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COPY
First Revised Sheet No. 9. 495
FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.495
COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER AGREEMENT
This Agreement is made this 13th day of January ) 2009 by and between
SW ( � 1�Rl� C0U1J D � ( hereinafter called the " Customer" ) , located at g, zkoS
g T in �/ (l O &Au L Florida, and FLORIDA POWER & LIGHT COMPANY, a
corporation organized under the laws of the State of Florida ( hereinafter called the " Company " ) .
WITNESSETH
For and in consideration of the mutual covenants and agreements expressed herein , the Company and the Customer agree
as follows :
I . The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions
of the Company's Commercial industrial Demand Reduction Rider ( "Rider CDR" ) as currently approved or as may
be modified from time . to time by the Florida Public Service Commission ( " Coininission " ) . The Customer
understands and agrees that, whenever reference is made in this Agreement to Rider CDR, both parties intend to
refer to Rider CDR as it may be modified from time to time. A copy of the Company ' s presently approved Rider
CDR is attached hereto as Exhibit A , and Rider CDR is hereby made an integral part of this Agreement.
2 . Service under Rider CDR shall continue, subject to Limitation of Availability , until terminated by either
the
Company or the Customer upon written notice given at least five ( 5 ) years prior to termination .
3 . Service under Rider CDR will be subject to determinations made under Commission Rules 25- 17 . 0021 (4) , F .A .C.
Goals for Electric Utilities and 25-6 .0438 , F . A . C . , Non-Firm Service -Terms and Conditions, or any
other
Commission determination(s) .
4 . The Customer agrees to not exceed a usage level of kW ( " Firm Demand") during the periods when the
Company is controlling the Customer's service . If the Customer chooses to operate backup generation equipment in
parallel with FPL, the Customer shall enter into an interconnection agreement with the Company prior to operating
such equipment in parallel with the Company's electrical system . The " Finn Demand " level ( as applicable) shall not
be exceeded during periods when the Company is controlling load . Upon mutual agreement of the Company and
the Customer, the Customer's " Firm Demand " may be subsequently raised or lowered, so long as the change in the "
Firm Demand " level is not a result of a transfer of load from the controllable portion of the Customer's load . The
Customer shall notify the Company , in writing, at least ninety (90) days prior to adding firm load .
5 . Prior to the Customer's receipt of service under Rider CDR , the Customer must provide the Company access at any
reasonable time to inspect any and all of the Customer's load control equipment and/or backup generation
equipment, and must also have received approval from the Company that the load control equipment and/or backup
generation equipment is satisfactory to effect control of the Customer' s load . The Customer shall be responsible for
meeting any applicable electrical code standards and legal requirements pertaining to the installation , maintenance
and repair of the load control equipment and/or backup generation equipment . It is expressly understood that the
initial approval and later inspections by the Company are not for the purpose of, and the Customer is not to
rely
Upon any such inspection( s) for, determining whether the load control equipment and/or backup generation
equipment has been adequately maintained or is in compliance with any applicable electrical code standards or legal
requirements .
( Continued on Sheet No . 9 .496 )
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective : November 15, 2002
Second Revised Sheet No. 9 . 496
FLORIDA POWER & LIGHT COMPANY Cancels First Revised Sheet No. 9 . 496
(Continued from Sheet No . 9.495 )
6 . The Customer agrees to be responsible for the determination that all electrical equipment to be controlled and/or backed up
is in
good repair and working condition . The Company shall not be responsible for the repair, maintenance or replacement of the
Customer's equipment.
7 . Within two (2) years of this Agreement, the Customer agrees to ( i ) perform the necessary changes to allow control ora portion
of
the Customer' s load and/or ( ii) install or have in place backup generation equipment to contribute to the demand reduction level
.
Should the Customer fail to complete the above work by the above -specified date, or should the Customer fail to begin
taking
service under Rider CDR during that year, this Agreement shall become null and void unless otherwise agreed by the Company .
