FPL Group, Inc. & Subsidiaries - Page 97

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            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 ITC                            





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