FPL Group, Inc. & Subsidiaries - Page 58

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            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.                                                           





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