8 . Upon completion of the installation of the load control equipment and/or backup generation equipment, a test of this equipment
will be conducted at a mutually agreeable time and date . This time and date shall typically be within the Controllable
Rating
Period unless otherwise agreed by the Company . Notice of the test shall be provided to the Company at least five (5 ) business
days in advance of the date of the test, and the Company shall be afforded the opportunity to v fitness the test. The test of die
load
control equipment will consist of a period of load control of not less than one hour. . Effective upon the completion of the testing
of the load control equipment and/or backup generation equipment, the Customer will agree to a "Firm Demand" . Service under
Rider CDR cannot continence prior to the installation of load control equipment or any necessary backup generation equipment
and the successful completion of the test.
9 . in order to minimize the frequency and duration of interruptions under the Commercial Industrial Demand Reduction Rider, the
Company will attempt to obtain reasonably available additional capacity and/or energy under the Continuity of Service Provision
in Rider CDR. Time Customer elects/does not elect to continue taking service under the Continuity of Service Provision . Service
will be provided only if capacity and/or energy can be obtained by the Company and can be transmitted and distributed to
non-
firm Customers without any impairment of the Company's system or service to firm Customers . The Customer may countermand
the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Rider CDR .
The
Company 's obligations under this Section 9 are subject to the terns and conditions specifically set forth in Rider CDR.
10 . The Company may terminate this Agreement at any time if the Customer's load control equipment and/or backup generation
equipment fails to permit the Company to effect control of the Customer's load . Prior to any such termination, the Company shall
notify the Customer at least ninety ( 90) days in advance and describe the failure or malfunction of the Customer's load
control
equipment and/or backup generation equipment. The Company may then terminate this Agreement at the end of the 90-day
notice period unless the Customer takes measures necessary to remedy , to the Company 's satisfaction, the deficiencies in the load
control equipment and/or backup generation equipment. Notwithstanding the foregoing, if at any time during the 90-day period ,
the Customer either refuses or fails to hmitiate and pursue corrective action, the Company shall be entitled to suspend forthwith the
monthly credit under Rider CDR, bill the Customer under the otherwise applicable firm service rate schedule, and to apply
the
rebillumg and penalty provisions enumerated under " Charges for Early Termination " in Rider CDR.
11 . The Customer agrees that the Company will not be liable for any damages or injuries that may occur as a result of
control of
electric service pursuant to the terms of Rider CDR by remote control or otherwise, and/or installation , operation or maintenance
of the Customer' s generation equipment to meet the Finn Demand level .
12 . This Agreement supersedes all previous agreements and representations. either written or oral , heretofore made between
the
Company and the Customer with respect to matters herein contained .
13 . This Agreement may not be assigned by the Customer without the prior written consent of the Company . The Customer shall ,
at
a minimum , provide to the Ccr, ,par. y+ a cnpy of tl-. e a-' '. c ! es of inccrporation cr pv1nership agreement of the propcsed
assignee,
and a copy of such assignee's most recent annual report at the time an assignment is requested .
H : . , a
jn '- - "" r , I. V— tire .. f1'
1 T . . .. .� � .. . _ _..~.t LCie�tll :.u .. • . .. ... ..LJ�4e �. . . �e tu . .- .. . .. .. l.J v . .. a.
Commission .
a:
( Cnrt . , , .ued o„ „ beet No . 9 . 497 )
Issued by : S . E. Romig, Director, Rates and Tariffs
Effective : March 30, 2004
Ir � �
Fifth Revised Sheet No. 8 . 680
FLORIDA POWER & LIGHT COMPANY Cancels Fourth Revised Sheet No . 8 .680
CO1v MERC1ALANDUSTRIAL DEMAND REDUCTION RIDER ( CDR)
(OPTIONAL)
AVAILABLE :
In all territory served. Available to any commercial or industrial customer receiving service under Rate Schedules GSD - I , GSDT-
I , GSLD- 1 ,
GSLDT- 1 , GSLD-2, GSLDT-2, GSLD-3 , GSLDT-3 , or HLFT through the execution of a Commercial/lndustrial Demand Reduction Rider
Agreement in which the load control provisions of this rider can feasibly be applied .
LIMITATION OF AVAILABILITY :
This Rider may be modified or withdrawn subject to determinations made under Conmuission Rules 25 - 17 . 0021 (4 ), F. A . C. , Goals for
Electric
Utilities and 25- 6. 0438, F.A . C . , Non-Firm Electric Service - Terms and Conditions or any other Commission determination.
