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ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 5 Agreement will not be binding upon or have any precedential value on any future lateral undergrounding program or projects that Gulf may propose in future SPPs or otherwise. • The Signatories agree that the record supports a finding that the following FPL SPP programs are in the public interest, and that FPL proceeding to implement the following SPP programs is not evidence of imprudence: o FPL Pole Inspections — Distribution Program o FPL Structures/Other Equipment Inspections — Transmission Program o FPL Feeder Hardening (EWL) — Distribution Program o FPL Wood Structures Hardening (Replacing) — Transmission Program o FPL Substation Storm Surge/Flood Mitigation Program, for the 10 substations identified in FPL's SPP on page 31 (See Exhibit No. 12 of the Comprehensive Exhibit List, Exhibit MJ -1, page 35 of 48) o FPL Vegetation Management — Distribution Program o FPL Vegetation Management — Transmission Program • The Signatories agree that with regard to FPL's Distribution Lateral Hardening — Undergrounding Program, FPL shall continue this program as a pilot through 2022 (Continued Pilot). The Signatories retain all rights to assert or challenge the reasonableness of FPL's projected costs and prudence of FPL's actual costs on individual projects under this program in the SPPCRC. For Distribution Lateral Hardening — Undergrounding Program activities for the year 2023, FPL shall file an SPP update in 2022 in order to seek recovery of costs for such 2023 activities in 2023. The Signatories further agree that their consent to this Continued Pilot program under the terms of this Gulf and FPL Settlement Agreement will not be binding upon or have any precedential value on any future lateral undergrounding program or projects that FPL may propose in future SPPs or otherwise. • The Signatories agree that approval of the Gulf and FPL Settlement Agreement does not include or imply a determination of prudence for any particular project under a given program. OPC retains the right to challenge the prudence or reasonableness of any projects or costs for any project submitted through the SPPCRC docket. • The Signatories agree that Gulf and FPL will work with Walmart to discuss and evaluate new potential SPP programs prior to filing its next SPP. • The Signatories agree that FPL and Gulf will not seek recovery of any SPP program O&M expenses incurred in 2020 or 2021 through the SPPCRC. FPL and Gulf will address the recovery of future SPP program O&M expenses in their next base rate cases, including whether such O&M expenses are to be recovered through base rates or through the SPPCRC. • The Signatories agree to the manner by which Gulf and FPL may seek recovery of and return on capital expenditures and assets related to the SPP programs approved in Docket Nos. 20200070 -EI and 20200071 -EI. Z-5