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									FLORIDA POWER & LIGHT COMPANY

   PRO FORMA OPEN ACCESS

     TRANSMISSION TARIFF
Florida Power & Light Company                                      Open Access Transmission Tariff
                                                                              Original Sheet No. 1



                                     TABLE OF CONTENTS



PART I.    COMMON SERVICE PROVISIONS .................................................... 10
     1     Definitions .......................................................................................... 10
           1.1      Ancillary Services .................................................................. 10
           1.2      Annual Network Transmission Service Rate ......................... 10
           1.3      Application ............................................................................. 10
           1.4      Commission........................................................................... 10
           1.5      Completed Application .......................................................... 10
           1.6      Control Area .......................................................................... 10
           1.7      Curtailment ............................................................................ 11
           1.8      Delivering Party ..................................................................... 11
           1.9      Designated Agent .................................................................. 11
           1.10     Direct Assignment Facilities .................................................. 11
           1.11     Eligible Customer .................................................................. 12
           1.12     Facilities Study ...................................................................... 13
           1.13     Firm Point-To-Point Transmission Service ............................ 13
           1.14     Good Utility Practice .............................................................. 13
           1.15     Interruption ............................................................................ 14
           1.16     Load Ratio Share .................................................................. 14
           1.17     Load Shedding ...................................................................... 14
           1.18     Long-Term Firm Point-To-Point Transmission Service .......... 14
           1.19     Native Load Customers ......................................................... 14
           1.20     Network Customer................................................................. 15
           1.21     Network Integration Transmission Service ............................ 15
           1.22     Network Load ........................................................................ 15
           1.23     Network Operating Agreement .............................................. 15
           1.24     Network Operating Committee .............................................. 16
           1.25     Network Resource ................................................................. 16
           1.26     Network Upgrades................................................................. 16
           1.27     Non-Firm Point-To-Point Transmission Service .................... 16
           1.28     Open Access Same-Time Information System (OASIS) ....... 17
           1.29     Part I...................................................................................... 17
           1.30     Part II..................................................................................... 17
           1.31     Part III.................................................................................... 17
           1.32     Parties ................................................................................... 17
           1.33     Point(s) of Delivery ................................................................ 18

Issued By: P. J. Evanson
Issued:    April 17, 2000                                            Effective Date: January 1, 2000
Florida Power & Light Company                                        Open Access Transmission Tariff
                                                                                Original Sheet No. 2

           1.34       Point(s) of Receipt ................................................................. 18
           1.35       Point-To-Point Transmission Service .................................... 18
           1.36       Power Purchaser ................................................................... 18
           1.37       Receiving Party ..................................................................... 18
           1.38       Regional Transmission Group (RTG) .................................... 19
           1.39       Reserved Capacity ................................................................ 19
           1.40       Service Agreement ................................................................ 19
           1.41       Service Commencement Date............................................... 19
           1.42       Short-Term Firm Point-To-Point Transmission Service
                       .............................................................................................. 20
           1.43       System Impact Study ............................................................ 20
           1.44       Third-Party Sale .................................................................... 20
           1.45       Transmission Customer ........................................................ 20
           1.46       Transmission Provider ........................................................... 21
           1.47       Transmission Provider's Monthly Transmission System Peak
                       .............................................................................................. 21
           1.48       Transmission Service ............................................................ 21
           1.49       Transmission System ............................................................ 21
      2    Initial Allocation and Renewal Procedures ...................................... 21
           2.1        Initial Allocation of Available Transmission Capability
                       .............................................................................................. 21
           2.2        Reservation Priority for Existing Firm Service Customers
                       .............................................................................................. 22
      3    Ancillary Services .............................................................................. 23
           3.1        Scheduling, System Control and Dispatch Service ............... 25
           3.2        Reactive Supply and Voltage Control from Generation Sources
                      Service .................................................................................. 25
           3.3        Regulation and Frequency Response Service ...................... 25
           3.4        Energy Imbalance Service .................................................... 25
           3.5        Operating Reserve - Spinning Reserve Service .................... 26
           3.6        Operating Reserve - Supplemental Reserve Service ............ 26
      4    Open Access Same-Time Information System (OASIS) ................. 26
      5    Local Furnishing Bonds .................................................................... 26


           5.1     Transmission Providers that Own Facilities Financed by Local
                   Furnishing Bonds .................................................................. 26
           5.2     Alternative Procedures for Requesting Transmission
                   Service .................................................................................. 27
      6    Reciprocity ......................................................................................... 28


Issued By: P. J. Evanson
Issued:    April 17, 2000                                               Effective Date: January 1, 2000
Florida Power & Light Company                                         Open Access Transmission Tariff
                                                                                 Original Sheet No. 3

      7    Billing and Payment ........................................................................... 29
           7.1          Billing Procedure ................................................................... 29
           7.2          Interest on Unpaid Balances ................................................. 30
           7.3          Customer Default .................................................................. 30
      8    Accounting for the Transmission Provider's Use of the Tariff
             .......................................................................................................... 31
           8.1          Transmission Revenues ........................................................ 31
           8.2          Study Costs and Revenues ................................................... 31
      9    Regulatory Filings .............................................................................. 32
      10   Force Majeure and Indemnification .................................................. 33
           10.1         Force Majeure ....................................................................... 33
           10.2         Indemnification ...................................................................... 33
      11   Creditworthiness................................................................................ 34
      12   Dispute Resolution Procedures........................................................ 34
           12.1         Internal Dispute Resolution Procedures ................................ 34
           12.2         External Arbitration Procedures............................................. 35
           12.3         Arbitration Decisions ............................................................. 36
           12.4         Costs ..................................................................................... 37
           12.5         Rights under The Federal Power Act .................................... 37

PART II.   POINT-TO-POINT TRANSMISSION SERVICE
           Preamble ............................................................................................. 38
      13   Nature of Firm Point-To-Point Transmission Service ..................... 38
           13.1    Term ...................................................................................... 38
           13.2    Reservation Priority ............................................................... 38
           13.3    Use of Firm Transmission Service by the Transmission
                   Provider ................................................................................. 40
           13.4    Service Agreements .............................................................. 40
           13.5    Transmission Customer Obligations for Facility Additions
                   or Redispatch Costs .............................................................. 41
           13.6    Curtailment of Firm Transmission Service ............................. 42
           13.7    Classification of Firm Transmission Service .......................... 43

           13.8    Scheduling of Firm Point-To-Point Transmission Service
                    .............................................................................................. 45
      14   Nature of Non-Firm Point-To-Point Transmission Service ............. 46
           14.1    Term ...................................................................................... 46
           14.2    Reservation Priority ............................................................... 47
           14.3    Use of Non-Firm Point-To-Point Transmission Service by the
                   Transmission Provider ........................................................... 48
           14.4    Service Agreements .............................................................. 49

Issued By: P. J. Evanson
Issued:    April 17, 2000                                                Effective Date: January 1, 2000
Florida Power & Light Company                                       Open Access Transmission Tariff
                                                                               Original Sheet No. 4

           14.5     Classification of Non-Firm Point-To-Point Transmission
                    Service .................................................................................. 49
           14.6     Scheduling of Non-Firm Point-To-Point Transmission Service
                     .............................................................................................. 50
           14.7     Curtailment or Interruption of Service .................................... 51
      15   Service Availability ............................................................................ 53
           15.1     General Conditions................................................................ 53
           15.2     Determination of Available Transmission Capability .............. 53
           15.3     Initiating Service in the Absence of an Executed Service
                    Agreement ............................................................................. 53
           15.4     Obligation to Provide Transmission Service that Requires
                    Expansion or Modification of the Transmission System
                     .............................................................................................. 54
           15.5     Deferral of Service................................................................. 55
           15.6     Other Transmission Service Schedules ................................ 55
           15.7     Real Power Losses ............................................................... 55
      16   Transmission Customer Responsibilities........................................ 56
           16.1     Conditions Required of Transmission Customers ................. 56
           16.2     Transmission Customer Responsibility for Third-Party
                    Arrangements ........................................................................ 57
      17   Procedures for Arranging Firm Point-To-Point Transmission
           Service ................................................................................................ 58
           17.1     Application ............................................................................. 58
           17.2     Completed Application .......................................................... 59
           17.3     Deposit .................................................................................. 60
           17.4     Notice of Deficient Application ............................................... 62
           17.5     Response to a Completed Application .................................. 62
           17.6     Execution of Service Agreement ........................................... 63
           17.7     Extensions for Commencement of Service ........................... 64
      18   Procedures for Arranging Non-Firm Point-To-Point Transmission
           Service ................................................................................................ 64
           18.1     Application ............................................................................. 64
           18.2     Completed Application .......................................................... 65
           18.3     Reservation of Non-Firm Point-To-Point Transmission Service
                     .............................................................................................. 66
           18.4     Determination of Available Transmission Capability.............. 67
      19   Additional Study Procedures for Firm Point-To-Point
           Transmission Service Requests ....................................................... 67
           19.1     Notice of Need for System Impact Study ............................... 67
           19.2     System Impact Study Agreement and Cost


Issued By: P. J. Evanson
Issued:    April 17, 2000                                              Effective Date: January 1, 2000
Florida Power & Light Company                                        Open Access Transmission Tariff
                                                                                Original Sheet No. 5

                     Reimbursement ..................................................................... 68
            19.3     System Impact Study Procedures ......................................... 69
            19.4     Facilities Study Procedures ................................................... 71
            19.5     Facilities Study Modifications ................................................ 72
            19.6     Due Diligence in Completing New Facilities .......................... 73
            19.7     Partial Interim Service ........................................................... 73
            19.8     Expedited Procedures for New Facilities ............................... 74
      20    Procedures if the Transmission Provider is Unable to Complete
            New Transmission Facilities for Firm Point-To-Point
            Transmission Service ........................................................................ 75
            20.1     Delays in Construction of New Facilities ............................... 75
            20.2     Alternatives to the Original Facility Additions ........................ 76
            20.3     Refund Obligation for Unfinished Facility Additions ............... 76
      21    Provisions Relating to Transmission Construction and Services
            on the Systems of Other Utilities...................................................... 77
            21.1     Responsibility for Third-Party System Additions .................... 77
            21.2     Coordination of Third-Party System Additions ....................... 78
      22    Changes in Service Specifications ................................................... 79
            22.1     Modifications on a Non-Firm Basis ........................................ 79
            22.2     Modification on a Firm Basis ................................................. 80
      23    Sale or Assignment of Transmission Service ................................. 81
            23.1     Procedures for Assignment or Transfer of Service ................ 81
            23.2     Limitations on Assignment or Transfer of Service ................. 82
            23.3     Information on Assignment or Transfer of Service ................ 82
      24    Metering and Power Factor Correction at Receipt and Delivery
            Point(s)................................................................................................ 83

            24.1    Transmission Customer Obligations...................................... 83
            24.2    Transmission Provider Access to Metering Data ................... 83
            24.3    Power Factor ......................................................................... 83
      25    Compensation for Transmission Service ........................................ 83
      26    Stranded Cost Recovery ................................................................... 84
      27    Compensation for New Facilities and Redispatch Costs ............... 84

PART III.   NETWORK INTEGRATION TRANSMISSION SERVICE
            Preamble ............................................................................................. 85
      28    Nature of Network Integration Transmission Service ..................... 85
            28.1    Scope of Service ................................................................... 85
            28.2    Transmission Provider Responsibilities ................................. 86
            28.3    Network Integration Transmission Service ............................ 87
            28.4    Secondary Service ................................................................ 87

Issued By: P. J. Evanson
Issued:    April 17, 2000                                               Effective Date: January 1, 2000
Florida Power & Light Company                                     Open Access Transmission Tariff
                                                                             Original Sheet No. 6

           28.5      Real Power Losses ............................................................... 87
           28.6      Restrictions on Use of Service .............................................. 88
      29   Initiating Service ................................................................................ 88
           29.1      Condition Precedent for Receiving Service ........................... 88
           29.2      Application Procedures ......................................................... 89
           29.3      Technical Arrangements to be Completed Prior to
                     Commencement of Service ................................................... 93
           29.4      Network Customer Facilities .................................................. 93
           29.5      Filing of Service Agreement .................................................. 94
      30   Network Resources ........................................................................... 94
           30.1      Designation of Network Resources ....................................... 94
           30.2      Designation of New Network Resources ............................... 95
           30.3      Termination of Network Resources ....................................... 95
           30.4      Operation of Network Resources .......................................... 95
           30.5      Network Customer Redispatch Obligation ............................. 96
           30.6      Transmission Arrangements for Network Resources not
                     Physically Interconnected with the Transmission Provider .... 96
           30.7      Limitation on Designation of Network Resources .................. 96
           30.8      Use of Interface Capacity by the Network Customer ............. 97
           30.9      Network Customer Owned Transmission Facilities ............... 97
      31   Designation of Network Load ........................................................... 98
           31.1      Network Load ........................................................................ 98
           31.2      New Network Loads Connected with the Transmission
                     Provider ................................................................................. 98
           31.3      Network Load not Physically Interconnected with the
                     Transmission Provider ........................................................... 99
           31.4      New Interconnection Points ................................................... 99
           31.5      Changes in Service Requests ............................................. 100
           31.6      Annual Load and Resource Information Updates ................ 100
      32   Additional Study Procedures for Network Integration
           Transmission Service Requests ..................................................... 101
           32.1      Notice of Need for System Impact Study ............................. 101
           32.2      System Impact Study Agreement and Cost
                     Reimbursement ................................................................... 102
           32.3      System Impact Study Procedures ....................................... 103
           32.4      Facilities Study Procedures ................................................. 104
      33   Load Shedding and Curtailments ................................................... 106
           33.1      Procedures .......................................................................... 106
           33.2      Transmission Constraints .................................................... 106
           33.3      Cost Responsibility for Relieving Transmission Constraints 107


Issued By: P. J. Evanson
Issued:    April 17, 2000                                           Effective Date: January 1, 2000
Florida Power & Light Company                                          Open Access Transmission Tariff
                                                                                  Original Sheet No. 7

                33.4    Curtailments of Scheduled Deliveries.................................. 108
                33.5    Allocation of Curtailments .................................................... 108
                33.6    Load Shedding .................................................................... 108
                33.7    System Reliability ................................................................ 109
         34     Rates and Charges .......................................................................... 110
                34.1    Monthly Demand Charge .................................................... 110
                34.2    Determination of Network Customer's Monthly Network Load
                        ............................................................................................ 110
                34.3    Determination of Transmission Provider's Monthly
                        Transmission System Load ................................................. 111
                34.4    Redispatch Charge.............................................................. 111
                34.5    Stranded Cost Recovery ..................................................... 111
         35     Operating Arrangements ................................................................. 112
                35.1    Operation under the Network Operating Agreement
                        ............................................................................................ 112
                35.2    Network Operating Agreement ............................................ 112
                35.3    Network Operating Committee ............................................ 114


SCHEDULE 1 ....................................................................................................... 115
    Scheduling, System Control and Dispatch Service .............................. 115

SCHEDULE 2 ....................................................................................................... 117
    Reactive Supply and Voltage Control from Generation Sources Service .
          ........................................................................................................ 117

SCHEDULE 3 ....................................................................................................... 120
    Regulation and Frequency Response Service ...................................... 120

SCHEDULE 4 ....................................................................................................... 123
    Energy Imbalance Service ....................................................................... 123

SCHEDULE 5 ....................................................................................................... 131
    Operating Reserve - Spinning Reserve Service .................................... 131

SCHEDULE 6 ....................................................................................................... 134
    Operating Reserve - Supplemental Reserve Service ............................ 134

SCHEDULE 7 ....................................................................................................... 137
    Firm Point-To-Point Transmission Service ............................................ 137



Issued By: P. J. Evanson
Issued:    April 17, 2000                                                 Effective Date: January 1, 2000
Florida Power & Light Company                                          Open Access Transmission Tariff
                                                                                  Original Sheet No. 8

SCHEDULE 8 ....................................................................................................... 139
    Non-Firm Point-To-Point Transmission Service.................................... 139

SCHEDULE 9 ....................................................................................................... 141
    Losses....................................................................................................... 141

ATTACHMENT A ................................................................................................. 142
    Form of Service Agreement for Firm Point-To-Point Transmission
         Service............................................................................................ 142

ATTACHMENT B ................................................................................................. 153
    Form of Service Agreement for Non-Firm Point-To-Point Transmission
        Service .............................................................................................. 153

ATTACHMENT C ................................................................................................. 161



         Methodology to Assess Available Transfer Capability ......................... 161

ATTACHMENT D ................................................................................................. 165
    Methodology for Completing a System Impact Study .......................... 165

ATTACHMENT E ................................................................................................. 184
    Index of Point-To-Point Transmission Service Customers .................. 184

ATTACHMENT F .................................................................................................. 186
    Form of Service Agreement for Network Integration Transmission
         Service............................................................................................ 186

ATTACHMENT G ................................................................................................. 195
    Form of a Network Operating Agreement .............................................. 195
    ARTICLE 1 - Definitions ........................................................................... 196
    ARTICLE 2 - Term of Service................................................................... 198
    ARTICLE 3 - Network Customer Control Area ....................................... 198
    ARTICLE 4 - Network Operating Committee .......................................... 206
    ARTICLE 5 - Technical Data .................................................................... 208

ATTACHMENT H ................................................................................................. 224
    Annual Network Transmission Service Rate ......................................... 224

ATTACHMENT I ................................................................................................... 225

Issued By: P. J. Evanson
Issued:    April 17, 2000                                                Effective Date: January 1, 2000
    Florida Power & Light Company                                        Open Access Transmission Tariff
                                                                                    Original Sheet No. 9

             Index of Network Integration Transmission Service Customers ......... 225

    ATTACHMENT J .................................................................................................. 226
1




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                                              Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                       Original Sheet No. 10

 1                    PART I.         COMMON SERVICE PROVISIONS

 2   1     Definitions

 3         1.1    Ancillary Services: Those services that are necessary to support the

 4                transmission of capacity and energy from resources to loads while

 5                maintaining    reliable   operation   of     the   Transmission   Provider's

 6                Transmission System in accordance with Good Utility Practice.

 7         1.2    Annual Network Transmission Service Rate: The total annual rate

 8                for purposes of Network Integration Transmission Service shall be as

 9                specified in Attachment H until amended by the Transmission Provider

10                or modified by the Commission.

11         1.3    Application:    A request by an Eligible Customer for transmission

12                service pursuant to the provisions of the Tariff.

13         1.4    Commission: The Federal Energy Regulatory Commission.

14         1.5    Completed Application: An Application that satisfies all of the

15                information and other requirements of the Tariff, including any

16                required deposit.

17         1.6    Control Area: An electric power system or combination of electric

18                power systems to which a common automatic generation control

19                scheme is applied in order to:




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                                Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 11

 1                (1)    match, at all times, the power output of the generators within

 2                       the electric power system(s) and capacity and energy

 3                       purchased from entities outside the electric power system(s),

 4                       with the load within the electric power system(s);

 5                (2)    maintain scheduled interchange with other Control Areas,

 6                       within the limits of Good Utility Practice;

 7                (3)    maintain the frequency of the electric power system(s) within

 8                       reasonable limits in accordance with Good Utility Practice; and

 9                (4)    provide sufficient generating capacity to maintain operating

10                       reserves in accordance with Good Utility Practice.

11         1.7    Curtailment: A reduction in firm or non-firm transmission service in

12                response to a transmission capacity shortage as a result of system

13                reliability conditions.

14         1.8    Delivering Party: The entity supplying capacity and energy to be

15                transmitted at Point(s) of Receipt.

16         1.9    Designated Agent: Any entity that performs actions or functions on

17                behalf of the Transmission Provider, an Eligible Customer, or the

18                Transmission Customer required under the Tariff.

19         1.10   Direct Assignment Facilities: Facilities or portions of facilities that

20                are constructed by the Transmission Provider for the sole use/benefit



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 12

 1                of a particular Transmission Customer requesting service under the

 2                Tariff. Direct Assignment Facilities shall be specified in the Service

 3                Agreement that governs service to the Transmission Customer and

 4                shall be subject to Commission approval.

 5         1.11   Eligible Customer: (i) Any electric utility (including the Transmission

 6                Provider and any power marketer), Federal power marketing agency,

 7                or any person generating electric energy for sale for resale is an

 8                Eligible Customer under the Tariff. Electric energy sold or produced

 9                by such entity may be electric energy produced in the United States,

10                Canada or Mexico. However, with respect to transmission service that

11                the Commission is prohibited from ordering by Section 212(h) of the

12                Federal Power Act, such entity is eligible only if the service is provided

13                pursuant to a state requirement that the Transmission Provider offer

14                the unbundled transmission service, or pursuant to a voluntary offer of

15                such service by the Transmission Provider. (ii) Any retail customer

16                taking   unbundled    Transmission    Service    pursuant   to   a   state

17                requirement that the Transmission Provider offer the transmission

18                service, or pursuant to a voluntary offer of such service by the

19                Transmission Provider, is an Eligible Customer under the Tariff.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 13

 1         1.12   Facilities   Study:    An   engineering     study   conducted        by   the

 2                Transmission Provider to determine the required modifications to the

 3                Transmission Provider's Transmission System, including the cost and

 4                scheduled completion date for such modifications, that will be required

 5                to provide the requested transmission service.

 6         1.13   Firm Point-To-Point Transmission Service: Transmission Service

 7                under this Tariff that is reserved and/or scheduled between specified

 8                Points of Receipt and Delivery pursuant to Part II of this Tariff.

 9         1.14   Good Utility Practice: Any of the practices, methods and acts

10                engaged in or approved by a significant portion of the electric utility

11                industry during the relevant time period, or any of the practices,

12                methods and acts which, in the exercise of reasonable judgment in

13                light of the facts known at the time the decision was made, could have

14                been expected to accomplish the desired result at a reasonable cost

15                consistent with good business practices, reliability, safety and

16                expedition. Good Utility Practice is not intended to be limited to the

17                optimum practice, method, or act to the exclusion of all others, but

18                rather to be acceptable practices, methods, or acts generally accepted

19                in the region.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 14

 1         1.15   Interruption:    A reduction in non-firm transmission service due to

 2                economic reasons pursuant to Section 14.7.

 3         1.16   Load Ratio Share: Ratio of a Transmission Customer's Network Load

 4                to the Transmission Provider's total load computed in accordance with

 5                Sections 34.2 and 34.3 of the Network Integration Transmission

 6                Service under Part III of the Tariff and calculated on a rolling twelve

 7                month basis.

 8         1.17   Load Shedding: The systematic reduction of system demand by

 9                temporarily decreasing load in response to transmission system or

10                area capacity shortages, system instability, or voltage control

11                considerations under Part III of the Tariff.

12         1.18   Long-Term Firm Point-To-Point Transmission Service: Firm Point-

13                To-Point Transmission Service under Part II of the Tariff with a term of

14                one year or more.

15         1.19   Native Load Customers: The wholesale and retail power customers

16                of the Transmission Provider on whose behalf the Transmission

17                Provider, by statute, franchise, regulatory requirement, or contract,

18                has undertaken an obligation to construct and operate the

19                Transmission Provider's system to meet the reliable electric needs of

20                such customers.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 15

 1         1.20   Network Customer: An entity receiving transmission service pursuant

 2                to the terms of the Transmission Provider's Network Integration

 3                Transmission Service under Part III of the Tariff.

 4         1.21   Network Integration Transmission Service: The transmission

 5                service provided under Part III of the Tariff.

 6         1.22   Network Load: The load that a Network Customer designates for

 7                Network Integration Transmission Service under Part III of the Tariff.

 8                The Network Customer's Network Load shall include all load served

 9                by the output of any Network Resources designated by the Network

10                Customer. A Network Customer may elect to designate less than its

11                total load as Network Load but may not designate only part of the load

12                at a discrete Point of Delivery. Where a Eligible Customer has elected

13                not to designate a particular load at discrete points of delivery as

14                Network Load, the Eligible Customer is responsible for making

15                separate arrangements under Part II of the Tariff for any Point-To-

16                Point Transmission Service that may be necessary for such non-

17                designated load.

18         1.23   Network Operating Agreement: An executed agreement that

19                contains the terms and conditions under which the Network Customer

20                shall operate its facilities and the technical and operational matters



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 16

 1                associated     with   the   implementation    of      Network   Integration

 2                Transmission Service under Part III of the Tariff.

 3         1.24   Network Operating Committee: A group made up of representatives

 4                from the Network Customer(s) and the Transmission Provider

 5                established to coordinate operating criteria and other technical

 6                considerations required for implementation of Network Integration

 7                Transmission Service under Part III of this Tariff.

 8         1.25   Network Resource: Any designated generating resource owned,

 9                purchased or leased by a Network Customer under the Network

10                Integration Transmission Service Tariff. Network Resources do not

11                include any resource, or any portion thereof, that is committed for sale

12                to third parties or otherwise cannot be called upon to meet the

13                Network Customer's Network Load on a non-interruptible basis.

14         1.26   Network Upgrades: Modifications or additions to transmission-related

15                facilities that are integrated with and support the Transmission

16                Provider's overall Transmission System for the general benefit of all

17                users of such Transmission System.

18         1.27   Non-Firm Point-To-Point Transmission Service: Point-To-Point

19                Transmission Service under the Tariff that is reserved and scheduled

20                on an as-available basis and is subject to Curtailment or Interruption



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 17

 1                as set forth in Section 14.7 under Part II of this Tariff. Non-Firm Point-

 2                To-Point Transmission Service is available on a stand-alone basis for

 3                periods ranging from one hour to one month.

 4

 5         1.28   Open Access Same-Time Information System (OASIS): The

 6                information system and standards of conduct contained in Part 37 of

 7                the Commission's regulations and all additional requirements

 8                implemented by subsequent Commission orders dealing with OASIS.

 9         1.29   Part I: Tariff Definitions and Common Service Provisions contained in

10                Sections 1 through 12.

11         1.30   Part II: Tariff Sections 13 through 27 pertaining to Point-To-Point

12                Transmission Service in conjunction with the applicable Common

13                Service Provisions of Part I and appropriate Schedules and

14                Attachments.

15         1.31   Part III: Tariff Sections 28 through 35 pertaining to Network

16                Integration Transmission Service in conjunction with the applicable

17                Common Service Provisions of Part I and appropriate Schedules and

18                Attachments.

19         1.32   Parties: The Transmission Provider and the Transmission Customer

20                receiving service under the Tariff.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 18

 1         1.33   Point(s) of Delivery: Point(s) on the Transmission Provider's

 2                Transmission System where capacity and energy transmitted by the

 3                Transmission Provider will be made available to the Receiving Party

 4                under Part II of the Tariff. The Point(s) of Delivery shall be specified in

 5                the   Service    Agreement     for   Long-Term      Firm   Point-To-Point

 6                Transmission Service.

 7         1.34   Point(s) of Receipt: Point(s) of interconnection on the Transmission

 8                Provider's Transmission System where capacity and energy will be

 9                made available to the Transmission Provider by the Delivering Party

10                under Part II of the Tariff. The Point(s) of Receipt shall be specified in

11                the   Service    Agreement     for   Long-Term      Firm   Point-To-Point

12                Transmission Service.

13         1.35   Point-To-Point     Transmission      Service:    The    reservation    and

14                transmission of capacity and energy on either a firm or non-firm basis

15                from the Point(s) of Receipt to the Point(s) of Delivery under Part II of

16                the Tariff.

17         1.36   Power Purchaser: The entity that is purchasing the capacity and

18                energy to be transmitted under the Tariff.

19         1.37   Receiving Party: The entity receiving the capacity and energy

20                transmitted by the Transmission Provider to Point(s) of Delivery.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 19

 1         1.38   Regional Transmission Group (RTG): A voluntary organization of

 2                transmission owners, transmission users and other entities approved

 3                by the Commission to efficiently coordinate transmission planning

 4                (and expansion), operation and use on a regional (and interregional)

 5                basis.

 6         1.39   Reserved Capacity: The maximum amount of capacity and energy

 7                that the Transmission Provider agrees to transmit for the Transmission

 8                Customer over the Transmission Provider's Transmission System

 9                between the Point(s) of Receipt and the Point(s) of Delivery under

10                Part II of the Tariff. Reserved Capacity shall be expressed in terms of

11                whole megawatts on a sixty (60) minute interval (commencing on the

12                clock hour) basis.

13         1.40   Service Agreement: The initial agreement and any amendments or

14                supplements thereto entered into by the Transmission Customer and

15                the Transmission Provider for service under the Tariff.

16         1.41   Service Commencement Date: The date the Transmission Provider

17                begins to provide service pursuant to the terms of an executed

18                Service Agreement, or the date the Transmission Provider begins to

19                provide service in accordance with Section 15.3 or Section 29.1 under

20                the Tariff.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 20

 1         1.42   Short-Term Firm Point-To-Point Transmission Service: Firm Point-

 2                To-Point Transmission Service under Part II of the Tariff with a term of

 3                less than one year.

 4         1.43   System Impact Study: An assessment by the Transmission Provider

 5                of (i) the adequacy of the Transmission System to accommodate a

 6                request for either Firm Point-To-Point Transmission Service or

 7                Network Integration Transmission Service and (ii) whether any

 8                additional costs may be incurred in order to provide transmission

 9                service.

10         1.44   Third-Party Sale: Any sale for resale in interstate commerce to a

11                Power Purchaser that is not designated as part of Network Load under

12                the Network Integration Transmission Service.

13         1.45   Transmission Customer: Any Eligible Customer (or its Designated

14                Agent) that (i) executes a Service Agreement, or (ii) requests in writing

15                that the Transmission Provider file with the Commission, a proposed

16                unexecuted Service Agreement to receive transmission service under

17                Part II of the Tariff. This term is used in the Part I Common Service

18                Provisions to include customers receiving transmission service under

19                Part II and Part III of this Tariff.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                      Original Sheet No. 21

 1         1.46   Transmission Provider: The public utility (or its Designated Agent)

 2                that owns, controls, or operates facilities used for the transmission of

 3                electric energy in interstate commerce and provides transmission

 4                service under the Tariff. Florida Power & Light Company ("FPL") is

 5                the Transmission Provider.

 6         1.47   Transmission Provider's Monthly Transmission System Peak:

 7                The    maximum      firm   usage     of    the   Transmission        Provider's

 8                Transmission System in a calendar month.

 9         1.48   Transmission       Service:     Point-To-Point      Transmission       Service

10                provided under Part II of the Tariff on a firm and non-firm basis.

11         1.49   Transmission System: The facilities owned, controlled or operated

12                by the Transmission Provider that are used to provide transmission

13                service under Part II and Part III of the Tariff.

14   2     Initial Allocation and Renewal Procedures

15         2.1    Initial Allocation of Available Transmission Capability:                   For

16                purposes    of   determining     whether     existing   capability    on   the

17                Transmission Provider's Transmission System is adequate to

18                accommodate a request for firm service under this Tariff, all

19                Completed Applications for new firm transmission service received

20                during the initial sixty (60) day period commencing with the effective



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 22

 1                date of the Tariff will be deemed to have been filed simultaneously. A

 2                lottery system conducted by an independent party shall be used to

 3                assign priorities for Completed Applications filed simultaneously. All

 4                Completed Applications for firm transmission service received after

 5                the initial sixty (60) day period shall be assigned a priority pursuant to

 6                Section 13.2.

 7         2.2    Reservation Priority for Existing Firm Service Customers: Existing

 8                firm service customers (wholesale requirements and transmission-

 9                only, with a contract term of one-year or more), have the right to

10                continue to take transmission service from the Transmission Provider

11                when the contract expires, rolls over or is renewed. This transmission

12                reservation priority is independent of whether the existing customer

13                continues to purchase capacity and energy from the Transmission

14                Provider or elects to purchase capacity and energy from another

15                supplier.   If at the end of the contract term, the Transmission

16                Provider's Transmission System cannot accommodate all of the

17                requests for transmission service the existing firm service customer

18                must agree to accept a contract term at least equal to a competing

19                request by any new Eligible Customer and to pay the current just and

20                reasonable rate, as approved by the Commission, for such service.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 23

 1                This transmission reservation priority for existing firm service

 2                customers is an ongoing right that may be exercised at the end of all

 3                firm contract terms of one-year or longer.

 4   3     Ancillary Services

 5         Ancillary Services are needed with transmission service to maintain reliability

 6         within and among the Control Areas affected by the transmission service.

 7         The Transmission Provider is required to provide (or offer to arrange with the

 8         local Control Area operator as discussed below), and the Transmission

 9         Customer is required to purchase, the following Ancillary Services:(i)

10         Scheduling, System Control and Dispatch, and (ii) Reactive Supply and

11         Voltage Control from Generation Sources.

12

13         The Transmission Provider is required to offer to provide (or offer to arrange

14         with the local Control Area operator as discussed below) the following

15         Ancillary Services only to the Transmission Customer serving load within the

16         Transmission Provider's Control Area: (i) Regulation and Frequency

17         Response, (ii) Energy Imbalance, (iii) Operating Reserve - Spinning, and (iv)

18         Operating Reserve - Supplemental.       The Transmission Customer serving

19         load within the Transmission Provider's Control Area is required to acquire

20         these Ancillary Services, whether from the Transmission Provider, from a



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 24

 1         third party, or by self-supply. The Transmission Customer may not decline

 2         the Transmission Provider's offer of Ancillary Services unless it demonstrates

 3         that it has acquired the Ancillary Services from another source.           The

 4         Transmission Customer must list in its Application which Ancillary Services it

 5         will purchase from the Transmission Provider.

 6         If the Transmission Provider is a public utility providing transmission service

 7         but is not a Control Area operator, it may be unable to provide some or all of

 8         the Ancillary Services. In this case, the Transmission Provider can fulfill its

 9         obligation to provide Ancillary Services by acting as the Transmission

10         Customer's agent to secure these Ancillary Services from the Control Area

11         operator.    The Transmission Customer may elect to (i) have the

12         Transmission Provider act as its agent, (ii) secure the Ancillary Services

13         directly from the Control Area operator, or (iii) secure the Ancillary Services

14         (discussed in Schedules 3, 4, 5 and 6) from a third party or by self-supply

15         when technically feasible.

16         The Transmission Provider shall specify the rate treatment and all related

17         terms and conditions in the event of an unauthorized use of Ancillary

18         Services by the Transmission Customer.

19         The specific Ancillary Services, prices and/or compensation methods are

20         described on the Schedules that are attached to and made a part of the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 25

 1         Tariff. Three principal requirements apply to discounts for Ancillary Services

 2         provided by the Transmission Provider in conjunction with its provision of

 3         transmission service as follows: (1) any offer of a discount made by the

 4         Transmission Provider must by announced to all Eligible Customers solely by

 5         posting on the OASIS, (2) any customer-initiated requests for discounts

 6         (including requests for use by one’s wholesale merchant or an affiliate’s use)

 7         must occur solely by posting on the OASIS, and (3) once a discount is

 8         negotiated, details must be immediately posted on the OASIS. A discount

 9         agreed upon for an Ancillary Service must be offered for the same period to

10         all Eligible Customers on the Transmission Provider’s system. Sections 3.1

11         through 3.6 below list the six Ancillary Services.

12         3.1    Scheduling, System Control and Dispatch Service: The rates

13                and/or methodology are described in Schedule 1.

14         3.2    Reactive Supply and Voltage Control from Generation Sources

15                Service: The rates and/or methodology are described in Schedule 2.

16         3.3    Regulation and Frequency Response Service: Where applicable

17                the rates and/or methodology are described in Schedule 3.

18         3.4    Energy Imbalance Service: Where applicable the rates and/or

19                methodology are described in Schedule 4.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 26

 1         3.5    Operating Reserve - Spinning Reserve Service: Where applicable

 2                the rates and/or methodology are described in Schedule 5.

 3         3.6    Operating Reserve - Supplemental Reserve Service: Where

 4                applicable the rates and/or methodology are described in Schedule 6.

 5   4     Open Access Same-Time Information System (OASIS)

 6         Terms and conditions regarding Open Access Same-Time Information

 7         System and standards of conduct are set forth in 18 CFR § 37 of the

 8         Commission's regulations (Open Access Same-Time Information System

 9         and Standards of Conduct for Public Utilities).          In the event available

10         transmission capability as posted on the OASIS is insufficient to

11         accommodate a request for firm transmission service, additional studies may

12         be required as provided by this Tariff pursuant to Sections 19 and 32.

13   5     Local Furnishing Bonds

14         5.1    Transmission Providers that Own Facilities Financed by Local

15                Furnishing Bonds: This provision is applicable only to Transmission

16                Providers that have financed facilities for the local furnishing of electric

17                energy with tax-exempt bonds, as described in Section 142(f) of the

18                Internal Revenue Code ("local furnishing bonds").         Notwithstanding

19                any other provision of this Tariff, the Transmission Provider shall not

20                be required to provide transmission service to any Eligible Customer



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 27

 1                pursuant to this Tariff if the provision of such transmission service

 2                would jeopardize the tax-exempt status of any local furnishing bond(s)

 3                used to finance the Transmission Provider's facilities that would be

 4                used in providing such transmission service.

 5         5.2    Alternative Procedures for Requesting Transmission Service:

 6                (i)    If the Transmission Provider determines that the provision of

 7                       transmission service requested by an Eligible Customer would

 8                       jeopardize the tax-exempt status of any local furnishing bond(s)

 9                       used to finance its facilities that would be used in providing

10                       such transmission service, it shall advise the Eligible Customer

11                       within thirty (30) days of receipt of the Completed Application.

12                (ii)   If the Eligible Customer thereafter renews its request for the

13                       same transmission service referred to in (i) by tendering an

14                       application under Section 211 of the Federal Power Act, the

15                       Transmission Provider, within ten (10) days of receiving a copy

16                       of the Section 211 application, will waive its rights to a request

17                       for service under Section 213(a) of the Federal Power Act and

18                       to the issuance of a proposed order under Section 212(c) of the

19                       Federal Power Act.      The Commission, upon receipt of the

20                       Transmission Provider’s waiver of its rights to a request for



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                     Original Sheet No. 28

 1                       service under Section 213(a) of the Federal Power Act, and to

 2                       the issuance of a proposed order under Section 212(c) of the

 3                       Federal Power Act, shall issue an order under Section 211 of

 4                       the Federal Power Act.          Upon issuance of the order under

 5                       Section 211 of the           Federal Power Act, the Transmission

 6                       Provider    shall   be   required     to   provide   the   requested

 7                       transmission service in accordance with the terms and

 8                       conditions of this Tariff.

 9   6     Reciprocity

10         A Transmission Customer receiving transmission service under this Tariff

11         agrees to provide comparable transmission service that it is capable of

12         providing to the Transmission Provider on similar terms and conditions over

13         facilities used for the transmission of electric energy owned, controlled or

14         operated by the Transmission Customer and over facilities used for the

15         transmission of electric energy owned, controlled or operated by the

16         Transmission Customer's corporate affiliates. A Transmission Customer that

17         is a member of a power pool or Regional Transmission Group also agrees to

18         provide comparable transmission service to the members of such power pool

19         and Regional Transmission Group on similar terms and conditions over

20         facilities used for the transmission of electric energy owned, controlled or



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 29

 1         operated by the Transmission Customer and over facilities used for the

 2         transmission of electric energy owned, controlled or operated by the

 3         Transmission Customer's corporate affiliates.

 4         This reciprocity requirement applies not only to the Transmission Customer

 5         that obtains transmission service under the Tariff, but also to all parties to a

 6         transaction that involves the use of transmission service under the Tariff,

 7         including the power seller, buyer and any intermediary, such as a power

 8         marketer. This reciprocity requirement also applies to any Eligible Customer

 9         that owns, controls or operates transmission facilities that uses an

10         intermediary, such as a power marketer, to request transmission service

11         under the Tariff. If the Transmission Customer does not own, control or

12         operate transmission facilities, it must include in its Application a sworn

13         statement of one of its duly authorized officers or other representatives that

14         the purpose of its Application is not to assist an Eligible Customer to avoid

15         the requirements of this provision.

16   7     Billing and Payment

17         7.1    Billing Procedure: Within a reasonable time after the first day of each

18                month, the Transmission Provider shall submit an invoice to the

19                Transmission Customer for the charges for all services furnished

20                under the Tariff during the preceding month. The invoice shall be paid



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 30

 1                by the Transmission Customer within twenty (20) days of receipt. All

 2                payments shall be made in immediately available funds payable to the

 3                Transmission Provider, or by wire transfer to a bank named by the

 4                Transmission Provider.

 5         7.2    Interest on Unpaid Balances: Interest on any unpaid amounts

 6                (including amounts placed in escrow) shall be calculated in

 7                accordance with the methodology specified for interest on refunds in

 8                the Commission's regulations at 18 C.F.R. § 35.19a(a)(2)(iii). Interest

 9                on delinquent amounts shall be calculated from the due date of the bill

10                to the date of payment. When payments are made by mail, bills shall

11                be considered as having been paid on the date of receipt by the

12                Transmission Provider.

13         7.3    Customer Default: In the event the Transmission Customer fails, for

14                any reason other than a billing dispute as described below, to make

15                payment to the Transmission Provider on or before the due date as

16                described above, and such failure of payment is not corrected within

17                thirty (30) calendar days after the Transmission Provider notifies the

18                Transmission Customer to cure such failure,         a default by the

19                Transmission Customer shall be deemed to exist.             Upon the

20                occurrence of a default, the Transmission Provider may initiate a



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 31

 1                  proceeding with the Commission to terminate service but shall not

 2                  terminate service until the Commission so approves any such request.

 3                  In the event of a billing dispute between the Transmission Provider

 4                  and the Transmission Customer, the Transmission Provider will

 5                  continue to provide service under the Service Agreement as long as

 6                  the Transmission Customer (i) continues to make all payments not in

 7                  dispute, and (ii) pays into an independent escrow account the portion

 8                  of the invoice in dispute, pending resolution of such dispute. If the

 9                  Transmission Customer fails to meet these two requirements for

10                  continuation of service, then the Transmission Provider may provide

11                  notice to the Transmission Customer of its intention to suspend

12                  service in sixty (60) days, in accordance with Commission policy.

13   8 Accounting for the Transmission Provider's Use of the Tariff

14         The Transmission Provider shall record the following amounts, as outlined

15         below.

16         8.1      Transmission Revenues: Include in a separate operating revenue

17                  account or subaccount the revenues it receives from Transmission

18                  Service when making Third-Party Sales under Part II of the Tariff.

19         8.2      Study Costs and Revenues: Include in a separate transmission

20                  operating expense account or subaccount, costs properly chargeable



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 32

 1                to expense that are incurred to perform any System Impact Studies or

 2                Facilities Studies which the Transmission Provider conducts to

 3                determine if it must construct new transmission facilities or upgrades

 4                necessary for its own uses, including making Third-Party Sales under

 5                the Tariff; and include in a separate operating revenue account or

 6                subaccount the revenues received for System Impact Studies or

 7                Facilities Studies performed when such amounts are separately stated

 8                and identified in the Transmission Customer's billing under the Tariff.

 9   9     Regulatory Filings

10         Nothing contained in the Tariff or any Service Agreement shall be construed

11         as affecting in any way the right of the Transmission Provider to unilaterally

12         make application to the Commission for a change in rates, terms and

13         conditions, charges, classification of service, Service Agreement, rule or

14         regulation under Section 205 of the Federal Power Act and pursuant to the

15         Commission's rules and regulations promulgated thereunder.

16         Nothing contained in the Tariff or any Service Agreement shall be construed

17         as affecting in any way the ability of any Party receiving service under the

18         Tariff to exercise its rights under the Federal Power Act and pursuant to the

19         Commission's rules and regulations promulgated thereunder.

20   10    Force Majeure and Indemnification



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 33

 1         10.1   Force Majeure: An event of Force Majeure means any act of God,

 2                labor disturbance, act of the public enemy, war, insurrection, riot, fire,

 3                storm or flood, explosion, breakage or accident to machinery or

 4                equipment, any Curtailment, order, regulation or restriction imposed by

 5                governmental military or lawfully established civilian authorities, or any

 6                other cause beyond a Party’s control. A Force Majeure event does not

 7                include an act of negligence or intentional wrongdoing. Neither the

 8                Transmission Provider nor the Transmission Customer will be

 9                considered in default as to any obligation under this Tariff if prevented

10                from fulfilling the obligation due to an event of Force Majeure.

11                However, a Party whose performance under this Tariff is hindered by

12                an event of Force Majeure shall make all reasonable efforts to perform

13                its obligations under this Tariff.

14         10.2   Indemnification: The Transmission Customer shall at all times

15                indemnify, defend, and save the Transmission Provider harmless

16                from, any and all damages, losses, claims, including claims and

17                actions relating to injury to or death of any person or damage to

18                property, demands, suits, recoveries, costs and expenses, court costs,

19                attorney fees, and all other obligations by or to third parties, arising out

20                of or resulting from the Transmission Provider’s performance of its



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 34

 1                obligations under this Tariff on behalf of the Transmission Customer,

 2                except in cases of negligence or intentional wrongdoing by the

 3                Transmission Provider.

 4   11 Creditworthiness

 5         For the purpose of determining the ability of the Transmission Customer to

 6         meet its obligations related to service hereunder, the Transmission Provider

 7         may require reasonable credit review procedures. This review shall be made

 8         in accordance with standard commercial practices.          In addition, the

 9         Transmission Provider may require the Transmission Customer to provide

10         and maintain in effect during the term of the Service Agreement, an

11         unconditional and irrevocable letter of credit as security to meet its

12         responsibilities and obligations under the Tariff, or an alternative form of

13         security proposed by the Transmission Customer and acceptable to the

14         Transmission Provider and consistent with commercial practices established

15         by the Uniform Commercial Code that protects the Transmission Provider

16         against the risk of non-payment.

17   12 Dispute Resolution Procedures

18         12.1   Internal Dispute Resolution Procedures: Any dispute between a

19                Transmission Customer and the Transmission Provider involving

20                transmission service under the Tariff (excluding applications for rate



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 35

 1                changes or other changes to the Tariff, or to any Service Agreement

 2                entered into under the Tariff, which shall be presented directly to the

 3                Commission for resolution) shall be referred to a designated senior

 4                representative     of   the   Transmission    Provider    and    a   senior

 5                representative of the Transmission Customer for resolution on an

 6                informal basis as promptly as practicable. In the event the designated

 7                representatives are unable to resolve the dispute within thirty (30)

 8                days by mutual agreement, such dispute may be submitted to

 9                arbitration and resolved in accordance with the arbitration procedures

10                set forth below.

11         12.2   External Arbitration Procedures: Any arbitration initiated under the

12                Tariff shall be conducted before a single neutral arbitrator appointed by

13                the Parties. If the Parties fail to agree upon a single arbitrator within

14                ten (10) days of the referral of the dispute to arbitration, each Party

15                shall choose one arbitrator who shall sit on a three-member arbitration

16                panel. The two arbitrators so chosen shall within twenty (20) days

17                select a third arbitrator to chair the arbitration panel. In either case, the

18                arbitrators shall be knowledgeable in electric utility matters, including

19                electric transmission and bulk power issues, and shall not have any

20                current or past substantial business or financial relationships with any



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 36

 1                party to the arbitration (except prior arbitration). The arbitrator(s) shall

 2                provide each of the Parties an opportunity to be heard and, except as

 3                otherwise provided herein, shall generally conduct the arbitration in

 4                accordance with the Commercial Arbitration Rules of the American

 5                Arbitration Association and any applicable Commission regulations or

 6                Regional Transmission Group rules.

 7         12.3   Arbitration Decisions: Unless otherwise agreed, the arbitrator(s)

 8                shall render a decision within ninety (90) days of appointment and

 9                shall notify the Parties in writing of such decision and the reasons

10                therefor. The arbitrator(s) shall be authorized only to interpret and

11                apply the provisions of the Tariff and any Service Agreement entered

12                into under the Tariff and shall have no power to modify or change any

13                of the above in any manner. The decision of the arbitrator(s) shall be

14                final and binding upon the Parties, and judgment on the award may be

15                entered in any court having jurisdiction.          The decision of the

16                arbitrator(s) may be appealed solely on the grounds that the conduct

17                of the arbitrator(s), or the decision itself, violated the standards set

18                forth in the Federal Arbitration Act and/or the Administrative Dispute

19                Resolution Act. The final decision of the arbitrator must also be filed




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                        Original Sheet No. 37

 1                with the Commission if it affects jurisdictional rates, terms and

 2                conditions of service or facilities.

 3         12.4   Costs: Each Party shall be responsible for its own costs incurred

 4                during the arbitration process and for the following costs, if applicable:

 5                (A)     the cost of the arbitrator chosen by the Party to sit on the three

 6                        member panel and one half of the cost of the third arbitrator

 7                        chosen; or

 8                (B)     one half the cost of the single arbitrator jointly chosen by the

 9                        Parties.

10         12.5   Rights under The Federal Power Act: Nothing in this section shall

11                restrict the rights of any party to file a Complaint with the Commission

12                under     relevant    provisions       of     the   Federal   Power     Act.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                                 Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 38

 1   PART II.     POINT-TO-POINT TRANSMISSION SERVICE

 2   Preamble

 3         The Transmission Provider will provide Firm and Non-Firm Point-To-Point

 4         Transmission Service pursuant to the applicable terms and conditions of this

 5         Tariff. Point-To-Point Transmission Service is for the receipt of capacity and

 6         energy at designated Point(s) of Receipt and the transmission of such

 7         capacity and energy to designated Point(s) of Delivery.

 8   13 Nature of Firm Point-To-Point Transmission Service

 9         13.1   Term: The minimum term of Firm Point-To-Point Transmission

10                Service shall be one day and the maximum term shall be specified in

11                the Service Agreement.

12         13.2   Reservation Priority: Long-Term Firm Point-To-Point Transmission

13                Service shall be available on a first-come, first-served basis i.e., in the

14                chronological sequence in which each Transmission Customer has

15                reserved service. Reservations for Short-Term Firm Point-To-Point

16                Transmission Service will be conditional based upon the length of the

17                requested transaction.       If the Transmission System becomes

18                oversubscribed, requests for longer term service may preempt

19                requests for shorter term service up to the following deadlines; one

20                day before the commencement of daily service, one week before the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 39

 1                commencement of weekly service, and one month before the

 2                commencement of monthly service. Before the conditional reservation

 3                deadline, if available transmission capability is insufficient to satisfy all

 4                Applications, an Eligible Customer with a reservation for shorter term

 5                service has the right of first refusal to match any longer term

 6                reservation before losing its reservation priority.         A longer term

 7                competing request for Short-Term Firm Point-To-Point Transmission

 8                Service will be granted if the eligible Customer with the right of first

 9                refusal does not agree to match the competing request within 24

10                hours (or earlier if necessary to comply with the scheduling deadlines

11                provided in section 13.8) from being notified by the Transmission

12                Provider of a longer-term competing request for Short-Term Firm

13                Point-To-Point Transmission Service. After the conditional reservation

14                deadline, service will commence pursuant to the terms of Part II of the

15                Tariff. Firm Point-To-Point Transmission Service will always have a

16                reservation priority over Non-Firm Point-To-Point Transmission

17                Service under the Tariff.          All Long-Term Firm Point-To-Point

18                Transmission Service will have equal reservation priority with Native

19                Load Customers and Network Customers. Reservation priorities for

20                existing firm service customers are provided in Section 2.2.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 40

 1         13.3   Use of Firm Transmission Service by the Transmission Provider:

 2                The Transmission Provider will be subject to the rates, terms and

 3                conditions of Part II of the Tariff when making Third-Party Sales under

 4                (i) agreements executed on or after July 9, 1996 or (ii) agreements

 5                executed prior to the aforementioned date that the Commission

 6                requires to be unbundled, by the date specified by the Commission.

 7                The Transmission Provider will maintain separate accounting,

 8                pursuant to Section 8, for any use of the Point-To-Point Transmission

 9                Service to make Third-Party Sales.

10         13.4   Service Agreements: The Transmission Provider shall offer a

11                standard form Firm Point-To-Point Transmission Service Agreement

12                (Attachment A) to an Eligible Customer when it submits a Completed

13                Application for Long-Term Firm Point-To-Point Transmission Service.

14                The Transmission Provider shall offer a standard form Firm Point-To-

15                Point Transmission Service Agreement (Attachment A) to an Eligible

16                Customer when it first submits a Completed Application for Short-

17                Term Firm Point-To-Point Transmission Service pursuant to the Tariff.

18                Executed Service Agreements that contain the information required

19                under the Tariff shall be filed with the Commission in compliance with

20                applicable Commission regulations.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 41

 1         13.5   Transmission Customer Obligations for Facility Additions or

 2                Redispatch Costs: In cases where the Transmission Provider

 3                determines that the Transmission System is not capable of providing

 4                Firm Point-To-Point Transmission Service without (1) degrading or

 5                impairing the reliability of service to Native Load Customers, Network

 6                Customers and other Transmission Customers taking Firm Point-To-

 7                Point Transmission Service, or (2) interfering with the Transmission

 8                Provider's ability to meet prior firm contractual commitments to others,

 9                the Transmission Provider will be obligated to expand or upgrade its

10                Transmission System pursuant to the terms of Section 15.4.         The

11                Transmission Customer must agree to compensate the Transmission

12                Provider for any necessary transmission facility additions pursuant to

13                the terms of Section 27. To the extent the Transmission Provider can

14                relieve any system constraint more economically by redispatching the

15                Transmission Provider's resources than through constructing Network

16                Upgrades, it shall do so, provided that the Eligible Customer agrees to

17                compensate the Transmission Provider pursuant to the terms of

18                Section 27. Any redispatch, Network Upgrade or Direct Assignment

19                Facilities costs to be charged to the Transmission Customer on an




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                     Original Sheet No. 42

 1                incremental basis under the Tariff will be specified in the Service

 2                Agreement prior to initiating service.

 3         13.6   Curtailment of Firm Transmission Service: In the event that a

 4                Curtailment on the Transmission Provider's Transmission System, or

 5                a portion thereof, is required to maintain reliable operation of such

 6                system, Curtailments will be made on a non-discriminatory basis to

 7                the transaction(s) that effectively relieve the constraint.    If multiple

 8                transactions require Curtailment, to the extent practicable and

 9                consistent with Good Utility Practice, the Transmission Provider will

10                curtail service to Network Customers and Transmission Customers

11                taking Firm Point-To-Point Transmission Service on a basis

12                comparable to the curtailment of service to the Transmission

13                Provider’s Native Load Customers. All Curtailments will be made on a

14                non-discriminatory    basis,    however,      Non-Firm    Point-To-Point

15                Transmission Service shall be subordinate to Firm Transmission

16                Service.    When the Transmission Provider determines that an

17                electrical emergency exists on its Transmission System and

18                implements emergency procedures to Curtail Firm Transmission

19                Service, the Transmission Customer shall make the required

20                reductions upon request of the Transmission Provider. However, the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 43

 1                Transmission Provider reserves the right to Curtail, in whole or in part,

 2                any Firm Transmission Service provided under the Tariff when, in the

 3                Transmission Provider's sole discretion, an emergency or other

 4                unforeseen condition impairs or degrades the reliability of its

 5                Transmission System.       The Transmission Provider will notify all

 6                affected Transmission Customers in a timely manner of any scheduled

 7                Curtailments.

 8         13.7   Classification of Firm Transmission Service:

 9                (a)    The     Transmission   Customer    taking   Firm   Point-To-Point

10                       Transmission Service may (1) change its Receipt and Delivery

11                       Points to obtain service on a non-firm basis consistent with the

12                       terms of Section 22.1 or (2) request a modification of the Points

13                       of Receipt or Delivery on a firm basis pursuant to the terms of

14                       Section 22.2.

15                (b)    The Transmission Customer may purchase transmission

16                       service to make sales of capacity and energy from multiple

17                       generating units that are on the Transmission Provider's

18                       Transmission System. For such a purchase of transmission

19                       service, the resources will be designated as multiple Points of

20                       Receipt, unless the multiple generating units are at the same



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 44

 1                      generating plant in which case the units would be treated as a

 2                      single Point of Receipt.

 3                (c)   The Transmission Provider shall provide firm deliveries of

 4                      capacity and energy from the Point(s) of Receipt to the Point(s)

 5                      of Delivery. Each Point of Receipt at which firm transmission

 6                      capacity is reserved by the Transmission Customer shall be set

 7                      forth in the Firm Point-To-Point Service Agreement for Long-

 8                      Term Firm Transmission Service along with a corresponding

 9                      capacity reservation associated with each Point of Receipt.

10                      Points of Receipt and corresponding capacity reservations shall

11                      be as mutually agreed upon by the Parties for Short-Term Firm

12                      Transmission.      Each Point of      Delivery at    which firm

13                      transmission capacity is reserved by the Transmission

14                      Customer shall be set forth in the Firm Point-To-Point Service

15                      Agreement for Long-Term Firm Transmission Service along

16                      with a corresponding capacity reservation associated with each

17                      Point of Delivery.     Points of Delivery and corresponding

18                      capacity reservations shall be as mutually agreed upon by the

19                      Parties for Short-Term Firm Transmission.        The greater of

20                      either (1) the sum of the capacity reservations at the Point(s) of



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 45

 1                      Receipt, or (2) the sum of the capacity reservations at the

 2                      Point(s) of Delivery shall be the Transmission Customer's

 3                      Reserved Capacity. The Transmission Customer will be billed

 4                      for its Reserved Capacity under the terms of Schedule 7. The

 5                      Transmission Customer may not exceed its firm capacity

 6                      reserved at each Point of Receipt and each Point of Delivery

 7                      except as otherwise specified in Section 22. The Transmission

 8                      Provider shall specify the rate treatment and all related terms

 9                      and conditions applicable in the event that a Transmission

10                      Customer (including Third-Party Sales by the Transmission

11                      Provider) exceeds its firm reserved capacity at any Point of

12                      Receipt or Point of Delivery.

13         13.8   Scheduling     of   Firm   Point-To-Point   Transmission     Service:

14                Schedules for the Transmission Customer's Firm Point-To-Point

15                Transmission Service must be submitted to the Transmission Provider

16                no later than 10:00 a.m. of the day prior to commencement of such

17                service. Schedules submitted after 10:00 a.m. will be accommodated,

18                if practicable. Hour-to-hour schedules of any capacity and energy that

19                is to be delivered must be stated in increments of 1,000 kW per hour.

20                Transmission Customers within the Transmission Provider's service



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 46

 1                area with multiple requests for Transmission Service at a Point of

 2                Receipt, each of which is under 1,000 kW per hour, may consolidate

 3                their service requests at a common point of receipt into units of 1,000

 4                kW per hour for scheduling and billing purposes. Scheduling changes

 5                will be permitted up to twenty (20) minutes, before the start of the next

 6                clock hour provided that the Delivering Party and Receiving Party also

 7                agree to the schedule modification. The Transmission Provider will

 8                furnish to the Delivering Party's system operator, hour-to-hour

 9                schedules equal to those furnished by the Receiving Party (unless

10                reduced for losses) and shall deliver the capacity and energy provided

11                by such schedules. Should the Transmission Customer, Delivering

12                Party or Receiving Party revise or terminate any schedule, such party

13                shall immediately notify the       Transmission    Provider, and     the

14                Transmission Provider shall have the right to adjust accordingly the

15                schedule for capacity and energy to be received and to be delivered.

