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ORDER NO. PSC -2018 -0314 -PAA -EQ
<br />DOCKET NO. 20180073 -EQ
<br />PAGE 14
<br />Attachment A
<br />Page 9 of 71
<br />46) DUKE
<br />SECTION No. IX
<br />FIFTH REVISED SHEET NO. 9.408
<br />ENERGY. CANCELS FOURTH REVISED SHEET NO. 9,406
<br />"Eligible Collateral" means (i) a Letter of Credit from a Qualified Institution or (ii) cash deposit
<br />provided to DEF by RF/QF or a combination of (i), and/or (ii) as outlined in Section 11.
<br />"Energy" means megawatt -hours generated by the Facility of the character commonly known as
<br />three-phase, sixty hertz electric energy that is delivered at a nominal voltage at the Electrical
<br />Interconnection Point.
<br />"Environmental Attributes" or "EA" means all attributes of an environmental or other nature that
<br />are created or otherwise arise from the Facility's generation of electricity from a renewable
<br />energy source in contrast with the generation of electricity using nuclear or fossil fuels or other
<br />traditional resources. Forms of such attributes include, without limitation, any and all
<br />environmental air quality credits, green credits, renewable energy credits ("RE -10e), carbon
<br />credits, emissions reduction credits, certificates, tags, offsets, allowances, or similar products or
<br />rights, howsoever entitled, (i) resulting from the avoidance of the emission of any gas, chemical,
<br />or other substance, including but not limited to, mercury, nitrogen oxide, sulfur dioxide, carbon
<br />dioxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water
<br />or soil gas, chemical, or other substance; and (ii) attributable to the generation, purchase, sale or
<br />use of Energy from or by the Facility, or otherwise attributable to the Facility during the Term.
<br />Environmental Attributes include, without limitation, those currently existing or arising during
<br />the Term under local, state, regional, federal, or international legislation or regulation relevant to
<br />the avoidance of any emission described in this Contract under any governmental, regulatory or
<br />voluntary program, including, but not limited to, the United Nations Framework Convention on
<br />Climate Change and related Kyoto Protocol or other programs, laws or regulations involving or
<br />administered by the Clean Air Markets Division of the Environmental Protection Agency
<br />("CAMD") or successor administrator (collectively with any local, state, regional, or federal
<br />entity given jurisdiction over a program involving transferability of Environmental Attributes,).
<br />"Event of Default" has the meaning assigned to it in Section 14.
<br />"Execution Date" has the meaning assigned to it in the opening paragraph of this Contract
<br />"Exemplary EarlyCapacity Payment Date" means the exemplary date used to calculate Capacity
<br />Payments for Option B and D. This date is specified in Section 4. The actual Capacity Payments
<br />for Option B and D will be calculated based upon the Required Capacity Delivery Date.
<br />`'Expiration Date" means the final date upon which this Contract can be executed. This date is
<br />specified in Section 4.
<br />"Facility" means all equipment, as described in this Contract, used to produce electric energy
<br />and, and all equipment that is owned or controlled by the RF/QF required for parallel operation
<br />with the Transmission System. In the case of a cogenerator the*Facility includes all equipment
<br />that is of+ated or controlled by the RF/QF to produce useful thernial energy through the
<br />sequential use of energy.
<br />ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy . FL
<br />EFFECTIVE: July 13, 2017
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