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ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 14 FLORIDA POWER & LIGHT COMPANY Attachment A Third Revised Sheet No. 9.036 Cancels Second Sheet No. 9.036 (Continued from Sheet No. 9.035) 8.4.6 After providing notice to the QS, FPL shall not be required to purchase or receive energy from the QS during any period in which, due to operational eircunstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those • which it would incur if it did not make such purchases. At example of such an occurrence would he a period during which the load being served is such that the generating units on line are base load units operating at their minimum continuous ratings and the purchase of additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with pealing -type generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity pursuant to this Section. 8.4.7 lithe Facility has a Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responssibility of the QS. if the Facility has a Committed Capacity greater than or equal to 75 MW, then control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS, except during a "Dispatch Hour", i.e., any clock: hour for which 'FPL requests the delivery of such capacity and energy. luring any Dispatch Hour. (a) control of the Facility will either be by Seller's manual control under the direction of FPL (whether orally or in writiri) or by Automatic Generation Control by FFL's system control center as determined by FPL, and (b) FPL may request that the real power output be at any level up to the Committed Capacity of the Facility; provided, in no event shall FPL require the real power output of the Facility to be below the Facility's Minimum Load without decommitting the Facility. The Facility shall deliver the capacity, and energy requested by FPI, within minutes, taking into account the operating limitations of the generating equupmcnt as specified by the manufacturer, provided such time period specified herein is considered reasonable by prudent industry standards for the technology and equipment being utilized and assuming the Facility is operating at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time front Hot to ]dot will be taken into consideration provided such arc reasonable and consistent with prudent industry practices for the technology and equipment being utilized. The Facility's Operating Characteristics have been provided by the QS and arc set forth in Appendix D, Section IV of Rate Schedule QS -2. 8.4.8 If the Facility has a Committed Capacity of less than 75 MW, FPI. may require during certain periods, by oral, written, or electronic notification that the QS rause the Facility to reduce output to a level below the Committed Capacity but not lower than the Facility's Minimum Load. FPL shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. The frequency of such request shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (4) hours. 8.4.9 FPL's exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the pan of FPL, including any claim for breach of contract or for breach of any covenant of good faith and fair deding. 9. CompletionTcrfarmance Security The security contetrgilated by this Section 9 constitutes security for, but is not a limitation of, QS's obligations hereunder and shall not be FPL's exclusive remedy for QS's failure to perform in accordance with this Agreement_ 9.1 As security for the achievement of the Guaranteed Capacity Delivery Date and satisfactory performance of its obligations hereunder, the QS shall provide FPL either: (a) an unconditional, irrevocable, standby letter of credit(s) with an expiration date no earlier than the end of the first (let) anniversary of the Capacity Delivery Date (or the next business day thereafter), issued by a U.S. commercial but or the U.S. blanch of a foreign bank having a Credit Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer"), in form and substance acceptable to FPL (including provision.; (i) permitting partial and full draws and (ii) permitting FPL to draw in full if •such letter of credit is not renewed or replaced as required by the terns hereof at least thirty (30) business days prior to its expiration date) ("Letter of Credit"); (Ir) a bond, issued by a financially sound .Company acceptable to FPL and in a font and substance acceptable to FPL, ("Bond'); or (c) a cash collateral deposited with FPL ("Cash Collateral") (any of (a), (b), or (c), the "CotnplelionfPerfomumee Security'). completion/Perfomiance Secuiity shall be provided in the amorist and by the date listed below. (a) 850.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL within five (5) business days (tithe Effective Date; and (b)S 100.00 per kW (for the number of kW of Committed Capacity set forth m Section 5.1) to be delivered to FPL two years before the Guaranteed Capacity Delivery Date. "Credit Rating" means with respect to any entity, on any date of determination, the respective ratings then assigned to such entity's unsecured, senior long-term debt or deposit obligations (not supported by third patty credit enhancement) by S&P, Moody's or other specified rating agency or agencica or if such entity sloes not have a rating for its unsecured, senior long-term debt or deposit obligations, then the rating assigned to such entity as its "corporate credit rating" by S&P. (Continued on Sheet No. 9.037) Issued by Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018