16   14 Nature of Non-Firm Point-To-Point Transmission Service

17         14.1   Term: Non-Firm Point-To-Point Transmission Service will be available

18                for periods ranging from one (1) hour to one (1) month. However, a

19                Purchaser of Non-Firm Point-To-Point Transmission Service will be

20                entitled to reserve a sequential term of service (such as a sequential



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 47

 1                monthly term without having to wait for the initial term to expire before

 2                requesting another monthly term) so that the total time period for

 3                which the reservation applies is greater than one month, subject to the

 4                requirements of Section 18.3.

 5         14.2   Reservation Priority: Non-Firm Point-To-Point Transmission Service

 6                shall be available from transmission capability in excess of that

 7                needed for reliable service to Native Load Customers, Network

 8                Customers and other Transmission Customers taking Long-Term and

 9                Short-Term Firm Point-To-Point Transmission Service.               A higher

10                priority will be assigned to reservations with a longer duration of

11                service.   In the event the Transmission System is constrained,

12                competing requests of equal duration will be prioritized based on the

13                highest price offered by the Eligible Customer for the Transmission

14                Service. Eligible Customers that have already reserved shorter term

15                service have the right of first refusal to match any longer term

16                reservation before being preempted. A longer term competing request

17                for Non-Firm Point-To-Point Transmission Service will be granted if

18                the Eligible Customer with the right of first refusal does not agree to

19                match the competing request: (a) immediately for hourly Non-Firm

20                Point-To-Point   Transmission    Service    after   notification    by   the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 48

 1                Transmission Provider; and, (b) within 24 hours (or earlier if necessary

 2                to comply with the scheduling deadlines provided in section 14.6) for

 3                Non-Firm Point-To Point Transmission Service other than hourly

 4                transactions   after   notification   by    the   Transmission   Provider.

 5                Transmission service for Network Customers from resources other

 6                than designated Network Resources will have a higher priority than

 7                any Non-Firm Point-To-Point Transmission Service. Non-Firm Point-

 8                To-Point Transmission Service over secondary Point(s) of Receipt and

 9                Point(s) of Delivery will have the lowest reservation priority under the

10                Tariff.

11         14.3   Use of Non-Firm Point-To-Point Transmission Service by the

12                Transmission Provider: The Transmission Provider will be subject to

13                the rates, terms and conditions of Part II of the Tariff when making

14                Third-Party Sales under (i) agreements executed on or after July 9,

15                1996 or (ii) agreements executed prior to the aforementioned date that

16                the Commission requires to be unbundled, by the date specified by

17                the Commission. The Transmission Provider will maintain separate

18                accounting, pursuant to Section 8, for any use of Non-Firm Point-To-

19                Point Transmission Service to make Third-Party Sales.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 49

 1         14.4   Service Agreements: The Transmission Provider shall offer a

 2                standard   form    Non-Firm    Point-To-Point      Transmission    Service

 3                Agreement (Attachment B) to an Eligible Customer when it first

 4                submits a Completed Application for Non-Firm Point-To-Point

 5                Transmission Service pursuant to the Tariff.              Executed Service

 6                Agreements that contain the information required under the Tariff shall

 7                be filed with the Commission in compliance with applicable

 8                Commission regulations.

 9         14.5   Classification of Non-Firm Point-To-Point Transmission Service:

10                Non-Firm Point-To-Point Transmission Service shall be offered under

11                terms and conditions contained in Part II of the Tariff.                The

12                Transmission Provider undertakes no obligation under the Tariff to

13                plan its Transmission System in order to have sufficient capacity for

14                Non-Firm Point-To-Point Transmission Service.          Parties requesting

15                Non-Firm Point-To-Point Transmission Service for the transmission of

16                firm power do so with the full realization that such service is subject to

17                availability and to Curtailment or Interruption under the terms of the

18                Tariff. The Transmission Provider shall specify the rate treatment and

19                all related terms and conditions applicable in the event that a

20                Transmission      Customer    (including    Third-Party    Sales   by   the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 50

 1                Transmission Provider) exceeds its non-firm capacity reservation.

 2                Non-Firm    Point-To-Point    Transmission    Service    shall   include

 3                transmission of energy on an hourly basis and transmission of

 4                scheduled short-term capacity and energy on a daily, weekly or

 5                monthly basis, but not to exceed one month's reservation for any one

 6                Application, under Schedule 8.

 7         14.6   Scheduling of Non-Firm Point-To-Point Transmission Service:

 8                Schedules for Non-Firm Point-To-Point Transmission Service must be

 9                submitted to the Transmission Provider no later than 2:00 p.m. of the

10                day prior to commencement of such service. Schedules submitted

11                after 2:00 p.m. will be accommodated, if practicable. Hour-to-hour

12                schedules of energy that is to be delivered must be stated in

13                increments of 1,000 kW per hour. Transmission Customers within the

14                Transmission Provider's service area with multiple requests for

15                Transmission Service at a Point of Receipt, each of which is under

16                1,000 kW per hour, may consolidate their schedules at a common

17                Point of Receipt into units of 1,000 kW per hour. Scheduling changes

18                will be permitted up to twenty (20) minutes before the start of the next

19                clock hour provided that the Delivering Party and Receiving Party also

20                agree to the schedule modification. The Transmission Provider will



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 51

 1                furnish to the Delivering Party's system operator, hour-to-hour

 2                schedules equal to those furnished by the Receiving Party (unless

 3                reduced for losses) and shall deliver the capacity and energy provided

 4                by such schedules. Should the Transmission Customer, Delivering

 5                Party or Receiving Party revise or terminate any schedule, such party

 6                shall immediately notify the      Transmission   Provider, and    the

 7                Transmission Provider shall have the right to adjust accordingly the

 8                schedule for capacity and energy to be received and to be delivered.

 9         14.7   Curtailment or Interruption of Service: The Transmission Provider

10                reserves the right to Curtail, in whole or in part, Non-Firm Point-To-

11                Point Transmission Service provided under the Tariff for reliability

12                reasons when, an emergency or other unforeseen condition threatens

13                to impair or degrade the reliability of its Transmission System. The

14                Transmission Provider reserves the right to Interrupt, in whole or in

15                part, Non-Firm Point-To-Point Transmission Service provided under

16                the Tariff for economic reasons in order to accommodate (1) a request

17                for Firm Transmission Service, (2) a request for Non-Firm Point-To-

18                Point Transmission Service of greater duration, (3) a request for Non-

19                Firm Point-To-Point Transmission Service of equal duration with a

20                higher price, or (4) transmission service for Network Customers from



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 52

 1                non-designated resources.       The Transmission Provider also will

 2                discontinue or reduce service to the Transmission Customer to the

 3                extent that deliveries for transmission are discontinued or reduced at

 4                the Point(s) of Receipt. Where required, Curtailments or Interruptions

 5                will be made on a non-discriminatory basis to the transaction(s) that

 6                effectively relieve the constraint, however, Non-Firm Point-To-Point

 7                Transmission Service shall be subordinate to Firm Transmission

 8                Service. If multiple transactions require Curtailment or Interruption, to

 9                the extent practicable and consistent with Good Utility Practice,

10                Curtailments or Interruptions will be made to transactions of the

11                shortest term (e.g., hourly non-firm transactions will be Curtailed or

12                Interrupted before daily non-firm transactions and daily non-firm

13                transactions will be Curtailed or Interrupted before weekly non-firm

14                transactions).   Transmission service for Network Customers from

15                resources other than designated Network Resources will have a

16                higher priority than any Non-Firm Point-To-Point Transmission Service

17                under the Tariff. Non-Firm Point-To-Point Transmission Service over

18                secondary Point(s) of Receipt and Point(s) of Delivery will have a

19                lower priority than any Non-Firm Point-To-Point Transmission Service

20                under the Tariff.   The Transmission Provider will provide advance



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 53

 1                notice of Curtailment or Interruption where such notice can be

 2                provided consistent with Good Utility Practice.

 3   15 Service Availability

 4         15.1   General Conditions: The Transmission Provider will provide Firm

 5                and Non-Firm Point-To-Point Transmission Service over, on or across

 6                its Transmission System to any Transmission Customer that has met

 7                the requirements of Section 16.

 8         15.2   Determination of Available Transmission Capability:                    A

 9                description of the Transmission Provider's specific methodology for

10                assessing      available   transmission    capability   posted   on   the

11                Transmission Provider's OASIS (Section 4) is contained in Attachment

12                C of the Tariff. In the event sufficient transmission capability may not

13                exist to accommodate a service request, the Transmission Provider

14                will respond by performing a System Impact Study.

15         15.3   Initiating Service in the Absence of an Executed Service

16                Agreement: If the Transmission Provider and the Transmission

17                Customer requesting Firm or Non-Firm Point-To-Point Transmission

18                Service cannot agree on all the terms and conditions of the Point-To-

19                Point Service Agreement, the Transmission Provider shall file with the

20                Commission, within thirty (30) days after the date the Transmission



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 54

 1                Customer provides written notification directing the Transmission

 2                Provider to file, an unexecuted Point-To-Point Service Agreement

 3                containing terms and     conditions deemed      appropriate by the

 4                Transmission Provider for such requested Transmission Service. The

 5                Transmission Provider shall commence providing Transmission

 6                Service subject to the Transmission Customer agreeing to (i)

 7                compensate the Transmission Provider at whatever rate the

 8                Commission ultimately determines to be just and reasonable, and (ii)

 9                comply with the terms and conditions of the Tariff including posting

10                appropriate security deposits in accordance with the terms of Section

11                17.3.

12         15.4   Obligation to Provide Transmission Service that Requires

13                Expansion or Modification of the Transmission System: If the

14                Transmission Provider determines that it cannot accommodate a

15                Completed Application for Firm Point-To-Point Transmission Service

16                because of insufficient capability on its Transmission System, the

17                Transmission Provider will use due diligence to expand or modify its

18                Transmission System to provide the requested Firm Transmission

19                Service, provided the Transmission Customer agrees to compensate

20                the Transmission Provider for such costs pursuant to the terms of



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 55

 1                Section 27. The Transmission Provider will conform to Good Utility

 2                Practice in determining the need for new facilities and in the design

 3                and construction of such facilities. The obligation applies only to those

 4                facilities that the Transmission Provider has the right to expand or

 5                modify.

 6         15.5   Deferral of Service: The Transmission Provider may defer providing

 7                service until it completes construction of new transmission facilities or

 8                upgrades needed to provide Firm Point-To-Point Transmission

 9                Service whenever the Transmission Provider             determines that

10                providing the requested service would, without such new facilities or

11                upgrades, impair or degrade reliability to any existing firm services.

12         15.6   Other     Transmission    Service    Schedules:     Eligible   Customers

13                receiving transmission service under other agreements on file with the

14                Commission may continue to receive transmission service under

15                those agreements until such time as those agreements may be

16                modified by the Commission.

17         15.7   Real Power Losses: Real Power Losses are associated with all

18                transmission service. The Transmission Provider is not obligated to

19                provide Real Power Losses.           The Transmission Customer is

20                responsible for replacing losses associated with all transmission



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 56

 1                service as calculated by the Transmission Provider. For Firm Point-to-

 2                Point Transmission Service, Non-firm Point-to-Point Transmission

 3                Service, and non-firm uses in accordance with Section 22.1, FPL's

 4                average Transmission System losses (excluding generator step-up

 5                losses) shall be used.    Such average losses shall be set out in

 6                Schedule 9.

 7   16 Transmission Customer Responsibilities

 8         16.1   Conditions Required of Transmission Customers: Point-To-Point

 9                Transmission Service shall be provided by the Transmission Provider

10                only if the following conditions are satisfied by the Transmission

11                Customer:

12                a.    The Transmission Customer has pending a Completed

13                      Application for service;

14                b.    The Transmission Customer meets the creditworthiness criteria

15                      set forth in Section 11;

16                c.    The Transmission Customer will have arrangements in place

17                      for any other transmission service necessary to effect the

18                      delivery from the generating source to the Transmission

19                      Provider prior to the time service under Part II of the Tariff

20                      commences;



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 57

 1                d.    The Transmission Customer agrees to pay for any facilities

 2                      constructed and chargeable to such Transmission Customer

 3                      under Part II of the Tariff, whether or not the Transmission

 4                      Customer takes service for the full term of its reservation; and

 5                e.    The Transmission Customer has executed a Point-To-Point

 6                      Service Agreement or has agreed to receive service pursuant

 7                      to Section 15.3.

 8         16.2   Transmission       Customer     Responsibility      for    Third-Party

 9                Arrangements: Any scheduling arrangements that may be required

10                by other electric systems shall be the responsibility of the

11                Transmission Customer requesting service.           The Transmission

12                Customer shall provide, unless waived by the Transmission Provider,

13                notification to the Transmission Provider identifying such systems and

14                authorizing them to schedule the capacity and energy to be

15                transmitted by the Transmission Provider pursuant to Part II of the

16                Tariff on behalf of the Receiving Party at the Point of Delivery or the

17                Delivering Party at the Point of Receipt. However, the Transmission

18                Provider will undertake reasonable efforts to assist the Transmission

19                Customer in making such arrangements, including without limitation,




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 58

 1                providing any information or data required by such other electric

 2                system pursuant to Good Utility Practice.

 3   17 Procedures for Arranging Firm Point-To-Point Transmission Service

 4         17.1   Application: A request for Firm Point-To-Point Transmission Service

 5                for periods of one year or longer must contain a written Application to:

 6

 7                      Manager, Transmission Services Department

 8                      Florida Power & Light Company

 9                      P.O. Box 029100

10                      Miami, Florida, 33102-9100

11                at least sixty (60) days in advance of the calendar month in which

12                service is to commence.     The Transmission Provider will consider

13                requests for such firm service on shorter notice when feasible.

14                Requests for firm service for periods of less than one year shall be

15                subject to expedited procedures that shall be negotiated between the

16                Parties within the time constraints provided in Section 17.5. All Firm

17                Point-To-Point Transmission Service requests should be submitted by

18                entering the information listed below on the Transmission Provider's

19                OASIS.    Prior to implementation of the Transmission Provider's

20                OASIS, a Completed Application may be submitted by (i) transmitting



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 59

 1                the required information to the Transmission Provider by telefax, or (ii)

 2                providing the information by telephone over the Transmission

 3                Provider's time recorded telephone line. Each of these methods will

 4                provide a time-stamped record for establishing the priority of the

 5                Application.

 6         17.2   Completed Application: A Completed Application shall provide all of

 7                the information included in 18 CFR § 2.20 including but not limited to

 8                the following:

 9                (i)              The identity, address, telephone number and facsimile
10                                 number of the entity requesting service;
11
12                (ii)             A statement that the entity requesting service is, or will
13                                 be upon commencement of service, an Eligible
14                                 Customer under the Tariff;
15
16                (iii)            The location of the Point(s) of Receipt and Point(s) of
17                                 Delivery and the identities of the Delivering Parties and
18                                 the Receiving Parties;
19
20                (iv)    The location of the generating facility(ies) supplying the
21                             capacity and energy and the location of the load
22                             ultimately served by the capacity and energy
23                             transmitted. The Transmission Provider will treat this
24                              information as confidential except to the extent that
25                             disclosure of this information is required by this Tariff, by
26                             regulatory or judicial order, for reliability purposes
27                             pursuant to Good Utility Practice or pursuant to RTG
28                             transmission information sharing agreements.             The
29                             Transmission Provider shall treat this information
30                             consistent with the standards of conduct contained in
31                             Part 37 of the Commission's regulations;
32


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 60

 1                (v)             A description of the supply characteristics of the capacity
 2                                and energy to be delivered;
 3
 4                (vi)            An estimate of the capacity and energy expected to be
 5                                delivered to the Receiving Party;
 6
 7                (vii)           The Service Commencement Date and the term of the
 8                                requested Transmission Service; and
 9
10                (viii)          The transmission capacity requested for each Point of
11                                Receipt and each Point of Delivery on the Transmission
12                                Provider's Transmission System; customers may
13                                combine their requests for service in order to satisfy the
14                                minimum transmission capacity requirement.

15         The Transmission Provider shall treat this information consistent with the

16   standards of conduct contained in Part 37 of the Commission's regulations.

17         17.3   Deposit:    A     Completed     Application   for   Firm    Point-To-Point

18                Transmission Service also shall include a deposit of either one

19                month's charge for Reserved Capacity or the full charge for Reserved

20                Capacity for service requests of less than one month.               If the

21                Application is rejected by the Transmission Provider because it does

22                not meet the conditions for service as set forth herein, or in the case of

23                requests for service arising in connection with losing bidders in a

24                Request For Proposals (RFP), said deposit shall be returned with

25                interest less any reasonable costs incurred by the Transmission

26                Provider in connection with the review of the losing bidder's

27                Application. The deposit also will be returned with interest less any


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 61

 1                reasonable costs incurred by the Transmission Provider if the

 2                Transmission Provider is unable to complete new facilities needed to

 3                provide the service.   If an Application is withdrawn or the Eligible

 4                Customer decides not to enter into a Service Agreement for Firm

 5                Point-To-Point Transmission Service, the deposit shall be refunded in

 6                full, with interest, less reasonable costs incurred by the Transmission

 7                Provider to the extent such costs have not already been recovered by

 8                the Transmission Provider from the Eligible Customer.              The

 9                Transmission Provider will provide to the Eligible Customer a

10                complete accounting of all costs deducted from the refunded deposit,

11                which the Eligible Customer may contest if there is a dispute

12                concerning the deducted costs. Deposits associated with construction

13                of new facilities are subject to the provisions of Section 19.     If a

14                Service Agreement for Firm Point-To-Point Transmission Service is

15                executed, the deposit, with interest, will be returned to the

16                Transmission Customer upon expiration or termination of the Service

17                Agreement for Firm Point-To-Point Transmission Service. Applicable

18                interest shall be computed in accordance with the Commission's

19                regulations at 18 CFR § 35.19a(a)(2)(iii), and shall be calculated from




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 62

 1                the day the deposit check is credited to the Transmission Provider's

 2                account.

 3         17.4   Notice of Deficient Application: If an Application fails to meet the

 4                requirements of the Tariff, the Transmission Provider shall notify the

 5                entity requesting service within fifteen (15) days of receipt of the

 6                reasons for such failure. The Transmission Provider will attempt to

 7                remedy minor deficiencies in the Application through informal

 8                communications with the Eligible Customer.         If such efforts are

 9                unsuccessful, the Transmission Provider shall return the Application,

10                along with any deposit, with interest. Upon receipt of a new or revised

11                Application that fully complies with the requirements of Part II of the

12                Tariff, the Eligible Customer shall be assigned a new priority

13                consistent with the date of the new or revised Application.

14         17.5   Response to a Completed Application: Following receipt of a

15                Completed Application for Firm Point-To-Point Transmission Service,

16                the Transmission Provider shall make a determination of available

17                transmission capability as required in Section 15.2. The Transmission

18                Provider shall notify the Eligible Customer as soon as practicable, but

19                not later than thirty (30) days after the date of receipt of a Completed

20                Application either (i) if it will be able to provide service without



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 63

 1                performing a System Impact Study or (ii) if such a study is needed to

 2                evaluate the impact of the Application pursuant to Section 19.1.

 3                Responses by the Transmission Provider must be made as soon as

 4                practicable to all completed applications (including applications by its

 5                own merchant function) and the timing of such responses must be

 6                made on a non-discriminatory basis.

 7         17.6   Execution of Service Agreement: Whenever the Transmission

 8                Provider determines that a System Impact Study is not required and

 9                that the service can be provided, it shall notify the Eligible Customer

10                as soon as practicable but no later than thirty (30) days after receipt of

11                the Completed Application.        Where a System Impact Study is

12                required, the provisions of Section 19 will govern the execution of a

13                Service Agreement. Failure of an Eligible Customer to execute and

14                return the Service Agreement or request the filing of an unexecuted

15                service agreement pursuant to Section 15.3, within fifteen (15) days

16                after it is tendered by the Transmission Provider will be deemed a

17                withdrawal and termination of the Application and any deposit

18                submitted shall be refunded with interest. Nothing herein limits the

19                right of an Eligible Customer to file another Application after such

20                withdrawal and termination.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 64

 1         17.7   Extensions for Commencement of Service: The Transmission

 2                Customer can obtain up to five (5) one-year extensions for the

 3                commencement of service.           The Transmission Customer may

 4                postpone service by paying a non-refundable annual reservation fee

 5                equal to one-month's charge for Firm Transmission Service for each

 6                year or fraction thereof.         If during any extension for the

 7                commencement of service an Eligible Customer submits a Completed

 8                Application for Firm Transmission Service, and such request can be

 9                satisfied only by releasing all or part of the Transmission Customer's

10                Reserved Capacity, the original Reserved Capacity will be released

11                unless the following condition is satisfied. Within thirty (30) days, the

12                original Transmission Customer agrees to pay the Firm Point-To-Point

13                transmission rate for its Reserved Capacity concurrent with the new

14                Service Commencement Date.            In the event the Transmission

15                Customer elects to release the Reserved Capacity, the reservation

16                fees or portions thereof previously paid will be forfeited.

17   18    Procedures for Arranging Non-Firm Point-To-Point Transmission

18         Service

19         18.1   Application: Eligible Customers seeking Non-Firm Point-To-Point

20                Transmission Service must submit a Completed Application to the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 65

 1                Transmission Provider. Applications should be submitted by entering

 2                the information listed below on the Transmission Provider's OASIS.

 3                Prior to implementation of the Transmission Provider's OASIS, a

 4                Completed Application may be submitted by (i) transmitting the

 5                required information to the Transmission Provider by telefax, or (ii)

 6                providing the information by telephone over the Transmission

 7                Provider's time recorded telephone line. Each of these methods will

 8                provide a time-stamped record for establishing the service priority of

 9                the Application.

10         18.2    Completed Application: A Completed Application shall provide all

11                of the information included in 18 CFR § 2.20 including but not limited

12                to the following:

13                (i)            The identity, address, telephone number and facsimile
14                               number of the entity requesting service;
15
16                (ii)           A statement that the entity requesting service is, or will
17                               be upon commencement of service, an Eligible
18                               Customer under the Tariff;
19
20                (iii)          The Point(s) of Receipt and the Point(s) of Delivery;
21
22                (iv)           The maximum amount of capacity requested at each
23                               Point of Receipt and Point of Delivery; and
24
25                (v)            The proposed dates and hours for initiating and
26                               terminating transmission service hereunder.
27



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 66

 1                In addition to the information specified above, when required to

 2                properly evaluate system conditions, the Transmission Provider also

 3                may ask the Transmission Customer to provide the following:

 4                (vi)           The electrical location of the initial source of the power to
 5                               be transmitted pursuant to the Transmission Customer's
 6                               request for service; and
 7
 8                (vii)   The electrical location of the ultimate load.
 9
10                The Transmission Provider will treat this information in (vi) and (vii) as

11                confidential at the request of the Transmission Customer except to the

12                extent that disclosure of this information is required by this Tariff, by

13                regulatory or judicial order, for reliability purposes pursuant to Good

14                Utility Practice, or pursuant to RTG transmission information sharing

15                agreements. The Transmission Provider shall treat this information

16                consistent with the standards of conduct contained in Part 37 of the

17                Commission's regulations.

18         18.3   Reservation of Non-Firm Point-To-Point Transmission Service:

19                Requests for monthly service shall be submitted no earlier than sixty

20                (60) days before service is to commence; requests for weekly service

21                shall be submitted no earlier than fourteen (14) days before service is

22                to commence, requests for daily service shall be submitted no earlier

23                than two (2) days before service is to commence, and requests for



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 67

 1                hourly service shall be submitted no earlier than noon the day before

 2                service is to commence. Requests for service received later than 2:00

 3                p.m. prior to the day service is scheduled to commence will be

 4                accommodated if practicable.

 5         18.4   Determination of Available Transmission Capability: Following

 6                receipt of a tendered schedule the Transmission Provider will make a

 7                determination on a non-discriminatory basis of available transmission

 8                capability pursuant to Section 15.2.       Such determination shall be

 9                made as soon as reasonably practicable after receipt, but not later

10                than the following time periods for the following terms of service (i)

11                thirty (30) minutes for hourly service, (ii) thirty (30) minutes for daily

12                service, (iii) four (4) hours for weekly service, and (iv) two (2) days for

13                monthly service.

14   19 Additional Study Procedures for Firm Point-To-Point Transmission Service

15         Requests

16         19.1   Notice of Need for System Impact Study: After receiving a request

17                for service, the Transmission Provider shall determine on a non-

18                discriminatory basis whether a System Impact Study is needed. A

19                description of the Transmission Provider's methodology for completing

20                a System Impact Study is provided in Attachment D.                  If the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 68

 1                Transmission Provider determines that a System Impact Study is

 2                necessary to accommodate the requested service, it shall so inform

 3                the Eligible Customer, as soon as practicable. In such cases, the

 4                Transmission Provider shall within thirty (30) days of receipt of a

 5                Completed Application, tender a System Impact Study Agreement

 6                pursuant to which the Eligible Customer shall agree to reimburse the

 7                Transmission Provider for performing the required System Impact

 8                Study. For a service request to remain a Completed Application, the

 9                Eligible Customer shall execute the System Impact Study Agreement

10                and return it to the Transmission Provider within fifteen (15) days. If

11                the Eligible Customer elects not to execute the System Impact Study

12                Agreement, its application shall be deemed withdrawn and its deposit,

13                pursuant to Section 17.3, shall be returned with interest.

14         19.2   System Impact Study Agreement and Cost Reimbursement:

15                (i)   The System Impact Study Agreement will clearly specify the

16                      Transmission Provider's estimate of the actual cost, and time

17                      for completion of the System Impact Study. The charge shall

18                      not exceed the actual cost of the study.       In performing the

19                      System Impact Study, the Transmission Provider shall rely, to

20                      the extent reasonably practicable, on existing transmission



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 69

 1                        planning studies. The Eligible Customer will not be assessed a

 2                        charge for such existing studies; however, the Eligible

 3                        Customer will be responsible for charges associated with any

 4                        modifications to existing planning studies that are reasonably

 5                        necessary to evaluate the impact of the Eligible Customer's

 6                        request for service on the Transmission System.

 7                (ii)    If in response to multiple Eligible Customers requesting service

 8                        in relation to the same competitive solicitation, a single System

 9                        Impact Study is sufficient for the Transmission Provider to

10                        accommodate the requests for service, the costs of that study

11                        shall be pro-rated among the Eligible Customers.

12                (iii)   For System Impact Studies that the Transmission Provider

13                        conducts on its own behalf, the Transmission Provider shall

14                        record the cost of the System Impact Studies pursuant to

15                        Section 20.

16         19.3   System Impact Study Procedures: Upon receipt of an executed

17                System Impact Study Agreement, the Transmission Provider will use

18                due diligence to complete the required System Impact Study within a

19                sixty (60) day period. The System Impact Study shall identify any

20                system    constraints   and   redispatch    options,   additional   Direct



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 70

 1                Assignment Facilities or Network Upgrades required to provide the

 2                requested service.   In the event that the Transmission Provider is

 3                unable to complete the required System Impact Study within such time

 4                period, it shall so notify the Eligible Customer and provide an

 5                estimated completion date along with an explanation of the reasons

 6                why additional time is required to complete the required studies. A

 7                copy of the completed System Impact Study and related work papers

 8                shall be made available to the Eligible Customer. The Transmission

 9                Provider will use the same due diligence in completing the System

10                Impact Study for an Eligible Customer as it uses when completing

11                studies for itself. The Transmission Provider shall notify the Eligible

12                Customer immediately upon completion of the System Impact Study if

13                the Transmission System will be adequate to accommodate all or part

14                of a request for service or that no costs are likely to be incurred for

15                new transmission facilities or upgrades.    In order for a request to

16                remain a Completed Application, within fifteen (15) days of completion

17                of the System Impact Study the Eligible Customer must execute a

18                Service Agreement or request the filing of an unexecuted Service

19                Agreement pursuant to Section 15.3, or the Application shall be

20                deemed terminated and withdrawn.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 71

 1         19.4   Facilities Study Procedures: If a System Impact Study indicates that

 2                additions or upgrades to the Transmission System are needed to

 3                supply the Eligible Customer's service request, the Transmission

 4                Provider, within thirty (30) days of the completion of the System

 5                Impact Study, shall tender to the Eligible Customer a Facilities Study

 6                Agreement pursuant to which the Eligible Customer shall agree to

 7                reimburse the Transmission Provider for performing the required

 8                Facilities Study.   For a service request to remain a Completed

 9                Application, the Eligible Customer shall execute the Facilities Study

10                Agreement and return it to the Transmission Provider within fifteen

11                (15) days. If the Eligible Customer elects not to execute the Facilities

12                Study Agreement, its application shall be deemed withdrawn and its

13                deposit, pursuant to Section 17.3, shall be returned with interest.

14                Upon receipt of an executed Facilities Study Agreement, the

15                Transmission Provider will use due diligence to complete the required

16                Facilities Study within a sixty (60) day period. If the Transmission

17                Provider is unable to complete the Facilities Study in the allotted time

18                period, the Transmission Provider shall notify the Transmission

19                Customer and provide an estimate of the time needed to reach a final

20                determination along with an explanation of the reasons that additional



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 72

 1                time is required to complete the study. When completed, the Facilities

 2                Study will include a good faith estimate of (i) the cost of Direct

 3                Assignment Facilities to be charged to the Transmission Customer, (ii)

 4                the Transmission Customer's appropriate share of the cost of any

 5                required Network Upgrades as determined pursuant to the provisions

 6                of Part II of the Tariff, and (iii) the time required to complete such

 7                construction and initiate the requested service.     The Transmission

 8                Customer shall provide the Transmission Provider with a letter of

 9                credit or other reasonable form of security acceptable to the

10                Transmission Provider equivalent to the costs of new facilities or

11                upgrades consistent with commercial practices as established by the

12                Uniform Commercial Code. The Transmission Customer shall have

13                thirty (30) days to execute a Service Agreement or request the filing of

14                an unexecuted Service Agreement and provide the required letter of

15                credit or other form of security or the request will no longer be a

16                Completed Application and shall be deemed terminated and

17                withdrawn.

