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ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 10 FLORIDA POWER & LIGHT COMPANY Attachment A Ninth Revised Sheet No. 9.033 Cancels Eighth Sheet No. 9.033 (Continued from Sheet No. 9.032.1) 4. Sate of Energy and Capacity by the QS 4.1 Consistent with the terms hereof, the QS shall sell and deliver to FPL and FPI; shall purchase and receive from the QS at the Delivery Point (defined below) all of the energy and fine capacity generated by the Facility. FPi, shall have the sole and exclusive right to purchase all energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, that nosuch arrangement shall cause the QS 'to Sell more energy and firm capacity than the Facility's net output The billing methodology may be changed at the option of the QS, subject to the provisions of PPL Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either: (a) the point of interconnection between FPI s system and the transmission system of the final utility transmitting energy and firm capacity from the. Facility to the FPL system, as specifically described in the applicable Wheeling Agreement, or (b) the point of interconnection between the Facility and FPL's transmission system, as specifically described in the interconnection Agreernent. 4.2 The QS shall not rely on interruptible standby service for the strut up requirements (initial or otherwise) of the Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation oldie Facility. 4.4'fhc QS shall be responsible for all interconnection, electric losses, transmission and ancillary service arrangements and costs required to deliver, on a fimi basis, the firm capacity. and energy from the Facility to the Delivery Point. 5. Committed Capacily/Capacity Delivery Date 5.1 The QS commits to sell and deliver firm capacity to FPI, at the Delivery Point, the amount of which shall be determined in accordance with this Section 5 (the "Committed Capacity"). Subject to Section 5.3 the Committed Capacity shall be KW, delivery date no later than the in-service date of the Avoided Unit or as otherwise specified in Appendix B (Ore `Guaranteed • Capacity Delivery Date'). 5.2 Testing of the capacity of the Facility (each such te.,7, a "Committed Capacity Test') shall be performed in accordance with the procedures set forth in Section 6. The Demonstration Period (defined herein) for line first Cormnitted Capacity Test shall commence no earlier than six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Guaranteed Delivery Date. The first Committed Capacity Test shall be deemed successfully completed when the QS demonstrates to FPL's satisfaction that the Facility ran make available capacity of at least one hundred percent (100%)1 of the Committed Capacity set forth in Section 5.1. Subject to Section 6.1, the QS may schedule and perforin up to three (3) Committed Capacity Tests to satisfy the capacity requirements of the Contract. 5.3 FPL shall have the right to require the QS, by notice no less than ten (10) business days prior to such proposed test, to validate the 'Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once pet each Summar period and Mice per each Winter period at FPL's sole discretion,(b) at any tine the QS is unable to comply With. any material obligation under this Contract for a period of thirty (30) days or more in the aggregate as a consequence of an event of Force Majeure, and (c) at any time the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (the "ACBE"), equal to or greater than 70° o. The results of any such test shall be provided to FPL within seven (7) days of the conclusion of such test. On and after the date of such requested Committed Capacity Test, and until the completion (la subsequent Committed Capacity Test, the Corronitted Capacity shall be deemed as the lower of the tested capacity or the Committed Capacity as set forth in Section 5,1. 5.4 Notwithstanding anything to the contrary herein, the Committed Capacity shall not exceed the amount set forth in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The "Capacity Delivery Date" shall be defined as the first calendar day immediately atter the date following the last to occur of (a) the Facility's successfid completion of the first Committed Capacity Test but no earlier than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E) and (b) the satisfaction by QS of the following Delivery Date Conditions (defined below). (Continued on Sheet No. 9.033.1) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018