08/17/2021 - Laserfiche WebLink

Home Browse Search

ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 10 (Continued from Sheet No. 9.032.1) SMt of Energy =d Capatity by the 03 Attachment A Nitith Revised Sheet No, 9.033 4,1 consistent with the terins hereof, the QS shall sell and deliver to FPL and FPL shall purchase and receive from die QS at the Delivery Point (defined below) till ofthe eilerky and firrif capacity generated by the Facility. FPL shall -have the sole and exelmive tig1vt to pinhise all energy and capacity produced by the Facility. 1110 purchase mid sole of energy and firm capacity pursuant to this Contract shall be a net billing arrangement or-(: )simitiltancoren purchase and sale arrangement; provided, however, that no such arrangement shall Carse the QS to 5,01 more energy mid firm capacity than d -m Facility's net output Tile billing methodology may.bc changed at the option of the QS, subject to the provisions of FPL Rate Schedule ()Sw1 For pritwes; of this Ckintmet,Delivery. Point shall be defined as either: (a) the point of interconneotion between FPV5 !3ystern arid the transtuission system of the final utility tratisinittilig energy and fitna capacity from -the. Facility to the FPL system; as specifically described in the applicable Wheeling Agreement, or (b) the point ofintercormection between the Fa6lityand FPT,'s fransmii,.sian in the fritercminection Agreetrielit. 41 The Qs shall not rely on inter mptible standbyscrvice for the start up re%*rernants (initial or otherwise) of tie Facility. 4XMc QS shall be responsible for all costs, charges and penalties associated with development and operation of the. Facility, i1A The,QS AM be responsible for all intemonmoti6tielectric losses, and ancillary service arningente. ritsand costs required to deliver, on a firm basis, the firm capacity mid ertergyfrom the Facility to the Delivery Point. Conarnihod Capacity/Capatchy Delivery Date 5.1 AW QS commits to sell arid deliver firm catliacity 10,FPI, at the Delivery point, the fintount of which shad be detcMirled in ncCordance with this Sccticm S {lire "Camntitted Clapacit5a'). Srrhjer�t to Scroiion5.3 lire Crarrmitled Capacity shall tae KW, delivery date no later than the iri�serAce date of the Avoided Unit or as otherwise specified inAppendix E (the "Guaranteed Capacity Delivery Datc)� 3.2 Testing of the capacity of the Facility (each such test, u "Contruitted Capacity Test) shall be performed in accordance with the procedures set forth in Section 6. The Dernottstration Period (defined herein) for the first Corranitted Capacity Test shall commence no earlier awl six (6) 111011flas prim to. the Capacity Delivery Date turd testing must be completed by 11:59 pan. on die data prior to flit Guaranteed Delivery Data,. The first Committed Capacity Test shall be deemed successfully completed when the QS demonstrates to FTUS satisfiaction that the Facility can brake available capacity of at least one, hundred percent (100%) of the Committed Capacity set forth ill Section 5.1. Subject to Section 6, 1, the QS may schedule and perform tip to three (3) Committed Capacity Tests to satisfy the capacity requirements of die Contract, 5;3 FPL shad have the right to require, tile QS, by notice no less than ten (IQ) business days prior to such proposed test, to validate the Corrunitted Capacity of the Facility by mems of subsequent Corrunitted Capacity Tests as follows: (a) mice per each Stunner period and. once per each Winter period at FPL's sole discretion,(b) at any time die QS is unable to muply with any material obliption under this Contract for averiod or thirty (30) days or more in the agregate as a consequence of an event of Forte Majeure, and (e) of any time the QS fiiihi in three coilsccutive Months to achieve an Atutual Capacity Oillinlg Factor, as defined in Appendix A (Hic -ACW), equal to or greater than 70%. Tire results of any such last Shall be provided to FPL within seven (7) days of da conclusion of'such test. On and after the date of such requested Conuititted CaMcity Test, and until the cotM)Icticm of a substtluent Conintittcd Capacity Test, file Cottimilled Capacity shall be deemed as the lower offlic tested capacity or the Committed Capacity as set forth in Section 5.1. 5.4 Notwidistanding anytiting to the coatruryliercin, the Cominitted Capacitysliall not exceed the arnourawl, ffirth in Section 5.1. withoul the prior written cormal ofFPL, such cement not uriverisonably withheld. 55 The "Capacity Delivery -,Date" strati be defined as the first calendar dayinimadiately, after the (Lite following the last to occur of (a) die Facility's successfW. completion of the first Committed Capacityfestbut 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 to]] oiving Delivery Date Conditions (defined below). (Continued on Sheet No. 9.033.1). Effective: June 5, 208