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net firm interchange power available to the FPL system during
the 1988-1992 * * * which includes a 2000 MW firm interchange
from Southern.” Some documents do not reference the Southern
company contracts at all; i.e., BI Nos. 304 and ER Nos. 1984,
1479, and 3276. Other documents appear to relate to the Southern
company contracts; for example, ER No. 5334, which concerns the
installation of one 500-kV bus tie breaker at the Poinsett
substation, states: “With the present configuration * * * a
maintenance outage of one of the mid-breakers greatly reduces
FPL’s import capability.” Also, BI No. 129 and ER Nos. 9326,
9327, 9329, 9334, 9337 state: “While importing large amounts of
power”. (Emphasis added.)
Respondent cites United States v. Commonwealth Energy Sys.,
235 F.3d 11 (1st Cir. 2000), for the proposition that FPL’s
property at issue was not readily identifiable with the Southern
company contracts, and as such, should not receive transition
relief. The court explained that the legislative history
indicated that the specifications and amount of the property must
be readily ascertainable from the source documents, which are the
contract and related documents. Id. at 16. Because the statute
requires that the specifications and amounts of property be
ascertainable, this examination must be specific, but not exact.
Id. In that case the taxpayer sought an ITC for replacement
property. Id. at 13. The court found that the taxpayer could
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