18         19.5   Facilities Study Modifications: Any change in design arising from

19                inability to site or construct facilities as proposed will require

20                development of a revised good faith estimate.         New good faith



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 73

 1                estimates also will be required in the event of new statutory or

 2                regulatory requirements that are effective before the completion of

 3                construction or other circumstances beyond the control of the

 4                Transmission Provider that significantly affect the final cost of new

 5                facilities or upgrades to be charged to the Transmission Customer

 6                pursuant to the provisions of Part II of the Tariff.

 7         19.6   Due Diligence in Completing New Facilities: The Transmission

 8                Provider shall use due diligence to add necessary facilities or upgrade

 9                its Transmission System within a reasonable time. The Transmission

10                Provider will not upgrade its existing or planned Transmission System

11                in order to provide the requested Firm Point-To-Point Transmission

12                Service if doing so would impair system reliability or otherwise impair

13                or degrade existing firm service.

14         19.7   Partial Interim Service: If the Transmission Provider determines that

15                it will not have adequate transmission capability to satisfy the full

16                amount    of   a   Completed     Application    for    Firm   Point-To-Point

17                Transmission Service, the Transmission Provider nonetheless shall be

18                obligated to offer and provide the portion of the requested Firm Point-

19                To-Point Transmission Service that can be accommodated without

20                addition of any facilities and through redispatch.            However, the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 74

 1                Transmission Provider shall not be obligated to provide the

 2                incremental amount of requested Firm Point-To-Point Transmission

 3                Service that requires the addition of facilities or upgrades to the

 4                Transmission System until such facilities or upgrades have been

 5                placed in service.

 6         19.8   Expedited Procedures for New Facilities: In lieu of the procedures

 7                set forth above, the Eligible Customer shall have the option to

 8                expedite the process by requesting the Transmission Provider to

 9                tender at one time, together with the results of required studies, an

10                "Expedited Service Agreement" pursuant to which the Eligible

11                Customer would agree to compensate the Transmission Provider for

12                all costs incurred pursuant to the terms of the Tariff.    In order to

13                exercise this option, the Eligible Customer shall request in writing an

14                expedited Service Agreement covering all of the above-specified items

15                within thirty (30) days of receiving the results of the System Impact

16                Study identifying needed facility additions or upgrades or costs

17                incurred in providing the requested service. While the Transmission

18                Provider agrees to provide the Eligible Customer with its best estimate

19                of the new facility costs and other charges that may be incurred, such

20                estimate shall not be binding and the Eligible Customer must agree in



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 75

 1                writing to compensate the Transmission Provider for all costs incurred

 2                pursuant to the provisions of the Tariff. The Eligible Customer shall

 3                execute and return such an Expedited Service Agreement within

 4                fifteen (15) days of its receipt or the Eligible Customer's request for

 5                service will cease to be a Completed Application and will be deemed

 6                terminated and withdrawn.

 7   20 Procedures if the Transmission Provider is Unable to Complete New

 8         Transmission Facilities for Firm Point-To-Point Transmission Service

 9         20.1   Delays in Construction of New Facilities: If any event occurs that

10                will materially affect the time for completion of new facilities, or the

11                ability to complete them, the Transmission Provider shall promptly

12                notify the Transmission Customer.        In such circumstances, the

13                Transmission Provider shall within thirty (30) days of notifying the

14                Transmission Customer of such delays, convene a technical meeting

15                with the Transmission Customer to evaluate the alternatives available

16                to the Transmission Customer. The Transmission Provider also shall

17                make available to the Transmission Customer studies and work

18                papers related to the delay, including all information that is in the

19                possession of the Transmission Provider that is reasonably needed by

20                the Transmission Customer to evaluate any alternatives.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 76

 1          20.2   Alternatives to the Original Facility Additions: When the review

 2                 process of Section 20.1 determines that one or more alternatives exist

 3                 to the originally planned construction project, the Transmission

 4                 Provider shall present such alternatives for consideration by the

 5                 Transmission Customer.      If, upon review of any alternatives, the

 6                 Transmission Customer desires to maintain its Completed Application

 7                 subject to construction of the alternative facilities, it may request the

 8                 Transmission Provider to submit a revised Service Agreement for Firm

 9                 Point-To-Point Transmission Service.       If the alternative approach

10                 solely involves Non-Firm Point-To-Point Transmission Service, the

11                 Transmission Provider shall promptly tender a Service Agreement for

12                 Non-Firm Point-To-Point Transmission Service providing for the

13                 service. In the event the Transmission Provider concludes that no

14                 reasonable alternative exists and the Transmission Customer

15                 disagrees, the Transmission Customer may seek relief under the

16                 dispute resolution procedures pursuant to Section 12 or it may refer

17                 the dispute to the Commission for resolution.

18   20.3                 Refund Obligation for Unfinished Facility Additions: If the

19                 Transmission Provider and the Transmission Customer mutually

20                 agree that no other reasonable alternatives exist and the requested



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                              Open Access Transmission Tariff
                                                                          Original Sheet No. 77

 1                service cannot be provided out of existing capability under the

 2                conditions of Part II of the Tariff, the obligation to provide the

 3                requested Firm Point-To-Point Transmission Service shall terminate

 4                and any deposit made by the Transmission Customer shall be

 5                returned    with     interest    pursuant       to   Commission     regulations

 6                35.19a(a)(2)(iii).    However, the Transmission Customer shall be

 7                responsible for all prudently incurred costs by the Transmission

 8                Provider through the time construction was suspended.

 9   21 Provisions Relating to Transmission Construction and Services on the

10         Systems of Other Utilities

11         21.1   Responsibility       for      Third-Party        System     Additions:     The

12                Transmission       Provider     shall   not     be   responsible   for   making

13                arrangements for any necessary engineering, permitting, and

14                construction of transmission or distribution facilities on the system(s)

15                of any other entity or for obtaining any regulatory approval for such

16                facilities. The Transmission Provider will undertake reasonable efforts

17                to assist the Transmission Customer in obtaining such arrangements,

18                including without limitation, providing any information or data required

19                by such other electric system pursuant to Good Utility Practice.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                                   Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 78

 1         21.2   Coordination of Third-Party System Additions: In circumstances

 2                where the need for transmission facilities or upgrades is identified

 3                pursuant to the provisions of Part II of the Tariff, and if such upgrades

 4                further require the addition of transmission facilities on other systems,

 5                the Transmission Provider shall have the right to coordinate

 6                construction on its own system with the construction required by

 7                others.    The Transmission Provider, after consultation with the

 8                Transmission Customer and representatives of such other systems,

 9                may defer construction of its new transmission facilities, if the new

10                transmission facilities on another system cannot be completed in a

11                timely manner.        The Transmission Provider shall notify the

12                Transmission Customer in writing of the basis for any decision to defer

13                construction and the specific problems which must be resolved before

14                it will initiate or resume construction of new facilities. Within sixty (60)

15                days of receiving written notification by the Transmission Provider of

16                its intent to defer construction pursuant to this section, the

17                Transmission Customer may challenge the decision in accordance

18                with the dispute resolution procedures pursuant to Section 12 or it

19                may refer the dispute to the Commission for resolution.

20   22 Changes in Service Specifications



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 79

 1         22.1   Modifications on a Non-Firm Basis: The Transmission Customer

 2                taking Firm Point-To-Point Transmission Service may request the

 3                Transmission Provider to provide transmission service on a non-firm

 4                basis over Receipt and Delivery Points other than those specified in

 5                the Service Agreement ("Secondary Receipt and Delivery Points"), in

 6                amounts not to exceed its firm capacity reservation, without incurring

 7                an additional Non-Firm Point-To-Point Transmission Service charge or

 8                executing a new Service Agreement, subject to the following

 9                conditions.

10                (a)   Service provided over Secondary Receipt and Delivery Points

11                      will be non-firm only, on an as-available basis and will not

12                      displace any firm or non-firm service reserved or scheduled by

13                      third-parties under the Tariff or by the Transmission Provider on

14                      behalf of its Native Load Customers.

15                (b)   The sum of all Firm and non-firm Point-To-Point Transmission

16                      Service provided to the Transmission Customer at any time

17                      pursuant to this section shall not exceed the Reserved Capacity

18                      in the relevant Service Agreement under which such services

19                      are provided.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 80

 1                (c)    The Transmission Customer shall retain its right to schedule

 2                       Firm Point-To-Point Transmission Service at the Receipt and

 3                       Delivery Points specified in the relevant Service Agreement in

 4                       the amount of its original capacity reservation.

 5                (d)    Service over Secondary Receipt and Delivery Points on a non-

 6                       firm basis shall not require the filing of an Application for Non-

 7                       Firm Point-To-Point Transmission Service under the Tariff.

 8                       However, all other requirements of Part II of the Tariff (except

 9                       as to transmission rates) shall apply to transmission service on

10                       a non-firm basis over Secondary Receipt and Delivery Points.

11         22.2   Modification on a Firm Basis: Any request by a Transmission

12                Customer to modify Receipt and Delivery Points on a firm basis shall

13                be treated as a new request for service in accordance with Section 17

14                hereof, except that such Transmission Customer shall not be

15                obligated to pay any additional deposit if the capacity reservation does

16                not exceed the amount reserved in the existing Service Agreement.

17                While such new request is pending, the Transmission Customer shall

18                retain its priority for service at the existing firm Receipt and Delivery

19                Points specified in its Service Agreement.

20   23 Sale or Assignment of Transmission Service



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 81

 1         23.1   Procedures for Assignment or Transfer of Service: Subject to

 2                Commission approval of any necessary filings, a Transmission

 3                Customer may sell, assign, or transfer all or a portion of its rights

 4                under its Service Agreement, but only to another Eligible Customer

 5                (the Assignee). The Transmission Customer that sells, assigns or

 6                transfers its rights under its Service Agreement is hereafter referred to

 7                as the Reseller. Compensation to the Reseller shall not exceed the

 8                higher of (i) the original rate paid by the Reseller, (ii) the Transmission

 9                Provider's maximum rate on file at the time of the assignment, or (iii)

10                the Reseller's opportunity cost capped at the Transmission Provider’s

11                cost of expansion. If the Assignee does not request any change in the

12                Point(s) of Receipt or the Point(s) of Delivery, or a change in any other

13                term or condition set forth in the original Service Agreement, the

14                Assignee will receive the same services as did the Reseller and the

15                priority of service for the Assignee will be the same as that of the

16                Reseller. A Reseller should notify the Transmission Provider as soon

17                as possible after any assignment or transfer of service occurs but in

18                any event, notification must be provided prior to any provision of

19                service to the Assignee. The Assignee will be subject to all terms and

20                conditions of this Tariff. If the Assignee requests a change in service,



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 82

 1                the reservation priority of service will be determined by the

 2                Transmission Provider pursuant to Section 13.2.

 3         23.2   Limitations on Assignment or Transfer of Service: If the Assignee

 4                requests a change in the Point(s) of Receipt or Point(s) of Delivery, or

 5                a change in any other specifications set forth in the original Service

 6                Agreement, the Transmission Provider will consent to such change

 7                subject to the provisions of the Tariff, provided that the change will not

 8                impair the operation and reliability of the Transmission Provider's

 9                generation, transmission, or distribution systems. The Assignee shall

10                compensate the Transmission Provider for performing any System

11                Impact Study needed to evaluate the capability of the Transmission

12                System to accommodate the proposed change and any additional

13                costs resulting from such change. The Reseller shall remain liable for

14                the performance of all obligations under the Service Agreement,

15                except as specifically agreed to by the Parties through an amendment

16                to the Service Agreement.

17         23.3   Information on Assignment or Transfer of Service: In accordance

18                with Section 4, Resellers may use the Transmission Provider's OASIS

19                to post transmission capacity available for resale.

20   24    Metering and Power Factor Correction at Receipt and Delivery Point(s)



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 83

 1         24.1   Transmission Customer Obligations: Unless otherwise agreed, the

 2                Transmission Customer shall be responsible for installing and

 3                maintaining compatible metering and communications equipment to

 4                accurately account for the capacity and energy being transmitted

 5                under Part II of the Tariff and to communicate the information to the

 6                Transmission Provider. Such equipment shall remain the property of

 7                the Transmission Customer.

 8         24.2   Transmission     Provider    Access    to   Metering    Data:    The

 9                Transmission Provider shall have access to metering data, which may

10                reasonably be required to facilitate measurements and billing under

11                the Service Agreement.

12         24.3   Power Factor: Unless otherwise agreed, the Transmission Customer

13                is required to maintain a power factor within the same range as the

14                Transmission Provider pursuant to Good Utility Practices. The power

15                factor requirements are specified in the Service Agreement where

16                applicable.

17   25 Compensation for Transmission Service

18         Rates for Firm and Non-Firm Point-To-Point Transmission Service are

19   provided in the Schedules appended to the Tariff: Firm Point-To-Point Transmission

20   Service (Schedule 7); and Non-Firm Point-To-Point Transmission Service



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 84

 1   (Schedule 8). The Transmission Provider shall use Part II of the Tariff to make its

 2   Third-Party Sales. The Transmission Provider shall account for such use at the

 3   applicable Tariff rates, pursuant to Section 8.

 4   26 Stranded Cost Recovery

 5          The Transmission Provider may seek to recover stranded costs from the

 6   Transmission Customer pursuant to this Tariff in accordance with the terms,

 7   conditions and procedures set forth in FERC Order No. 888.            However, the

 8   Transmission Provider must separately file any specific proposed stranded cost

 9   charge under Section 205 of the Federal Power Act.

10   27 Compensation for New Facilities and Redispatch Costs

11          Whenever a System Impact Study performed by the Transmission Provider

12   in connection with the provision of Firm Point-To-Point Transmission Service

13   identifies the need for new facilities, the Transmission Customer shall be

14   responsible for such costs to the extent consistent with Commission policy.

15   Whenever a System Impact Study performed by the Transmission Provider

16   identifies capacity constraints that may be relieved more economically by

17   redispatching the Transmission Provider's resources than by building new facilities

18   or upgrading existing facilities to eliminate such constraints, the Transmission

19   Customer shall be responsible for the redispatch costs to the extent consistent with

20   Commission policy.

21

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                    Original Sheet No. 85

 1   PART III.     NETWORK INTEGRATION TRANSMISSION SERVICE

 2   Preamble

 3          The Transmission Provider will provide Network Integration Transmission

 4   Service pursuant to the applicable terms and conditions contained in the Tariff and

 5   Service Agreement. Network Integration Transmission Service allows the Network

 6   Customer to integrate, economically dispatch and regulate its current and planned

 7   Network Resources to serve its Network Load in a manner comparable to that in

 8   which the Transmission Provider utilizes its Transmission System to serve its Native

 9   Load Customers. Network Integration Transmission Service also may be used by

10   the Network Customer to deliver economy energy purchases to its Network Load

11   from non-designated resources on an as-available basis without additional charge.

12   Transmission service for sales to non-designated loads will be provided pursuant to

13   the applicable terms and conditions of Part II of the Tariff.

14   28 Nature of Network Integration Transmission Service

15          28.1   Scope of Service: Network Integration Transmission Service is a

16                 transmission service that allows Network Customers to efficiently and

17                 economically utilize their Network Resources (as well as other non-

18                 designated generation resources) to serve their Network Load located

19                 in the Transmission Provider's Control Area and any additional load

20                 that may be designated pursuant to Section 31.3 of the Tariff. The



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 86

 1                Network Customer taking Network Integration Transmission Service

 2                must obtain or provide Ancillary Services pursuant to Section 3.

 3         28.2   Transmission     Provider     Responsibilities:     The   Transmission

 4                Provider will plan, construct, operate and maintain its Transmission

 5                System in accordance with Good Utility Practice in order to provide

 6                the Network Customer with Network Integration Transmission Service

 7                over the Transmission Provider's Transmission System.              The

 8                Transmission Provider, on behalf of its Native Load Customers, shall

 9                be required to designate resources and loads in the same manner as

10                any Network Customer under Part III of this Tariff. This information

11                must be consistent with the information used by the Transmission

12                Provider to    calculate   available transmission    capability.   The

13                Transmission Provider shall include the Network Customer's Network

14                Load in its Transmission System planning and shall, consistent with

15                Good Utility Practice, endeavor to construct and place into service

16                sufficient transmission capacity to deliver the Network Customer's

17                Network Resources to serve its Network Load on a basis comparable

18                to the Transmission Provider's delivery of its own generating and

19                purchased resources to its Native Load Customers.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 87

 1         28.3   Network Integration Transmission Service: The Transmission

 2                Provider will provide firm transmission service over its Transmission

 3                System to the Network Customer for the delivery of capacity and

 4                energy from its designated Network Resources to service its Network

 5                Loads on a basis that is comparable to the Transmission Provider's

 6                use of the Transmission System to reliably serve its Native Load

 7                Customers.

 8         28.4   Secondary      Service:    The   Network   Customer    may    use   the

 9                Transmission Provider's Transmission System to deliver energy to its

10                Network Loads from resources that have not been designated as

11                Network Resources.        Such energy shall be transmitted, on an as-

12                available basis, at no additional charge. Deliveries from resources

13                other than Network Resources will have a higher priority than any

14                Non-Firm Point-To-Point Transmission Service under Part II of the

15                Tariff.

16         28.5   Real Power Losses: Real Power Losses are associated with all

17                transmission service. The Transmission Provider is not obligated to

18                provide Real Power Losses. The Network Customer is responsible for

19                replacing losses associated with all transmission service as calculated

20                by the Transmission Provider.        For Network Integration Service



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 88

 1                (including non-firm uses in accordance with Section 28.4), and Firm

 2                Point-to-Point Transmission Service sales and Non-firm Point-to-Point

 3                Transmission Service sales pursuant to Part II, FPL’s average

 4                transmission system losses (excluding generator step-up losses) shall

 5                be used. Such average losses shall be set out in Schedule 9.

 6         28.6   Restrictions on Use of Service: The Network Customer shall not

 7                use Network Integration Transmission Service for (i) sales of capacity

 8                and energy to non-designated loads, or (ii) direct or indirect provision

 9                of transmission service by the Network Customer to third parties. All

10                Network Customers taking Network Integration Transmission Service

11                shall use Point-To-Point Transmission Service under Part II of the

12                Tariff for any Third-Party Sale which requires use of the Transmission

13                Provider's Transmission System.

14   29 Initiating Service

15         29.1   Condition Precedent for Receiving Service: Subject to the terms

16                and conditions of Part III of the Tariff, the Transmission Provider will

17                provide Network Integration Transmission Service to any Eligible

18                Customer, provided that (i) the Eligible Customer completes an

19                Application for service as provided under Part III of the Tariff, (ii) the

20                Eligible Customer and the Transmission Provider complete the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 89

 1                technical arrangements set forth in Sections 29.3 and 29.4, (iii) the

 2                Eligible Customer executes a Service Agreement pursuant to

 3                Attachment F for service under Part III of the Tariff or requests in

 4                writing that the Transmission Provider file a proposed unexecuted

 5                Service Agreement with the Commission, and (iv) the Eligible

 6                Customer executes a Network Operating Agreement with the

 7                Transmission Provider pursuant to Attachment G or requests           in

 8                writing that the Transmission Provider file a proposed unexecuted

 9                Network Operating Agreement.

10         29.2   Application Procedures: An Eligible Customer requesting service

11                under Part III of the Tariff must submit an Application, with a deposit

12                approximating the charge for one month of service, to the

13                Transmission Provider as far as possible in advance of the month in

14                which service is to commence. Unless subject to the procedures in

15                Section   2,   Completed     Applications   for   Network   Integration

16                Transmission Service will be assigned a priority according to the date

17                and time the Application is received, with the earliest Application

18                receiving the highest priority.   Applications should be submitted by

19                entering the information listed below on the Transmission Provider's

20                OASIS.    Prior to implementation of the Transmission Provider's



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                  Original Sheet No. 90

 1                OASIS, a Completed Application may be submitted by (i) transmitting

 2                the required information to the Transmission Provider by telefax, or (ii)

 3                providing the information by telephone over the Transmission

 4                Provider's time recorded telephone line. Each of these methods will

 5                provide a time-stamped record for establishing the service priority of

 6                the Application.    A Completed Application shall provide all of the

 7                information included in 18 CFR § 2.20 including but not limited to the

 8                following:

 9                (i)     The identity, address, telephone number and facsimile number
10                        of the party requesting service;
11
12                (ii)    A statement that the party requesting service is, or will be upon
13                        commencement of service, an Eligible Customer under the
14                        Tariff;
15
16                (iii)   A description of the Network Load at each delivery point. This
17                        description should separately identify and provide the Eligible
18                        Customer's best estimate of the total loads to be served at
19                        each transmission voltage level, and the loads to be served
20                        from each Transmission Provider substation at the same
21                        transmission voltage level. The description should include a
22                        ten (10) year forecast of summer and winter load and resource
23                        requirements beginning with the first year after the service is
24                        scheduled to commence;
25
26                (iv)    The amount and location of any interruptible loads included in
27                        the Network Load. This shall include the summer and winter
28                        capacity requirements for each interruptible load (had such load
29                        not been interruptible), that portion of the load subject to
30                        interruption, the conditions under which an interruption can be
31                        implemented and any limitations on the amount and frequency
32                        of interruptions. An Eligible Customer should identify the


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 91

 1                       amount of interruptible customer load (if any) included in the 10
 2                       year load forecast provided in response to (iii) above;
 3
 4                (v)    A description of Network Resources (current and 10-year
 5                       projection), which shall include, for each Network Resource:
 6                       -      Unit size and amount of capacity from that unit to be
 7                              designated as Network Resource
 8                       -      VAR capability (both leading and lagging) of all
 9                              generators
10                       -      Operating restrictions
11                              -      Any periods of restricted operations through-out
12                                     the year
13                              -      Maintenance schedules
14                              -      Minimum loading level of unit
15                              -      Normal operating level of unit
16                              -      Any must-run unit designations required for
17                                     system reliability or contract reasons
18                       -      Approximate variable generating cost ($/MWH) for
19                              redispatch computations
20                       -      Arrangements governing sale and delivery of power to
21                              third parties from generating facilities located in the
22                              Transmission Provider Control Area, where only a
23                              portion of unit output is designated as a Network
24                              Resource
25                       -      Description of purchased power designated as a
26                              Network Resource including source of supply, Control
27                              Area location, transmission arrangements and delivery
28                              point(s) to the Transmission Provider's Transmission
29                              System;
30
31                (vi)   Description of Eligible Customer's transmission system:
32                       -     Load flow and stability data, such as real and reactive
33                             parts of the load, lines, transformers, reactive devices
34                             and load type, including normal and emergency ratings
35                             of all transmission equipment in a load flow format
36                             compatible with that used by the Transmission Provider
37                       -     Operating restrictions needed for reliability
38                       -     Operating guides employed by system operators




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 92

 1                        -       Contractual restrictions or committed uses of the Eligible
 2                                Customer's transmission system, other than the Eligible
 3                                Customer's Network Loads and Resources
 4                        -       Location of Network Resources described in subsection
 5                                (v) above
 6                        -       10 year projection of system expansions or upgrades
 7                        -       Transmission System maps that include any proposed
 8                                expansions or upgrades
 9                        -       Thermal ratings of Eligible Customer's Control Area ties
10                                with other Control Areas; and
11
12                (vii)   Service Commencement Date and the term of the requested
13                        Network Integration Transmission Service. The minimum term
14                        for Network Integration Transmission Service is one year.
15
16                Unless the Parties agree to a different time frame, the Transmission

17                Provider must acknowledge the request within ten (10) days of receipt.

18                The acknowledgment must include a date by which a response,

19                including a Service Agreement, will be sent to the Eligible Customer.

20                If an Application fails to meet the requirements of this section, the

21                Transmission Provider shall notify the Eligible Customer requesting

22                service within fifteen (15) days of receipt and specify the reasons for

23                such failure.     Wherever possible, the Transmission Provider will

24                attempt to remedy deficiencies in the Application through informal

25                communications with the Eligible Customer.           If such efforts are

26                unsuccessful, the Transmission Provider shall return the Application

27                without prejudice to the Eligible Customer filing a new or revised

28                Application that fully complies with the requirements of this section.


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 93

 1                The Eligible Customer will be assigned a new priority consistent with

 2                the date of the new or revised Application. The Transmission Provider

 3                shall treat this information consistent with the standards of conduct

 4                contained in Part 37 of the Commission's regulations.

 5         29.3   Technical      Arrangements      to     be    Completed      Prior    to

 6                Commencement of Service: Network Integration Transmission

 7                Service shall not commence until the Transmission Provider and the

 8                Network Customer, or a third party, have completed installation of all

 9                equipment specified under the Network Operating Agreement

10                consistent with Good Utility Practice and any additional requirements

11                reasonably and consistently imposed to ensure the reliable operation

12                of the Transmission System.           The Transmission Provider shall

13                exercise reasonable efforts, in coordination with the Network

14                Customer, to complete such arrangements as soon as practicable

15                taking into consideration the Service Commencement Date.

16         29.4   Network Customer Facilities: The provision of Network Integration

17                Transmission Service shall be conditioned upon the Network

18                Customer's constructing, maintaining and operating the facilities on its

19                side of each delivery point or interconnection necessary to reliably

20                deliver capacity and energy from the Transmission Provider's



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 94

 1                Transmission System to the Network Customer.             The Network

 2                Customer shall be solely responsible for constructing or installing all

 3                facilities on the Network Customer's side of each such delivery point

 4                or interconnection.

 5         29.5   Filing of Service Agreement: The Transmission Provider will file

 6                Service Agreements with the Commission in compliance with

 7                applicable Commission regulations.

 8   30 Network Resources

 9         30.1   Designation of Network Resources: Network Resources shall

10                include all generation owned, purchased or leased by the Network

11                Customer designated to serve Network Load under the Tariff.

12                Network Resources may not include resources, or any portion thereof,

13                that are committed for sale to non-designated third party load or

14                otherwise cannot be called upon to meet the Network Customer's

15                Network Load on a non-interruptible basis. Any owned or purchased

16                resources that were serving the Network Customer's loads under firm

17                agreements entered into on or before the Service Commencement

18                Date shall initially be designated as Network Resources until the

19                Network Customer terminates the designation of such resources.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 95

 1         30.2   Designation of New Network Resources: The Network Customer

 2                may   designate    a   new   Network    Resource    by   providing   the

 3                Transmission Provider with as much advance notice as practicable. A

 4                designation of a new Network Resource must be made by a request

 5                for modification of service pursuant to an Application under Section

 6                29.

 7         30.3   Termination of Network Resources: The Network Customer may

 8                terminate the designation of all or part of a generating resource as a

 9                Network Resource at any time but should provide notification to the

10                Transmission Provider as soon as reasonably practicable.

11         30.4   Operation of Network Resources: The Network Customer shall not

12                operate its designated Network Resources located in the Network

13                Customer's or Transmission Provider's Control Area such that the

14                output of those facilities exceeds its designated Network Load, plus

15                non-firm sales delivered pursuant to Part II of the Tariff, plus losses.

16                This limitation shall not apply to changes in the operation of a

17                Transmission Customer’s Network Resources at the request of the

18                Transmission Provider to respond to an emergency or other

19                unforeseen condition which may impair or degrade the reliability of

20                the Transmission System.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 96

 1         30.5   Network Customer Redispatch Obligation: As a condition to

 2                receiving Network Integration Transmission Service, the Network

 3                Customer agrees to redispatch its Network Resources as requested

 4                by the Transmission Provider pursuant to Section 33.2. To the extent

 5                practical, the redispatch of resources pursuant to this section shall be

 6                on a least cost, non-discriminatory basis between all Network

 7                Customers, and the Transmission Provider.

 8         30.6   Transmission        Arrangements     for     Network    Resources     not

 9                Physically Interconnected with the Transmission Provider: The

10                Network Customer shall be responsible for any arrangements

11                necessary to deliver capacity and energy from a Network Resource

12                not physically interconnected with the Transmission Provider's

13                Transmission System.        The Transmission Provider will undertake

14                reasonable efforts to assist the Network Customer in obtaining such

15                arrangements, including without limitation, providing any information

16                or data required by such other entity pursuant to Good Utility Practice.

17         30.7   Limitation on Designation of Network Resources: The Network

18                Customer must demonstrate that it owns or has committed to

19                purchase generation pursuant to an executed contract in order to

20                designate      a   generating   resource    as   a   Network   Resource.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                 Original Sheet No. 97

 1                Alternatively, the Network Customer may establish that execution of a

 2                contract is contingent upon the availability of transmission service

 3                under Part III of the Tariff.

 4         30.8   Use of Interface Capacity by the Network Customer: There is no

 5                limitation upon a Network Customer's use of the Transmission

 6                Provider's Transmission System at any particular interface to integrate

 7                the Network Customer's Network Resources (or substitute economy

 8                purchases) with its Network Loads. However, a Network Customer's

 9                use of the Transmission Provider's total interface capacity with other

10                transmission systems may not exceed the Network Customer's Load.

