FPL Group, Inc. & Subsidiaries - Page 92

                                               - 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...)                




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