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ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 14 VkV- Attachment A Page 9 of 42 gAhAffer providing to the QS, PPL shall not be required to purchase or reedve.energy from the OS during any period in which, due to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those which it world incur if it did not make such purchases. An example of such an occurrence would be a period during which the load being served is such that the generating units on line are base load units operating; at their minimum continuous ratings and the purchase of additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with peaking -type generation. FPL shall give the QS as much prior notice as practicable of its indent not to purchase or receive energy and firm capacity pursuant to this Section. 8.4.71f the Facility has a Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall: The the responsibility of the QS, If the Facility has a Committed Capacity greater than or equal to 75 MW, then coWi, wilteduling and. dispatch.of firm capacity and energy shall be the responsibility of the QS, except during a "Dispatch Hour", i.e., mVj*& ftv for whist! FPL requests the delivery of such capacity and energy. During any Dispatch Hour: (a) control of the Facility will 4&r be by Seller's rnanual control under the direction of FPL (whether orally or in writing) or by Automatic Generation Control by FP1,'s .rystem control center, as determined by FPL; and (b) FPL may request that the real power output be at any level up to the Committed Capacity of the Facility,,, provided, in no event shall FPL require the real power output of the Facility to be below the Facility's Minimum Load without decornimitting; the Facility. The Facility shall deliver the capacity and energy requested by FPL wilhin --_minutes, taking into account the operating ,limitations of the generating equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable' 'by prudent industry standards for the technology and equipment being utilized and assuming the Facility is operating; at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time from Hot to Hot will be taken into consideration provided such are reasonable and consistent with prudent industry practices for the technology and equipment being utilized. The Facility's Operating Charaoter stics have been provided by the QS and are set forth in Appendix D, Section IV of Rate Schedule QS -2. 8.4:191f'the Facility has a Committed Capacity of less than 75 MW, FPL may require during certain periods, by oral, written; or electronic notification that the QS cause the Facility to reduce output to a'level below the Committed Capacity but not lower than the Fatality*s'Mirimnart Load FPL shall provide as much notice as practicable; normally such notice will be of at least four (4) haunts. The A*#Mcyof such request: shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (A) hulks,. 8.4.9FP .'s exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the part of FPL, ttcltlthng any Bairn for breach of contract or for breach of any covenant of good faith and fair dealing. CompletionfPerformance Security The tYtu%tycnattemplated by this Section 9 constitutes secutiil+f„ hubs not a hmrtahpn vt; QS's Abligat ortitfrY%t mall ." >rmtbes'exciusiveremedy'fJi Q failure to perform in accordance vti�llls Agreement: 9.1 As security for the achievement of the Guaranteed Capacky Delivery Date and satisfactory performance of its obligations hereunder, the QS shall provide FPL either: (a) an unconditional, irrevocable, standby letter :of credits) with an expiration date no earlier than the end of the first (I st) anniversary of the Capacity Delivery Date (or the next business day thereafter), issued by a U.S. commercial bank or the U.S. branch of a foreign bank having a Credit. Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer'). in form and substance acceptable'to FPL incl (including provisions (i) penmttutg partial and full draws and (ii) permitting FPL to draw in full i such letter of credit is not renewed or replaced as required by the terms hereof at least thirty (30) business days prior to its expiration date] "Letter of Credit'); (b) a bond, issued by a financially sound Company acceptable to FPL and in a form and substance acceptable to FPI,, a cash collateral deposited with FPL ("Cash Collateral') (any of (a), (b) or{4 ft "Cornpletion(Performance Seeur# , Complefion4lafiamarice Security shall be provided in the amount and by the date listed be1w. S$0,00 per lout (err -the number ofkV of. Oottmtitted Capacityset forth in Sat>ltow" ta.bedelivered to: PPL within i the ? �s;d ttftbe EdrveDate; and (b),$iom peeriw (for'the number oft' Committed Capacity set forth in S'eet#m'9:l be delivered to'FPL two years before the Guaranrteed`Capacity Delivery Date, "Credit Rating" means with respect to arty entity, on any date of determination, the respective ratings then asst yrilty's tuusectured, senior long-term debt or deposit obligations (not supported by third party credit enhancement) by S&P, Moody'. ed ,rating agency or agencies or if such entity does not have a rating for its unsecured, senior long -teat debt or deposit otingations the rating assigned to such entity as its "corporate credit rating" by S&P.. Issued by: Effective: