FPL Group, Inc. & Subsidiaries - Page 30

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                        1.    Temperatures to be measured will be in 80-                                
                              120"F vicinity and thermocouples should be                                
                              selected to give maximum accuracy/linearity                               
                              in this area.                                                             
                        2.    Readout will be via portable instruments                                  
                              already on hand, such as Bailey Models TZFHR,                             
                              TZF4, WAHL Model LXD T/C Alnor Digicon Model                              
                              6840 or Leeds & Northrup Millivolt                                        
                              Potentiometer.                                                            
                  We find that the request for engineering assistance provides                          
            a detailed description of the heat exchange system for which                                
            petitioner seeks an ITC.  The request for engineering assistance                            
            identifies components of the system by name.  As the court stated                           
            in United States v. Commonwealth Energy Sys., 235 F.3d at 16:                               
            “the requirement that the specifications and amount of the                                  
            property be readily ascertainable indicates that the inquiry need                           
            be specific, although not exact.”  Because these descriptions                               
            specifically identify the property at issue, the “readily                                   
            identifiable” requirement of TRA section 204(a)(3) has been                                 
            satisfied by the request for engineering assistance for the heat                            
            exchange system.                                                                            
                  The licensee event report, the substantial safety hazards                             
            evaluation, action item No. 19850484, the spent fuel disposition                            
            management action plan, the energy management plan, and the BCS                             
            requirements studies fail to readily identify the specifications                            
            and amount of property for which petitioner claims ITCs.                                    
                              v.    Contracts                                                           
                  Petitioner argues that several contracts readily identify                             





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Last modified: May 25, 2011