11         30.9   Network Customer Owned Transmission Facilities: The Network

12                Customer that owns existing transmission facilities that are integrated

13                with the Transmission Provider's Transmission System may be eligible

14                to receive consideration either through a billing credit or some other

15                mechanism.      In order to receive such consideration the Network

16                Customer must demonstrate that its transmission facilities are

17                integrated into the plans or operations of the Transmission Provider to

18                serve its power and transmission customers. For facilities constructed

19                by the Network Customer subsequent to the Service Commencement

20                Date under Part III of the Tariff, the Network Customer shall receive



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                                Original Sheet No. 98

 1                credit where such facilities are jointly planned and installed in

 2                coordination with the Transmission Provider. Calculation of the credit

 3                shall be addressed in either the Network Customer's Service

 4                Agreement or any other agreement between the Parties.

 5   31 Designation of Network Load

 6         31.1   Network Load: The Network Customer must designate the individual

 7                Network Loads on whose behalf the Transmission Provider will

 8                provide Network Integration Transmission Service.       The Network

 9                Loads shall be specified in the Service Agreement.

10         31.2   New Network Loads Connected with the Transmission Provider:

11                The Network Customer shall provide the Transmission Provider with

12                as much advance notice as reasonably practicable of the designation

13                of new Network Load that will be added to its Transmission System. A

14                designation of new Network Load must be made through a

15                modification of service pursuant to a new Application.            The

16                Transmission Provider will use due diligence to install any

17                transmission facilities required to interconnect a new Network Load

18                designated by the Network Customer.       The costs of new facilities

19                required to interconnect a new Network Load shall be determined in

20                accordance with the procedures provided in Section 32.4 and shall be



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                   Original Sheet No. 99

 1                charged to the Network Customer in accordance with Commission

 2                policies.

 3         31.3   Network     Load     not    Physically    Interconnected       with      the

 4                Transmission Provider: This section            applies to      both    initial

 5                designation pursuant to Section 31.1 and the subsequent addition of

 6                new    Network     Load    not   physically   interconnected    with     the

 7                Transmission Provider.     To the extent that the Network Customer

 8                desires to obtain transmission service for a load outside the

 9                Transmission Provider's Transmission System, the Network Customer

10                shall have the option of (1) electing to include the entire load as

11                Network Load for all purposes under Part III of the Tariff and

12                designating Network Resources in connection with such additional

13                Network Load, or (2) excluding that entire load from its Network Load

14                and purchasing Point-To-Point Transmission Service under Part II of

15                the Tariff. To the extent that the Network Customer gives notice of its

16                intent to add a new Network Load as part of its Network Load

17                pursuant to this section the request must be made through a

18                modification of service pursuant to a new Application.

19         31.4   New Interconnection Points: To the extent the Network Customer

20                desires to add a new Delivery Point or interconnection point between



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 100

 1                the Transmission Provider's Transmission System and a Network

 2                Load, the Network Customer shall provide the Transmission Provider

 3                with as much advance notice as reasonably practicable.

 4         31.5   Changes in Service Requests: Under no circumstances shall the

 5                Network Customer's decision to cancel or delay a requested change

 6                in Network Integration Transmission Service (e.g. the addition of a

 7                new Network Resource or designation of a new Network Load) in any

 8                way relieve the Network Customer of its obligation to pay the costs of

 9                transmission facilities constructed by the Transmission Provider and

10                charged to the Network Customer as reflected in the Service

11                Agreement.     However, the Transmission Provider must treat any

12                requested change in Network Integration Transmission Service in a

13                non-discriminatory manner.

14         31.6   Annual Load and Resource Information Updates: The Network

15                Customer shall provide the Transmission Provider with annual

16                updates of Network Load and Network Resource forecasts consistent

17                with those included in its Application for Network Integration

18                Transmission Service under Part III of the Tariff.       The Network

19                Customer also shall provide the Transmission Provider with timely

20                written notice of material changes in any other information provided in



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                 Original Sheet No. 101

 1                its Application relating to the Network Customer's Network Load,

 2                Network Resources, its transmission system or other aspects of its

 3                facilities or operations affecting the Transmission Provider's ability to

 4                provide reliable service.

 5   32 Additional Study Procedures for Network Integration Transmission Service

 6         Requests

 7         32.1   Notice of Need for System Impact Study: After receiving a request

 8                for service, the Transmission Provider shall determine on a non-

 9                discriminatory basis whether a System Impact Study is needed. A

10                description of the Transmission Provider's methodology for completing

11                a System Impact Study is provided in Attachment D.                If the

12                Transmission Provider determines that a System Impact Study is

13                necessary to accommodate the requested service, it shall so inform

14                the Eligible Customer, as soon as practicable. In such cases, the

15                Transmission Provider shall within thirty (30) days of receipt of a

16                Completed Application, tender a System Impact Study Agreement

17                pursuant to which the Eligible Customer shall agree to reimburse the

18                Transmission Provider for performing the required System Impact

19                Study. For a service request to remain a Completed Application, the

20                Eligible Customer shall execute the System Impact Study Agreement



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 102

 1                and return it to the Transmission Provider within fifteen (15) days. If

 2                the Eligible Customer elects not to execute the System Impact Study

 3                Agreement, its Application shall be deemed withdrawn and its deposit

 4                shall be returned with interest.

 5         32.2   System Impact Study Agreement and Cost Reimbursement:

 6                (i)    The System Impact Study Agreement will clearly specify the

 7                       Transmission Provider's estimate of the actual cost, and time

 8                       for completion of the System Impact Study. The charge shall

 9                       not exceed the actual cost of the study.      In performing the

10                       System Impact Study, the Transmission Provider shall rely, to

11                       the extent reasonably practicable, on existing transmission

12                       planning studies. The Eligible Customer will not be assessed a

13                       charge for such existing studies; however, the Eligible

14                       Customer will be responsible for charges associated with any

15                       modifications to existing planning studies that are reasonably

16                       necessary to evaluate the impact of the Eligible Customer's

17                       request for service on the Transmission System.

18

19                (ii)   If in response to multiple Eligible Customers requesting service

20                       in relation to the same competitive solicitation, a single System



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 103

 1                      Impact Study is sufficient for the Transmission Provider to

 2                      accommodate the service requests, the costs of that study shall

 3                      be pro-rated among the Eligible Customers.

 4            (iii) For System Impact Studies that the Transmission Provider conducts

 5                on its own behalf, the Transmission Provider shall record the cost of

 6                the System Impact Studies pursuant to Section 8.

 7         32.3   System Impact Study Procedures: Upon receipt of an executed

 8                System Impact Study Agreement, the Transmission Provider will use

 9                due diligence to complete the required System Impact Study within a

10                sixty (60) day period. The System Impact Study shall identify any

11                system   constraints    and   redispatch   options,   additional   Direct

12                Assignment Facilities or Network Upgrades required to provide the

13                requested service.     In the event that the Transmission Provider is

14                unable to complete the required System Impact Study within such time

15                period, it shall so notify the Eligible Customer and provide an

16                estimated completion date along with an explanation of the reasons

17                why additional time is required to complete the required studies. A

18                copy of the completed System Impact Study and related work papers

19                shall be made available to the Eligible Customer. The Transmission

20                Provider will use the same due diligence in completing the System



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 104

 1                Impact Study for an Eligible Customer as it uses when completing

 2                studies for itself. The Transmission Provider shall notify the Eligible

 3                Customer immediately upon completion of the System Impact Study if

 4                the Transmission System will be adequate to accommodate all or part

 5                of a request for service or that no costs are likely to be incurred for

 6                new transmission facilities or upgrades.    In order for a request to

 7                remain a Completed Application, within fifteen (15) days of completion

 8                of the System Impact Study the Eligible Customer must execute a

 9                Service Agreement or request the filing of an unexecuted Service

10                Agreement, or the Application shall be deemed terminated and

11                withdrawn.

12         32.4   Facilities Study Procedures: If a System Impact Study indicates that

13                additions or upgrades to the Transmission System are needed to

14                supply the Eligible Customer's service request, the Transmission

15                Provider, within thirty (30) days of the completion of the System

16                Impact Study, shall tender to the Eligible Customer a Facilities Study

17                Agreement pursuant to which the Eligible Customer shall agree to

18                reimburse the Transmission Provider for performing the required

19                Facilities Study.   For a service request to remain a Completed

20                Application, the Eligible Customer shall execute the Facilities Study



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                 Original Sheet No. 105

 1                Agreement and return it to the Transmission Provider within fifteen

 2                (15) days. If the Eligible Customer elects not to execute the Facilities

 3                Study Agreement, its Application shall be deemed withdrawn and its

 4                deposit shall be returned with interest. Upon receipt of an executed

 5                Facilities Study Agreement, the Transmission Provider will use due

 6                diligence to complete the required Facilities Study within a sixty (60)

 7                day period. If the Transmission Provider is unable to complete the

 8                Facilities Study in the allotted time period, the Transmission Provider

 9                shall notify the Eligible Customer and provide an estimate of the time

10                needed to reach a final determination along with an explanation of the

11                reasons that additional time is required to complete the study. When

12                completed, the Facilities Study will include a good faith estimate of (i)

13                the cost of Direct Assignment Facilities to be charged to the Eligible

14                Customer, (ii) the Eligible Customer's appropriate share of the cost of

15                any required Network Upgrades, and (iii) the time required to complete

16                such construction and initiate the requested service.       The Eligible

17                Customer shall provide the Transmission Provider with a letter of

18                credit or other reasonable form of security acceptable to the

19                Transmission Provider equivalent to the costs of new facilities or

20                upgrades consistent with commercial practices as established by the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                   Original Sheet No. 106

 1                Uniform Commercial Code. The Eligible Customer shall have thirty

 2                (30) days to execute a Service Agreement or request the filing of an

 3                unexecuted Service Agreement and provide the required letter of

 4                credit or other form of security or the request no longer will be a

 5                Completed Application and shall be deemed terminated and

 6                withdrawn.

 7   33 Load Shedding and Curtailments

 8         33.1   Procedures: Prior to the Service Commencement Date, the

 9                Transmission Provider and the Network Customer shall establish Load

10                Shedding and Curtailment procedures pursuant to the Network

11                Operating      Agreement   with   the    objective   of    responding    to

12                contingencies on the Transmission System.                 The Parties will

13                implement such programs during any period when the Transmission

14                Provider determines that a system contingency exists and such

15                procedures are necessary to alleviate such contingency.                 The

16                Transmission Provider will notify all affected Network Customers in a

17                timely manner of any scheduled Curtailment.

18         33.2   Transmission       Constraints:   During     any     period    when     the

19                Transmission Provider determines that a transmission constraint

20                exists on the Transmission System, and such constraint may impair



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 107

 1                the reliability of the Transmission Provider's system, the Transmission

 2                Provider will take whatever actions, consistent with Good Utility

 3                Practice, that are reasonably necessary to maintain the reliability of

 4                the Transmission Provider's system. To the extent the Transmission

 5                Provider determines that the reliability of the Transmission System

 6                can be maintained by redispatching resources, the Transmission

 7                Provider will initiate procedures pursuant to the Network Operating

 8                Agreement to redispatch all Network Resources and the Transmission

 9                Provider's own resources on a least-cost basis without regard to the

10                ownership of such resources. Any redispatch under this section may

11                not unduly discriminate between the Transmission Provider's use of

12                the Transmission System on behalf of its Native Load Customers and

13                any Network Customer's use of the Transmission System to serve its

14                designated Network Load.

15         33.3   Cost Responsibility for Relieving Transmission Constraints:

16                Whenever       the   Transmission   Provider   implements    least-cost

17                redispatch procedures in response to a transmission constraint, the

18                Transmission Provider and Network Customers will each bear a

19                proportionate share of the total redispatch cost based on their

20                respective Load Ratio Shares.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 108

 1         33.4   Curtailments of Scheduled Deliveries: If a transmission constraint

 2                on the Transmission Provider's Transmission System cannot be

 3                relieved   through      the   implementation   of    least-cost     redispatch

 4                procedures and the Transmission Provider determines that it is

 5                necessary to Curtail scheduled deliveries, the Parties shall Curtail

 6                such schedules in accordance with the Network Operating Agreement.

 7         33.5   Allocation of Curtailments: The Transmission Provider shall, on a

 8                non-discriminatory basis, Curtail the transaction(s) that effectively

 9                relieve the constraint.       However, to the extent practicable and

10                consistent with Good Utility Practice, any Curtailment will be shared by

11                the Transmission Provider and Network Customer in proportion to

12                their respective Load Ratio Shares. The Transmission Provider shall

13                not direct the Network Customer to Curtail schedules to an extent

14                greater    than   the     Transmission    Provider    would       Curtail   the

15                Transmission Provider's schedules under similar circumstances.

16         33.6   Load Shedding: To the extent that a system contingency exists on

17                the   Transmission       Provider's   Transmission     System       and     the

18                Transmission Provider determines that it is necessary for the

19                Transmission Provider and the Network Customer to shed load, the




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 109

 1                Parties shall shed load in accordance with previously established

 2                procedures under the Network Operating Agreement.

 3         33.7   System Reliability: Notwithstanding any other provisions of this

 4                Tariff, the Transmission Provider reserves the right, consistent with

 5                Good Utility Practice and on a not unduly discriminatory basis, to

 6                Curtail Network Integration Transmission Service without liability on

 7                the Transmission Provider's part for the purpose of making necessary

 8                adjustments to, changes in, or repairs on its lines, substations and

 9                facilities, and in cases where the continuance of Network Integration

10                Transmission Service would endanger persons or property.           In the

11                event of any adverse condition(s) or disturbance(s) on the

12                Transmission Provider's Transmission System or on any other

13                system(s) directly or indirectly interconnected with the Transmission

14                Provider's     Transmission    System,     the   Transmission   Provider,

15                consistent with Good Utility Practice, also may Curtail Network

16                Integration Transmission Service in order to (i) limit the extent or

17                damage of the adverse condition(s) or disturbance(s), (ii) prevent

18                damage to generating or transmission facilities, or (iii) expedite

19                restoration of service.       The Transmission Provider will give the

20                Network Customer as much advance notice as is practicable in the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                  Original Sheet No. 110

 1                event of such Curtailment. Any Curtailment of Network Integration

 2                Transmission Service will be not unduly discriminatory relative to the

 3                Transmission Provider's use of the Transmission System on behalf of

 4                its Native Load Customers. The Transmission Provider shall specify

 5                the rate treatment and all related terms and conditions applicable in

 6                the event that the Network Customer fails to respond to established

 7                Load Shedding and Curtailment procedures.

 8   34 Rates and Charges

 9         The Network Customer shall pay the Transmission Provider for any Direct

10   Assignment Facilities, Ancillary Services, and applicable study costs, consistent

11   with Commission policy, along with the following:

12         34.1   Monthly Demand Charge: The Network Customer shall pay a

13                monthly Demand Charge, which shall be determined by multiplying

14                the Network Customer’s monthly Network Load times the monthly

15                Network Transmission Service Rate specified in Attachment H.

16         34.2   Determination of Network Customer's Monthly Network Load:

17                The Network Customer's monthly Network Load is its hourly load

18                (including its designated Network Load not physically interconnected

19                with the Transmission Provider under Section 31.3) coincident with the

20                Transmission Provider's Monthly Transmission System Peak.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 111

 1         34.3   Determination of Transmission Provider's Monthly Transmission

 2                System Load: The Transmission Provider's monthly Transmission

 3                System load is the Transmission Provider's Monthly Transmission

 4                System Peak minus the coincident peak usage of all Firm Point-To-

 5                Point Transmission Service customers pursuant to Part II of this Tariff

 6                plus the Reserved Capacity of all Firm Point-To-Point Transmission

 7                Service customers.

 8         34.4   Redispatch Charge: The Network Customer shall pay a Load Ratio

 9                Share of any redispatch costs allocated between the Network

10                Customer and the Transmission Provider pursuant to Section 33. To

11                the extent that the Transmission Provider incurs an obligation to the

12                Network Customer for redispatch costs in accordance with Section 33,

13                such amounts shall be credited against the Network Customer's bill for

14                the applicable month.

15         34.5   Stranded Cost Recovery: The Transmission Provider may seek to

16                recover stranded costs from the Network Customer pursuant to this

17                Tariff in accordance with the terms, conditions and procedures set

18                forth in FERC Order No. 888. However, the Transmission Provider

19                must separately file any proposal to recover stranded costs under

20                Section 205 of the Federal Power Act.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                               Original Sheet No. 112

 1   35 Operating Arrangements

 2         35.1   Operation under the Network Operating Agreement: The Network

 3                Customer shall plan, construct, operate and maintain its facilities in

 4                accordance with Good Utility Practice and in conformance with the

 5                Network Operating Agreement.

 6         35.2   Network Operating Agreement: The terms and conditions under

 7                which the Network Customer shall operate its facilities and the

 8                technical and operational matters associated with the implementation

 9                of Part III of the Tariff shall be specified in the Network Operating

10                Agreement. The Network Operating Agreement shall provide for the

11                Parties to (i) operate and maintain equipment necessary for

12                integrating the Network Customer within the Transmission Provider's

13                Transmission System (including, but not limited to, remote terminal

14                units, metering, communications equipment and relaying equipment),

15                (ii) transfer data between the Transmission Provider and the Network

16                Customer (including, but not limited to, heat rates and operational

17                characteristics of Network Resources, generation schedules for units

18                outside   the   Transmission    Provider's   Transmission    System,

19                interchange schedules, unit outputs for redispatch required under

20                Section 33, voltage schedules, loss factors and other real time data),



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                     Original Sheet No. 113

 1                (iii) use software programs required for data links and constraint

 2                dispatching, (iv) exchange data on forecasted loads and resources

 3                necessary for long-term planning, and (v) address any other technical

 4                and operational considerations required for implementation of Part III

 5                of the Tariff, including scheduling protocols. The Network Operating

 6                Agreement will recognize that the Network Customer shall either (i)

 7                operate as a Control Area under applicable guidelines of the North

 8                American Electric Reliability Council (NERC) and the Southeastern

 9                Electric   Reliability   Council,   and    the   Florida   Electric   Power

10                Coordinating Group, Inc., or their successor, (ii) satisfy its Control

11                Area requirements, including all necessary Ancillary Services, by

12                contracting with the Transmission Provider, or (iii) satisfy its Control

13                Area requirements, including all necessary Ancillary Services, by

14                contracting with another entity, consistent with Good Utility Practice,

15                which satisfies NERC and the Southeastern Electric Reliability

16                Council, and the Florida Electric Power Coordinating Group, Inc., or

17                their successor requirements. The Transmission Provider shall not

18                unreasonably refuse to accept contractual arrangements with another

19                entity for Ancillary Services. The Network Operating Agreement is

20                included in Attachment G.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
    Florida Power & Light Company                    Open Access Transmission Tariff
                                                              Original Sheet No. 114

1         35.3   Network Operating Committee: A Network Operating Committee

2                (Committee) shall be established to coordinate operating criteria for

3                the Parties' respective responsibilities under the Network Operating

4                Agreement. Each Network Customer shall be entitled to have at least

5                one representative on the Committee.     The Committee shall meet

6                from time to time as need requires, but no less than once each

7                calendar year.

8

9




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                               Original Sheet No. 115

 1                                     SCHEDULE 1

 2                 Scheduling, System Control and Dispatch Service

 3

 4            This service is required to schedule the movement of power through, out

 5     of, within, or into a Control Area.   This service can be provided only by the

 6     operator of the Control Area in which the transmission facilities used for

 7     Transmission Service are located.     Scheduling, System Control and Dispatch

 8     Service is to be provided directly by the Transmission Provider (if the

 9     Transmission Provider is the Control Area operator) or indirectly by the

10     Transmission Provider making arrangements with the Control Area operator that

11     performs this service for the Transmission Provider's Transmission System. The

12     Transmission Customer must purchase this service from the Transmission

13     Provider or the Control Area operator. The rates and charges for Scheduling,

14     System Control and Dispatch Service are set out in Appendix A to this Schedule

15     1.   To the extent the Control Area operator performs this service for the

16     Transmission Provider, charges to the Transmission Customer are to reflect only

17     a pass-through of the costs charged to the Transmission Provider by that Control

18     Area operator.

19




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 116

 1                                       APPENDIX A

 2                                            To

 3                                       SCHEDULE 1

 4      The Transmission Customer shall compensate the Transmission Provider each

 5      month for the Reserved Capacity at the applicable charges as set forth in this

 6      Appendix A to Schedule 1.

 7      Charges for Scheduling, System Control and Dispatch Service

 8      1)    Yearly delivery:       one twelfth of $240/MW of Reserved Capacity per
 9                                   year
10
11      2)    Monthly Delivery:      $20/MW of Reserved Capacity per month
12
13      3)    Weekly delivery:       $4.62/MW of Reserved Capacity per week
14
15      4)    Daily Delivery:        $0.70/MW of Reserved Capacity per day
16
17      5)    Hourly Delivery:    $0.03/MW of Reserved Capacity per hour
18
19      Network Integration Transmission Service
20
21      The Network Customer’s monthly Network Load (in kW), as determined in

22      accordance with Section 34.2, times the Monthly Charge for Firm Point-to-Point

23      Service, as set out above.

24




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 117

 1                                      SCHEDULE 2
 2
 3     Reactive Supply and Voltage Control from Generation Sources Service
 4

 5          In order to maintain transmission voltages on the Transmission Provider's

 6   transmission facilities within acceptable limits, generation facilities (under the control

 7   of the control area operator) are operated to produce(or absorb) reactive power.

 8   Thus, Reactive Supply and Voltage Control from Generation Sources Service must

 9   be provided for each transaction on the Transmission Provider's transmission

10   facilities. The amount of Reactive Supply and Voltage Control from Generation

11   Sources Service that must be supplied with respect to the Transmission Customer's

12   transaction will be determined based on the reactive power support necessary to

13   maintain transmission voltages within limits that are generally accepted in the region

14   and consistently adhered to by the Transmission Provider.

15          Reactive Supply and Voltage Control from Generation Sources Service is to

16   be provided directly by the Transmission Provider (if the Transmission Provider is

17   the Control Area operator) or indirectly by the Transmission Provider making

18   arrangements with the Control Area operator that performs this service for the

19   Transmission Provider's Transmission System. The Transmission

20   Customer must purchase this service from the Transmission Provider or the

21   Control Area operator.     A Transmission Customer may satisfy all or part of its

22   obligation through self-provision or purchases provided that the self-provided or


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 118

 1   purchased reactive power reduces the Transmission Provider’s reactive power

 2   requirements and is from generating facilities under the control of the Transmission

 3   Provider or Control Area operator.        The Transmission Customer’s Service

 4   Agreement shall specify any such reactive supply arrangements. To the extent the

 5   Control Area operator performs this service for the Transmission Provider, charges

 6   to the Transmission Customer are to reflect only a pass-through of the costs

 7   charged to the Transmission Provider by the Control Area operator.              The

 8   Transmission Provider’s rates for Reactive Supply and Voltage Control from

 9   Generation Sources Services shall be set out in Appendix A to this Schedule.

10




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                 Original Sheet No. 119

 1                                      APPENDIX A
 2                                          To
 3                                      SCHEDULE 2

 4   Reactive Supply and Voltage Control from Generation Sources Charge Firm
 5   Point-to-Point Transmission Service:
 6
 7   Annual Charge:              $1.2096 per kW-Year
 8   Monthly Charge:             $0.1008 per kW-Month
 9   Weekly Charge:              $0.02326 per kW-Week
10   Daily Charge:               $0.00465 per kW-Day
11
12   Non-Firm Point-to-Point Transmission Service:
13
14   Annual Charge:              $1.2096 per kW-Year
15   Monthly Charge:             $0.1008 per kW-Month
16   Weekly Charge:              $0.02326 per kW-Week
17   Daily Charge:               $0.00465 per kW-Day
18   Hourly Charge:              $0.0002907 per kW-Hour
19
20   The total charge in any week, pursuant to a reservation for Hourly or Daily delivery,
21   shall not exceed the rate specified above for the Weekly Charge times the highest
22   amount in kilowatts of Reserve Capacity in any day during such week. The total
23   charge in any day, pursuant to a reservation for Hourly delivery, shall not exceed
24   the rate specified above for the Daily Charge times the highest amount in kilowatts
25   of Reserved Capacity in any hour during such day.
26
27   Network Integration Transmission Service:
28
29   The Network Customer’s monthly Network Load (in kW), as determined in
30   accordance with Section 34.2, times the Monthly Charge for Firm Point-to-Point
31   Service, as set out above.
32
33
34




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                      Original Sheet No. 120

 1                                       SCHEDULE 3

 2                       Regulation and Frequency Response Service

 3         Regulation and Frequency Response Service is necessary to provide for the

 4   continuous balancing of resources (generation and interchange) with load and for

 5   maintaining scheduled Interconnection frequency at sixty cycles per second (60 Hz).

 6   Regulation and Frequency Response Service is accomplished by committing on-line

 7   generation whose output is raised or lowered (predominantly through the use of

 8   automatic generating control equipment) as necessary to follow the moment-by-

 9   moment changes in load.          The obligation to maintain this balance between

10   resources and load lies with the Transmission Provider (or the Control Area operator

11   that performs this function for the Transmission Provider). The Transmission

12   Provider must offer this service when the transmission service is used to serve load

13   within its Control Area.     The Transmission Customer must either purchase this

14   service     from   the   Transmission   Provider   or    make    alternative   comparable

15   arrangements to satisfy its Regulation and Frequency Response Service obligation.

16   To the extent the Control Area operator performs this service for the Transmission

17   Provider,                       charges                         to                    the




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                                Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                             Substitute Original Sheet No. 121

 1   Transmission Customer are to reflect only a pass-through of the costs charged to

 2   the Transmission Provider by that Control Area operator.

 3          The Transmission Customer may purchase Regulation and Frequency

 4   Response     Service     under   this   Tariff   to   satisfy its   regulation   obligations

 5   commensurate with the amount of Reserved Capacity purchased from the

 6   Transmission Provider. Specifically, the Transmission Customer's total load within

 7   the Transmission Provider's Control Area shall not exceed the Transmission

 8   Customer's Reserved Capacity, and the Transmission Provider shall have no

 9   obligation to provide this service for any other loads of the Transmission Customer.

10   The minimum term for Regulation and Frequency Response Service under this

11   Tariff is one (1) day.

12          The Charge for Regulation and Frequency Response Service shall be $4.818

13   per kW-month, $1.118 per kW-week and $.1584 per kW-day.                    A Transmission

14   Customer purchasing Regulation and Frequency Response Service will be required

15   to purchase an amount of such service equal to 1.35% of the Transmission

16   Customer’s Monthly Network Load, as determined in accordance with Section 34.2,

17   or 1.35% of the Transmission Customer’s Reserved Capacity for Firm Point-to-Point

18   Transmission Service. The billing determinants for this service shall be reduced by

19   the amount (in kW) of Regulation and Frequency Response Service that a

20   Transmission                                                                      Customer




     Issued By: P. J. Evanson
     Issued:     October 15, 2001                      Effective Date: January 1, 2000
     Filed to comply with 96 FERC ¶ 61,289 (2001), Docket No. OA96-39, et al.
    Florida Power & Light Company                       Open Access Transmission Tariff
                                                                 Original Sheet No. 122

1   obtains from a third party or supplies itself within the relevant Control Area; provided

2   that the Transmission Customer shall be responsible, at its own cost, for installing

3   any facilities or equipment necessary to ensure that the service obtained from a

4   third party or self supplied can be done in a manner consistent with Good Utility

5   Practice.

6




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                             Open Access Transmission Tariff
                                                                        Original Sheet No. 123

 1                                        SCHEDULE 4

 2                                   Energy Imbalance Service

 3            Energy Imbalance Service is provided when a difference occurs between the

 4   scheduled and the actual delivery of energy to a load located within a Control Area

 5   over a single hour. The Transmission Provider must offer this service when the

 6   transmission service is used to serve load within its Control Area.                   The

 7   Transmission Customer must either purchase this service from the Transmission

 8   Provider or make alternative comparable arrangements to satisfy its Energy

 9   Imbalance Service obligation. To the extent the Control Area operator performs this

10   service for the Transmission Provider, charges to the Transmission Customer are to

11   reflect only a pass-through of the costs charged to the Transmission Provider by

12   that Control Area operator.

13            In accordance with the procedures set forth in this Schedule 4, the

14   Transmission Provider shall establish a deviation band of +/-1.5 percent (with a

15   minimum of 2 MW) of the scheduled transaction to be applied hourly to any energy

16   imbalance that occurs as a result of the Transmission Customer's scheduled

17   transaction(s). Parties should attempt to eliminate energy imbalances within the

18   limits   of   the   deviation    band   within   thirty    (30)   days.   If   an   energy




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                                  Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                      Substitute Original Sheet No. 124

 1   imbalance is not corrected within thirty (30) days, the Transmission Customer will

 2   compensate the Transmission Provider for such service.         Energy imbalances

 3   outside the deviation band will be subject to charges to be specified by the

 4   Transmission Provider. The minimum term for Energy Imbalance Service under this

 5   Tariff is one (1) day.

 6          Transmission Customers that do not serve load in the FPL Control Area and,

 7   therefore, do not take service under this Schedule 4 shall not be subject to energy

 8   imbalance charges hereunder. To the extent that a Transmission Customer desires

 9   to operate a generating resource within and as part of the FPL Control Area, the

10   terms and conditions relating to the interconnection and the operation of such

11   generating resource, including, but not limited to, provisions addressing unplanned

12   outages of such generating resources, shall be set out in a separate agreement

13   between FPL and the Transmission Customer.

