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06/21/2022
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06/21/2022
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Last modified
7/25/2022 10:31:20 AM
Creation date
7/25/2022 10:11:06 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/21/2022
Meeting Body
Board of County Commissioners
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ORDER NO. PSC -2022 -0203 -PAA -EQ <br />DOCKET NO. 20220072 -EQ <br />PAGE 12 <br />FLORIDA PONVFR & LIGHT COMPANY <br />(Continue from Sheet No. 9.033) <br />Attachment A <br />Original Sheet No. 9.033.1 <br />5.5.1 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to <br />FPL in all respects) stating: (a) the nameplate capacity rating of the Facility at the anticipated time of commercial <br />operation, which must be at least 94% of the Expected Nameplate Capacity Rating; (b) that the Facility is able to <br />generate electric energy reliably in amounts expected by this Agreement and in accordance with all other tern s and <br />conditions hereof; (c) that Start -Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8.4, <br />all system protection and control and Automatic Generation Control devices are installed and operational. <br />5.5.2 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all <br />respects) stating, in conformance with the requirements of the Interconnection Agreement, that: (a) all required <br />interconnection facilities have been constructed; (b) all required interconnection tests have been completed, and (c) <br />the Facility is physically interconnected with the System in conformance, with the Interconnection Agreement and <br />able to deliver energy consistent with the terms of this Agreement. <br />5.5.3 A certificate addressed from a Licensed Professional Engineer (reasonably acceptable to FPI, in all <br />respects) stating that QS has obtained or entered unto all permits and agreements with respect to the Facility <br />necessary for construction, ownership, operation, and maintenance of the Facility (the "Required Agreements' j. QS <br />must provide copies of any or all Required Agreements requested by FPL. <br />5.5.4 An opinion from a law firm or attorney, registered or licensed in the State of Florida (reasonably <br />acceptable to FPL in all respects), stating, after all appropriate and reasonable inquiry, that: (a) QS has obtained or <br />entered into all Required Agreements; (b) neither QS nor the Facility is in violation of or subject to any liability <br />under any applicable law; and (c) QS has duly filed and had recorded all of the agreements, documents; instruments, <br />mortgages, deeds of trust, and other writings described in Section 9.7. <br />5.5.5 FPL has received the Completion/Performance Security ((a) through (e), the "Commercial Operation <br />Conditions"). <br />FPL shall have ten (10) Business Days after receipt either to confirm to QS that all of the Delivery Date Conditions <br />have been satisfied or have occurred, or to state with specificity what FPL reasonably believes has not been <br />satisfied. <br />5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, <br />the Capacity Delivery Date occurs on or before the in-service date of the Avoided Unit (or such later date permitted <br />by FPL pursuant to the following sentence), If the Capacity Delivery Date does not occur on or before the <br />Guaranteed Capacity Delivery Date, FPL shall be entitled to the Completion/Performance Security (as set forth in <br />Section 9) in full, and in addition, has the right but not the obligation to allow the QS up to an additional five (5) <br />months to achieve the Capacity Delivery Date. If the QS fails to achieve the Capacity Delivery Date either by (a) <br />the Guaranteed Delivery Date or b) such later date as permitted by FPL, FPL shall have no obligation to makMeany <br />capacity payments under this Contract and FPL will be permitted to terminate this Contract, consistent w iththe <br />terms herein, without further obligations, duties or liability to the QS. <br />(Continue on Sheet No. 9,034) <br />Issued by. Wtaar Cohen, Director, Rates and 'tariffs <br />Effective: dune 5, 2018 <br />
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