FPL Group, Inc. & Subsidiaries - Page 108

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            “Of, relating to, or designating a particular or defined thing;                             
            explicit”.                                                                                  
                  Petitioner argues that TRA section 203(b)(1)(C) provides                              
            relief from the ITC repeal for the following items:  (1) The                                
            “backfit” items at St. Lucie nuclear power plant; (2) the “wrap                             
            up” work and “enhancements and deficiencies” work at the SJRPP;                             
            and (3) the equipment installed at the distribution and                                     
            transmission substations.  Respondent argues that petitioner is                             
            not entitled to an ITC for these items because petitioner (1)                               
            failed to offer evidence of written specific plans, (2) did not                             
            begin construction by December 31, 1985, and (3) did not incur or                           
            commit more than one-half of construction costs by December 31,                             
            1985.                                                                                       
                  1.    “Backfit” Items at St. Lucie                                                    
                  In asserting that FPL is entitled to an ITC for the                                   
            “backfit” items, petitioner specifically lists the following                                
            properties that qualify under the plant facility exception:  (1)                            
            The underwater intrusion system; (2) the condensate polisher tie                            
            line; and (3) the instrument air system upgrade.  Petitioner                                
            asserts that the construction plan for St. Lucie Units 1 and 2                              
            satisfies the “written specific plan” requirement of the plant                              
            facility rule.  St. Lucie Units 1 and 2 were placed in service in                           
            1976 and 1983, respectively.  The underwater intrusion system                               
            property was placed in service during the 1990 taxable year with                            





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