FPL Group, Inc. & Subsidiaries - Page 63

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            binding on” December 31, 1985.  The conference report clarifies                             
            that “The general binding contract rule applies only to contracts                           
            in which the construction, reconstruction, erection, or                                     
            acquisition of property is itself the subject matter of the                                 
            contract.”  H. Conf. Rept. 99-841 (Vol. II), supra at II-55,                                
            1986-3 C.B. (Vol. 4) at 55.                                                                 
                  The agreement for the SJRPP, dated April 2, 1982, is                                  
            entitled “Agreement for Joint Ownership, Construction and                                   
            Operation of St. John’s River Power Park Coal Units #1 and #2                               
            Between Jacksonville Electric Authority and Florida Power & Light                           
            Company”.  The agreement states part of its purpose as:                                     
            “WHEREAS, the parties desire to provide for the construction and                            
            operation of Coal Units 1 and 2 by JEA and FPL in accordance with                           
            this Agreement”.  Section 2.1.4 of the agreement states that                                
            “This Agreement * * * [constitutes] legal, valid and binding                                
            obligations of FPL enforceable against it in accordance with                                
            their terms”.                                                                               
                  Section 3 of the agreement describes the ownership and                                
            construction of the SJRPP.  Subsection 3.7 states:                                          
                  At or before Closing, JEA, as agent, shall establish a                                
                  separate account or accounts in the name of the Co-                                   
                  owners (the “Construction and Plant Account”)                                         
                  * * *.  The Co-owners shall pay into the Construction                                 
                  and Plant Account (i) in proportion to their Ownership                                
                  Interests amounts of Costs of Construction * * *.  Such                               
                  payment into the Construction and Plant Account shall                                 
                  be made in accordance with Section 3.8 hereof.  * * *                                 






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