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ORDER NO. PSC -2021 -0252 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 14
<br />(Continued from Sheet No. 9.035)
<br />Attachment A
<br />Third Revbied Sheet No. 9.036
<br />Canctis Second Silect No. 9.036
<br />8.4.6 After providing notice to the QS; FPI, shall not be required to purchase or receive energy from the QS during any, period in
<br />which, due to operational circumstances, the purchase or receipt of such energy would result in FPUs incurring costs greater than those
<br />whitll it would incur if it did not -make such purchases. Ail emample of such an occurrence would be a period during Much the load being
<br />served is such fitat the generating units on line are base load routs operating at their minimmu continuous ratings and the purchase of
<br />Additional energy wmild require taking a base load unit off the line and replacing lite remaining load served by that unit with peaking -type
<br />g
<br />gweration, FPL shall give the QS as much prior notice as Practicable of i0 intent .not to purchase or receive energy and firin capacity
<br />plusuant to this Section.
<br />8,43.1f the Facility Im.,j a Contruitted Capticity less thart 15 NIW, control, scheduling and dispatch of finis capacity and energy shall
<br />be lite responsibility of tile Q& If the Facility has a Committed Capacity greater than or equal to:75 MNV, then control, scheduling and
<br />dispatch -of -farm capacity Arid energy thaii be the responsibility of the QS, except dining a "Dispatch Hour", i,e., any.clock:btAir for which
<br />FPL request., the delivery of such capacity and energy. Miring any M.5patch Hour,. (a) control of the Facility will either be by Sellcr*s
<br />manual control under the direction of FPL (whether orally or in writing) or by Automatic Ocneration Control by FIV, systcm control center
<br />as determined by FPL, and (b) FPL may request tlmt the real power output be at any level up to the Committed Capacity of Facility,,
<br />provided, in no event shall FPL require the real power output ofthe Facility to lie below the Facility's Mininturn Load tvithout deconmatting
<br />the Facility. The Facility shall deliver The capacity and energy requested by FPL vvithm minutes, taking into account the operatin
<br />limitations or the
<br />generating equipment as specified by the mantificturer, provided such tfuWP—Mod specified hereat is considered reasonable
<br />by prudent industry standards- for the technology and equipment betrig utilized mid assuming the Facility is Operating at or above its
<br />Minimum Load, Start-up time from CoIdShutdown and Facility'fummound tune front I lot, to Hot will be taken into consideration provided
<br />such are reasonable and consistent with Prudent industry pmcficcs for tile.- tectisiology mail equipment being utilized. Ilie Facility's Operating
<br />Characteristics have been provided by the QS and are set firth in Appendix D, Scetion.1v of Rate Schedide QS -2,
<br />8.4.8 tribe Facility has it Committed Capacity OfICSS than 75 MW, FPL May require during certain periods, by oil, written, or
<br />electronic notification that the QS cause the Facility to reduce output to a level, below the Committed Capacity but not lower than the
<br />Facility's Minimum Load, FPL shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. '11te
<br />frequency of such request shall not exceed eighteen (18) times per calendar year And the duration of each request shall not exceed four (4)
<br />hours.
<br />8A.9 FPL's exercise of its rights under this Section 8 shall not wive rise to any liability or payment obligation Oil die pmt of FPL,
<br />including Any claim for breach ofcontract or for breach ofauy covenant orgood faith and fitir dealing.
<br />CouripiclionlPerformantv Security
<br />The security contemplated by this Section 9 constitutes security for. but is not a limitation of, -QS's obligations bercurido and shall
<br />not be PPL's exclu:ive rumedy for QS's fadire to perform in accordance vivith this Agreem-cut,
<br />9.1 A, security for the Achievement of tit` Ciumarviced Capacity Delivery Date and satisfactory perf6irnance of its obligations
<br />hereunder, the QS shall provide FPL cider: (a) an unconditional, irrevocable, standby Ictler of credit(%) with an expiration date no twiicr
<br />than the end of the first (l. -;t) antavcrsai), of the Capacity Delivery Date (or die next business day thereafter), issued by a US, commercial
<br />batik or the U.& branch of fopeigabank having a Credit Rating offs- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer'),
<br />in form and sub.stance accclAable to FPL (including provisions (i) permitting partial andliall draw-. and (ii) parntitting FPL to draw in full if
<br />such letter of redit is not renewed or replaced as required by the terms licroofat-least thirty (30) business days prior to its expiration date)
<br />('Letter of Credit'); (b) a bund, issued by'a financially sound Company acceptable to FPL and in it form and substance acceptable 10 FPI,
<br />C'Borid'j; or (c) a cash collateral deposited with FPL (�,Cash Collateral') (any.of (a),, (b), or (6), the
<br />Completioulperformance Security shall be provided in the muount and by the date listed belokv;
<br />(ii) $50.00 per kIN' (for the number of MV of Conlutitted Capacity set forth in Section 5.1) to be delivered to FPL within five (5)
<br />bitshims cim-, ofthe Effective Dane; and
<br />(1>)$100.00 per W (for tile muliber ofkNV6fConuiittedCapacity set forth in Section 5J) to be delivered to FPL two }ears before
<br />the Guaranteed Capacity Delivery Date..
<br />'Credit Rmine means with respect to any entity; on any date of determination, the respective ratings then Assigned to ,well entity's
<br />unsecured, senior long-terni debt or deposit obligations (not supported by third party credit enhancement) by S&P, Moody's or other
<br />specified rating agency or agencies or if. such entity does not IVve a rating for its unwilred, sertior long-term debt or deposit obligations
<br />then the noting assigned to such entity as its 'corporaleerctlit rating" by SU.
<br />(Continued on Siteet No. 9,637)
<br />Issued by; Tiffany Cohen, Director, Rates and Tariffs
<br />Effective, June 5,2018
<br />`Aio
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