- 119 - the property for which it claims ITCs.104 Particularly, petitioner cites: (1) The nuclear fuel fabrication and related services contract between Westinghouse and FPL (Westinghouse contract), entered into as of November 5, 1979, and amended in February 1990 and June 1992; (2) the nuclear fuel fabrication and related services contract between FPL and Exxon Nuclear Co. (Exxon contract), dated January 30, 1982; (3) the A.B. Chance LMS Contract (A.B. Chance contract); and (4) the LMS specifications, dated November 1983. Petitioner contends that article 5.1 of the Westinghouse contract provides the quantity of enriched uranium necessary for the fuel assemblies. Article 5.1 states that FPL shall: a. Supply one hundred percent * * * together with an Excess of eight tenths of one percent * * * of the enriched uranium hexafluoride required to meet the final design uranium loading for each Region to be fabricated in the quantity, and enrichment and at the times specified by Westinghouse consistent with Article 31, SCHEDULES. The enriched uranium hexafluoride shall be of the quality supplied by DOE as of February 1, 1979. Petitioner asserts that the amount of nuclear fuel assemblies that it acquired was “determinable from” the fabrication contracts and the 18-month refueling cycle for the nuclear reactors. Article 5.1 of the Westinghouse contract identified the percentage of the enriched uranium hexafluoride 104 Petitioner does not argue that these contracts are themselves supply or service contracts.Page: Previous 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Next
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