APPLICATION :
For electric service provided to any commercial or industrial customer receiving service under Rate Schedule GSD - I , GSDT-
1 , GSLD- I ,
GSLDT- 1 , GSLD-2 , GSLDT-2, GSLD-3 , GSLDT-3 , or HLFT who as a part of the ConunercialAndustrial Demand Reduction Rider Agreement
between the Customer and the Company, agrees to allow the Company to control at least 200 kW of the Customer's load, or agrees
to operate
Backup Generation Lquipment (see Definitions) and designate ( if applicable) additional controllable demand to serve at ( cast 200
kW of the
Customer ' s own load during periods when the Company is controlling load. A Customer shall enter into a Conuuercial/Industrial
Reduction
Demand Rider Agreement with the Company to be eligible for this Rider. To establish the initial qualification for this Rider, the Customer
must
have had a Utility Controlled Demand during the summer Controllable Rating Period ( April I through October 31 ) for at least three out of
seven
months of at least 200 kW greater than the Firm Demand level specified in Section 4 of the Conmiercial/lndustrial Demand Reduction
Rider
Agreement. 1'hc Utility Controlled Demand shall not be served on a Linn sentice basis until service has been terminated under this Rider.
LIMITATION OF SERVICE:
Customers participating in the General Service Load Nianagement Program ( FPL "Business On Call " Program) are not eligible for this Rider.
MONTHLY RATE:
All rates and charges under Rate Schedules GSD- 1 , GSDT- I , GSLD- I , GSLDT- I , GSLD-2, GSLDT-2, GSLD-3 , GSLDT-3 , HITT shall apply.
In addition, the applicable Monthly Administrative Adder and Utility Controlled Demand Credit shall apply.
MONTHLY ADMINISTRATIVE ADDER:
Rate Schedule Adder
GSD- I , FILFT (21 -499 kW) $ 534 .32
GSDT- 1 , HLF-I' (21 -499 kW) $ 528 . 18
GSLD- 1 , GSLDT- 1 , FILFT ( 500- 1 ,999 kW) $ 528 . 64
GSLD-2, GSLDT-2, HLFT (2,000 kW or greater) $406 . 65
GSLD-3 , GSLDT-3 $2,647 . 98
UTILITY CONTROLLED DEMAND CRL: Dff:
A monthly credit of $4 . 68 per kW is allowed based on the Customer's Utility Controlled Demand.
UTILITY CONTROLLED DEMAND :
The Utility Controlled Demand for a month in which there are no load control events during the Controllable Rating Period shall be the
sum of the
Customer's kWh usage during the hours of the applicable Controllable Rating Period. divided by the total number of hours in the
applicable
Controllable Rating Period, less the Customer's Firm Demand.
In the event of Load Control occurring during the Controllable Rating Period , the Utili (y Controlled Demand shall be the sum of the
Customer's
kWh usage during the hours of the applicable Controllable Rating Period less die sum of the Customer' s kWh usage during the
Load Control
Period, divided by the number of non-load control hours Occuring during the applicable Controllable Rating Period, less the Customer's
Firm
Demand.
( Continued on Sheet No. 8 . 681 )
Issued by : S . E. Romig, Director, Rates and Tariffs
Effective : May 1 , 2007
k
First Revised Sheet No. 9.497
FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.497
( Continued fiom Sheet No . 9 . 496)
IN WITNESS WHEREOF , the Customer and the Company have caused this Agreement to be duly executed as of the day
and year first above written .
CUSTOMER (private) FLORIDA POWER & LIGHT COMPANY
Comp Signed :
Signed : Nae :
Name : mTitle :
Title:
CUSTOMEiR (pubfic), Tri ia.n , R Vpr . . C,o.unty, , ,, AucsL: q w K e , , Barton j Clerk of Court .
