- 33 - With respect to the installation of wastewater neutralization treatment system, petitioner incurred capitalized costs (tax basis) of $241,469 and $233,742 for equipment placed in service in the 1988 and 1989 taxable years, respectively. 2. PCB Transformers Polychlorinated biphenyls (PCBs) are a hydrocarbon that has been chlorinated. PCBs have been identified by environmental regulators as a potential risk to human health and the environment. The Toxic Substance Control Act of 1976, Pub. L. 94-469, 90 Stat. 2003, current version at 15 U.S.C. sec. 2605 (2000), prohibits the manufacture, processing, or distribution in commerce or use of PCBs in any manner other than in a totally enclosed manner. FPL previously used PCBs in its fossil fuel power plant transformers. FPL claims ITCs for the replacement of PCB transformers in the 1988, 1989, and 1990 taxable years. In 1982, the EPA promulgated a rule, 40 C.F.R. sec. 761 (1982) (the PCB rule), that regulates the use of PCBs. The PCB rule, inter alia: (1) “Prohibits the use of PCB Transformers and PCB-filled electromagnets (with a PCB concentration of 500 ppm or greater) * * * after October 1, 1985, and requires a weekly inspection of this equipment for leaks of dielectric fluid until that date”; (2) “Authorizes the use of all other PCB Transformers 35(...continued) according to the specific conditions of the TOPs.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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