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ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 46 DUKE ENERGY, Attachment A Page 41 of 71 SECTION No, IX FIFTH REVISED SHEET NO. 9A40 CANCELS FOURTH REVISED SHEET NO. 9.440 20.17 Change in Environmental Law or Other Regulatory Requirements (a) As used herein, "Change(s) in Environmental Law or Other Regulatory Requirements" means the enactment, adoption; promulgation; implementation. or issuance of, or a new or changed interpretation of, any statute. rule, regulation. permit, license, judgment, order or approval by a governmental entity that specifically addresses environmental or regulatory issues and that takes effect after the Effective Date. (b) The Parties acknowledge that Change(s) in Environmental Law or Other Regulatory Requirements could significantly affect the cost of the Avoided Unit ("Avoided Unit Cost Changes") and agree that, if any such change(s) should affect the cost of the Avoided Unit more than the Threshold defined in Section 20.17(c) below, the Party affected by such change(s) may avail itself of the remedy set forth in Section 20.17(d) below as its sole and exclusive remedy. (c) The ;Parties recognize and agree that certain Change(s) in Environmental Law or Other Regulatory Requirements may occur that do not rise to a level that the Parties desire to impact this Contract. Accordingly. the Parties agree that for the purposes of this Contract, such change(s) will not be deemed to have occurred unless the change in Avoided Cost resulting from such change(s) exceed a mutually agreed upon amount. This mutually agreed upon amount is attached to this Contract in Appendix E. (d) If an Avoided Unit Cost Change meets the threshold set forth in Section 20.17(c) above, the affected Party may request the avoided cost payments under this Contract be recalculated and that the avoided cost payments for the remaining term of the Contract be adjusted based on the recalculation, subject to the approval of the FPSC. Any dispute regarding the application of this Section 20.17 shall be resolved in accordance with Section 20.9. 20.18 Provision of Information. Within a reasonable period of time after receiving a written request therefore from the requesting Party, the other Party hereto shall provide the requesting Party with information that is reasonable and related to the non -requesting Party and/or the facilities or operations of the non -requesting Party that the requesting Party reasonably requires in order to comply with a Requirement of Law or any requirement of Generally Accepted Accounting Principles promulgated by the Financial Accounting Standards Board (or any successor thereto), (including, but not limited to. FIN 46-R) applicable to the requesting Party. In the event that a patty requires information or reports that are not within its possession to meet financial reporting requirements, the parties will work in good faith to enable the requesting party to meet its financial reporting requirements. ISSUED BY: Javier Portuondo, Direetor, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017