FPL Group, Inc. & Subsidiaries - Page 110

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            a tax basis of $338,665.  The condensate polisher tie line was                              
            placed in service during the 1989 and 1990 taxable years with tax                           
            bases of $3,826,317 and $388,906, respectively.  The instrument                             
            air upgrade property was placed in service during the 1988, 1989,                           
            and 1990 taxable years with tax bases of $1,541,721, $1,717,941,                            
            and $316,912, respectively.  Respondent argues that petitioner                              
            fails to satisfy the written specific plan requirement because                              
            the one-page plot plan does not specifically identify the                                   
            “backfit” items at the St. Lucie Units 1 and 2. We conclude                                 
            that petitioner failed to introduce a “written specific plan” for                           
            the “backfit” items.  Although the parties stipulate that the                               
            one-page plot plan constituted construction plans for the St.                               
            Lucie Units 1 and 2, petitioner has failed to prove that the plan                           
            satisfies the specificity required by TRA section 203(b)(1)(C).                             
            Mr. Paduano, a retired FPL manager,130 testified that the                                   
            construction plan identifies “the top view of the power plant                               
            showing the major buildings and some of the major equipment and                             
            the general layout locations of those equipments and buildings”;                            
            however, he further testified that this document does not                                   
            specifically identify the “backfit” items at issue.  Mr. Paduano                            
            testified that petitioner constructed St. Lucie Units 1 and 2                               
            using “tens of thousands of drawings for this site plan”;                                   

                  130 Mr. Paduano worked on a “broad area of projects”,                                 
            primarily resolving “technical issues and plan modifications and                            
            backfit.”                                                                                   




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