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(UF6) that FPL needed to provide; however, because it did not
state the number of nuclear fuel assemblies that FPL planned to
construct, the percentage of UF6 lacks specificity. The “readily
identifiable” requirement demands a more explicit statement of
the amount of property required for the nuclear fuel assemblies
than contained in this contract. The nuclear fuel assemblies are
“too attenuated” to be readily identifiable with the Westinghouse
contract term that identifies the percentage of UF6 that
petitioner must supply. See Bell Atl. Corp. v. United States,
224 F.3d at 224.
Petitioner argues that the Exxon contract readily identifies
the fuel assemblies specifications. Specifically, petitioner
relies on article 7.1, which states:
FPL shall make SNM [special nuclear material] available
to Seller f.o.b. carrier at either an Enrichment
Facility or the Fabrication Facility pursuant to
Article 7.3 and natural uranium available to Seller
f.o.b. carrier at a converter’s facility, consistent
with the provisions of Article 5.6.1 hereof. Such SNM
and natural uranium shall be equal to one hundred
percent * * * of the loading requirements of the final
design as agreed by the Parties together with the
Excess for each Region to be fabricated hereunder. The
SNM shall be in the form of uranium hexafluoride unless
otherwise agreed to by the Parties. FPL will be
responsible for withdrawal and packaging charges. FPL
shall make such SNM and natural uranium available to
Seller on a schedule consistent with the provisions of
Appendix C. Should agreement not be reached on the
quantity and/or enrichment of the SNM, or on the final
design, the provisions of Article 15.7 shall apply.
At trial, Mr. Villard also testified that appendix A, Reference
Fuel Assembly Design St. Lucie Nuclear Unit #1, to the Exxon
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