- 143 - property/equipment that they purchased for the restaurant. The Court disagreed and quoted the legislative history confirming that, for the exception to apply, the subject of the “binding contract” must be the “construction, reconstruction, or acquisition of property for use at that premises.” Id. Despite petitioner’s protestations, the subject matter of the interchange contract and the amendments was not the construction, reconstruction, or acquisition of property. Instead, this contract defined the relationship between the parties and the sale and exchange of electricity between them. Although we agree that the interchange contract acknowledged that FPL was responsible for providing the property or equipment to facilitate the exchange of power (at least on its side of the Florida State line), we do not believe that that provision was the subject matter of the contract. Similarly, the subject matter of the amended power agreement is to provide the terms for the purchase and sale of electricity. While the amended power agreement includes a provision that describes the internal transmission lines that FPL would construct, these transmission lines were completed by January 1, 1985. Rather than serving as the subject matter of the amended power agreement, the provision relating to the construction of the transmission lines describes how FPL shall satisfy its obligation to purchase the power.Page: Previous 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Next
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