- 179 - underwater intrusion system constitutes separate property, the system must satisfy the requirements of TRA section 203(b)(1)(B) independently from St. Lucie Units 1 and 2. As a result, we find that petitioner failed to incur or commit $1 million or 5 percent of the construction costs of the redesigned underwater intrusion system before December 31, 1985. ER 4866, which was not approved until late 1988/early 1989, authorized FPL to construct the underwater intrusion system. We find that FPL did not begin construction before December 31, 1985, because petitioner did not receive authorization for the redesigned underwater intrusion system until late 1988/early 1989. We find that the underwater intrusion system does not qualify for an ITC under the self-constructed property rule because petitioner failed to incur or commit $1 million or 5 percent of the construction costs as of December 31, 1985, and petitioner did not begin construction of the system as of December 31, 1985. b. Condensate Polisher Tie Line Petitioner contends that the condensate polisher tie line qualifies for an ITC under the self-constructed property transitional rule. Petitioner asserts that the condensate polisher tie line and St. Lucie Unit 2 constitute a single unit of property. Respondent argues that these items constitute separate property, and that petitioner is not entitled to an ITCPage: Previous 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 Next
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