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ORDER NO. PSC -2022 -0203 -PAA -EQ DOCKET NO. 20220072 -EQ PAGE 11 (Continued it= Shed No. 9.032. 1 ) Sale of Energy and Capacity by the OS Attachment A Tenth Re, wed Meet No. 9.033 Ninth Street .No. 9.033 4.1 Consistent with the tents Item& the QS shall sell and deliver to FPL and FPL shall purchase arid receive from the QS at the Delivery Point (defined below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to Purchase all energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) net Ming arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, that no such arrangement shall cause the QS to sell more energy ad finut capacity dun the Facility's net output. The billing methodology may be Changed at the option of the QS, subject to the provisions of FPI, Rate Schedule QS -2. rot purpose -5 of this Contract, Delivery Point shall be defined as either (4) the point of interconnection between FPL's system and die tranunission system of the final utility transtuitting energy Mid firm Capacity from the Facility to the FPL system, as specifically described in the applicable Wheeling Agreement, or (b) the point of interconnection between the Facility and HIL's transmission system, as sliccifically described in the Interconnection Agrecructut. 4.2 The QS shall not rely on interruptible standby service for the startup requirements (initial or othenvise) Of the Facility, 43'rhe QS shall be mpousible for all costs, charges mid penalties associated with development mul operation of the Facility. 4.4 The Q$ shall be responsible for all interconnection, electric losses, InutsinisMon and ancillary service arrangements and costs required to deliver, on a firm basis, the flini capacity mid atergy frm the Facility to the DeliveTyPoint. Comanitted Capatetty/Capachy Delivery Dole 5.1 The QS corrunits to sell and deliver firm capacity to FPL at the Delivery Point, the amount ofiviach shall be detemined in accordance with this Section 5 (the "Committed Capacity). Subject to Section 5.3 the Couirnfitted Capacity shall be- KW, delivery date no later than the in-service date of the Avoided Unit or is otherwise specified in Appendix F (the'rjimranteed Capacity Delivery Date-). 51 Testing of the Capacity of the Facility (each such test, a "Cominitted Capacity Test') shall be performed in accordance with the procedures get forth in Section 6. The Dationstration Period (deffised herein) for the first Committed Capacity Test shall Commence no Mile[ thart six (6) 111olths prior to the Capacity Delivery Date and testing must be completed by 11.59 p,in EST on the date prior to the Guaranteed Delivery Mie, The first (Avratritted Capacity Test shall be deemed sucovssfidly couipleted when the QS, demonstrates to FPL's satisfaction that the Facility can snake available capacity of at least one hundred percent (I 000%) or the Committed Capacity set forth in Section 5.1. Subject to Section d.t, the QS may schedule and perroun up to dwee (3) Cortunitted Capacity Tests to satisfy the capacity requh,ements or the Contract 53 FPL shall have the right to require the QS, by notice no less than ten (10) business days prior to such proposed test, to validate the Committed Capacity of the facility by ribains of subsequent Corntuitted Capacity Tests as follows: (a) once per each Sturtater period mid once per each Winter period at FPL's sole discretion,(b) at any time the QS is unable to Comply with any material obligation under this Contract for a period of thirty (30) days or more in the aggregate as a consequence of an event of Force Majeure, and (c) at any tune the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (the "ACOF), equal to or greater Duan 70%. `!lie results of arty such test shall be provided to FPL within seven (7) days of the conclusion of such test On and after the date of such requested Committed Capacity Test, and onfil the completion of subsequent Committed Capacity Test, the Committed Capacity shall be deemed as the lower ofthe tested Capacity or the Contruitted Capacity asset forth in Section 5.1, 5A Notwithstanding anything to the couttary herein, tilt Colurnitled Capacity shall not exxeed did antount set forth in. Section M without the. prior written Consent of FPL, such ccatsent not unreasonably withheld - 5.5 The -Capacity Delivery Date" shall be defined as the first calendar day immediately after the date following the last to occur of (a) the Facility's socecssf4l completion of the first Cominitted capacity 'rest but no earlier omit the commiencone"t date for deliveries Of firm Capacity aril energy (as such is specified in Appendix 13) and (b) the satisfaction by QS of the following Delivery Date Conditions (defined below), (Continued on Sheot14o.9,033,1) Issued by; Tillany Cohen, Senior Director, RuguLator.i Ratan, Cost of'Service and systems Effective- January 1, 2022 07 4 1