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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 11 <br />Attachment A <br />Page 6 of 71 <br />(•� DUKE SECTION NO. IX <br />SECOND REVISED SHEET NO, 9.405 <br />C ENERGY, CANCELS FIRST REVISED SHEET NO. 9.405 <br />1. Definitions <br />'AFR" means the Facility's annual fuel requirement. <br />"AFTR" means the Facility's annual fuel transportation requirement <br />"Annual Capacity Billing Factor' or "ACBE" means 12 month rolling average of the Monthly <br />Availability Factor as further defined and explained in Appendix A. <br />"Apperidices" shall mean the schedules, exhibits, and attachments which are appended hereto <br />and are hereby incorporated by reference and made a part of this Contract. Such Appendices <br />include: <br />"Appendix A'' sets forth the Monthly Capacity Payment Calculation. <br />"Appendix B" sets forth the Termination Fee. <br />"Appendix C" sets forth the Detailed Project Information. <br />"Appendix D" sets forth Rate Schedule COG -2. <br />"Appendix E" sets forth the Agreed Upon Payment Schedules and Other Mutual <br />Agreements <br />"Appendix F" sets forth Florida Public Service Commission ("FPSC") Rules 25-17.080 <br />through 25-17.310, F.A.C. <br />"As -Available E=nergy Rate'' means the rate calculated by DEF in accordance with FPSC Rule <br />25-17.0825, F.A.C., and DEF's Rate Schedule COG -1, as they may each be amended from time <br />to time <br />"Authorization to Construct" means authorization issued by any appropriate Government <br />Agency to construct or reconstruct the Facility granted to RF/QF in accordance with the laws of <br />the State of Florida and any relevant federal law. <br />"Avoided Unit" means the electrical generating unit described in Section 4 upon which this <br />Contract is based. <br />"Avoided Unit Encray Cost" has the meaning assigned to it in Appendix D. <br />"Avoided Unit Fuel Cost" has the meaning assigned to it in Appendix D. <br />"Avoided Unit Heat Rate" means the average annual heat rate of the Avoided Unit as defined in <br />Section 4. <br />"Avoided Unit In -Service Date" means the date upon which the Avoided Unit would have <br />started commercial operation as specified in Section 4. <br />"Avoided Unit Life" means the economic life of the Avoided Unit. <br />"Avoided Unit Variable O&M" means the Avoided Unit variable operation and maintenance <br />expenses as defined in Section 4. The annual escalation will begin in the payment for January <br />deliveries. <br />ISSUED BY: Javier Portuonoo, Director, Rates & Regulatory Strategy - FL <br />EFFECTIVE: April 29, 2013 <br />0 1 <br />