- 186 - flexibility created by interchangeable spent fuel racks may make these items more useful to petitioner, we do not think that this feature makes the spent fuel racks interdependent or essential to the other racks. Because the spent fuel racks at St. Lucie Unit 2 and Turkey Point Unit 3 were placed in service before the components in issue, we conclude that the spent fuel racks in issue constitute separate property. As a result, we find that petitioner did not incur or commit $1 million or 5 percent of the construction costs for the spent fuel racks at St. Lucie Unit 1 or Turkey Point Unit 4 as of December 31, 1985. We also find that petitioner did not begin construction of the spent fuel racks in issue as of December 31, 1985. ER 9304 indicates that petitioner authorized construction of the spent fuel racks at St. Lucie Unit 1 in January or February 1986. This ER refers to BI 190, which describes the spent fuel storage racks planned for St. Lucie Unit 1 and states that “Date work to be started January, * * * 1986". We find that petitioner began construction of the spent fuel racks at St. Lucie Unit 1 after December 31, 1985. With respect to the spent fuel racks at Turkey Point Unit 4, ER 1760 authorized the construction of the spent fuel racks at Turkey Point Unit 4 in March 1987. ER 1760 refers to BI 198; however, this budget item is not contained in the record. We believe that petitioner did not begin construction of the spentPage: Previous 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 Next
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