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ORDER NO. PSC -2021 -0252 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 16
<br />Attachment A
<br />First Revised Sheet No. 9.038
<br />FLORIDA POWER & I IGHT COMPANY Cancels Original Sheet No. 9.038
<br />(Continued frcnn Sheet No. 9.037)
<br />9.7 In lieu of any interest, dividends or other amounts paid:or:deemed to have:been paid }with respect to Cash Collateral held
<br />by FPL (all of which may be retrained by FPL), FP.I, will transfer to the QS on, a tnont.My basis the interest: Amount, as, calculated by FPi.;.
<br />".Interest Amount" means, with respect to each monthlyperiod, the aggregate stun of tlid ainounfs of interest Calculated for each clay
<br />in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as
<br />follows;
<br />(\) file amount: of that Cash Collateral on that day, multiplied by
<br />(y) the interest Rite in effect for that day, divided by
<br />(i) 360.
<br />"Interest Rate" means: the Federal Funds Overnight rate as from time to time in effect.
<br />"Federal. Funds Mertight Rate" means, for the relevant determination date, the rite opposite the caption "Federal Fuuids
<br />(Effective)" as set forth for tial day .in the weekly statistical release designated as H.15 (519), or any successor publication,
<br />published by the hoard of Cyoveni ms or the Federal Reserve S}%temn: if on the deternintion date such rate is not yet riblished in
<br />II:15 (519), the ,rate for that date will be the rate set ail. Composite 3.30 HK Quotatiorts for U.S. Govermnent.Securities for that
<br />day under the caption `Tederal FundslFlTeciive Rate." If on the determination date such rate is not yet published in either 11.15
<br />(519) or Compersiie 3:30 Rm- QuoNtivns-fir U,S, Goverment Securities, the rate for thnt date will bc dctenrpncd m ifthe Parties
<br />had specified "USD -Federal Funds -Reference Dealers" as the applicable rate:
<br />10. 'termination tee
<br />10.1 In the everit.that the QS receives capacity payments pursuant to Option B, Option C., Opfion.D or Option E (as such.
<br />options are defined in Appendix A and elected by the QS in Appendix F.) or receives energy payments pursuant to the Fred Finn Fnergy
<br />Payment Option (as such option is defined u)_Appendix. A and elected by the QS in Appendix E) then, upon the termination of thus Contrad,
<br />the QS "shall owe and be liable, to FPL -for a temnna im fee calculated in accordance with Appendix C (il)e `Termination Fee'). The QS's
<br />obligation to pay the Termination Fee shall survive the termination of this Contract; FPL shall provide the QS, on 'a rnt_aitldy basis, a.
<br />calculation otthe Termination Fee,
<br />10 i. h 17he Temunation Fee shall be secured (withtte exception of governmental solid waste facilities covered by FPSC Rule -
<br />25 -17.091 in which case: the QS may use all unsecured written coimurtihrreiik or promise to pay, in a form rease nattily acceptable to FP:I:, by the
<br />local government which owns the Facility or on whosc behaLf.tte QS operates the Facility, to secure its obligation to.pay the Tcniiirradon
<br />Fee) by the QS by: (a) an unconditional, irrevocable, standbyletter(s) of ereditissued by Qualified Issuer in fora) and subs
<br />acceptable to
<br />FPL (including provisions (a) pmcrmdtin partial and fuhi.draws and (b) penrnttirrg PPL to draw upon such letter o£eredit,-ittf)t11, ifsuch letter
<br />of erediris not renewed or replaced atleast thirty (3{i) business days prior to its expiration date, C7,ennination Fee Letter of Cn:dit'5; (b) a.
<br />bond, issued by a financially sound company and in a form and substance acceptable to FPL, (renuination Fee Bond); or ((c) a cash
<br />collateral -deposit; with M e7crnmination Fee Cash Collateral') (any of( a ), (b), or (c), .the `Termination Security').
<br />10.1.2 The speaifir security instrument selected by the QS for purposes of this Contract is:
<br />()'remtinati'on- Fee. Leiter of'Credit
<br />)" renninationTee Bond
<br />) Termixtation Fee Cast) Collateral
<br />10;1.3 FPL &bell 'have the right to monitor the financial condition of (i) the issutct of a Termination Fee Letter of Credit in the
<br />case of any Termination Fac Letter, ofCred t anti (ii) the inn cx(s), in the arse of any Termination Fee Bond. In the: eventth,c issucro£a.
<br />Tenumation Fee Letter of-CrO k.is no longer a.Qualified"Wutr or the issuer ofa Tertu)ation Fee Bond is no longer fmartcially.sound, FPL
<br />may require the QS .to replace the 'renuination 'Fee Letter or Credit or the Termination Fee Emrich; as applicable, to the event that FPL
<br />notifies theQ9that it requires such a replacement; the replacement'Tennirnation Fee Letter o£Credlif or Tenninrtion Cee Bond, as applicable,
<br />inusl bc`isucd l?Y a QuriliGed Is uer or fraianoially sound company wifhiti ten (t t7) bur ane s -drys folton7t>g ateim rtotiticatioti. Faih)rebyihc
<br />QS -to complywith the requirement,% ofthis Section 10.1:2 shalt be grounds for FPL to draw in full on anyexisting Ten)unation Fee Letter of
<br />Credit orTerinination Fee Pond and to exerci-w, any otter'retnedics it may have hereunder,
<br />(Continued on Sheet No, 039)
<br />Issued by; S. E. Romig, Director, agates and Tariffs
<br />Effective: September 13j2016
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