Baa •rd Qf Count
`iovcnuncnta Entity :_, c" o _mmissioner 13Y :
e C-lefWDeputy Clerk
Sed
ign :/
Name : Weslev_S __Davis
Tule : Chairman
My ' , ; , : 't itor
APPROVED AS 10 FORM
AND LE - - CY- .�
B � , f
MARIAN rE . FE [_ '
ASSISTANT , O 'JNTY nTTOFiNEY
Issued by : S . E. Romig, Director, Rates and Tariffs
Effective : March 7, 2003
Second Revised Sheet No. 8, 681
FLORIDA POWER & LIGHT CONIPANY Cancels First Revised Sheet No. 8 . 681
(Continued from Sheet No . 8 . 680 )
CONTROI .I .ARLE RATING PERIODS .
November I throueh March 31 : Mondays through Fridays during the hours from 6 a. m. to 9 a. m. excluding Thanksgiving Day, Christmas
Day,
and New Year' s Day.
April I throueh October 31 : Mondays through Fridays during the hours from 3 p . m . to 6 p. m . excluding Memorial Day , Independence
Day, and
Labor Day .
FIRM DEMAND :
The Customer's monthly Firm Demand shall be the lesser of the " Firm Demand" level specified in the Conunercial/lndustrial Demand Reduction
Rider Agreement with the Company, or the Customer's maximum demand during the applicable Controllable Rating Period. The level of " Firm
Demand" specified in the Commercial/Industrial Demand Reduction Rider Agreement shall not be exceeded during the periods when the
Company is controlling the Customer's load .
LOAD CONTROL:
Control Condition :
The Customer's controllable load served under this Rider is subject to control when such control alleviates any emergency conditions or capacity
shortages, either power supply or transmission, or whenever system load, actual or projected, would otherwise require the peaking operation
of
the Company's generators . Peaking operation entails taking base loaded units, cycling units or combustion turbines above the continuous
rated
output, which may overstress the generators.
Frequency : The Control Conditions will typically result in less than fifteen ( 15) Load Control Periods per year and will not exceed
twenty-five
(25) Load Control Periods per year. Typically, the Company will not initiate a Load Control Period within six (6) hours of
a previous Load
Control Period.
Notice: The Company will provide one ( 1 ) hour's advance notice or more to a Customer prior to controlling the Customer's controllable
load.
Typically, the Company will provide advance notice of four (4) hours or more prior to a Load Control Period .
Duration : The duration of a single Load Control Period will typically be three (3) hours and will not exceed six ( 6) hours.
In the event of an emergency, such as a Generating Capacity Emergency (see Definitions) or a major disturbance, greater frequency, less notice,
or longer duration than listed above may occur. if such an emergency develops, the Customer will be given 15 minutes' notice.
Less than 15
minutes ' notice may only be given in the event that failure to do so would result in loss of power to frill service customers
or the purchase of
emergency power to serve firm service customers. The Customer agrees that the Company will not be liable for any damages or
injuries that
may occur as a result of providing no notice or less than one ( 1 ) hour's notice.
Customer Responsibility :
llpon the successful installation of the load control equipment, a test of this equipnment will be conducted as specified
in the Commercial/
Industrial Demand Reduction Demand Rider Agreement. Testing will be conducted at a mutually agreeable time and date. This time and
date
shall typically be within the Controllable Rating Period unless otherwise agreed by the Company.
The Customer shall be responsible for providing and maintaining the appropriate equipment required to allow the Company to electrically control
the Customer's load, as specified in the Commercial Industrial Demand Reduction Rider Agreement.
The Company will control the controllable portion of the Customer's service for a one-hour period ( typically within the Controllable
Rating
Periods) once per year for Company testing purposes on the first Wednesday in November or, if not possible , at a mutually agreeable
time and
date, if the Customer's Io<d has not been success's lly :ontrl : ed curing a :o .'. .ontrol ever. in the previo is v;velve ( I2) months
. Testing purposes
include the testing of the load control equipment to ensure that the load is able to be controlled within the agreed specifications.
LOAD CONTROL PER10D:
All hours established by the Company during a monthly billing period in which :
I . the Customer's load is controlled, or
2 . the Customer is billed pursuant to the Continuity of Service Provision .
(Continued on Sheet No . 8 .682)
Jill
11111! Still!
