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ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 12 FLORIDA POWER & LIGHTCOMPANY (Continue front Sheet No. 9.033) Attachment A Original Sheet No. 9.033.1 5.5.f A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating: (a) the nameplate capacity ratinit of the Facility at the anticipated time orcommercial operation, which nmst be at least 94%ofthe Expected Nameplate CanacityRating; (b) that the Facility is able to £operate electric energy reliably in Amounts expected by this Agreement and in accordance with all other terms and conditimts hcrcoP (c) that Start -00 Testing of the Ftcility° has been competed: and d) that, pursuant to Section 9.4. all s Item protection and control and Automatic Generation Cartrol devices are installed and operational_ 5.5.2 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating, in conformance with the renuirements of the Interconnection Agreement. that (a) all required interconnection fatilities have been constructed: (b) all required interconnection tests have been completed; and (c) the Facility is phvsically interconnected with the System in conformance with the Interconnection Agreement and Able to deliver cnergv consistent with the term%ofthis Agreement. 5.5.3 A certificatc addressed from a Licensed Professional Engineer (reasonably acceptable to FPI, in all respecq) slating that OS has obtaiped or entered into all permits And agreciocntc with respect to the Facilitv ncce%sary for cpnstruction. ownership, operation, and maintenance orihe 17acility (the "Required Agreements'). OS must provide copies ofanv_or all Required Agreements requested by FPL. 5.5A An opinion from a law firm or attomev, rceisterFd or licensed in the State of Florida (reasonably acceRiable to FPL in all respects). stating. aficr all appropriate and reasonable inquiry, that: (a) QS has obtained or entered into all Required Agreements: (b) neither QS nor the Facility is in violation pf or %uhiect to an liy ability under atty applicable laws; and (c) OS has duly riled and had recorded all orthe agreements, documents, instrumerus, mortgages, deeds oftmst, and other ssritines described in Section 9.7. 5.5,5 FPL has received (tie Completion/Performance Securitv((a) through (e). the "Commercial Operation Conditions"). FPL shall have ten (10) Business Days after receipt either to confirm to OS that all of the Delivery Date Conditions have been satisfied or have occurred, or to state with specificity what FPL reasonably believes has not been satisfied. 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided. the Capacity Delivery Date occurs on or before the in-service date of the Avoided Knit (or such later date permitted by FPL pursuant to the following sentence). If the Capacity Delivery Date docs not occur on or before the Guaranteed Capacity Delivery Date, IPL shall be entitled to the Conipletion(Perronnance Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation to allow the QS tip to an additional five (5) months to achieve the Capacity Delivery Date. If the QS fails to achieve the Capacity Deliver), Date either by (a) the Guaranteed Delivery Date or b) such later date as permitted by FPL. FPI. shall have no obligation to make any capacity payments under this Contract and FPL will be pennitted to terminate this Contract, consistent with the terms herein, without further obligations, duties or liability to the QS. (Continue on Sheet No. 9.034) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: wiz