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available to FPL until May 31, 1995. The agreement contemplated
that FPL would provide the necessary facilities and equipment to
receive this power. The agreement states, in pertinent part:
4.1 Points of Delivery: Southern Companies shall
deliver the power and energy purchased by FPL hereunder
to the Points of Delivery specified in Article III of
the FPL-Southern Companies Interchange Contract dated
October 18, 1979 and amended by Agreement dated
February 19, 1981 and the points of delivery to be
established pursuant to Section 4.2 below.
* * * * * * *
4.3 Construction of FPL’s Internal Transmission:
It is recognized that FPL must construct certain
internal transmission lines to allow it to increase
purchases of unit power capacity during the contract
period beginning January 1, 1985 * * *. Those
facilities are (i) a 500 kV transmission line from its
Duval Substation to its Rice Substation continuing to
its Poinsett Substation, (ii) a separate 500 kV
transmission line from its Duval Substation to its
Poinsett Substation, and (iii) a 500 kV transmission
line from its Poinsett Substation to its Martin
Substation. * * *
FPL completed each of the transmission lines by January 1, 1985,
as required by the amended power agreement.
Many of the documents that FPL offered as evidence to show
that it spent funds on facilities and equipment reference the
Southern company contracts. For example, BI Nos. 272, 273, and
274 and ER Nos. 1248, 1249, 1776, 1778, 2383, and 1224 all state
in pertinent part: “Additional bulk power transfer capacity
* * * is also needed to reliably transfer contracted firm power
purchases from the Southern Company”. Similarly, ER Nos. 3216,
3623, and 3219 all state: “According to the existing contracts
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