Issued by : S. E . Romig, Director, Rates and Tariffs
Effective : March 30 , 2004
Second Revised Sheet No . 8 . 682
FLORIDA POWER & LIGHT CONIPANY Cancels First Revised Sheet No. 8. 682
( Continued from Sheet No . 8 . 681 )
PROVISIONS FOR ENERGY USE DURING CONTROL PERIODS :
Customers notified of a load control event should not exceed their Finn Demand doing periods when the Company is controlling
load . However, electricity will be made available during control periods if the Customer's failure to meet its Finn Demand is
a
result of one of the Following conditions :
I . Force Majeure events (see Definitions) which can be demonstrated to the satisfaction of the Company , or
2 . maintenance of generation equipment necessary for the implementation of load conu-ol which is performed at a pre-
arranged time and date mutually agreeable to the Company and the Customer ( See Special Provisions), or
3 . adding firm load that was not previously non - firm load to the Customer's facility , or
4 . an event affecting local, state or national security , or
5 . an event whose nature requires, that space launch activities be placed in the critical mode (requiring a
closed- loop
configuration of FPL's transmission system) as designated and documented by the NASA Test Director at Kennedy Space
Center and/or the USAF Range Safety Officer at Cape Canaveral Air Force Station .
The Customer's energy use (in excess of the Firm Demand) for the conditions listed above will be billed pursuant
to the
Continuity of Service Provision . For periods during which power under the Continuity of Service Provision is no longer
available, the Customer will be billed, in addition to the normal charges provided hereunder, the greater of the Company's As-
Available Energy cost, or the most expensive energy ( calculated on a cents per kilowatt-hour basis) that FPL is purchasing
or
selling during that period, less the applicable class fuel charge. As-Available Energy cost is the cost calculated for
Schedule
COG- 1 in accordance with FPSC Rule 25- 17. 0825 , F.A . C .
If the Company determines that the Customer has utilized one or more of the exceptions above in an excessive manner,
the
Company will terminate service under this rider as described in TERM OF SERVICE.
If the Customer exceeds the Finn Demand during a period when the Company is controlling load For any reason other than those
specified above, then the Customer will be:
I . billed a $4. 69 charge per kW of excess kW for the prior sixty ( 60) months or the number of months the Customer has been
billed under this rider, whichever is less, and
2. billed a penalty charge of $0 . 99 per kW of excess kW for each month of rebilling.
Excess kW for rebilling and penalty charges is determined by taking lie difference between the Customer's kWh usage during the
load control period divided by the number of hours in the load control period -old the Customer's "Firm Demand " . The Customer
will not be rebilled or penalized twice for the same excess kW in the calculation described above.
( Continued on Sheet No . 8 . 683 )
Issued by : S . E . Romig. Di-"ect � r, Rates car _t Tanf`f?
Effective : January1 , 2006
First Revised Sheet No. 8. 683
FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 8 . 683
( Continued from .Sheet No . 8 . 682 )
TERM OF SERVICE:
During the first year of service under this Rider. the Customer will determine whether or not this Rider is appropriate for the Customer
and may request to exit the program subject to the Provisions for Early Termination . It is intended that the Company will
continue to
provide and the Customer will continue to take service under this Rider for the life of tmc generating unit which has been avoided by
the
Rider. There is, however, a five-year termination notice provision which will allow either the Customer or the Company to terminate
service under this Rider should there be circumstances under which the termination of the Customer's participation or the Company
's
offering of this Rider is desired.
Service under this Rider shall continue, subject to Limitation of Availability , until terminated by either the Company or die Customer
upon written notice given at least five (5) years prior to termination .
The Company may terminate service under this Rider at any time for the Customer's failure to comply with the tenns and conditions
of
this Rider or the Commercial Industrial Demand Reduction Rider Agreement. Prior to any such termination, the Company shall notify
the Customer at least ninety (90) days in advance and describe the Customer's failure to comply . The Company may then terminate
service under this Rider at the end of the 90-day notice period unless the Customer takes measures necessary to eliminate,
to the
Company's satisfaction, the compliance deficiencies described by the Company . Notwithstanding the foregoing, if, at any time during
the 90-day period, the Customer either refuses or fails to initiate and pursue corrective action, the Company shall be entitled
to suspend
forthwith the monthly credits under this Rider and bill the Customer under the otherwise applicable fine service rate schedule.