14

15   1.     Energy Imbalance Between 0% and -1.5% of Scheduled Transaction

16          Underscheduling occurs during those hours when the Transmission

17          Customer’s scheduled deliveries to a load within FPL’s Control Area minus

18          the actual delivery of power are between 0% and -1.5% (the minimum range

19          shall    be       deemed   to   be   2MW)of    the    scheduled    delivery,




     Issued By: P. J. Evanson
     Issued:     October 15, 2001                      Effective Date: January 1, 2000
     Filed to comply with 96 FERC ¶ 61,289 (2001), Docket No. OA96-39, et al.
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 125

 1         i.e.,   the   Transmission   Customer’s   schedule   is   deficient   and   the

 2         underscheduled amount results in FPL having provided power to the

 3         Transmission Customer’s load within the Control Area during that hour.

 4         Using time periods consistent with the inadvertent time periods, as they may

 5         be amended from time to time, of the Florida Reliability Coordinating Council

 6         (“FRCC”), FPL will maintain, for the monthly billing period, a running balance

 7         of the amount of energy (in kWh), within each period, that was

 8         underscheduled.

 9

10   2.    Energy Imbalance Between 0% and + 1.5% of Scheduled Transaction

11         Overscheduling occurs during those hours when the Transmission

12         Customer’s scheduled deliveries to a load within FPL’s Control Area minus

13         the actual delivery of power are between 0% and +1.5% (the minimum range

14         shall be deemed to be 2 MW) of the scheduled delivery, i.e., the

15         Transmission Customer’s schedule is in excess and the overscheduled

16         amount results in FPL having accepted power. Using time periods consistent

17         with the inadvertent time periods, as they may be amended from time to time,

18         of the FRCC, FPL will maintain, for the monthly billing period, a running

19         balance of the amount of energy (in kWh), within each period, that was

20         overscheduled.



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 126

 1

 2   3.    Netting of Underscheduled and Overscheduled Balances.

 3         Each billing month, the balances in the various underscheduled accounts

 4         shall be netted against the balances in the corresponding overscheduled

 5         accounts and reconciled. Unless FPL and the Transmission Customer agree

 6         otherwise as set out in their Service Agreement and/or Network Operating

 7         Agreement, the following provisions shall govern the return in kind for

 8         undersheduled and overscheduled balances.

 9

10         a.     Underscheduled Balance:

11                If the balances in the underscheduled accounts are greater than the

12                corresponding balances in the overscheduled account for the monthly

13                billing period, FPL shall notify in writing the Transmission Customer of

14                such   balances    and,   subject   to   making    mutually   acceptable

15                arrangements with FPL, the Transmission Customer will have thirty

16                (30) days (from the postmark of such written notification) to return in

17                kind such balances with FPL by scheduling to FPL the amount of like

18                energy to eliminate any such balances. If, within ten (10) days (from

19                the postmark of the written notification), FPL and the Transmission

20                Customer have not made mutually acceptable arrangements to



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                   Original Sheet No. 127

 1                eliminate   the   balances   in   the   underscheduled   accounts,   the

 2                Transmission Customer will arrange consecutive hourly Scheduled

 3                Energy in deliveries of at least 2 MW during the corresponding FRCC

 4                period until such underscheduled balances are eliminated. No Energy

 5                Imbalance Service Charge will be assessed if the Transmission

 6                Customer eliminates the underscheduled balance(s) within thirty (30)

 7                days (from the postmark of such written notification) of notification by

 8                FPL, or in accordance with mutually acceptable arrangements made

 9                with FPL.

10                In those circumstances where the Transmission Customer fails to

11                eliminate underscheduled balance(s) within thirty (30) days (from the

12                postmark of such written notification) of notification by FPL,     or in

13                accordance with mutually acceptable arrangements made with FPL, a

14                Monthly Energy Imbalance Service Charge will be assessed to the

15                Transmission Customer.       Such Monthly Energy Imbalance Service

16                Charge shall be equal to the amount of energy (in kWh) remaining in

17                the underscheduled balances times the highest incremental cost of

18                energy incurred by FPL during the FRCC period in the month in which

19                the Transmission Customer’s schedule was deficient and FPL




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 128

 1                provided power to the Transmission Customer’s load within the FPL

 2                Control Area.

 3         b.     Overscheduled Balance:

 4                If the balances in the overscheduled accounts are greater than the

 5                balances in the corresponding underscheduled accounts for the

 6                monthly billing period, FPL shall notify in writing the Transmission

 7                Customer of such balances and, subject to mutually acceptable

 8                arrangements having been made between FPL and the Transmission

 9                Customer, FPL will have thirty (30) days (from the postmark of such

10                written notification) to return in kind such balances by scheduling from

11                FPL the amount of like energy necessary to eliminate any such

12                balance(s). If, within ten (10) days (from the postmark of the written

13                notification), FPL and the Transmission Customer have not made

14                mutually acceptable arrangements to eliminate the balances in the

15                overscheduled accounts, FPL will arrange consecutive hourly

16                Scheduled Energy       in deliveries of at least 2 MW during the

17                corresponding FRCC period until such overscheduled balances are

18                eliminated. In those circumstances where the Transmission Customer

19                fails to arrange for FPL to schedule the amount of energy necessary

20                to eliminate the overscheduled balances within thirty (30) days of



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                               Original Sheet No. 129

 1                notification by FPL, or in accordance with mutually acceptable

 2                arrangements made between FPL and the Transmission Customer,

 3                FPL will pay the Transmission Customer an amount equal to the

 4                amount of overscheduled power (in kWh) times the lowest

 5                decremental cost of energy incurred by FPL during the FRCC period

 6                in the month in which the Transmission Customer’s schedule was in

 7                excess and FPL accepted such overscheduled power.

 8   4.    Energy Imbalance in Excess of -1.5% of Scheduled Transaction

 9         If, during any hour of the monthly billing period, the Transmission Customer's

10         scheduled deliveries to a load within FPL's control area minus the actual

11         deliveries of power are in excess of -1.5% (the minimum range shall be

12         deemed to be 2 MW) of the scheduled delivery, i.e., the Transmission

13         Customer's schedule is deficient and the underscheduled amount resulted in

14         FPL having provided power to a Transmission Customer's load within the

15         Control Area during such hours, a Monthly Energy Imbalance Service

16         Charge will be assessed. Underschedules between 0 and -1.5% shall be

17         treated in accordance with the provisions of Sections 1 through 3 of this

18         Schedule 4. The Monthly Energy Imbalance Service Charge shall be equal to

19         the underscheduled amounts in excess of -1.5% (the minimum range shall be

20         deemed to be 2 MW) of the scheduled delivery times the higher of $100 per



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                               Original Sheet No. 130

 1         MWh or 110% of FPL’s incremental cost of energy incurred in each

 2         respective hour in which FPL provided power to the Transmission Customer’s

 3         load within the FPL Control Area.

 4   5.    Energy Imbalance In Excess of +1.5% (2 MW minimum) of Scheduled

 5         Transaction

 6         For each hour during the month by billing period where the Transmission

 7         Customer's scheduled deliveries to a load within FPL's Control Area minus

 8         the actual deliveries of power are in excess of +1.5% (the minimum range

 9         shall be deemed to be 2 MW) of the scheduled delivery, i.e., the

10         Transmission Customer's schedule is in excess and the overscheduled

11         amount resulted in FPL having accepted power, for that portion of the

12         overscheduled amount in excess of +1.5% (the minimum range shall be

13         deemed to be 2 MW) of the scheduled delivery, FPL will reimburse the

14         Transmission Customer on the basis of the lesser of (i) 90% of FPL's

15         decremental cost of energy for each such hour or (ii) the Transmission

16         Customer's incremental cost of energy for each such hour.

17         Overscheduled amounts between 0 and +1.5% shall be treated in

18         accordance with the provisions of Sections 2 and 3 of this Schedule 4.

19




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                 Original Sheet No. 131

 1                                     SCHEDULE 5

 2                   Operating Reserve - Spinning Reserve Service

 3           Spinning Reserve Service is needed to serve load immediately in the event

 4    of a system contingency.       Spinning Reserve Service may be provided by

 5    generating units that are on-line and loaded at less than maximum output. The

 6    Transmission Provider must offer this service when the transmission service is

 7    used to serve load within its Control Area. The Transmission Customer must

 8    either purchase this service from the Transmission Provider or make alternative

 9    comparable arrangements to satisfy its Spinning Reserve Service obligation. To

10    the extent the Control Area operator performs this service for the Transmission

11    Provider, charges to the Transmission Customer are to reflect only a pass-through

12    of the costs charged to the Transmission Provider by that Control Area operator.

13           The Transmission Customer may purchase Operating Reserve - Spinning

14    Reserve Service under this Tariff to satisfy its spinning reserve obligation

15    commensurate with the amount of Transmission Service (MW) purchased from

16    the Transmission Provider. Specifically, for each Long-Term Firm Point-to-Point

17    Transmission          Customer           within          the        Transmission




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                       Substitute Original Sheet No. 132

 1   Provider's Control Area, Operating Reserve - Spinning Reserve Service shall be

 2   available in an amount equal to the spinning reserve obligation (MW) associated

 3   with the level of such Transmission Customer's Reserved Capacity.         For each

 4   Network Integration Transmission Service Customer within the Transmission

 5   Provider's Control Area, Operating Reserve - Spinning Reserve Service shall be

 6   available in an amount equal to the spinning reserve obligation associated with such

 7   Transmission Customer's total Network Load. The minimum term for Operating

 8   Reserve - Spinning Reserve Service under this Tariff is one (1) day. FPL shall

 9   maintain and operate an amount of capacity necessary to meet its obligation under

10   FRCC procedures to carry spinning reserves as a result of the Transmission

11   Customer serving load within the FPL control area for which the Transmission

12   Customer is taking transmission service under this Tariff and Spinning Reserve

13   Service under Schedule 5.

14   A Transmission Customer purchasing Spinning Reserve Service will be required to

15   purchase an amount of such service equal to .43% of the Transmission Customer’s

16   Network Load, as determined in accordance with Section 34.2, for Network

17   Integration Transmission Service or the Transmission Customer’s Reserve Capacity

18   for Firm Point-to-Point Transmission Service times $5.1627 per kW-month, $1.1914

19   per kW-week and $.1697 per kW-day. The billing determinants for this Service will




     Issued By: P. J. Evanson
     Issued:     October 15, 2001                      Effective Date: January 1, 2000
     Filed to comply with 96 FERC ¶ 61,289 (2001), Docket No. OA96-39, et al.
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                        Substitute Original Sheet No. 133

 1   be (i) adjusted to the extent that the FRCC revises the spinning reserve obligation

 2   for FPL and/or assigns a spinning reserve obligation to the Transmission Customer,

 3   or (ii) reduced by an amount (in kW) of Spinning Reserve Service that a

 4   Transmission Customer obtains from a third party or supplies itself; provided that

 5   the Transmission Customer shall be responsible, at its own cost, for installing any

 6   facilities or equipment necessary to ensure that the service obtained from a third

 7   party or self supplied can be done in a manner consistent with Good Utility Practice.

 8   FPL’s provision of energy to an FRCC member in response to a call for spinning

 9   reserves shall not cause a Transmission Customer taking service under this

10   Schedule 5 to be subject to the energy imbalance provisions of Schedule 4.




     Issued By: P. J. Evanson
     Issued:     October 15, 2001                      Effective Date: January 1, 2000
     Filed to comply with 96 FERC ¶ 61,289 (2001), Docket No. OA96-39, et al.
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                  Original Sheet No. 134

 1                                      SCHEDULE 6

 2                  Operating Reserve - Supplemental Reserve Service

 3          Supplemental Reserve Service is needed to serve load in the event of a

 4   system contingency; however, it is not available immediately to serve load but

 5   rather within a short period of time.       Supplemental Reserve Service may be

 6   provided by generating units that are on-line but unloaded, by quick-start generation

 7   or by interruptible load. The Transmission Provider must offer this service when the

 8   transmission service is used to serve load within its Control Area.              The

 9   Transmission Customer must either purchase this service from the Transmission

10   Provider or make alternative comparable arrangements to satisfy its Supplemental

11   Reserve Service obligation. To the extent the Control Area operator performs this

12   service for the Transmission Provider, charges to the Transmission Customer are to

13   reflect only a pass-through of the costs charged to the Transmission Provider by

14   that Control Area operator.

15          The    Transmission    Customer      may   purchase    Operating   Reserve   -

16   Supplemental Reserve Service under this Tariff to satisfy its supplemental reserve

17   obligation commensurate with the amount of Transmission Service (MW) purchased

18   from    the    Transmission     Provider.         Specifically,   for   each   Long-




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                      Substitute Original Sheet No. 135

 1   Term Firm Point-to-Point Transmission Customer within the Transmission

 2   Provider's Control Area, Operating Reserve - Supplemental Reserve Service shall

 3   be available in an amount equal to the supplemental reserve obligation (MW)

 4   associated with the level of such Transmission Customer's Reserved Capacity. For

 5   each Network Integration Transmission Service Customer within the Transmission

 6   Provider's Control Area, Operating Reserve - Supplemental Reserve Service shall

 7   be available in an amount equal to the supplemental reserve obligation associated

 8   with such Transmission Customer's total Network Load. The minimum term for

 9   Operating Reserve - Supplemental Reserve Service under this Tariff is one (1) day.

10   FPL shall maintain and operate an amount of capacity necessary to meet its

11   obligation under FRCC procedures to carry supplemental reserves as a result of the

12   Transmission Customer serving load within the FPL Control Area for which the

13   Transmission Customer is taking transmission service under this Tariff and

14   Supplemental Reserve Service under Schedule 6.

15   A Transmission Customer purchasing Supplemental Reserve Service will be

16   required to purchase an amount of such service equal to 1.31% of the Transmission

17   Customer’s Network Load, as determined in accordance with Section 34.2, for

18   Network Integration Transmission Service or the Transmission Customer’s Reserve

19   Capacity for Firm Point-to-Point Transmission Service time $4.832 per kW-month,

20   $1.1151 per kW-week and $.1589 per kW-day. The billing determinants for this


     Issued By: P. J. Evanson
     Issued:     October 15, 2001                      Effective Date: January 1, 2000
     Filed to comply with 96 FERC ¶ 61,289 (2001), Docket No. OA96-39, et al.
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                        Substitute Original Sheet No. 136

 1   Service will be (i) adjusted to the extent the FRCC revises the supplemental reserve

 2   obligation for FPL and/or assigns a supplemental reserve obligation to the

 3   Transmission Customer, or (ii) reduced by an amount (in kW) of Supplemental

 4   Reserve Service that a Transmission Customer obtains from a third party or

 5   supplies itself; provided that the Transmission Customer shall be responsible, at its

 6   own cost, for installing any facilities or equipment necessary to ensure that the

 7   service obtained from a third party or self supplied can be done in a manner

 8   consistent with Good Utility Practice.    FPL’s provision of energy to an FRCC

 9   member in response to a call for supplemental reserves shall not cause a

10   Transmission Customer taking service under this Schedule 6 to be subject to the

11   energy imbalance provisions of Schedule 4.




     Issued By: P. J. Evanson
     Issued:     October 15, 2001                      Effective Date: January 1, 2000
     Filed to comply with 96 FERC ¶ 61,289 (2001), Docket No. OA96-39, et al.
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 137

 1                                      SCHEDULE 7

 2                     Firm Point-To-Point Transmission Service

 3          The Transmission Customer shall compensate the Transmission Provider

 4   each month for Reserved Capacity at the sum of the applicable charges:

 5

 6   1)     Yearly delivery: One-twelfth of $13,080/MW of Reserved Capacity per year.

 7   2)     Monthly delivery: $1090/MW of Reserved Capacity per month.

 8   3)     Weekly delivery: $251.54/MW of Reserved Capacity per week.

 9   4)     Daily delivery: $35.84/MW of Reserved Capacity per day.

10   The total demand charge in any week, pursuant to a reservation for Daily delivery,

11   shall not exceed the rate specified in section (3) above times the highest amount in

12   kilowatts of Reserved Capacity in any day during such week. Capacity designations

13   at the Point(s) of Receipt shall be inclusive of transmission losses.

14   5)     Discounts: Three principal requirements apply to discounts for transmission

15   service as follows (1) any offer of a discount made by the Transmission Provider

16   must be announced to all Eligible Customers solely by posting on the OASIS, (2)

17   any customer-initiated requests for discounts (including requests for use by one’s

18   wholesale merchant or an affiliate’s use) must occur solely by posting on the

19   OASIS, and (3) once a discount is negotiated, details must be immediately posted

20   on the OASIS. For any discount agreed upon for service on a path, from point(s) of



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
    Florida Power & Light Company                       Open Access Transmission Tariff
                                                             Original Sheet No. 138

1   receipt to point(s) of delivery, the Transmission Provider must offer the same

2   discounted transmission service rate for the same time period to all Eligible

3   Customers on all unconstrained transmission paths that go to the same point(s) of

4   delivery on the Transmission System.

5




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                         Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 139

 1

 2                                       SCHEDULE 8

 3                    Non-Firm Point-To-Point Transmission Service

 4           The Transmission Customer shall compensate the Transmission Provider for

 5   Non-Firm Point-To-Point Transmission Service up to the sum of the applicable

 6   charges:

 7

 8   1) Monthly delivery: shall not exceed $1090/MW of Reserved Capacity per month.

 9   2) Weekly delivery: shall not exceed the $251.54/MW of Reserved Capacity per

10   week.

11   3) Daily delivery: shall not exceed $35.84/MW of Reserved Capacity per day.

12           The total demand charge in any week, pursuant to a reservation for Daily

13   delivery, shall not exceed the rate specified in section (2) above times the highest

14   amount in kilowatts of Reserved Capacity in any day during such week. Capacity

15   designations at the Point(s) of Receipt shall be inclusive of transmission losses.

16   4) Hourly delivery: The basic charge shall be that agreed upon by the Parties at the

17   time this service is reserved and in no event shall exceed $3.14/MW of Reserved

18   Capacity per hour during on-peak hours and $1.49/MW of Reserved Capacity during

19   off-peak hours. The total demand charge in any day, pursuant to a reservation for

20   Hourly delivery, shall not exceed the rate specified in section (3) above times the



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 140

 1   highest amount in kilowatts of Reserved Capacity in any hour during such day. In

 2   addition, the total demand charge in any week, pursuant to a reservation for Hourly

 3   or Daily delivery, shall not exceed the rate specified in section (2) above times the

 4   highest amount in kilowatts of Reserved Capacity in any hour during such week. For

 5   purposes of this Schedule 8, “on-peak hours” shall be 7:00 a.m. through 10:59 p.m.,

 6   Monday through Friday excluding Holidays (Thanksgiving Day, Christmas Day, New

 7   Year’s Day, Memorial Day, Independence Day and Labor Day), and “off-peak hours”

 8   shall be all other hours.

 9   5) Discounts:     Three principal requirements apply to discounts for transmission

10   service as follows (1) any offer of a discount made by the Transmission Provider

11   must be announced to all Eligible Customers solely by posting on the OASIS, (2) any

12   customer-initiated requests for discounts (including requests for use by one’s

13   wholesale merchant or an affiliate’s use) must occur solely by posting on the OASIS,

14   and (3) once a discount is negotiated, details must be immediately posted on the

15   OASIS. For any discount agreed upon for service on a path, from point(s) of receipt

16   to point(s) of delivery, the Transmission Provider must offer the same discounted

17   transmission service rate for the same time period to all Eligible Customers on all

18   unconstrained transmission paths that go to the same point(s) of delivery on the

19   Transmission System.

20



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
    Florida Power & Light Company                     Open Access Transmission Tariff
                                                           Original Sheet No. 141

1                                   SCHEDULE 9

2                                     Losses

3

4

5   Transmission System Average Losses:

6   FPL’s Transmission System average losses (excluding generator step-up losses)

7   are 2.19%

8




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                      Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 142

 1

 2                                       ATTACHMENT A

 3     Form of Service Agreement for Firm Point-To-Point Transmission Service

 4

 5   1.0        This Service Agreement, dated as of _______________, is entered into,

 6              by and between Florida Power & Light Company ("FPL" or the

 7              "Transmission       Provider"),   and   ____________       ("Transmission

 8              Customer").

 9

10   2.0        The Transmission Customer has been determined by FPL to have a

11              Completed Application for Firm Point-To-Point Transmission Service

12              under the Tariff.

13

14   3.0        The Transmission Customer has provided to FPL an Application deposit

15              in accordance with the provisions of Section 17.3 of the Tariff.

16

17   4.0        Service under this Service Agreement shall commence on the latter of

18              (1) the requested service commencement date, or (2) the date on which

19              construction of any Direct Assignment Facilities and/or Network

20              Upgrades are completed, or (3) such other date as it is permitted to



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 143

 1              become effective by the Commission.          Service under this Service

 2              Agreement shall terminate on such date as mutually agreed upon by the

 3              parties.

 4

 5   5.0        FPL agrees to provide and the Transmission Customer agrees to take

 6              and pay for Firm Point-To-Point Transmission Service in accordance

 7              with the provisions of Part II of the Tariff and this Service Agreement.

 8

 9   6.0        Any notice or request made to or by either Party regarding this Service

10              Agreement shall be made to the representative of the other Party as

11              indicated below.

12              FPL:

13                            Attention: Manager, Transmission Services
14                            Florida Power & Light Company
15                            P.O. Box 029100
16                            Miami, FL 33102-9100
17

18              Transmission Customer:

19                                          ___________________________________
20                            __
21                                          ___________________________________
22                            __
23                                          ___________________________________
24                            __
25



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 144

 1   7.0        The Tariff is incorporated herein and made a part hereof.

 2

 3   8.0        This Section intentionally left blank.

 4

 5   9.0        The Transmission Customer will pay to FPL a pro rata share of the

 6              annual charge the FERC assesses to FPL under the FERC's

 7              regulations ("FERC Assessment"), in the form of a "FERC Assessment

 8              Charge".     The applicable FERC Assessment Charge for each

 9              Transmission Customer receiving service under the Tariff shall be equal

10              to the product of (i) the amount of electric energy (expressed in mega-

11              watt hours) transmitted over the FPL Transmission System for the

12              Transmission Customer under the Tariff during the assessment period

13              and (ii) the applicable FERC Assessment rate as such rate appears on

14              the appropriate FERC Statement of Annual Charges. The Transmission

15              Customer will provide to FPL any information needed for the calculation

16              of such charge.      The FERC Assessment Charge will normally be

17              assessed in the year following the year in which service is provided. In

18              the event that the FERC changes the method it utilizes to calculate the

19              FERC Assessment, the FERC Assessment Charge will be calculated in




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 145

 1              a manner consistent with such changed methodology so as to assign to

 2              the Transmission Customer a pro rata share of the FERC Assessment.

 3

 4   10.0       The Transmission Customer will bear the cost of all taxes and fees

 5              (including payments in lieu of taxes and fees), not specifically provided

 6              for in the above charge provisions, that any governmental authority may

 7              impose on FPL as a result of the Firm Point-to-Point Transmission

 8              Service provided to such Transmission Customer, including all fees and

 9              assessments, all sales, gross revenue, and other taxes, and any

10              applicable interest charged on any deficiency assessment made by the

11              taxing authority. Prior to assessing charges under this provision, FPL

12              will make an appropriate filing pursuant to Section 205 of the Federal

13              Power Act.

14

15   11.0       The Transmission Customer may in good faith challenge the

16              correctness of any bill rendered under the Tariff no later than twenty-

17              four (24) months after the date the bill was rendered.       Any billing

18              challenge will be in writing and will state the specific basis for the

19              challenge.   A bill rendered under the Tariff will be binding on the

20              Transmission Customer twenty-four (24) months after the bill is



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 146

 1              rendered, except to the extent of any specific challenge to the bill made

 2              by the Transmission Customer prior to such time.               Customer’s

 3              challenge of any bill rendered under and in accordance with this Tariff is

 4              limited to (i) the arithmetical accuracy of the bill and the use of the

 5              correct rate and billing determinants for the service provided, (ii) the

 6              determination of redispatch costs allocated to the customer, and (iii) the

 7              application of the incremental fuel cost mechanism. FPL will provide

 8              the Customer, upon request, such information as is reasonably

 9              necessary to confirm the correctness of the bill; provided, however, that

10              neither the Customer’s challenge nor the Customer’s request shall

11              serve as a basis for a general audit or investigation of FPL’s books and

12              records.

13

14   12.0       FPL will have the right to adjust any bill rendered under the Tariff no

15              later than twenty-four (24) months after the date the bill was rendered.

16              Any billing adjustment will be in writing and will state the specific basis

17              for the adjustment. A billing adjustment will constitute a new bill for all

18              purposes of the Tariff. A bill rendered under the Tariff will be binding on

19              FPL twenty-four (24) months after the bill is rendered, except to the




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 147

 1              extent of any specific adjustment to the bill made by FPL prior to such

 2              time.

 3

 4   13.0       The Transmission Customer will use reasonable best efforts to have in

 5              the shortest practicable time, but under no circumstances greater than

 6              one (1) year after service begins under the Tariff, sufficient reactive

 7              compensation and control to meet the power factor requirements

 8              specified below (such range to be adhered to except for momentary

 9              deviations or at FPL's written consent) at each interconnection and each

10              Point of Delivery. If the Transmission Customer does not provide the

11              necessary reactive compensation and control to comply with the

12              objectives described in this Section, FPL shall have the unilateral right

13              to install such equipment to meet these standards at the Transmission

14              Customer's expense.

15

                           POWER FACTOR REQUIREMENTS
                        On-Peak
                                      .97 (lagging) to 0.98 (leading)
                         Hours
                        Off-Peak
                                        .95 (lagging) to 1.00 (unity)
                         Hours
16
17              The Power Factor Requirements (PFR) On-Peak hours are the hours

18              during the PFR On Peak Period; the PFR On Peak Period is (1) from


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 148

 1              December 1 through March 31 during the hours from 6 a.m. to 10 a.m.,

 2              and 6 p.m. to 10 p.m. and; (2) from April 1 through November 30 during

 3              the hours from 10 a.m. to 10 p.m., unless and until otherwise changed

 4              by mutual agreement. All other hours besides the PFR On-Peak hours

 5              are PFR "Off-Peak" hours.

 6

 7   14.0       Where the Transmission Customer is acting for or on behalf of other

 8              Eligible Customers that ultimately receive service through the provision

 9              of Transmission Service rendered under this Service Agreement, such

10              Eligible Customers shall provide the indemnification under Section 10.2

11              of the Tariff.

12

13   15.0       Such other terms and conditions that the Parties may agree on or may

14              be required by the nature of the service requested.

15




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 149

 1   IN WITNESS WHEREOF, the Parties have caused this Service Agreement to be

 2   executed by their respective authorized officials.

 3

 4               FPL:
 5
 6
 7   By:         ______________________ _______________ _____________
 8               Name                  Title            Date
 9
10
11               Transmission Customer:
12
13
14   By:         ______________________ ______________            ______________
15               Name                  Title                      Date
16




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                              Original Sheet No. 150

 1                  Specifications For Long-Term Firm Point-To-Point
 2                                  Transmission Service
 3
 4
 5   l.0        Term of Transaction: ________________________________________
 6              Start                                                           Date:
 7              _________________________________________________
 8              Termination                                                     Date:
 9              ___________________________________________
10
11   2.0        Description of capacity and energy to be transmitted by Transmission
12              Provider including the electric Control Area in which the transaction
13              originates.
14              _________________________________________________________
15   ____
16
17   3.0        Point(s)                                                            of
18              Receipt:____________________________________________
19              Delivering
20   Party:______________________________________________
21
22   4.0        Point(s)                                                            of
23              Delivery:____________________________________________
24              Receiving
25   Party:______________________________________________
26
27   5.0        Maximum amount of capacity and energy to be transmitted (Reserved
28              Capacity):__________________________________________


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                         Effective Date: January 1, 2000
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                       Original Sheet No. 151

 1
 2   6.0        Designation       of    Party(ies)      subject     to   reciprocal    service
 3              obligation:_________________________________________________
 4              ___
 5              _________________________________________________________
 6   ____
 7
 8   7.0        Name(s)      of   any   Intervening      Systems      providing   transmission
 9              service:___________________________________________________
10   8.0        Service under this Agreement may be subject to some combination of
11              the charges detailed below.          (The appropriate charges for individual
12              transactions will be determined in accordance with the terms and
13              conditions of the Tariff.)
14
15              8.1     Transmission Charge:
16                      ___________________________________________________
17                      __
18                      ___________________________________________________
19                      __
20              8.2     System Impact(including any Initial Evaluation) and/or Facilities
21                      Study Charge(s):
22                      ___________________________________________________
23                      ____
24                      ___________________________________________________
25                      ____
26
27              8.3     Direct Assignment Facilities Charge:


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                               Effective Date: January 1, 2000
    Florida Power & Light Company                     Open Access Transmission Tariff
                                                           Original Sheet No. 152

1                     ___________________________________________________
2                     ___________________________________________________
3                     _______
4
5              8.4    Ancillary Services Charges:
6                     ___________________________________________________
7                     ___________________________________________________
8                     ______




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                       Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 153

 1                                    ATTACHMENT B
 2
 3   Form of Service Agreement for Non-Firm Point-To-Point Transmission Service
 4
 5
 6   1.0        This Service Agreement, dated as of _______________, is entered into,
 7              by and between Florida Power & Light Company ("FPL" or the
 8              "Transmission     Provider"),    and       ____________     ("Transmission
 9              Customer").
10
11   2.0        The Transmission Customer has been determined by FPL to be a
12              Transmission Customer under Part II of the Tariff and has filed a
13              Completed Application for Non-Firm Point-To-Point Transmission
14              Service in accordance with Section 18.2 of the Tariff.
15
16   3.0        Service under this Agreement shall be provided by FPL upon request by
17              an authorized representative of the Transmission Customer.
18
19   4.0        The Transmission Customer agrees to supply information FPL deems
20              reasonably necessary in accordance with Good Utility Practice in order
21              for it to provide the requested service.
22
23   5.0        FPL agrees to provide and the Transmission Customer agrees to take
24              and pay for Non-Firm Point-To-Point Transmission Service in
25              accordance with the provisions of Part II of the Tariff and this Service
26              Agreement.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 154

 1   6.0        Any notice or request made to or by either Party regarding this Service
 2              Agreement shall be made to the representative of the other Party as
 3              indicated below.
 4
 5              FPL:
 6
 7              Attention: Manager, Transmission Services
 8              Florida Power & Light Company
 9              P.O. Box 029100
10              Miami, FL 33102-9100
11
12
13              Transmission Customer:
14
15              _____________________________________
16
17              _____________________________________
18
19              _____________________________________
20
21

22   7.0        The Tariff is incorporated herein and made a part hereof.

