FPL Group, Inc. & Subsidiaries - Page 33

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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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