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ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 11 Attachment A 14,4444Ninth Revised Sheet No. 9.033 FLORIDA POWER Ar LiGHT COMPANY Cancels $eveuM iehih Shect No. 9.033 (Continued from Shect No. 9.032,1) 4. Sale ofEncrgy and Capacity by the QS 4.1 Consistent with ilia terms hereof, the QS shall sell and deliver to FPI. and FPI. shall purchase and receive from the QS at ilia Dclivcry Point (defined below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to purchase all energy and capacity produced by ilia Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement: provided, however. that no such arrangement shall cause the QS to sell more energy and firm capacity than the Facility's net output. The billing methodology may be changed at the option of the QS. subject to the provisions or FPI. Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either: (a) the point of interconnection between FPI: s system and the transmission system of the final utility transmitting energy and firm capacity front ilia Facility to the PPL system, is speeifcally described in ilia applicable Wheeling Agreement. or (b) the point of interconnection between the Facili%y and FPL's lrmsmission system, as specifically described in the Interconnection Agreement. 4,2 The QS shall not rely on interruptible standby service far the stat up requirements (initial or otherwise) of the Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of the Facility, 4.4 The QS shall be respnnsible for all interconnection. electric losses, transmission and ancillary service arrangements and costs required to deliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery Point. 5. Committed Capacity/Capacity Delivery Datc 5.1 The QS commits to sell and deliver firm capacity to FPI. at the Delivery Point: the amount orwhieh shall be determined in accordance with this Section 5 (the "Committed Capacity*). Subject to Section 5.3 the Committed Capacity shall be MV. delivery data no later than the in-service date of the Avoided Unit or as otherwise specified in Appendix L (the "Guaranteed Capacity Delivery Date'). 5.2 Testing of the capacity of the Facility (each such test, a "Committed Capacity Test') shall be performed in accordance with the procedures set forth in Section 6. The Demonstration Period (defined herein) l'or the first Committed Capacity Test shall commence no earlier Urn six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Cuaramced Delivery Date. The first Committed Capacity Test shall be deemed successfully completed N%Iicn the QS demonstrates to FPL`s satisfaction that the Facility can make available capacity or at least one hundred percent (100%) of the Committed Capacity set forth in Section 5.1. Subject to Section 6.1. the QS may schedule and perforin up to three (3) Committed Capacity Tests to satisfy the capacity requirements ofthe Contract. 5.3 FPL shall have the right to require the QS. by notice no less than tar (10) business days prior to such proposed test. to validate ilia Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Summer period and once par each Winter period at I'I'L's sole discrction.(b) at any time ilia QS is unable to comply with any material obligation under this Contract for a period of thirty (30) days or more in the aggregate as a consequence of an event of force Majeure, and (c) at any time the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor. as defined in Appendix B (tire "ACBE`). equal to or greater than 70%. The results of any such test shall be provided to FPL within seven (7) days of the conclusion of such test. on and attar the date of such requested Committed Capacity Test, and until the completion of a subsequent Committed Capacity Test. the Committed Capacity shall be deemed as the lower of the tested capacity or the Committed Capacity as set forth in Section 5.1. 5A Notwithstanding anything to the contrary herein. the Commiucd Capacity shall not exceed the amount set firth in Section 5.1 without Ue prior written consent off -'PL such consent not unreasonably withheld. 5.5 'lie "Capacity Delivery Date' shall be defined is ilia first calendar day immediately A44owiegalicr the data of]biloacinc the past to occur f a the Facility's successful completion of the first Committed Capacity Test but no earlier than the commencement date fur deliveries of firm capacity and energy (as such is specified in Appendix E) and (h) ilia mikficlion by QS or the following Delivery Dale Conditions defined below . S,(..�:he-fife.�statlt�l>:-enaitled-ia-racrive-Eapaeit±=pa}vuenrs-beginning-orrehe-C=epae+t+-1;'e3icer�ait: pro+(ded-the-L=apaeily-Netiv-;j�'aM 4ieuuF+4m-vr-IeA+Fio4ira`-;.sem-ke chit orilie...amvz.:•ia-ia-^,:H'I`L.�....a..e.......1.....111.. t;m-..........,. the ffl11@..:.........�,.....��e�—Tv f-i1f2 Copaeily-)�2livrrv-laaap-rtue art.-tetear-erl-or-befrrte-tit ivaranlec.: (:apavhy-Delivery Date rua _wall m. ":titled -to -aha Ct stp}etieuklperTustlxuta to 9) in fail; and t ofaddiliotme! 4ito t mlMru . Me. Di}per ! neieatNlfwa-Feltkrrn?t; c+mits'tsl vtt+vSlll-Ihz-lin MiwNkKr.�ImNirrnr-4it+{ai{ity (Continued on Sheet No. 9.034.31) Issued by: S.4-Romi_Tiffanv Cohen, Director, Rates and Tariffs Effective: Septeffibe_- i N