- 120 - (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 ExxonPage: Previous 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Next
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