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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 27 <br />Attachment A <br />Page 22 of 71 <br />4nDUKE SECTION No. IX <br />FOURTH REVISED SHEET NO. 9.421 <br />ENERGY. CANCELS THIRD REVISED SHEET NO. 9.421 <br />9.3 Payments for Energy and Capacity <br />9.3.1 Payments clue the'RF/QF will be made monthly, and nonnally by the <br />twentieth Business Day following the end of the -billing period. The <br />kilowatt-hours sold by the RF/QF and the applicable avoided energy rate <br />at which payments are being made shall accompany the payment to the <br />RF/QF. <br />9.3.2 Payments to be made under this Contract shall, for a period of not longer <br />than two (2) years, remain subject to adjustment based on billing <br />adjustments due to error or omission by either Party, provided that such <br />adjustments have been agreed to beriveen the Parties. <br />10. Electricity Production and Plant Maintenance Schedule <br />10.1 No later than sixty (60) calendar days prior to the Required Capacity Delivery <br />Date, and prior to October I of each calendar year thereafter during the term of <br />this Contract_ the RF/QF shall submit to DEF in writing a good -faith estimate of <br />the amount of electricity to be generated by the Facility and delivered to DEP for <br />each month of the following calendar year, including the time, duration and <br />magnitude of any scheduled maintenance period(s) or reductions in Capacity. The <br />RF/QF agrees to provide updates to its planned maintenance periods as they <br />become known. The Parties agree to discuss coordinating scheduled maintenance <br />schedules. <br />10.2 By October 31 of each calendar year, DEF shall notify the RF/QF in writing <br />whether the requested scheduled maintenance periods in the detailed plan are <br />acceptable. If DEF does not accept any of the requested scheduled maintenance <br />periods, DEP shall advise the RF/QF of the time period closest to the requested <br />period(s) when the outage(s) can be scheduled. The RF/QF shall only schedule <br />outages during periods approved by DEF, and such approval shall not be <br />unreasonably withheld. once the schedule for the detailed plan has been <br />established and approved, either Party requesting a subsequent change in such <br />schedule, except when such change is due to Force Majeure, must obtain approval <br />for such change from the other Party. Such approval shall not be unreasonably <br />withheld or delayed. Scheduled maintenance outage days shall be limited to <br />twenty four days per calendar year. In no event shall maintenance .periods be <br />scheduled during the following periods: June 1 through September 15 and <br />December 1 through and including the last day of February. <br />10.3 The RF/QF shall comply with reasonable requests by DEF regarding day-to-day <br />and hour -by -hour communication between the Parties relative to electricity <br />production and maintenance scheduling. <br />ISSUED 6Y: Javier Portuondo, Director, Rates & Regulatory Strategy - FL <br />EFFECTIVE: July 10.2014 <br />