23

24   8.0        The Transmission Customer will pay to FPL a pro rata share of the

25              annual charge the FERC assesses to FPL under the FERC's

26              regulations ("FERC Assessment"), in the form of a "FERC Assessment

27              Charge".    The applicable FERC Assessment Charge for each

28              Transmission Customer receiving service under the Tariff shall be equal

29              to the product of (i) the amount of electric energy (expressed in mega-

30              watt hours) transmitted over the FPL Transmission System for the


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 155

 1              Transmission Customer under this Tariff during the assessment period

 2              and (ii) the applicable FERC Assessment rate as such rate appears on

 3              the appropriate FERC Statement of Annual Charges. The Transmission

 4              Customer will provide to FPL any information needed for the calculation

 5              of such charge.     The FERC Assessment Charge will normally be

 6              assessed in the year following the year in which service is provided. In

 7              the event that the FERC changes the method it utilizes to calculate the

 8              FERC Assessment, the FERC Assessment Charge will be calculated in

 9              a manner consistent with such changed methodology so as to assign to

10              the Transmission Customer a pro rata share of the FERC Assessment.

11

12   9.0        The Transmission Customer will bear the cost of all taxes and fees

13              (including payments in lieu of taxes and fees), not specifically provided

14              for in the above charge provisions, that any governmental authority may

15              impose on FPL as a result of the Firm Point-to-Point Transmission

16              Service provided to such Transmission Customer, including all fees and

17              assessments, all sales, gross revenue, and other taxes, and any

18              applicable interest charged on any deficiency assessment made by the

19              taxing authority. Prior to assessing charges under this provision, FPL

20              will make an appropriate filing pursuant to Section 205 of the Federal

21              Power Act.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 156

 1

 2   10.0       The Transmission Customer may in good faith challenge the

 3              correctness of any bill rendered under the Tariff no later than twenty-

 4              four (24) months after the date the bill was rendered.        Any billing

 5              challenge will be in writing and will state the specific basis for the

 6              challenge.   A bill rendered under the Tariff will be binding on the

 7              Transmission Customer twenty-four (24) months after the bill is

 8              rendered, except to the extent of any specific challenge to the bill made

 9              by the Transmission Customer prior to such time.              Customer’s

10              challenge of any bill rendered under and in accordance with this Tariff is

11              limited to (i) the arithmetical accuracy of the bill and the use of the

12              correct rate and billing determinants for the service provided, (ii) the

13              determination of redispatch costs allocated to the customer, and (iii) the

14              application of the incremental fuel cost mechanism. FPL will provide

15              the Customer, upon request, such information as is reasonably

16              necessary to confirm the correctness of the bill; provided, however, that

17              neither the Customer’s challenge nor the Customer’s request shall

18              serve as a basis for a general audit or investigation of FPL’s books and

19              records.

20   11.0       FPL will have the right to adjust any bill rendered under the Tariff no

21              later than twenty-four (24) months after the date the bill was rendered.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 157

 1              Any billing adjustment will be in writing and will state the specific basis

 2              for the adjustment. A billing adjustment will constitute a new bill for all

 3              purposes of the Tariff. A bill rendered under the Tariff will be binding on

 4              FPL twenty-four (24) months after the bill is rendered, except to the

 5              extent of any specific adjustment to the bill made by FPL prior to such

 6              time.

 7

 8   12.0       The Transmission Customer will use reasonable best efforts to have in

 9              the shortest practicable time, but under no circumstances greater than

10              one (1) year after service begins under the Tariff, sufficient reactive

11              compensation and control to meet the power factor requirements

12              specified below (such range to be adhered to except for momentary

13              deviations or at FPL's written consent) at each interconnection and each

14              Point of Delivery. If the Transmission Customer does not provide the

15              necessary reactive compensation and control to comply with the

16              objectives described in this Section, FPL shall have the unilateral right

17              to install such equipment to meet these standards at the Transmission

18              Customer's expense.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 158

 1

                             POWER FACTOR REQUIREMENTS
                         On-Peak
                                     .97 (lagging) to 0.98 (leading)
                          Hours
                         Off-Peak
                                       .95 (lagging) to 1.00 (unity)
                          Hours
 2

 3              The Power Factor Requirements (PFR) On-Peak hours are the hours

 4              during the PFR On Peak Period; the PFR On Peak Period is (1) from

 5              December 1 through March 31 during the hours from 6 a.m. to 10 a.m.,

 6              and 6 p.m. to 10 p.m. and; (2) from April 1 through November 30 during

 7              the hours from 10 a.m. to 10 p.m., unless and until otherwise changed

 8              by mutual agreement. All other hours besides the PFR On-Peak hours

 9              are PFR "Off-Peak" hours.

10

11   13.0       Where the Transmission Customer is acting for or on behalf of other

12              Eligible Customers that ultimately receive service through the provision

13              of Transmission Service rendered under this Service Agreement, such

14              Eligible Customers shall provide the indemnification under Section 10.2

15              of the Tariff.

16

17   14.0       Such other terms and conditions that the Parties may agree on or may

18              be required by the nature of the service requested.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                               Original Sheet No. 159

 1

 2   15.0       Pursuant to Section 14.5 of the Tariff, to the extent that the

 3              Transmission Customer exceeds its non-firm capacity reservation, the

 4              Transmission Customer shall pay a charge based on a rate equal to

 5              200% of the rate for the transmission service provided multiplied by the

 6              amount of the maximum excess usage in any hour during the period of

 7              the Transmission Customer’s reservation. For example, if the excess

 8              usage occurs during a reservation for weekly service, the 200% charge

 9              is to be twice the rate for such weekly service; provided, however, that

10              for transactions longer than one month, the 200% charge will apply to

11              the monthly rate. Losses delivered to the FPL Transmission System by

12              the Transmission Customer will not be included in the Transmission

13              Customer’s usage for determination of the charge set out herein.

14




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 160

 1   IN WITNESS WHEREOF, the Parties have caused this Service Agreement to be

 2   executed by their respective authorized officials.

 3

 4
 5   FPL:
 6
 7
 8   By:         __________________________           _______________ ____________
 9               Name                                 Title           Date
10
11
12   Transmission Customer:
13
14
15   By:         __________________________           ________________ ____________
16               Name                                 Title            Date
17
18
19




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 161

 1                                    ATTACHMENT C
 2
 3                Methodology to Assess Available Transfer Capability
 4
 5
 6   DEFINITIONS:
 7   The following definitions are based on the NERC "Available Transfer Capability
 8   Definitions and Determination" ("ATCDAD") document approved May 1996:
 9
10   i)         Available Transfer Capability (ATC) - The measure of the transfer
11              capability remaining in the physical transmission network for further
12              commercial activity, over and above already committed uses.
13
14   ii)        Total Transfer Capability (TTC) - The amount of electric power that
15              can be transferred over the interconnected transmission network in a
16              reliable manner while meeting all of a specific set of defined pre- and
17              post- contingency system conditions.
18
19   iii)       Transmission Reliability Margin (TRM) - The amount of transmission
20              transfer capability necessary to ensure that the interconnected
21              transmission network is secure under a reasonable range of
22              uncertainties in system conditions.
23
24   iv)        Capacity Benefit Margin (CBM) - The amount of transmission transfer
25              capability reserved by load serving entities to ensure access to
26              generation from interconnected systems to meet generation reliability
27              requirements.
28
29   v)         Recallability - The right of a transmission provider to interrupt all or part
30              of a transmission service for any reason, including economic, that is
31              consistent with FERC policy and the transmission provider's
32              transmission service tariffs or contract provisions.
33
34   METHODOLOGY:
35   FPL will determine the ATC for transfers consistent with the "North American
36   Electric Reliability Council" ("NERC") Guidelines contained in the "Transfer
37   Capability: A Reference Document" issued May 1995 and NERC's ATCDAD.
38
39   ATC for firm (nonrecallable) transmission service requests will be determined by
40   performing studies, as necessary, that assess the ATC for the time period
41   requested. FPL will post ATC on the "Open Access Same-Time Information

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                             Open Access Transmission Tariff
                                                                    Original Sheet No. 162

 1   System" ("OASIS") based on the actual or projected system conditions (e.g.,
 2   generating units on-line, transmission facilities out for maintenance, scheduled
 3   transactions, etc.).
 4
 5   In general, the "area-to-area" method will be used to determine the interface
 6   capabilities with other entities; however, the Florida/Southern interface is a shared
 7   interface which is allocated among its interface owners pursuant to specific
 8   allocation agreements that are on file at the FERC. Therefore, FPL will base its
 9   ATC calculations for the Florida/Southern interface on its allocated share of the TTC
10   for the Florida/Southern interface.
11
12   Determination of ATC
13
14   The TTC will be determined using the most current loadflow base cases with all
15   facilities available and dispatching each area economically to meet their
16   commitments. The criteria used will be consistent with FPL's latest FERC 715 filing.
17   Each interface TTC will be determined on a non-simultaneous basis with each
18   respective interface within Florida modeled simultaneously with the
19   Florida/Southern interface at "Nonrecallable Reserved" ("NRes") level.
20
21   The NRes will be determined by adding the CBM to the existing firm (nonrecallable)
22   commitments (EC). i.e., NRes = CBM + EC.
23
24   The CBM will be determined by using reliability analyses (e.g., "Loss of Load
25   Probability" ("LOLP") or other applicable analyses), and the appropriate amount of
26   transmission interface capability will be reserved for CBM on a per interface basis.
27
28   The TRM will be determined by the difference between TTC, with all generating
29   units available, and the amount of transfer capability with a critical generating unit to
30   the particular interface being unavailable, plus the appropriate amount of "Operating
31   Reserves" ("ORes") for that interface. TRM must recognize changing operating
32   conditions that may occur in very short periods of time, and cannot be definitely
33   projected without the provision of a transfer capability margin. Therefore, a security
34   margin may need to be a consideration as part of the TRM determination.
35
36   The ORes will be determined within Florida on an interface by interface basis by
37   modeling each utility's allocated share of the statewide operating reserve
38   requirements consistent with the latest FCG Florida Specific Procedures for
39   operating reserves or other methods which may be applicable in the future. ORes
40   is only applicable to interfaces within Florida.
41


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                              Original Sheet No. 163

 1   The "Nonrecallable Available Transfer Capability" ("NATC") will be determined by
 2   subtracting from the interface's TTC, its associated TRM and NRes. i.e., NATC =
 3   TTC - (TRM + NRes).
 4
 5   The "Recallable Available Transfer Capability" ("RATC"), will be determined by
 6   subtracting from the interface's TTC, the applicable portion of the TRM, NRes and
 7   "Recallable Reserved" ("RRes"). i.e., RATC = TTC - (aTRM + NRes + RRes),
 8   where
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26   0 < a < 1 determines the amount of TRM which can be made available to ATC on a
27   recallable basis based on the system's reliability concerns.
28
29   Refer to Figure 1 for an illustration of the terms used above and assume for
30   simplicity that the reserved amounts are equal to the actual scheduled amounts.




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                         Effective Date: January 1, 2000
    Florida Power & Light Company                        Open Access Transmission Tariff
                                                              Original Sheet No. 164

1
2




                                               TTC
                a                             TRM (includes ORes inFLA)


                    RATC
                                                NATC

                                RRes


                        NRes (includes CBM)


                            Figure 1.




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 165

 1                                  ATTACHMENT D
 2
 3               Methodology for Completing a System Impact Study
 4
 5   SYSTEM IMPACT STUDY PROCEDURE
 6   The Transmission Provider will perform studies, when necessary, that assess
 7   whether sufficient transmission capacity is available to provide a requested
 8   Transmission Service. The Transmission Provider will use the same due diligence
 9   in completing the studies for a Transmission Customer as it uses when completing
10   studies for itself. The Transmission Provider will follow planning guidelines
11   consistent with North American Electric Reliability Council (NERC), Southeastern
12   Electric Reliability Council (SERC) and Florida Electric Power Coordinating Group,
13   Inc. (FCG), or their successors, in addition to company-specific planning criteria.
14   These guidelines, along with planning methodologies and data, are consistent with
15   FERC Form No. 715, Annual Transmission Planning and Evaluation Report, filed
16   and updated each year by the Transmission Provider. In determining the level of
17   capacity available for new Transmission Service requests, the Transmission
18   Provider may exclude from capacity to be made available for new Transmission
19   Service requests, that capacity needed to meet current and reasonably forecasted
20   demand of Native Load Customers, existing Network Integration Transmission
21   Service customers, customers with existing firm contracts and potential customers
22   having pending valid requests for Long-Term Firm Point-To-Point Transmission and
23   for Network Integration Transmission Service under the Tariff.
24
25
26   1.0      NEED FOR SYSTEM IMPACT STUDY
27
28            Upon receipt of a completed Application FPL will perform an initial
29            evaluation to determine if it can accommodate the Transmission
30            Customer's request for Long-Term Firm Point-To-Point Transmission
31            Service or Network Integration Transmission Service for the full amount
32            and term requested without the need for a System Impact Study ("Initial
33            Evaluation").
34
35            The Transmission Customer is responsible for a charge associated with
36            the Initial Evaluation, the amount of such charge will be deducted from the
37            Transmission Customer's deposit, should the Transmission Customer
38            elect not to proceed with a Service Agreement. On the other hand, should
39            the Transmission Customer elect to execute a Service Agreement, the
40            amount of the charge for the Initial Evaluation will be specified in the
41            Service Agreement.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 166

 1
 2            FPL will provide the Transmission Customer the results of the Initial
 3            Evaluation no later than thirty (30) days following receipt by FPL of the
 4            completed Application.
 5
 6            In the event FPL determines through an Initial Evaluation that adequate
 7            capacity is available on the FPL transmission system to provide the
 8            requested service, a System Impact Study is not required; therefore, FPL
 9            will tender a Service Agreement to the Transmission Customer no later
10            than thirty (30) days following the receipt by FPL of the completed
11            Application. Failure of the Transmission Customer to execute and return
12            the Service Agreement within fifteen (15) days after it is tendered by the
13            Transmission Provider will be deemed a withdrawal and termination of the
14            Application.
15
16            In the event FPL determines through an Initial Evaluation that a System
17            Impact Study is required to identify any impacts which the requested
18            transmission service could have on the operation and reliability of FPL's
19            transmission system, then FPL will tender a System Impact Study
20            Agreement ("Study Agreement") to the Transmission Customer, the form
21            of which is hereby included as Exhibit 1 to this Attachment D, no later than
22            thirty (30) days following the receipt by FPL of the completed Application.
23            Failure of the Transmission Customer to execute and return the Study
24            Agreement within fifteen (15) days after it is tendered by the Transmission
25            Provider will be deemed a withdrawal and termination of the Application.
26
27   2.0      PERFORMANCE OF SYSTEM IMPACT STUDY
28
29            Transmission Provider agrees to perform the System Impact Study for the
30            Transmission Customer.
31
32            Transmission Customer agrees to provide the Transmission Provider the
33            information set forth in Appendix No. 1 to the Study Agreement (Exhibit 1
34            to this Attachment D).
35
36            Transmission Customer agrees to compensate the Transmission Provider
37            in accordance to the provisions set forth in the Study Agreement (Exhibit 1
38            to this Attachment D).
39
40   3.0      SCOPE OF SYSTEM IMPACT STUDY
41


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 167

 1            In the event FPL determines through an Initial Evaluation that a System
 2            Impact Study is required to identify any impacts which the requested
 3            transmission service could have on the operation and reliability of FPL's
 4            transmission system, then FPL will include the following information in the
 5            Study Agreement (Exhibit 1 to this Attachment D):
 6
 7                  (1)    the principal assumptions to be provided by the
 8                         Transmission Customer upon which the System Impact
 9                         Study will be based;
10
11                  (2)    the criteria and principal procedures to be employed by FPL
12                         in performing the System Impact Study; and
13
14                  (3)    an estimate of the cost of performing the System Impact
15                         Study.
16
17            To the extent the System Impact Study results indicate that FPL's
18            operations will be constrained or that the reliability of the transmission
19            system may be adversely affected by the provision of the transmission
20            service requested, the System Impact Study will identify and quantify any
21            restrictions.
22
23   4.0      SCHEDULE FOR COMPLETION
24
25            FPL will complete the System Impact Study no later than sixty (60) days
26            following the latter of 1) receipt by FPL of an executed Study Agreement,
27            or 2) the Transmission Customer having provided FPL with the data set
28            forth in Appendix No. 1 to the Study Agreement (Exhibit 1 to this
29            Attachment D).
30
31            If the System Impact Study results indicate that FPL can provide the
32            requested service from existing transmission capacity, FPL will provide
33            the Transmission Customer a Service Agreement upon completion of the
34            System Impact Study. Failure of the Transmission Customer to execute
35            and return the Service Agreement within fifteen (15) days after it is
36            tendered by the Transmission Provider will be deemed a withdrawal and
37            termination of the Application.
38
39            If the System Impact Study results indicate that FPL will be required to
40            construct and/or install incremental facilities, and the Transmission
41            Customer so requests, FPL will provide the Transmission Customer within

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 168

 1            thirty (30) days upon completion of the System Impact Study a Facilities
 2            Study Agreement, the form of which is hereby included as Exhibit 2 to this
 3            Attachment D. Failure of the Transmission Customer to execute and
 4            return the Facilities Study Agreement within fifteen (15) days after it is
 5            tendered by the Transmission Provider will be deemed a withdrawal and
 6            termination of the Application.
 7
 8            If FPL determines that additional time is required, due to the complexity of
 9            the request, or due to the number of applications received from others,
10            FPL shall so notify the Transmission Customer on a timely basis and
11            provide an estimate of the number of days needed to complete the System
12            Impact Study, and/or the number of additional days required to provide the
13            Service Agreement to the Transmission Customer.
14




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 169

 1                            EXHIBIT 1 TO ATTACHMENT D
 2
 3
 4                                  FORM OF
 5                       SYSTEM IMPACT STUDY AGREEMENT
 6                                  BETWEEN
 7                       FLORIDA POWER & LIGHT COMPANY
 8                                    AND
 9                       TRANSMISSION SERVICE CUSTOMER
10
11
12
13             THIS SYSTEM IMPACT STUDY AGREEMENT ("Study Agreement")

14   between       Florida    Power      &      Light    Company        ("FPL")     and

15   _____________________________________ ("Transmission Customer") is made

16   and entered into this ______ day of ___________, _______.

17

18                                    WITNESSETH

19

20             WHEREAS, Transmission Customer, has requested that FPL provide it

21   with Long-Term Firm Point-To-Point Transmission Service or Network Integration

22   Transmission Service under FPL's Open Access Transmission Tariff;

23

24             WHEREAS, in order to conduct the System Impact Study ("Study") that

25   will analyze the impact of the type of transmission service requested by the

26   Transmission Customer on FPL's transmission system, the Transmission Customer

27   has provided FPL certain information as may be required to perform the Study; and

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 170

 1

 2             NOW, THEREFORE, in consideration of the foregoing premises and of the

 3   benefits to be obtained from the covenants herein, FPL and the Transmission

 4   Customer agree as follows:

 5

 6        1.     This Study Agreement shall not be used by either Party for any purpose

 7               other than enforcement of the terms of the Study Agreement.

 8

 9        2.     FPL and the Transmission Customer agree that any data provided

10               pursuant to this Study Agreement and designated confidential by the

11               providing Party will be kept confidential, and that neither Party will

12               disclose such designated data; provided, however, that either Party may

13               disclose such confidential designated data in any manner consistent

14               with a written consent to such disclosure obtained from the providing

15               Party prior to such disclosure.

16        3.     In the event that one Party is required by a state or federal regulatory

17               authority or court to disclose data previously provided under the Study

18               by the other Party under a confidentiality designation, the Party subject

19               to such requirement shall exercise reasonable best efforts to obtain a

20               confidentiality agreement or appropriate protective order with such state

21               or federal regulatory authority or court, as applicable, to preserve the

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 171

 1              confidentiality of the designated data to be disclosed. Further, upon

 2              receipt of such    a demand for the data, the receiving Party shall

 3              immediately notify the other Party.

 4

 5        4.    FPL and the Transmission Customer agree that the purpose of the

 6              Study will be to identify any impacts which the Transmission Service

 7              requested by the Transmission Customer could reasonably be

 8              anticipated to have on the operation and reliability of FPL's

 9              Transmission System.     The System Impact Study shall identify any

10              system constraints, additional Direct Assignment Facilities or Network

11              Upgrades required to provide the requested Transmission Service.

12        5.    Appendix No. 1 of this Study Agreement sets out the informational data

13              to be provided by the Transmission Customer upon which the Study will

14              be based. Part I of Appendix No. 1 sets out the principal information

15              required to be provided by the Transmission Customer for the Study in

16              response to a Point-To-Point Transmission Service request; Part II of

17              Appendix No. 1 sets out the principal information required to be

18              provided by the Transmission Customer in response to a Network

19              Integration Transmission Service request.

20




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                         Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 172

 1        6.    Appendix No. 2 of this Study Agreement sets out the criteria and a

 2              description of the principal procedures to be employed by FPL in

 3              performing the Study.

 4

 5        7.    FPL shall provide the Study results to the Transmission Customer no

 6              later than sixty (60) days following the latter of 1) the execution of this

 7              Study Agreement, or 2) the Transmission Customer having provided

 8              FPL the data specified in Appendix No. 1 to this Study. To the extent

 9              FPL completes the Study in a shorter period of time, FPL will provide

10              the Transmission Customer with the results of this Study as soon as it is

11              completed.

12

13        8.    After FPL presents the Study results to the Transmission Customer: 1) if

14              the Study indicates that FPL can provide all the requested service from

15              existing capacity, FPL will provide the Transmission Customer an

16              executable Service Agreement, or 2) if the Study indicates that FPL will

17              be required to construct and/or install incremental facilities, and if the

18              Transmission Customer so requests, FPL will provide the Transmission

19              Customer within thirty (30) days a Facilities Study Agreement, the form

20              of which is incorporated as Exhibit 2 to this Attachment D.

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                               Original Sheet No. 173

 1        9.    The actual cost of the Study is estimated by FPL to be_____________

 2              ____________dollars ($            ). The Transmission Customer will be

 3              responsible for such cost. The Transmission Customer will deposit with

 4              FPL                  dollars ($          ) within fifteen (15) days of the

 5              date of execution of this Study Agreement.      The actual cost of the

 6              Study, less the          dollars ($        ) deposit, will be billed to the

 7              Transmission Customer, subject to FPL providing the Transmission

 8              Customer with the results of the Study. Payment by the Transmission

 9              Customer to FPL of such cost will be due no later than twenty (20) days

10              from the date of mailing (as determined by postmark) of the bill. FPL

11              will provide the Transmission Customer with documentation of the costs

12              at the time FPL bills the Transmission Customer for the Study.

13

14        10.   In the event FPL is unable to complete the Study within the time period

15              specified above, FPL shall notify the Transmission Customer and shall

16              provide an estimate completion date along with an explanation of the

17              reasons why additional time is required to complete the Study.

18




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 174

 1

 2         IN WITNESS WHEREOF, the Parties hereto have caused this Study

 3   Agreement to be executed by their duly authorized officers effective as of the date

 4   first written above.

 5
 6
 7
 8                                          FLORIDA POWER & LIGHT COMPANY
 9
10
11
12   Date:_____________________             By:_______________________________
13
14                                          Title:______________________________
15
16
17
18                                          TRANSMISSION CUSTOMER
19
20
21
22   Date:_____________________             By:________________________________
23
24                                          Title:______________________________
25
26
27
28




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 175

 1             APPENDIX NO. 1 TO EXHIBIT 1 TO ATTACHMENT D
 2        INFORMATION TO BE PROVIDED BY TRANSMISSION CUSTOMER
 3
 4   PART I
 5
 6   To be provided by the Transmission Customer when a System Impact Study is
 7   performed in response to a Long-Term Firm Point-To-point Transmission Service
 8   request.
 9
10   Informational Data:
11
12   The informational data provided pursuant to Section 18.2 of FPL's Open Access
13   Transmission Tariff and any other pertinent information necessary to properly
14   analyze the Transmission Customer's request for Long-Term Firm Point-To-Point
15   Transmission Service shall be specifically delineated in this Appendix and agreed to
16   between FPL and the Transmission Customer.
17
18   PART II
19
20   To be provided by Transmission Customer when a System Impact Study is
21   performed in response to a Network Integration Transmission Service request.
22
23   Informational Data:
24
25   The informational data provided pursuant to Section 29.2 of FPL's Open Access
26   Transmission Tariff and any other pertinent information necessary to properly
27   analyze the Transmission Customer's request for Network Integration Transmission
28   Service shall be specifically delineated in this Appendix and agreed to between FPL
29   and the Transmission Customer. More specifically, the following are the typical
30   types of information that will be needed to be provided to FPL by the Transmission
31   Customer in paper summary and in electronic format, as applicable.
32
33   LOAD:          Coincident (with the Transmission Customer's load) and non-
34                  coincident load projection for the term of the transmission service
35                  for each delivery point along with the corresponding power factor.
36
37   GENERATION: Capacity plan along with the capability of each generating unit (i.e.,
38               real and reactive power) and heat rate curves and/or sufficient data
39               to dispatch the Transmission Customer's resources.
40
41                         On Peak /Off Peak cases will be analyzed.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                               Original Sheet No. 176

 1
 2   INTERCHANGE
 3   SCHEDULE: Long-term firm transactions, specifying receipt and delivery points,
 4              duration of transactions, and underlying agreements.
 5
 6   STUDY
 7   HORIZON:       Expected system conditions for planning horizon will be
 8                  represented in the Study. It may be necessary to represent other
 9                  years beyond the planning horizon depending on the results of the
10                  Study.
11
12   MODEL: Latest transmission model for utility and/or member systems, including, but
13          not limited to, compensating devices, line impedances, transformers, and
14          other pertinent data. Also, transient stability and short circuit data for
15          generators.
16
17
18




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                             Open Access Transmission Tariff
                                                                    Original Sheet No. 177

 1          APPENDIX NO. 2 TO EXHIBIT 1 TO ATTACHMENT D
 2                    CRITERIA AND STUDY PROCEDURE
 3
 4   CRITERIA:
 5
 6   Criteria will be in conformance with criteria in FPL's latest Form 715 filing.
 7
 8   STUDY PROCEDURE:
 9
10   Task 1.0:         Case Development

11   The FCG data bank for years _______________ will be used as a basis with the

12   necessary detailed data added for the Study.

13   Task 2.0:         Analyses

14   Load flow analyses for the FPL system will be performed. Thermal and reactive

15   limitations will be identified.

16   Transient Stability Analysis will be performed as required to determine reliability

17   impact of request on the FPL system. Cases will be used with worst but probable

18   dispatches.

19   Short Circuit Analysis will be performed as required to determine reliability impact

20   on the FPL system.

21   In addition, FPL may perform other special studies as may be necessary.

22   Task 3.0:         Documentation of Results

23   Document in report form the assumptions, methodology, and results of the study.

24                               EXHIBIT 2 TO ATTACHMENT D

25                                         FORM OF
26                              FACILITIES STUDY AGREEMENT

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                               Open Access Transmission Tariff
                                                                      Original Sheet No. 178

 1                                    BETWEEN
 2                         FLORIDA POWER & LIGHT COMPANY
 3                                      AND
 4                         TRANSMISSION SERVICE CUSTOMER
 5
 6   THIS FACILITIES STUDY AGREEMENT ("Facilities Agreement") between Florida

 7   Power & Light ("FPL") and ____________________________________________

 8   ("Transmission Customer") is made and entered into this ____ day of ___________

 9   , ______ .

10

11

12                                      WITNESSETH

13

14             WHEREAS, Transmission Customer has requested that FPL provide it

15   with Long-Term Firm Point-To-Point Transmission Service or Network Integration

16   Transmission Service under FPL's Open Access Transmission Tariff;

17

18             WHEREAS, in order to provide the requested transmission service FPL

19   has conducted a System Impact Study as requested by the Transmission

20   Customer, and the results of such Study have determined that FPL will be required

21   to construct and/or install incremental facilities; and

22




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                                 Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 179

 1            NOW, THEREFORE, in consideration of the foregoing premises and of the

 2   benefits to be obtained from the covenants herein, FPL and the Transmission

 3   Customer agree as follows:

 4

 5   1.       This Facilities Agreement shall not be used by either Party for any purpose

 6            other than enforcement of the terms of the Facilities Agreements.

 7

 8

 9   2.       FPL and the Transmission Customer agree that any data provided

10            pursuant to this Facilities Agreement and designated confidential by the

11            providing Party will be kept confidential, and that neither Party will disclose

12            such designated data; provided, however, that either Party may disclose

13            such confidential designated data in any manner consistent with a written

14            consent to such disclosure obtained from the providing Party prior to such

15            disclosure.

