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ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 15 Attachment A Seean Third Re-0sed Sheet No. 9.036 FLORIDA POWER & LIGHT COMPANY Cancels 44FstSecond Sheet No. 9.036 (Continued from Shed No, 9.035) 8.4.0 After providing notice to the QS, FPL shall not be required to purchase or receive energy from the QS during any period in which. due to operational circumstances, the purchase or receipt of such energy would result in FL'l,'s incurring costs greater than those which it would incur if it did not make such purchases. An example of such no occurrence would be a period during which the load being served is such that the generating units on line arc base load units operating at their minimum continuous ratings and the purchase of additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with peaking -type generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive eturgy and firm capacity pursuant to this Section. 8.4.7 If the Facility has a Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS. If the Facility has a Committed Capacity greater than or equal to 75 MAr, then control, scheduling and dispatch of firm capacity and energy shall be the responsibility ofthe QS, except during a "Dispatch Hour', i.e., any clock hour for which FPI. requests the delivery of such capacity and energy. During any Dispatch Hour: (a) control ofthe Facility Dill either be by Sellers manual control under the direction of Fpl. (whether orally or in writing) or by Automatic Generation Control by FPL's system control center as determined by FPL, and (b) FPL may request that the real power output be at any level up to the Committed Capacity of the Facility. provided, in no event shall FPI. require the real powweroutput ofthe Facility to be below the Facility's Minimum Load without deeommitting the Facility. The Facility shall deliver lite capacity and energy requested by FPL within minatcs. taking into account tin: operating limitations ofthe generating equipment as specified by the manufacturer. provided such time period specified heroin is considered reasonable by prudent industry standards for the technology and equipmentbeing utilized and assuming die Facility Is operating at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Tumamund time from Hot to Hol will be taken into consideration provided such are reasonable and consistent with prudent industry practices for the technology and equipment being utilized. The Facility's Operating Characteristics have been provided by the QS and are set fonh fit Appendix D. Section IV of Ratc Schedule QS -2. 8.4.8 if the Facility has a Committed Capacity of less than 75 MA', FPL may require (luring certain periods, by oral, writu n, or electronic notification that the QS cause the Facility to reduce output to a level below the Commined Capacity but not lower than the Facility's Minimum Load. Fi'L shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. The frequency of such request shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (4) hours. 8.49 FPL's exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the pan of FPL. including any claim for breach of contract or fur breach of any covenant of good faith and fair dealing. CompletionlPerrormance Security The security content lated by this Section 9 constinnes securhv for- but is not a lintftntfnn of, QS's obligations hereunder and shall not fie FEL's exclusive romedv for QS's falurc to txrfonn in ocenrdnnce with this Agreement. 9.1 As security for the achievement of the Guaranteed Capacity Delivep• Date and satisfactory perfomtance of its obligations hereunder, the QS shall provide FPI, either: (n) an unconditional, irrevocable, standby letter of credits) with an expiration date no earlier than the end of the first (Ist) anniversary of the Capacity Delivery Dae (or the next business day thereafter), issued by a U.S. commercial bank or the U.S. branch ora foreign hank having a Credit Rating of A- or higher by SRP or A3 or higher by Moodys (a "Qualified Issuer'), in fonn and substance acceptable fo FPL (including provisions (i) permi06ng partial and full draws and (ii) permitting FI'L to draw in full if such letter of credit is not renewed or replaced as required by the terns hereof ut least thirty (30) business days prior to its expiration date) C9.ettcr of Credit"): (b) a bund. issued by a financially sound Company acceptable to FPI. and in a form and substance acceptable to FPI„ ("Rond"): or (c) a cash collateral deposited %Alh FI'L ("Cash Collateral') (ony of (a), (b), or (c). the "CompletimtrPerfomtance Security'). ComplelionlPcd'ormance Security shall be provided in the amount and by the date listed below; (a) 550.00 per kW (for the number ofkW of Committed Capacity set forth in Section 5.1) to be delivered to FPL wvithin five (5) business days ofthe Effective Date: and (6)5100.00 per kA' (tor the number of kA' of Committed Capacity set forth in Section 5.1) to Itc delivered to FPL txvo years bcforc the Guaranteed Capacity Delivery Date. "Credit Racine" means wish respect to not, entity, on any date of determination, the respective ratings then assigned to such o city's unsecured, senior long-term debt or deposit obligations (not supported by third party credit enhancement) by S&P, Moody's or other spccificd rating agency or agencies or if such entity does not have a rating for its unsecured, senior long-term debt or deposit obligations, then the rating assigned to such entity as its "corporate credit rating' by S&P. `-z�m,aaos Mae- y4loveslr:r,,Seruit. htc tx i+wsocessuF "S&P" means Standard R 1'oors Ratings Ciroup (a division of'1Tte McGraw -I fill Companies. Inc.) or fits successor. Effective: Q Is