PROVISIONS FOR EARLY TERMINATION :
Termination of this Rider, with less than five (5 ) years' written notice , for which the Customer would qualify , may be permitted
if it can
be shown that such termination is in the best interests of the Customer, the Company and the Company's other customers .
If the Customer no longer wishes to receive electric service in any form from the Company, or decides to cogenerate to serve all
of the
previously Utility Controlled Demand and to take interruptible standby service from the Company , the Customer may terminate
the
Commercial Industrial Demand Reduction Agreement by giving at least thirty ( 30) days' advance written notice to the Company .
If service under this Rider is terminated for any reason , the Customer will not be rebilled as specified in Charges for Early
Termination
i F.
a . it has been demonstrated to the satisfaction of the Company that the impact of such transfer of set-vice on die economic
cost-
effectiveness of the Company's Commercial/Industrial Demand Reduction Rider is in the best interests of the Customer, the
Company and die Company's otter customers, or
b . the Customer is required to terminate this Rider as a result of Commission Rule 25 -6.0438, F.A. C . , or a Commission
decision
pursuant to this rule, or
C. the termination of service under this Rider is the result of either the Customer's ceasing operations at its
facility (without
continuing or establishing similar operations elsewhere in the Company's service area), or a decision by the
Customer to
cogenerate to serve all of the previously utility controlled load and to take interruptible standby service from the Company, or
d . any other Customer(s) with demand reduction equivalent to, or greater than , that of the existing Customers) agree(s)
to take
service under this Rider and the MW demand reduction commitment to die Company's Generation Expansion Plan has been met
and the new replacement Customer(s) has ( have) the equipment installed and is (are) available to perform load control , or
e . FPL detennines that the Customer' s MW reduction is no lunger needed in accordance with
the FPL Numeric
Commercial/Industrial Conservation Goals.
( Continued on Sheet No. 8 . 684 )
Issued by : S. E. Romig, Director, Rates and Tariffs
Effective : November 15, 2002
e.
Second Revised Sheet No. 8 . 684
FLORIDA POWER & LIGHT COMPANY Cancels First Revised Sheet No. 8 . 684
( Continued from Sheet No . 8 . 683 )
hi the event the Customer pays the Charges for Early Termination because no replacement Customer( s) is ( are) available
as specified in
paragraph d. above, but the replacement Custonmer(s) does(do) become available within twelve ( 12) months from the date of
termination of
service under this Rider or FPL later determines that there is no need for the MW reduction in
accordance with the FPL Numeric
Conhmercial/lndustrial Conservation Goals, then the Customer will be refunded all or part of the rebilling and penalty
in proportion to the
amount of MW obtained to replace the lost capacity less the additional cost incurred by the Company to serve those MW during any load control
periods which may occur before the replacement Customer(s) became available .
Charges for Early Termination :
In the event that :
a) service is terminated by die Company for any reason( s) specified in this section, or
b) there is a termination of die Customer's existing service and, within twelve ( 12) months of such termination of service, the
Company
receives a request to re-establish service of similar character under a firm service or a curtailable service rate schedule, or under this
rider
witlm a shift from non-firm load to firm service,
i) at a different location in the Company's service area, or
ii) under a different name or different ownership , or
ill) under other circumstances whose effect would be to increase firm demand on the Company's system without the requisite five
( 5)
years' advance written notice, or
C) the Customer transfers the controllable portion of the Customer's load to " Firm Demand" or to a firnm or a curtailable service rate schedule
Without providing at least five ( 5 ) years' advance written notice,
then the Customer will be :
1 . rebilled $4 . 68 per kW of Utility Controlled Demand for the shorter of ( a) the most recent prior sixty ( 60) months during
which
the Customer was billed for service under this Rider, or ( b) the number of months time Customer has been billed under
this
Rider, and
2 . billed a penalty charge of $0 . 99 per kW of Utility Controlled Demand times the number of months rebilled in No . I above .
SPFCIAI . PROVISIONS :
I . Control of the Customer's load shall be accomplished through the Company's load management systems by use of control circuits
connected directly to the Customer's switching equipment or the Customer's load may be controlled by use of an energy management
system where the firm demand level can be established or modified only by means of joint access by the Customer and the Company.
