07/11/2023 - Laserfiche WebLink

Home Browse Search

ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 10 (Continued from` Sale of EnoW and Capacity byt1wQS Attachment A Page 5 of 42 Tenth Revised Sheet No. 9.033 Cancels Ninth Shect No. 9.033 4.1 Consistent with the terms hereof; the QS shall sell and deliver: to FPL and'"L shall purchase and 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 billing arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, that no such arrangement shall cause the QS to sell more energy and firm capacity than the Facility's net output The billing methodologymay be changed at the option of the QS„ subject to the provisions of FPL Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either: (a) the point: of interconnection between FPL's system and the transmission system of the fmal utility transmitting energy and 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 FPL's transmission system, as specifically described in the lnterconnection.Agreement. 4.2 The QS shall not rely, on interruptible standby service for the startup requirements (initial or otherwise). of the Facility. 4s3 T1te Qfi shall be responsible for all costs, charges and peitalties.assoeiated with development and ooeratiott5f lite)itttit?S!, 4.A The QS shall be responsible for all intMannection, electric losses, transmission and ancillary service smrangemtitrts 8�d tegkedtodeliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery Point ColtnntlMd Capoe ty/Capgdty lleltvtaty !)cite 5-1 The QS comnuts to sell and BeGY $rmn'capaoity tb FPL at the Delivery Point, the amount ofwit' eh shad to detennnrnai$` ti accordance with this Section 5 (the' rtmitted Capacity'). Subject to Section 5.3 the Con unfitted Capacity shall be °:RW, delivery date no later than the twice date of the Avoided Unit or as otherwise specified in Appendix. E (the "Guaranteed Capacity Delivery Date'). 53, Testing of the capacity of the :Fao t '(each such test, a "Committed Capaoity Taut")" shall be performed in accordance with fhb; procedures set forth in Section 6. the Demonstration Period (defined herein) for the first Conunitted Capacity Test shall commence no emriier than six (6) months prior to the Capacity Delivery Date and testing: must be completed by 11:59 p.m. EST on the date prior: to the Guaranteed Delivery Date. The first Committed Capacity Test shall be deemed successfidly completed when the QS demonstrates t4 FPL's satisfaction that the Facility can make availablecapacityof at least one hundred percent (10M16) of the Committed Capacity set forft An Section 5.1. Subject to Section 6:1 the QS .may schedule and perform up to three. (3) Camtnitted Capacity Tests to satisfy the. Capacity' requirements of the Contract. 5:3 FPL shall have the -right in require ft A' Iiy notice no less than ten (10),business days prior to such proposed tests to validate the: Committed Capacity of tate Fog*-tty.lm t' subsequent Committed Capacity Tests as follows: (a) once per each Summer period attd: once per each Winter period at FPL's seleAk"tion,(b) at any time the QS is unable to comply with any material obligation under thist Contract for a period :of thirty (30) days or:mwe in the aggregate as a consequence of an.event of Force Majeure, and (e) at anytime the QSr fails in three consecutive mo nflis to achieve oft Annual Capacity Billing Factor, as defined in Appendix B (the "ACBF), equal to or greater than 10%. The results of any such test shalfbe provided to FPL within seven (7) days oftlie conclusion of such test On and after the date of such requested Committed Capacity Test, and until the completion of a subsequent.Committed Capacity Test; the Committed Capacity slab' be deemed as the lower of the tested capacity or the Comnritted Capacity as setfortit in,Sectiom 5.1. a4 6twithstanding anything to the contnvyherem, the Committed Capacity shall not exceed the amount set forth in Section 5.1 without ut tae ,phot written consent of FPL, such consent not unreasonably withheld. .5,5 The "Capacity Delivery Date" shall be defined as the fust calendar day immediately after the date following the last to occur. of (a) the 'Facility's successful completion of the first Committed t Capacity Test but no earlier than the comtnencement date for deliveries of firm' apacityand energy (as such is specified in Appendix E) and (b) the satisfaction by QS of the following DeliveryDate Conditions (defined below); (Continued on Sheetl&*M4) p try:..t7naPy-UP M, Senior Virector, Regulatory Rates, Cost of Servke and Systems Eil'+liclWO ;Tsitt(tt q' 1, =2