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ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 10 Attachment A Ninth Revised Sheet No. 9.033 FLORIDA POWER Re LIGF1T.COMPANY Cancels Eighth Sheet No. 9.033. (CAn6nued,fromsheet.No. 9.032.1) 4. Sate of Energy and:Capactty by the QS 4.1 Consistent with the tetras hereof, the QS shall sell and deliver to FPL and FPL shall purchase and receive from the QS at the Delivery Point (defined below) all of the energy and firm capacity generated by the facility. FPL shallhaVe the able and exclusive right to purchase all energy and capacity produced by the Facility. The purctrase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) act billing arrangement or ( ) simultaneous purchase and :sale .arrangement; provided, however, that no such arrangement shall cause the QS to'sell more' energy and firm capacity than the Facility s.ir t o'utpnt The billing methodology may be changed at the option ofthe QS, subject to the provisions of FPI. Rate Schedule QS -2. For purposes of this Contract, Delivery Point shah be defined as either: (a) the point of interconnection between FPL's _system and the transmission system of the final utility transmitting energy and firm capacity from the Facility to the EP 1 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 Agreement. 12 The QS shall not rely on interruptible, standby service for the start 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 of the Facility. 4.4 The QS shall he responsible for all inteiconiicetioti, electric losses trap rrricsion and aticillary service anangerrmerns and costa required to deliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery Point. 5. Commlttcd Capacity/Capacity Delivery Date 5.1 `Che QS e9tranits to sell and deliver firm capacity to FPI., at the Delivery Poidt; the arrrount of which shall be determined in accordance withvthis Section 5 (the "Committed Capacity). Subject to Section 5.3 the Contnutted Capacity shall be KW, delivery date no later ihan the in-service date of the Avoided Unit or as otherwise specified in. Appendix E (the "Guaranteed Capacity Delivery Date'). 5.2 'Testing of the capacity of the Facility (each such lest, a -.committed Capacity Teat") shell be performed in accordance with the procedures, set forth in Section 6. The Demonstration Period (defined herein) for the first Coninutted Capacity Test shall commence no earlier thatr six (6) mouths prior to (tie Capacity Delivery Date and testing must be cotnpleted by .11:59 p.rn. on the date prior to the Guaranteed Delivery Date. 'I'hc first Committed (Capacity Test shalt be deemed successflilly completed when. the QS demonstrates to FPI; s satisfaction that the Facility can ineLe rivailable capacity of at least one hundred percent (100%o) of the Conmutted Capacity setforth in Section 5.1. :Subject to Section 6.1, the QS may schedule and perform up to three (3) Committed Capacity Tests to satisfy the capacity requirements of the Contract. 5.3 FPI, shalt 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 per each Stouter period and once per each Winter period at APL's sole discretion,(b) at any time the QS is unable to comply with. any material obligation under this Contract fora period of thirty (30) days or more in the aggregate ab a corueguence of an event of Force Majeure, and (c) at any time the QS fails in three consecutive months to achieve. k111 Annual Capacity Billing Factor, as defined in Appendix IP (the "ACDFF"), equal to or greater than 7046. The results of any such test. slwll be provided to FPL within seven (7) days Of die conclusion of sash test. On and alter the dale of such requested Coninatted Capacity Test, and until the completion of a subsequent Committed Capacity Test, the Committed Capacity shall be deemed as the lower of the tatted capacity or the Committed Capacity as set forth in Sectipn 5.1. 5.41 otwithstani ing anything to the contrary herein, the Cortunitted 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 successful completion of the first Committed Capacity `fest but no earlier than the cormnenceinenl date for deliveries of firm capacity and energy (as such is spxificd in Appendix F,) and (b) the satisfaction by QS of the following l)clivcry Date Conditions (defined below). (Continued on Sheet No, 9.033.1) Issued by: Tiffany Cotten, Director, Rates and Tariffs Effective; June 5, 2018