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ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 15 FLORIDA 'POWER & UGi1T COMPANY Attachment A Third Revised Sheet No. 9.036 Cancels Second Sheet No. 9.036 (Continuer! from Short No. 9.035) 8.44 ARM pietiding notice to the QS, FPi. shall not be required to purchase or retake mnar& from the QS during anyperiod in which, due to operational circumstances, 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. An example. of such an occurrence would be a period during-nhich the load being served is such that the generating units on line are base load units opeiattng at their minimum continuous ratings and the Purchase of additional energy would regtiire taking a base load unit off t the line and replacing the remaining load served by that unfit with pealdng-type generation. FPL shall .give thc QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity pursttant to this Section. 8A:7 If thc Facility has, a'Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS. If the Facility has a Communed 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.5., any clock hour for'which FPI. requests the delivery of such capacity and energy. During any Dispatch Hour. (a) control of the Facility will either be by Seller's manual control raider the direction of FPL.(whclher Orally or in writing) or by Automatic Generation Contrd by FPL's system control center as determined by FPL, and (h) .FPI. may request that the real power output be at any level tat to the Committed Capacity of the Facility, provided, in no event shall FPL require the real power output Facility to be below the Facility's Minimum Lead without decomnitting the Facility. The Facility shall deliver the capacity and energy requested by FPi. witltin :minutes, taking into account the operating limitations of the generating equipment as specified by the manufacture'', provided such trine period specified herein is considered reasonable by Prudent industry standards for .the reel/1101,4y and equipment being tdilized and assuming the Facility is operating at or above its Minimum Load. Start-up time front Cold Shutdown and Facility Turnaround time from Hee to Hot will be taken into consideration provided such are reasonable and consistent with prudent industry practices for due teclmology and equipment being utilized. The Facility's Operating Characteristics have been provided bythc QS and are set forth in Appendix 1), Section IV of Rate Schedule QS -2. 8A.8:1f the Facility las a Committed Capacity of less than 75 MW, FPL rimy require during certain periods, by oral, written or electronic notification that the QS cause the Facility to reduce output to o •level below the Committed Capacity but not lower than the Facility's Minimum Load. FPL shall provide as notch 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 FPI.'s exercise of its rights under this Section 8 shall not give rise to any liability or payinnu obligation on the pan of FPL, including any claim for breach of contract or for breach of any ccwcnant ofgood faith and fair dealing. 9. Complollen/PerformanceSeeinity The security Contengrlated by this Seething constitutes security for, but is itot a limitation of, QS's obligations licretnder and shall not be FPL's exclusive remedy lot QS's failure to perform in accordance with this Agreement. 9.1 /ts security for the achievement of the Gtuamnteed Capacity Delivery Date and satisfactory performance of its obligations hereunder, the QS shall provide I'PL calla: (a) an unconditional, irrevocable, standby letter of acdit(s) with an cxpiration date no calla than the cd oldie first (1st) anniversary of thc CapacityI;elivery'Date (or the next hiLsiness day thacaftcr); issued bye U.S. connrn,pial banker the U.S. branch of a foreign bank hating 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 provisions (i) permitting partial and fultdraws ani! (ii) pcmuning.FPi, to draw in tidbit' such' letter of credit is not renewed or replaced es required by the terms hereof at least thirty (30) business days prior to its, expiration date) ("Letter of Credit ); (b) a bond, issued by a financially sound Company acceptable to FPL and in a form and substance acceptable to FPL, •(`ihond"); or (c) a cash collateral deposited with FPL (Cash Collateral" (any of (a), (b), or (c), the''Completion/Performnnce Security": • Conipletioit PerforanceSecmity shall be provided in the amount and by the date listed betoty: (a) $50.00 per kW (for the nmtiber of kW of Conmtitted Capacity set forth in Section 5.1) 10 be delivered to FPL within tVe (5) business days of the Effective Date; and (b)S 100:00 per kW (for the number of kW of Committed Capacity set forth in 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 party .credit enhancement) by S&P, Moody's or other "specified rating agency .or agencies or if such entity does not ]nue a rating for its unsecured, senior long-term debt or deposit obligations, then the rating assigned 10 such entity as its "cotpotate credit rating" by S&P. (Continual on Sheat No. 9.1337) Issued by: Tiffany Cohen, Director, Rates and Tariffs Etfeclive: June S, 2018