|
ORDER NO. PSC -2022 -0203 -PAA -EQ
<br />DOCKET NO. 20220072 -EQ
<br />PAGE 15
<br />FUORHM POWER & ]LIGHTC;OMPANi'
<br />(Continual from Sheet No, 9,035)
<br />Attachment A
<br />Third Revised Sheet No. 9.035
<br />Cancels Second Sheet No. 9,036
<br />8.4.6After providing notice to the QS, FPL shall not be required to pnuchase or receive energy from the QS during; any period in
<br />which, date to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater tan those
<br />which it would incur it it did not make such purchases. An example of such an occurrence would be a period during which the load being
<br />served is such that the generating tants on line are base load units operating at their minimum cottimtous ratings auul the purchase of
<br />additional energy would require taking a base load unit oft" the line and replacing the retmirdng load served by that unit with pealtmg-type
<br />generatiom FPL shall give the QS as much prior notice as practicable of its indent not to purchase or receive energy and firm capacity
<br />pursuant to this Section.
<br />8.43Ifthe Facility has a Cermnitted Capacity less than 75 MW, control, scheduling anddispatchof faro capacity and energy sbuaii
<br />be the respousibAtty of the QS. if the Facility has a Conunitted Capacity greater than or equal to 75 MW, then control, scheduling acid
<br />dispatch of firm capacity and enemy stall be the responsittihty of the QS, except during, a "Di%petch Hots'", ie„ any clock hour for which
<br />PPL requests the delivery of such capacity and energy. Luring any Dispatch Iiour: (a) control of the Facility will either be by Seller's
<br />manual control wider the directicar of PPL (whether dally or in writing) or by Automatic Generation Control by F PL's system control center
<br />as determined by FPL, and (b) PPI, may request that the teal power output be at any level up to the Committed Capacity of the Facility,
<br />provided, in no event shed FPL require the real power output of the Facility to be below the Facility's Mirurnum Load without deconunitting
<br />the Facility, The Facility shrill deliver the capacity and energy requested by FPL within minutes, takirvt into account the operating
<br />limitations of the generating equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable
<br />by pntdent indwary standards for the technology and equipment tieing utilized and asmrWrig the Facility is opetating at or above its
<br />Minimum Load. Start-up fine frorn Cold Shutdown and Facility Turnaround time fon Hot to Hot will be taken into consideration provided
<br />such are reasonable and consistent with pendent industry practices for the technology mid equipment beirg utilized, The Facility's Operating
<br />Characteristics have been provided by lie QS and are set forth in Appendix U, Section IV of Irate Schedule QS -2.
<br />8.4.81f the Facility has a Conuuitted Capacity of less than 75 MW, FPL may require during certain periods, by oral, written, or
<br />electronic notification that the QS cruse the Facility to reduce output to a level below the Committed Capuity bud not lower than the
<br />Facility's Minimum Load FPL shall provide as much notice as practicable, nonnally such notice will be of at least four (4) hours, The
<br />frequency of such request shall not exceed eighteen (15) limas per calendar year and the duration of each request shall not exeWA four (4 )
<br />hour's.
<br />21.4.9FPL's exercise of its rights under this Section 9 shall not give rise to any liability or payment obligation on the pari of FPL,
<br />including any claim for breach of eantract or for breach of any eovowd of good faith and fair dealing.
<br />Compk4ton/Perforw ancv Security
<br />The security contemplated by this Section 9 constitutes security ror, butt is not a limitation ot; QS's obligations hereunder and shall
<br />not be FPL's exclusive remedy for QS's failtwe to perform in accordance with this Agreement.
<br />9.1 As security for the achievement of the Guaranteed Capacity Delivery hate and safisfactomy peti'or ance of its obligations
<br />hereunder, the QS small provide FPL either: (a) an uncotdifi cnal, irrevocable, standby It" of ctedit(s) with an expiration date no earlier
<br />than due enol of the first (est) anniversary of the Capocity Delivery Date (ter the neat business day thereafter), issued by a U.S. commercial
<br />bandy or the U. S. branch of a fcrcign bank having a Credit Rating of A- or higher by S&Por A3 cr higher by hloody's (a "Qu>alified issuer'),
<br />in form and substance acceptable to FPL (including provisions (i) permitting partial and full draws and (ii) permitting FPI, to draw in full if
<br />such tetter of credit is not renewed or replaced as required by the terms hercof at least thirty (30) bttsint~ss days prior to its expiration date)
<br />("Letter of Credit"); (fir) a bond, issued by a financially sound Qxupany acceptable to FPL and. in a form acid substance acceptable to FPi„
<br />("Bondi'), or (c) a cash collateral deposited with FPL ("Cash Collateral") (any of (a), (b), or (c), the "Completion (Performance Security').
<br />ComplctiomdPerfcrmance Security shall be provided in the amount acrd by the date listed below;
<br />(a) $50,00 per kW (for the nunilvt of kW of Coram itted Capacity set forth fit Section 5.1) to be delivered to FPL within five (5)
<br />hwitness days of the )effective Date; and
<br />(b) $100,00 per kW (for the number of kW of Committed Capacity set forth in Section 5A) to be delivered to FPL two years
<br />before the Guaranteed Capacity Delivery mate,
<br />"Credit Ratinzr" means with respect to any entity, on any date: ofdatermination, tie respective ratings tort assigned to sueh entity's
<br />unsecured, senior long-term debt or deposit ctblisalions (not supported by third party credit mthancement) by SRP, Mo My's or other specified
<br />rating agency or agencies or if such entity does not have a rating far its unsecured, senior long -tan debt or deposit obligations then the
<br />rating assigned to such entity as its "corporate credit ratintg" by SRP,
<br />(Cmfin ed in SbeetNo. 9,037)
<br />tsstneen Dy: t Many Cohvn, thrector, Kates and f OR.%
<br />1s'tlectivc: June 5, 2015
<br />I ,K
<br />
|