FPL Group, Inc. & Subsidiaries - Page 31

                                               - 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

Last modified: May 25, 2011