2 . The Customer shall grant the Company reasonable access for installing, maintaining, inspecting, testing and/or removing Company-
owned load control equipment.
) . It shall be the responsibility of the Customer to determine that all electrical equipment to be controlled is in good repair
and working
condition . The Company will not be responsible for the repair, maintenance or replacement of the Customer's electrical equipment.
4 . 'The Company is not required to install load control equipment if the installation cannot be economically justified .
5 . Credits under this iRicier will commence after the installation , inspection and Successful testing of tiic loan control equipment.
6. Maintenance of equipment ( including generators ) necessary for the implementation of load control will not be scheduled
during
periods where the Company projects that it would not be able to withstand the loss of its largest unit and continue
to serve firm
service customers .
( Continued on Sheet No. 8 . 685 )
Issued by : S. E. Romig, Director , Rates and Tariffs
I - \
I
First Revised Sheet No. 8. 685
FLORIDA PONYER & LIGHT COMPANY
Cancels Original Sheet No . 8. 685
( Continued from Sheet No . 3634 )
CON IiNUiTY OF SERVICE PROVISION :
in order to minimize the frequency and duration of interruptions, the Company will attempt to obtain reasonably
available additional
capacity and/or energy during periods for which interruptions may be requested . The Company's obligation in this regard is no different
than
its obligation in general to purchase power to serve its Customers during a capacity shortage ; in other words, the Company is not
obligated to
account for, or otherwise reflect in its generation planning and construction , the possibility of providing capacity and/or energy
under this
electing to receive capacity and/or energy which enable( s ) the Company to
Continuity of Service Provision. Any non-firm customers so
continue service to tile Customer's non- firm loads during these periods will be subject to the additional charges set forth below .
in the event a Customer elects not to have its non- firm load interrupted pursuant to this Rider, the Customer shall pay ,
in addition to the
normal charges provided hereunder, a charge reflecting the additional costs incurred by the Company in continuing to provide service,
less
the applicable class fuel charge for the period during which the load would otherwise have been controlled (see Sheet No.
8 . 030) . This
incremental charge shall apply to the customer's non - firm load for all consumption above the Customer's Firm Demand during the
time in
which the non-firm load would otherwise have been controlled . If, for any reason during such period, this capacity and/or energy
is ( are) no
longer available or cannot be accommodated by the Company's system, the terms of this Continuity of Service Provision will cease to apply
and interruptions will be required for the remainder of such period unless energy use is for one of the conditions outlined under
" Provisions
for Energy Use During Control Periods " .
Any customer served under this Rider may elect to minimize the interruptions through the procedure described above . The initial
election
must be made in the Commercial/Industrial Demand Reduction Agreement. Any adjustment or change to the election must be provided
to
the Company with at least 24 hours' written notice ( not including holidays and weekends) and must be by mutual agreement,
in writing,
between the Customer and the Company . in such case, the written notice will replace any prior election with regard to this
Continuity of
Service Provision .
RULES AND REGULATIONS :
Service under this rider is subject to orders of governmental bodies having jurisdiction and to the currently effective " General
Rules and
Regulations for Electric Service" on file with the Florida Public Service Commission . in case of conflictbetween any provision(
s) of this
rider and said "General Rules and Regulations for Electric Service" , the provision( s) of this rider shall apply .
DEFINITIONS :
Generating Capacity Emergency:
f the electric utilities in the state of Florida has inadequate generating capability ,
A Generating Capacity Emergency exists when any one o
including purchased power, to supply its Firm load obligations .
Force Majeure :
Force Majeure for the purposes of this rider means causes not within the reasonable control of the Customer affected and not caused
by the
negligence or lack of due diligence of the Customer. Such events or circumstances may include acts of God , strikes , lockouts or other labor
disputes or difficulties, wars, blockades, insurrections , riots , environmental constraints lawfully imposed by federal
, state , or local
governmental bodies, explosions, fires, floods , lightning, wind, accidents to equipment or machinery , or similar occurrences .
Backup Generation Equipment:
Backup generation equipment shall be Customer-provided generation equipment and switch gear. This generation equipment
will e
utilized for emergency purposes , including periods when the Company is controlling load .
Effective : November 15, 2062