Minimum Specifications. Following are the minimum specifications pertaining to this Contract: 1. The avoided unit (“Avoided Unit”) options on which this Contract is based are detailed in Appendix A. 2. This offer shall expire on April 1, 2023. 3. The date by which firm capacity and energy deliveries from the QS to FPL shall commence is the in-service date of the Avoided Unit (or such later date as may be permitted by FPL pursuant to Section 5 of this contract) unless the QS chooses a capacity payment option that provides for early capacity payments pursuant to the terms of this Contract. 4. The period of time over which firm capacity and energy shall be delivered from the QS to FPL is as specified in Appendix E; provided, such period shall be no less than a minimum of ten (10) years after the in-service date of the Avoided Unit. 5. The following are the minimum performance standards for the delivery of firm capacity and energy by the QS to qualify for full capacity payments under this Contract: On Peak * All Hours * QS Performance and On Peak hours shall be as measured and/or described in FPL’s Rate Schedule QS-2 attached hereto as Appendix A (Continued on Sheet No. 9.032.1) 3.2 QS, at no cost to FPL, shall be responsible to: 3.2.1 Design, construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory, and governmental approvals, any requirements of warranty agreements or similar agreements, prudent industrypractice, insurance policies, and the Interconnection Agreement or Wheeling Agreement. 3.2.2 Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Wheeling Agreement(s)) in order to schedule and deliver the firm capacity and energy to FPL. 3.2.3 Obtain and maintain all permits, certifications, licenses, consents or approvals of any governmental or regulatory authority necessary for the construction, operation, and maintenance of the Facility (the “Permits”). QS shall keep FPL reasonably informed as to the status of its permitting efforts and shall promptly inform FPL of any Permits it is unable to obtain, that are delayed, limited, suspended, terminated, or otherwise constrained in a way that could limit, reduce, interfere with, or preclude QS’s ability to perform its obligations under this Contract (including a statement of whether and to what extent this circumstance may limit or preclude QS’s ability to perform under this Contract.) 3.2.4 Demonstrate to FPL’s reasonable satisfaction that QS has established Site Control, an agreement for the ownership or lease of the Facility’s site, for the Term of the Contract. 3.2.5 Complete all environmental impact studies and comply with applicable environmental laws necessary forthe construction, operation, and maintenance of the Facility. 3.2.6 At FPL’s request, provide to FPL electrical specifications and design drawings pertaining to the Facility for FPL’s review prior to finalizing design of the Facility and before beginning construction work based on such specifications and drawings, provided FPL’s review of such specifications and design shall not be construed as endorsing the specification, and design thereof, or as any express or implied warranties including performance, safety, durability or reliability of the Facility. QS shall provide to FPL reasonable advance notice of any changes in the Facility and provide to FPL specifications and design drawings of any such changes. 3.2.7 Within fifteen (15) days after the close of each month from the first month following the Effective Date until the Capacity Delivery Date, provide to FPL a monthly progress report (in a form reasonably satisfactory to FPL) and agree to regularly scheduled meetings between representatives of QS and FPL to review such monthly reports and discuss QS’s construction progress. The Monthly Progress Report shall indicate whether QS is on target to meet the Capacity Delivery Date. If, for any reason, FPL has reason to believe that QS may fail to achieve the Capacity Delivery Date, then, upon FPL’s request, QS shall submit to FPL, within ten (10) business days of such request, a remedial action plan (“Remedial Action Plan”) that sets forth a detailed description of QS’s proposed course of action to promptly achieve the Capacity Delivery Date. Delivery of a Remedial Action Plan does not relieve QS of its obligation to meet the Capacity Delivery Date.
Appears in 2 contracts