FPL Group, Inc. & Subsidiaries - Page 37

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            property in issue, no related documents were incorporated by a                              
            supply or service contract, and the property generally was not                              
            readily identifiable from the related documents, we hold that the                           
            fuel assemblies, the nuclear plant property (the MSIV air                                   
            accumulation system, surveillance system for the heat exchangers,                           
            reactor vessel probes, raceway protection, spent fuel equipment,                            
            and the area radiation monitoring system equipment), the                                    
            environmental property (wastewater neutralization treatment                                 
            system and replacement of PCB transformers), the simulator and                              
            training buildings, and the LMS do not qualify as transition                                
            property under TRA section 204(a)(3).                                                       
                        e.    Class Life of Nuclear Fuel Assemblies Pursuant to                         
                              TRA Section 203(b)(2)                                                     
                  Finally, with respect to the ITC claimed for nuclear fuel                             
            assemblies placed in service in 1988, 1989, and 1990, we conclude                           
            that petitioner is not entitled to those credits even if the fuel                           
            assemblies would otherwise qualify as transition property under                             
            TRA section 204(a)(3).                                                                      
                  Congress imposed restrictions on the availability of the ITC                          
            for transition property.  One of these restrictions is contained                            
            in TRA section 203(b)(2), which provides:                                                   











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