- 174 - lines. We agree with respondent that “a granted application only constitutes permission to proceed” with the construction of the transmission lines, not a binding contract to incur the construction costs. Petitioner further relies on Mr. Saunders’s testimony that it was “not likely” that FPL would abandon the completion of the transmission lines after its certificate received approval. While it may have been unlikely that FPL would have abandoned these plans to construct the transmission lines at issue, Mr. Saunders’s testimony does not indicate that FPL had incurred any costs or had a binding obligation to incur these costs. Additionally, TRA section 203(b)(1)(B) mandates that a taxpayer begin construction as of December 31, 1985, to receive an ITC under the “self-constructed property” transitional rule. FPL generally does not begin construction before an expenditure requisition has been authorized. The expenditure requisitions that relate to these items indicate that petitioner authorized the construction of the transmission lines after December 31, 1985.124 124 The following table lists the transmission components at issue and the authorization dates stated on the expenditure requests: Transmission Line Component Year Authorized Expenditure Requisition Crane-Turnpike 230- 1989 ER 5366 kV line (continued...)Page: Previous 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 Next
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