  Id.  “This general                                  
            standard of operation and maintenance, without more, does not                               
            incorporate the operating license, or amendments or appendices                              
            thereto, into the power contracts.”  Id.                                                    
                  In this case, petitioner argues:                                                      
                  The Tariff incorporated by reference applicable orders,                               
                  rules and regulations of various governmental bodies,                                 
                  including, for example, the Nuclear Regulatory                                        
                  Commission (“NRC”), the Environmental Protection Agency                               
                  (“EPA”), the Florida Department of Environmental                                      
                  Protection (“FDEP”), the FPSC and others.  FPL was                                    
                  required under the Tariff to comply with these orders,                                
                  rules and regulations.                                                                
                                                                                                       
            According to Mr. Wilson’s testimony and the citations contained                             
            in petitioner’s proposed findings of fact, the relevant language                            
            in the tariff states:                                                                       
                  RULES AND REGULATIONS                                                                 
                        Service under this schedule is subject to orders                                
                  of governmental bodies having jurisdiction and to the                                 
                  currently effective ‘General Rules and Regulations for                                
                  Electric Service’ on file with the Florida Public                                     
                  Service Commission.  In case of conflict between any                                  
                  provision of this schedule and said ‘General Rules and                                
                  Regulations for Electric Service’ the provision of this                               
                  schedule shall apply.                                                                 
            Mr. Wilson testified:                                                                       
                        The Commission had rules and regulations itself                                 
                  that concerned the quality of service, how companies                                  
                  were to treat deposits for service for customers, the                                 
                  complaint procedure, things like that.  And this was                                  





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