FPL Group, Inc. & Subsidiaries - Page 117

                                               - 197 -                                                  
            petitioner claims ITCs were placed in service during the 1988,                              
            1989, and 1990 taxable years with tax bases of $3,264,386,                                  
            $8,091,517, and $4,413,670, respectively.  Respondent contends                              
            that petitioner failed to introduce written specific plans.  In                             
            addition, respondent asserts that these substations do not                                  
            qualify for the plant facility rule because petitioner did not                              
            begin construction and did not commit to the construction costs                             
            by December 31, 1985.                                                                       
                        a. Written Specific Plan                                                        
                  We find that petitioner satisfies the “written specific                               
            plan” requirement of the plant facility transitional rule.  Ken                             
            Veronee, a substation engineer for FPL, testified that the plot                             
            plans showed “the location and the number of the transformers” at                           
            the substations.  At trial, Mr. Veronee specifically identified                             
            the equipment on each plot plan and testified that the equipment                            
            for which petitioner seeks an ITC was “within the scope” of the                             
            original plan.132  The plot plans consist of diagrams that                                  


                  132 For the following substations, petitioner introduced the                          
            plot plans and Mr. Veronee testified that the transformers and                              
            other equipment at issue were included in these plans:  Alva                                
            substation; Babcock substation; Cedar substation; Court                                     
            substation; Broward and Crystal substations; Deltona substation;                            
            Dumfounding substation; Golden Gate substation; Hollybrook                                  
            substation; Lakeview substation; Lewis substation; Lindgren                                 
            substation; Miami Lakes substation; Milam substation; Park                                  
            substation; Howard and Proctor substation; Remsburg substation;                             
            Rubonia substation; Saga substation; Southside substation;                                  
            Springtree substation; St. Joe substation; Sweetwater substation;                           
            Willow substation; and Winkler substation.                                                  




Page:  Previous  187  188  189  190  191  192  193  194  195  196  197  198  199  200  201  202  203  204  205  206  Next

Last modified: May 25, 2011