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ORDER NO. PSC -2018 -0085 -PAA -EQ
<br />DOCKET NO. 20170226 -EQ
<br />PAGE 14
<br />Second Revised Sheet No. 9.036
<br />FIARIDA POWER & TIGHT COMPANY Cancels First Sheet No. 9.036
<br />(Continued from Sheet No. 9.035)
<br />8.4.6 After providing notice to the QS, FPL slluall not be required to purchase or receive energy from the QS during any period in
<br />which, due to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those
<br />which it would incur if it did not make such purchases. An example of such an occurrence would be a period during which the load being
<br />served is such that the generating units our line arc base load waits operating at their minimum continuous ratings and the purchase of
<br />additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with pealang-type
<br />generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity
<br />pursuant to this Scefi on.
<br />8.4.7 If the Facility has a Coicanitted Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall
<br />be the responsibility of the QS. If the Facility has a Committed Capacity greater than or equal to 75 MVV, then control, scheduling and
<br />dispatch of fimr capacity and energy shall be die responsibility of the QS, except daring a "Dispatch How", i.e., any clock (tour for which
<br />Fill, requests the delivery of such capacity and energy. luring any Dispatch Hour. (a) control of the Facility will either be by Seller's
<br />manual control under the direction of FPL (whether ordly or in writing) or by Automatic Generation Control by FPL's system control center
<br />as determined by FilL, and (b) FPI, may request that the real pow, r outpud be at any level up to the Committed Capacity of the Facility,
<br />provided, in no event shall FPL require the real power output of the Facility to be below the Facility's Minimum Load without deconunitting
<br />the Facility. The Facility shall deliver the capacity and energy requested by FPL within minutes, taking into account the operating
<br />limitations of the generating equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable
<br />by prudent industry standards for the technology and equipment being utifized and assuming the Facility is operating at or above its
<br />Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time from Hot to Hot will be taken into consideration provided
<br />such are reasonable and consistent with prudent industry practices for file technology and equipment being utilized. Tlic Facility's q)crating
<br />Characteristics lave been provided by the QS and are set forth in Appendix D, Section IV of Rate Schedule QS -2.
<br />8.4.8 if the Facility has a Committed Capacity of less than 75 M\V, FPL may require during certain periods, by oral, written, or
<br />electronic notification that the QS cause the Facility to reduce output to a level below the Committed Capacity but not lower than the
<br />Facility's Minimum load FPL shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. The
<br />frequency of such request shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (4)
<br />hours.
<br />8.4.9 FPL's exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the part of PPL,
<br />including any claim for breach of contract or for breach of any covenant ofgood faith and fair dealing.
<br />9. ComplellonfPerformatroo Secwlq•
<br />9.1 As security for the achievement of the Guaranteed Capacity Delivery Date and satisfactory perform nee of its obligations
<br />hereunder, the QS shall provide FPL either: ('a) an unconditional, irrevocable, standby letter of credit(s) with an expiration date no earlier
<br />than the end of the first (i qt) anniversary of the Capacity Delivery bate (or the next business day thereafter), issued by a U.S. commercial
<br />bank or the U.S. branch of a foreign bank having a Credit Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer"),
<br />in form and substance acceptable to FPI, (including provisions (i) permitting partial and full draws and (ii) permitting FPI, to draw in fill if
<br />such letter of credit is not renewed or replaced as required by the terms hereof at least thirty (30) business days prior to its expiration date)
<br />("Letter of Credit'); (b) a bond, issued by a financially sound Company acceptable to FPL and in a form mid substance acceptable to FPL,
<br />("Bond); or (c) a cash collateral deposited with FPL ("Cash Collateral') (arty of (a), (b), or (c), the "Completion/Performance Security).
<br />Completion/Performance Security shall be provided in die amount and by Ow date listed below:
<br />(a) $50.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL within five (5)
<br />btesinccs days of the Fifrcctivc Detc; and
<br />(b)S 100.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL two years before
<br />the Guaranteed Capacity Delivery nate.
<br />"Credit itatins" means with respec(to any entity, on any date of eletemrinmtion, the respective ratings then assigned to such entitys
<br />unsecured, senior long-term debt or deposit obligation,, (not supported by third party credit enhancement) by S&P, Moody's or other
<br />specified rating agency or agencies or if such entity docs not have a rating; for its unsecured, senior long-term debt or deposit obligations,
<br />then the rating assigned to such entity ns its "corporate credit rating" by S&P.
<br />"Moo 's" means Moody's Investors Service, Inc. or its successor.
<br />"Sfi�. " means Standard & Poor's Ratings Group (a division of The McGraw -Hili Companies, Inc.) or its successor.
<br />(Continued on Sheet No. 9.037)
<br />Issued byt S. E. Romig, Director, Rates and Tariffs
<br />Effective: September 13, 2016
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