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ORDER NO. PSC -2022 -0203 -PAA -EQ
<br />DOCKET NO. 20220072 -EQ
<br />PAGE 17
<br />Attachment A
<br />First Revised Sheet No. 9.038
<br />FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.038
<br />FbyFP(Continued from Sbeet No. 9.037)
<br />L
<br />In lieu of airy interest, dividends or other amounts paid or deemed to have been paid with respect to Cash Collateral held
<br />which maybe retained by FPL), FPL, will. transfer to Ute QS on a.monUtlybasis the Interest Amount as calculated by FPL.
<br />rest Amount" means, with respectto each monthlyperiod, the aggregate sum ofthe amounts ofinterest calculated for each day
<br />t monthly period on the principal amount ofCash Collateral held by FPL on that day, deterrruned by FPL for each such day as
<br />ws:
<br />(x) ) the amount of that Cash Collateral on that day; multiplied by
<br />(y) ) the Interest Rate in effect for that day; divided
<br />by (z) 360.
<br />"Interest state" means: the Federal Furors Overnight rate us from time to time in effect.
<br />"Federal Funds Overnight Rate" means, for the relevant dateratmation date, the rate opposite the caption "Federal Funds
<br />(Etfccfive)" els set forth for that day in the weekly statistical release designated as 11.15 (519), or any successor publicatimi,
<br />published by the Bound of 0ovemcws ofthe Federal Reserve System, ]foil the dewrininatio n date such rate is not yet prbliAw in
<br />11.15 (519), the rate for that date will be the rate set in Composite 3:30 P,lvf. Qsiotatiorrs for U,S. Ckwernmem Securities fbr that
<br />day raider the caption "Federal FiauistBifective Rate." If on the determination date such rate is not yet punished in either H.15
<br />(519) or Composite 3:30 RM. Quotations for U.S, Government Securities, the rate for that date wr11 be detemrined as if the Parties
<br />had specified "USD -Federal Funds -Reference healers" as the applicablerate,
<br />10, Termination > ee
<br />10A In the +:veart that the QS raceivea capacity hrnynrents purstaant to Option B, Option C, Option IJ or Option B (as such
<br />options are defined in Appendix A and elected by the QS in Appendix E) to receives energy payments pursuant to the Fixed Firm Energy
<br />Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termination ofthis tact,
<br />the QS shall owe and be liable to FPL for a termination The calculated in accordance with Appendix C (the 'Terrranatiot Fuv"), The QS's
<br />obligation to pray the Termination Fee shall survive the terrrunation of this Contract. FPI.. shad provide the QS, ori a nrontfriy basis; a
<br />calculaticn ofthe Tcrnrirtation Fee.
<br />10.1.1 Die Termination Fee shall be secured (with the exception of govermuenGil solid waste facilities covered by FPSC Rule
<br />25.17.091 in which case the QS may use an unsecured written commitment or promise to pay, in a form reasonably acceptable to FPL, by the
<br />local government %,Well owns the Facility or to whose behalf the QS operates the Facility, to secure its obligation to pay the Temmiation
<br />Fee) by the QS by: (a) an unconditional, irrevocable, standby letter(s) of credit issued by Qualified Issuer in form and substance acceptable to
<br />FPL (including provisions (a) permitting partial and full draws and (b) pcmutting FPL to draw upon such letter of credit, in full, if such letter
<br />of credit is not renewed or replaced at least thirty (30) businez days prior to its expiration date, ('Tenninatioo Fee Letter of Credit"); (b) a
<br />bcatd, issucd by a frnnwicially sound Coampatry and in a form acid substance acceptable to FPL, (Tcmunation Fee Bond); or (c) a caalh
<br />collateral deposit with FPL (`Termination Fee Cash Collateral') (any of (a ), (b), or (e), the "Termination Security"),
<br />10.1.211w specific security instnnnertt selected by the QS for purposes of this Contract is<
<br />)Termination Fee Letter of Credit
<br />{ )
<br />Termination Fee Bond
<br />( ) Temunation Fee CashCoilateral
<br />10.1:3 FPL shall have the right to monitor the financial condition of (j) the issuer of a Termination Fee Letter of Crept in ttte
<br />case of any Termination Fee Letter of Credit and (ii) the insurer(s), in Use cast of any Termination Fee Beard. In the event the issuer of a
<br />Termination Fee latter df"Credit is no longer a Qualified Issuer or the i-wer of a Termination Fee Bond is no longer finatici ally sound, FPL
<br />may require the QS to replace the Termination Fee Letter of Credal cu the Termination Fee Bond, as applicable, in the event that FPL
<br />notiftcs the QS that it requires such a replacement, the replacement Termination Fec Letter of Credit of Termination Fee Bond, as applicable,
<br />must be issued by a Qualified Issuer or firiancially sound company within ten (10) business days fodlowwing such ratification Fauna by die
<br />QS to comply with Ure requitements of this Section 10, 11 shall Ix; grower for FPL to draw in JIM on airy existing Termination Fee Letter of
<br />Credit or Tettn ination Fee Bend mid to exercise any other remedies it inay have hereunder.
<br />(Confirmedwn Shce(:No.9.039)
<br />Issued by: S. E. Romig, Director, Rates and Tariffs
<br />Effective: September 13, 2016
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