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ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 11 FLORIDA POvI/F.R & LIGHT COAIPAINY Dontinue:I'rom $hv*I9.M Attachment A Page 6 of 42 Original Shesl.�lft,it-i 5 W A certificate addressed`tim-SPL from a Licensed Professional Engineer (reasonably acceptable to FFI, utla jl: itespects) stating: (a) the nam epi.* capacity rating of the Facility at the anticipated time of commercial operation; vMch.must be at;least9ftaffhe Expected Nameplate Capacity Rating; (b) that the Facility is able to generate electricenergy reliably in amounts expected by this Agreement and in accordance with all other terms and conditions hereof; (c) that Start -Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8.4, all system protectionand control and Automatic Generation Control devices are installed and operational. 5:5.2 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in.all respects).stating; itf conformance with the requirements of the Interconnection Agreement, that: (a) all required interconnection facilities have been constructed; (b) all required interconnection tests have been completed; and (c) the Facility is`physically'interconnected with the System in conformance with the Interconnection Agreement and 4b1e ta'dnl v0.energy consistent vrith the terrnscai t 0 Agreement: 1.51 A ow0wwooessed t Professional Engineer (reasonably acceptable to FPL in all respects) stating that"QS has obtained or entered into all permits and agreements with: respect to: the Facility necessary 'for constructlon, ownership,_ operation, and maintenance of the Facility (the `Required Agreements"). QS must provide copies of an or all Required Agreements requested by FPL. 5. Att i m a"law Oran or anoiney, registered or licensed in the State orf Wd s (reasonably acceptable tci FF'L•i"H respects), stating, after all -appropriate and reasonable inquiry, that: (�),:QS has obtained or entered.into'all Aet uit i Agreements; (b) neither QS nor the Facility is in violation of or suliject to any liability under any appliic ible.law; and (c) QS'hswduly filed and had recorded .all of the agreements, documents, instruments, mortgages, deeds of trust, and other writings described in Section %7, 55 Fk'L has received the Complctioit/Perfonn ance Secut ftough (e) the "Commercial Operation } iX. afiall have ten (10) Business Days after receipt either to confirm to QS that all of the Delivery Date Conditions havabeen satisfied or have occurred, or to state with specificity what FPL reasonably believes has notbeen satisfied, 5,6 Thor QS snail ba" iiitled to receive capacity payor ents beginning on the Capd� Do very Date, provided, the Capacity Delivery Pace"occurs on or before the iaf• Y#Ge date of the Avoidedl tttssuch later date permitted by FPL pursuant to the following sentence). If the. Capacity Delivery Date does not occur on or before the trteed Capacity Delivery Date, FPL shall be entitled to the Completion/Performance Security (as set forth i;* Section 9) in full; and imadd tion, has the right but not the obligation to allow the QS up to an additional five (5 months to achieve tle:tapacity Delivery Date. If the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or b) such later date as permitted byFPL, FPL shall have no obligation to make any capacity payments under this Contract and FPI, will be permitted to terminate this Contract, consistent with the teaps hcaeitt, witltout mer obligations, duties or liability:to the QS.. (, .. ."' bet:.•. _ ; mer J'WW4