16   3.       In the event that one Party is required by a state or federal regulatory

17            authority or court to disclose data previously provided under the Facilities

18            Agreement by the other Party under a confidentiality designation, the Party

19            subject to such requirement shall exercise reasonable best efforts to

20            obtain a confidentiality agreement or appropriate protective order with

21            such state or federal regulatory authority or court, as applicable, to

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 180

 1            preserve the confidentiality of the designated data to be disclosed.

 2            Further, upon receipt of such a demand for the data, the receiving Party

 3            shall immediately notify the other Party.

 4

 5   4.       FPL and the Transmission Customer agree that the purpose of the

 6            Facilities Study is to identify what specific incremental facilities, including

 7            enhancements, modifications, additions or deletions that will be required in

 8            order for FPL to provide the requested Long-Term Firm Point-To-Point

 9            Transmission Service or Network Integration Transmission Service and

10            the associated costs thereof.

11

12   5.       FPL shall provide the Facilities Study results no later than sixty (60) days

13            following the latter of 1) execution of this Facilities Agreement, or 2) the

14            Transmission Customer having provided FPL any information requested

15            by FPL in order to complete the Facilities Study.         To the extent FPL

16            completes the Facilities Study in a shorter period of time, FPL will provide

17            the Transmission Customer with the results of this Facilities Study as soon

18            as completed.      To the extent FPL is unable to complete the Facilities

19            Study within the time frame specified above, FPL will notify the

20            Transmission Customer and provide an estimate of the time needed to

21            complete the Facilities Study.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 181

 1

 2   6.       The results of the Facilities Study will include a good faith estimate of 1)

 3            the cost of the Direct Assignment Facilities to be charged to the

 4            Transmission Customer, 2) FPL's appropriate share of the cost of any

 5            required Network Upgrades as determined pursuant to the provisions of

 6            Part II of the Tariff, and 3) the time required to complete such construction

 7            and initiate the requested Transmission Service.

 8

 9   7.       The actual cost of the Facilities Study is estimated by FPL to be ________

10            dollars ($          ). The Transmission Customer will be responsible for

11            such cost.      The Transmission Customer will deposit with FPL

12            dollars ($         ) within fifteen (15) days of the date of execution of this

13            Facilities Agreement.   The actual cost of the Facilities Study, less the

14            dollars ($           ) deposit, will be billed to the Transmission Customer,

15            subject to FPL providing the Transmission Customer with copies of the

16            results of the Facilities Study. Payment by the Transmission Customer to

17            FPL of such cost will be due no later than twenty (20) days from the date

18            of mailing (as determined by postmark) of the Facilities Study bill. FPL will

19            provide the Transmission Customer with documentation of the costs at the

20            time FPL bills the Transmission Customer for the Facilities Study.

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                              Original Sheet No. 182

 1

 2   8.       Upon completion of the Facilities Study and at the request of the

 3            Transmission Customer, FPL shall provide the customer an executable

 4            Service Agreement. The Transmission Customer shall have thirty (30)

 5            days to execute the Service Agreement.

 6

 7   9.       At the time the Transmission Customer executes the Service Agreement,

 8            and prior to the commencement of any construction and other activities

 9            attendant thereto, the Transmission Customer shall provide FPL with an

10            unconditional and irrevocable letter of credit or other form of security

11            acceptable to FPL equivalent to the costs of new facilities or upgrades

12            consistent with commercial practices as established by the Uniform

13            Commercial Code that protects FPL against the risk of non-payment for

14            such costs.

15




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                         Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 183

 1             IN WITNESS WHEREOF, the Parties hereto have caused this Facilities

 2   Agreement to be executed by their duly authorized officers effective as of the date

 3   first written above.

 4
 5
 6
 7                                          FLORIDA POWER & LIGHT COMPANY
 8
 9
10
11   Date:     ______________
12
13   By:       ____________________________________
14
15   Title:    ____________________________________
16
17
18
19                                          TRANSMISSION CUSTOMER
20
21
22
23   Date:     _______________
24
25   By:       ____________________________________
26
27   Title:    ____________________________________
28
29




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                   Open Access Transmission Tariff
                                                          Original Sheet No. 184

 1                               ATTACHMENT E
 2
 3            Index of Point-To-Point Transmission Service Customers
 4
 5                                                                Date of
 6            Customer                                      Service Agreement
 7
 8   AES Power, Inc                                        01/04/95
 9   AIG Trading Corp                                            12/01/97
10   AEP - American Electric Power                               03/01/97
11   Amoco Trading                                               07/01/98
12   Aquila Power Corp.                                          03/01/97
13   AYP Energy                                                  07/01/97
14   Calpine Power Services Company                              07/01/96
15   Carolina Power & Light Company                              10/01/99
16   Catex Vitol                                                 07/19/95
17   Cinergy Corp.                                               06/01/97
18   City of Gainesville                                         04/12/95
19   City of Homestead                                           04/10/95
20   City of Kissimmee                                           04/10/95
21   City of Lake Worth                                          03/24/95
22   City of Lakeland                                            08/02/95
23   City of New Smyrna Beach                                    07/09/96
24   City of St. Cloud                                           05/25/95
25   City of Tallahassee                                         04/12/95
26   Coastal Electric Service                                    11/24/95
27   Columbia Power Marketing                                    05/01/98
28   Constellation Power                                         08/01/97
29   Coral power L.L.C.                                          09/01/96
30   Duke Energy Trading & Marketing                             01/01/98
31   Duke/Louis Dreyfus                                          07/19/96
32   Dynegy Power Marketing                                      01/01/96
33   El Paso Power Services Company                              12/11/98
34   EnerZ                                                       04/01/98
35   Engage                                                      04/01/98
36   Englehard Power Marketing                                   10/24/95
37   Enron Power Marketing                                       07/08/94
38   Entergy Power Marketing, Corp.                              03/01/97
39   Equitable Power Services                                    06/01/97
40   FPL-EMT                                                           01/01/97
41   Federal Energy Sales, Inc                                   05/22/96

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                     Effective Date: January 1, 2000
     Florida Power & Light Company                   Open Access Transmission Tariff
                                                          Original Sheet No. 185

 1   Florida Municipal Power Agency                              04/01/96
 2   Florida Power Corporation                                   04/12/95
 3   Georgia Transmission Corporation                            12/21/98
 4   Heartland Energy Services, Inc.                             02/26/96
 5   Industrial Energy Applications, Inc.                        11/01/95
 6   Jacksonville Electric Authority                             04/27/95
 7   Koch Power Services, Inc.                                   09/25/95
 8   LG&E Power Marketing, Inc.                                  12/12/94
 9   Louis Dreyfus Electric Power, Inc.                          12/19/94
10   Merchant Energy Group of the America (MEGA)                 07/01/98
11   Merrill Lynch Capital Services, Inc.                        02/05/99
12   Midcon Power Services Corp.                                 09/01/95
13   Morgan Stanley                                        05/01/97
14   Municipal Electric Authority of Georgia               04/01/98
15   NIPSCO Power Marketing                                      08/01/97
16   NorAm Energy Services, Inc.                                 09/01/95
17   NP Energy                                                   08/01/97
18   OGE Energy Resources                                        06/01/98
19   Orlando Utilities Commission                                05/16/95
20   PP&L                                                        04/01/99
21   Pacific Gas & Electric                                      09/01/98
22   Peco Energy Power Team                                      08/01/97
23   Power Company of America                                    04/01/97
24   Reedy Creek Improvement District                            04/01/95
25   Rainbow Energy Marketing Corporation                  10/21/94
26   Seminole Electric Cooperative, Inc.                         05/24/95
27   Sonat Power Marketing, Inc.                                 11/24/95
28   Southern Company Services, Inc.                             01/12/96
29   Southern Energy Marketing                                   08/01/97
30   The Legacy Energy Group                                     02/01/00
31   The Energy Authority                                        08/01/97
32   Tampa Electric Company                                      03/07/94
33   Tractebel Energy Marketing                                  09/01/98
34   TVA                                                         08/24/95
35   Valero Power Resources                                      03/27/96
36   Virginia Electric and Power                                 11/01/96
37   Vitol Gas & Electric LLC                                    07/01/97
38   Western Power Resources, Inc.                               03/14/96
39   Williams Energy Services Company                            12/01/97
40   Wisconsin Electric Power Corp                               03/01/97
41


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                     Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 186

 1                                     ATTACHMENT F
 2
 3    Form of Service Agreement for Network Integration Transmission Service
 4

 5   This Service Agreement, dated as of ___________________________, is entered

 6   into   by    and   between    Florida   Power    &   Light   Company    ("FPL")   and

 7   __________________________________ ("Network Customer").

 8

 9   1.0         The Network Customer is ______________________________________

10               and has been determined by FPL to have submitted a complete

11               Application for Network Integration Transmission Service under Part III of

12               the Tariff on file with and as may be revised from time to time         in

13               accordance with the rules of the Federal Energy Regulatory Commis-sion

14               ("FERC").

15

16   2.0         Service under this Service Agreement shall commence on the later of: (1)

17               0001 hours on _________________, 19 ____, or (2) the date on which

18               construction of transmission facilities and/or Network Upgrades identified

19               by the System Impact Study are completed, or (3) such other date as it is

20               permitted to become effective by the FERC.

21




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 187

 1   3.0      FPL agrees to provide and the Network Customer agrees to take and pay

 2            for Network Integration Transmission Service in accordance with the

 3            provisions of the Tariff and this Service Agreement. Any notice or request

 4            made to or by any Party regarding this Service Agreement shall be made

 5            in writing and shall be delivered either in person, or by prepaid mail (return

 6            receipt requested) to the representative of the other Party as indicated

 7            below. Such representative and address for notices or requests may be

 8            changed from time to time by notice by one Party to the other.

 9

10            FPL: Manager
11                   Transmission Services Department
12                   Florida Power & Light Company
13                   9250 West Flagler Street
14                   Miami, FL 33174
15
16                   NETWORK CUSTOMER:
17                          __________________________________________
18                          __________________________________________
19                          __________________________________________
20                          __________________________________________
21
22




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 188

 1   5.0      The amount of credit, if any, for a Network Customer's owned transmission

 2            facilities that meet the requirements of Section 30.9 of the Tariff is as

 3            follows:

 4            ___________________________________________________________

 5   ___

 6            ___________________________________________________________

 7   ___

 8            ___________________________________________________________

 9   ___

10

11

12   6.0      The Network Customer will pay to FPL a pro rata share of the annual

13            charge the FERC assesses to FPL under the FERC's regulations ("FERC

14            Assessment"), in the form of a "FERC Assessment Charge".                The

15            applicable FERC Assessment Charge for each Network Customer

16            receiving service under this Tariff shall be equal to the product of (i) the

17            amount of electric energy (expressed in mega-watt hours) transmitted over

18            the FPL Transmission System for the Network Customer under the Tariff

19            during the assessment period and (ii) the applicable FERC Assessment

20            rate as such rate appears on the appropriate FERC Statement of Annual

21            Charges.   The Network Customer will provide to FPL any information

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 189

 1            needed for the calculation of such charge.        The FERC Assessment

 2            Charge will normally be assessed in the year following the year in which

 3            service is provided. In the event that the FERC changes the method it

 4            utilizes to calculate the FERC Assessment, the FERC Assessment Charge

 5            will be calculated in a manner consistent with such changed methodology

 6            so as to assign to the Network Customer a pro rata share of the FERC

 7            Assessment.

 8

 9   7.0      The Network Customer will bear the cost of all taxes and fees (including

10            payments in lieu of taxes and fees), not specifically provided for in the

11            above charge provisions, that any governmental authority may impose on

12            FPL as a result of the Network Integration Service provided to such

13            Network Customer, including all fees and assessments, all sales, gross

14            revenue, and other taxes, and any applicable interest charged on any

15            deficiency assessment made by the taxing authority. Prior to assessing

16            charges under this provision, FPL will make an appropriate filing pursuant

17            to Section 205 of the Federal Power Act.

18

19   8.0      The Network Customer may in good faith challenge the correctness of any

20            bill rendered under the Tariff no later than twenty-four (24) months after

21            the date the bill was rendered. Any billing challenge will be in writing and

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 190

 1            will state the specific basis for the challenge. A bill rendered under the

 2            Tariff will be binding on the Network Customer twenty-four (24) months

 3            after the bill is rendered, except to the extent of any specific challenge to

 4            the bill made by the Network Customer prior to such time. Customer’s

 5            challenge of any bill rendered under and in accordance with this Tariff is

 6            limited to (i) the arithmetical accuracy of the bill and the use of the correct

 7            rate and billing determinants for the service provided, (ii) the determination

 8            of redispatch costs allocated to the customer, and (iii) the application of

 9            the incremental fuel cost mechanism.        FPL will provide the Customer,

10            upon request, such information as is reasonably necessary to confirm the

11            correctness of the bill; provided, however, that neither the Customer’s

12            challenge nor the Customer’s request shall serve as a basis for a general

13            audit or investigation of FPL’s books and records.

14

15   9.0      FPL will have the right to adjust any bill rendered under the Tariff no later

16            than twenty-four (24) months after the date the bill was rendered. Any

17            billing adjustment will be in writing and will state the specific basis for the

18            adjustment. A billing adjustment will constitute a new bill for all purposes

19            of the Tariff. A bill rendered under the Tariff will be binding on FPL twenty-

20            four (24) months after the bill is rendered, except to the extent of any

21            specific adjustment to the bill made by FPL prior to such time.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 191

 1

 2

 3   10.0     Where the Network Customer is acting for or on behalf of other Eligible

 4            Customers that ultimately receive service through the provision of

 5            Transmission Service rendered under this Service Agreement, such

 6            Eligible Customers shall provide the indemnification under Section 10.2 of

 7            the Tariff.

 8

 9   11.0     Such other terms and conditions that the Parties may agree on or may be

10            required by the nature of the service requested.

11




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                               Original Sheet No. 192

 1   IN WITNESS WHEREOF, the Parties have caused this Service Agreement to be

 2   executed by their respective authorized representatives as of the date first above

 3   written.

 4

 5                                         FLORIDA POWER & LIGHT COMPANY

 6

 7

 8              By:_______________________________________

 9

10                                         NETWORK CUSTOMER

11

12

13              By:_______________________________________

14




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 193

 1   SPECIFICATIONS FOR NETWORK INTEGRATION TRANSMISSION SERVICE
 2
 3   1.0      Term of Network Integration Transmission Service:
 4            Start Date:
 5            Termination Date:
 6
 7   2.0      Description of capacity and/or energy to be transmitted by Transmis-sion
 8            Provider across the Transmission Provider's Transmission System
 9            (including electric control area in which the transaction originates).
10
11
12   3.0      Network Resources
13            (1)    Transmission Customer Generation Owned:
14                   Resource                 Capacity       Capacity Designated
15
16            (2)    Transmission Customer Generation Purchased:
17                          Source            Capacity
18
19            Total Network Resources:        (1)+(2)        =      ___________
20




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                               Original Sheet No. 194

 1
 2   4.0      Network Load
 3            (1)   Transmission Customer Network Load:
 4                         Network Load   Transmission Voltage Level
 5
 6            (2)   Member Systems Loads Designated as Network Load:
 7                  Member System Load Transmission Voltage Level
 8
 9            Total Network Load (Estimated): (1)+(2)    =             ________

10




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 195

 1                                   ATTACHMENT G
 2
 3                       Form of a Network Operating Agreement
 4

 5            THIS NETWORK OPERATING AGREEMENT ("Operating Agreement")

 6   between Florida Power & Light Company ("FPL") and the Network Customer

 7   ("Network Customer") is made and entered into this ______ day of ________,

 8   19___.

 9

10                                    WITNESSETH

11

12            WHEREAS, the Network Customer has requested and FPL has agreed to

13   provide Network Integration Transmission Service under Part III of the Tariff; and

14

15            WHEREAS, FPL and the Network Customer have agreed to enter into this

16   Operating Agreement to set forth certain operating understandings in order for FPL

17   to provide the requested network service.

18

19            NOW, THEREFORE, in consideration of the foregoing premises and of the

20   benefits to be obtained from the covenants herein, FPL and the Network Customer

21   agree as follows:

22



     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                             Open Access Transmission Tariff
                                                                    Original Sheet No. 196

 1                                ARTICLE 1 – Definitions

 2

 3   Along with the definitions set forth below, the definitions in the Tariff are hereby

 4   incorporated into this Operating Agreement.

 5

 6             1.1   Data Acquisition Equipment: Supervisory control and data

 7                   acquisition ("SCADA"), remote terminal units ("RTUs") to obtain

 8                   information from a Party's facilities, telephone equipment, leased

 9                   telephone circuits, fiber optic circuits, and other communications

10                   equipment necessary to transmit data to remote locations, and any

11                   other equipment or service necessary to provide for the telemetry

12                   and control requirements of the Tariff.

13

14             1.2   Data Link: The direct communications link between the Network

15                   Customer's energy control center and FPL's control center that will

16                   enable FPL's control center to receive real time telemetry and data

17                   from the Customer's energy control center and the Customer's

18                   energy control center to receive real time telemetry and data from

19                   FPL's control center.

20




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 197

 1            1.3   Metering Equipment: High accuracy, solid state kW, kWh meters,

 2                  metering cabinets, metering panels, conduits, cabling, high

 3                  accuracy current     transformers and        high   accuracy potential

 4                  transformers, which directly or indirectly provide input to meters or

 5                  transducers, meter recording devices (e.g., Solid State Data

 6                  Receivers), telephone circuits, signal or pulse dividers, transducers,

 7                  pulse accumulators, and any other metering equipment necessary

 8                  to implement the provisions of the Tariff.

 9

10            1.4   Member System: An Eligible Customer operating as a part of a

11                  lawful combination, partnership, association or joint action agency

12                  composed exclusively of Eligible Customers.

13            1.5   Power Factor Requirements (PFR) On-Peak Hours: The PFR

14                  On-Peak hours are the hours during the PFR On Peak Period; the

15                  PFR On Peak Period is (1) from December 1 through March 31

16                  during the hours from 6 a.m. to 10 a.m., and 6 p.m. to 10 p.m. and;

17                  (2) from April 1 through November 30 during the hours from 10 a.m.

18                  to 10 p.m., unless and until otherwise changed by mutual

19                  agreement of the Operating Committee.

20




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 198

 1            1.6   Power Factor Requirements (PFR) Off-Peak Hours: All other

 2                  hours besides the PFR "On-Peak hours"

 3

 4            1.7   Protective Equipment: Protective relays, relaying panels, relaying

 5                  cabinets, circuit breakers, conduits, cabling, current transformers,

 6                  potential transformers, coupling capacitor voltage transformers,

 7                  wave traps, transfer trip and fault recorders, which directly or

 8                  indirectly provide input to relays, fiber optic communication

 9                  equipment, power line carrier equipment and telephone circuits, and

10                  any other protective equipment necessary to implement the

11                  protection provision of this Tariff.

12                               ARTICLE 2 - Term of Service

13

14            2.1   The term of this Operating Agreement between FPL and the

15                  Network Customer shall be concurrent with the Service Agreement.

16

17                    ARTICLE 3 - Network Customer Control Area

18

19            3.1   Network Customer's Control Area: The Network Customer shall

20                  include its designated Network Resources and Network Load and

21                  operate as a single independent Control Area ("Network Customer

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 199

 1                  Control Area") and shall plan, construct, operate and maintain the

 2                  Network Customer's Control Area in accordance with Good Utility

 3                  Practice, which shall include, but not be limited to, all applicable

 4                  guidelines of the North American Electrical Reliability Council, the

 5                  Southeastern Electric Reliability Council, and the Florida Electric

 6                  Power Coordinating Group, Inc., or their successor; provided,

 7                  however, that FPL will not require adherence to any such applicable

 8                  guidelines to the extent that FPL does not adhere to such

 9                  applicable guideline.

10

11                  3.1.1 The Network Customer may contract with another entity to

12                         provide Control Area services to the Network Customer, in

13                         which event such entity shall be required to meet all of the

14                         control area requirements set forth in this Article.

15

16                  3.1.2 If the Network Customer desires to merge the Network

17                         Customer's Control Area with another entity's Control Area

18                         such that a common control scheme is applied to the

19                         Network Customer's and the other entity's generation and

20                         load (i.e., a pooling arrangement) then the Network




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 200

 1                         Customer must submit a new Application for service under

 2                         the Tariff.

 3

 4                  3.1.3 The Network Customer shall provide and operate automatic

 5                         generation control equipment (or contract with a third party to

 6                         perform these services) in accordance with Good Utility

 7                         Practice so as to avoid burdening demands upon FPL's

 8                         system or the systems of others.

 9

10            3.2   Control Area Operations: FPL and the Network Customer shall

11                  operate and maintain their respective Control Areas in a manner

12                  that will allow FPL to safely and reliably operate the Transmission

13                  System in accordance with the Tariff and with Good Utility Practice,

14                  so that either Party shall not unduly burden the other Party;

15                  provided, however, that notwithstanding any other provision of the

16                  Tariff, FPL shall retain the sole responsibility and authority for all

17                  operating decisions that could affect the integrity, reliability and

18                  security of the Transmission System.

19

20            3.3   Control Area Equipment: The Network Customer shall be

21                  responsible for the purchase, installation, upgrading, operation,

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 201

 1                  maintenance and replacement of all Data Acquisition Equipment,

 2                  Metering Equipment, Protection        Equipment,     and any other

 3                  associated equipment and software, which may be required by

 4                  either Party for the Network Customer to operate a Control Area in

 5                  accordance with Good Utility Practice. FPL shall have the right to

 6                  review and approve such equipment and software as may be

 7                  required to ensure conformance with Good Utility Practices, prior to

 8                  its installation.

 9

10            3.4   Control Area Data: The Network Customer shall incorporate the

11                  information obtained from the Network Customer's Metering

12                  Equipment and Data Acquisition Equipment into the Network

13                  Customer's energy control center as the Parties determine to be

14                  necessary to incorporate the Member Systems into a single Control

15                  Area operating within the FPL Transmission System consistent with

16                  the terms and conditions of the Tariff.

17

18            3.5   Regulation:         The Network Customer shall be responsible for

19                  operating in a manner to provide for its Network Load at all times,

20                  and to hold deviations from frequency-biased net interchange

21                  schedules to a minimum in accordance with the North American

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 202

 1                  Electric Reliability Council, Southeastern Electric Reliability Council,

 2                  and the Florida Electric Power Coordinating Group, Inc., or their

 3                  successor requirements.

 4

 5            3.6   Data Link Operations: The selection of real time telemetry and

 6                  data to be received by FPL and the Network Customer shall be as

 7                  necessary for reliability, security, economics, and/or monitor-ing of

 8                  real-time condition that affect FPL's Transmission System.         This

 9                  telemetry shall include, but is not limited to, loads, line flows,

10                  voltages, generator output, and breaker status at any of the

11                  Network Customer's transmission and generation facilities (See

12                  Exhibit 2 to this Operating Agreement). To the extent that FPL or

13                  the Network Customer requires data that are not available from

14                  existing equipment, the Network Customer shall, at its own

15                  expense, install any Metering Equipment, Data Acquisition

16                  Equipment, or other equipment and software necessary for the

17                  telemetry to be received by FPL or the Network Customer via the

18                  Data Link.    FPL shall have the right to inspect equipment and

19                  software associated with the Data Link in order to assure

20                  conformance Good Utility Practice.

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                               Original Sheet No. 203

 1            3.7   Computer Modifications: Each Party shall be responsible for

 2                  implementing any computer modifications or changes required to its

 3                  own computer system(s) as necessary to implement the provisions

 4                  of the Tariff.

 5

 6            3.8   Metering:        The Network Load shall be metered on an hourly

 7                  integrated basis in accordance with FPL's standards or practices for

 8                  similarly determining FPL's load. The actual hourly Network Load

 9                  during each calendar month shall be provided to FPL by the

10                  Network Customer by the seventh day of the following calendar

11                  month.

12

13            3.9   Voltage Support: The Network Customer will use reasonable best

14                  efforts to have in the shortest practicable time, but under no

15                  circumstances greater than one (1) year after service begins under

16                  the Tariff, sufficient reactive compensation and control to meet the

17                  power factor requirements specified below (such range to be

18                  adhered to except for momentary deviations or at FPL's written

19                  consent) at each interconnection or point of delivery with each

20                  Member System. If the Network Customer does not provide the

21                  necessary reactive compensation and control to comply with the

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 204

 1                  objectives described in this Section, FPL shall have the unilateral

 2                  right to install such equipment to meet these standards at the

 3                  Network Customer's expense.

 4

                           POWER FACTOR REQUIREMENTS
                        On-Peak
                                     .97 (lagging) to 0.98 (leading)
                         Hours
                        Off-Peak
                                       .95 (lagging) to 1.00 (unity)
                         Hours
 5
 6

 7            3.10 Real Time System Data Requirements: The Network Customer

 8                  shall provide FPL via the Data Link, at least once every one minute

 9                  (this time interval is subject to modification as agreed to by the

10                  Network Operating Committee), loads, line flows, voltag-es,

11                  generator outputs, breaker status, etc. as necessary for FPL to

12                  provide service under the Tariff and ensuring the security and

13                  reliability of the FPL Transmission System.

14

15            3.11 Disturbances:     Each Party shall, insofar as practicable, protect,

16                  operate and maintain its system and facilities so as to avoid or

17                  minimize the likelihood of disturbances which might cause




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 205

 1                  impairment of or jeopardy to service to the customers of the other

 2                  Party, or to other interconnected systems.

 3

 4            3.12 Notification: The Network Customer shall notify and coordinate

 5                  with FPL prior to the commencement of any work by the Network

 6                  Customer, Member System, or contractors or agents performing on

 7                  behalf of either or both, which may directly or indirectly have an

 8                  adverse effect on the Network Customer's or FPL's Control Area,

 9                  the Data Link, or the reliability of the FPL Transmission System.

10

11            3.13 Maintenance Of Equipment: The Network Customer shall, on a

12                  regular basis or at FPL's request, and at the Network Customer's

13                  own expense, test, calibrate, verify and validate the Metering

14                  Equipment, Data Acquisition Equipment, and other equipment or

15                  software used to determine Network Load. FPL shall have the right

16                  to inspect such tests, calibrations, verifications and validations of

17                  the Metering Equipment, Data Acquisition Equipment, and other

18                  equipment or software used to determine the Network Load. Upon

19                  FPL's request, the Network Customer will provide FPL a copy of the

20                  installation, test and calibration records of the Metering Equipment,

21                  Data Acquisition Equipment, and other equipment or software. FPL

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 206

 1                  shall, at the Network Customer's expense, have the right to monitor

 2                  the factory acceptance test, the field acceptance test, and the

 3                  installation of any Metering Equipment, Data Acquisition Equipment,

 4                  and other equipment or software used to determine the Network

 5                  Load.

 6

 7            3.14 Control Area Costs: The Network Customer shall be responsible

 8                  for all costs to establish, operate and maintain the Network

 9                  Customer's Control Area, including, but not limited to, engineering,

10                  administrative and general expenses, material, and labor expenses

11                  associated with the specifications, design, review, approval,

12                  purchase, installation, maintenance, modification, repair, operation,

13                  replacement, checkouts, testing, upgrading, calibration, removal,

14                  relocation of equipment, or software.

15

16                     ARTICLE 4 - Network Operating Committee

17

18            4.1   Network Operating Committee: Each Party shall in writing appoint

19                  a member(s) and an alternate(s) to a Network Operating Committee

20                  and to notify the other Party of such appointment(s).          Such

21                  appointments may be changed at any time by similar written notice.

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 207

 1                  The Network Operating Committee shall meet as necessary and

 2                  review the duties set forth herein.          The Network Operating

 3                  Committee shall hold meetings at the request of either Party, at a

 4                  time and place agreed upon by the members of the Network

 5                  Operating Committee.       The Network Operating Committee shall

 6                  meet once each year to discuss the information provided pursuant

 7                  to Article V and the information exchanged pursuant to this Section.

 8                  Each member and alternate shall be a responsible person working

 9                  with the day-to-day operations of each respective power system.

10                  The Network Operating Committee shall represent the Parties in all

11                  opera-tional matters that may be delegated to it by mutual

12                  agreement of the Parties hereto.         The duties of the Network

13                  Operating Committee shall include those specifically referred to

14                  elsewhere in the Tariff, including but not limited to, the following:

15

16                  (1)    The coordination of operation and maintenance sched-ules;

17                  (2)    The exchange of information regarding each party's long

18                         range transmission plans;

19                  (3)    Establishment     of   maintenance     control   and    operating

20                         procedures consistent with the provisions of the Tariff;




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 208

 1                  (4)    Establishment of data requirements necessary for FPL to

 2                         provide Network Integration Service as delineated in the

 3                         Tariff;

 4                  (5)    Review of Metering Equipment, Data Acquisition Equip-ment,

 5                         Protection Equipment, and any other equipment or software

 6                         requirements, standards and procedures; and

 7                  (6)    Such other duties as may be conferred upon it by mutual

 8                         agreement of the Parties hereto.

 9

10            4.2   Network Operating Committee Agreements: Each Party shall

11                  cooperate in providing to the Network Operating Committee all

12                  information required in the performance of the Network Operating

13                  Committee's duties. All decisions and agreements, if any, made by

14                  the Network Operating Committee shall be evidenced in writing and

15                  shall be in accordance with the Tariff.

16

17                               ARTICLE 5 - Technical Data

18

19            5.1   Annual Load Forecast: The Network Customer shall provide FPL

20                  by November 1st of each year the Network Customer's best

21                  forecast of the following calendar year's (i) monthly coincident peak

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 209

 1                  Network Load of the Member Systems expressed in kW along with

 2                  the power factor of each of the Member Systems at such time and,

 3                  (ii) each individual Member System's monthly non-coincident peak

 4                  loads expressed in kW along with the power factor of each of the

 5                  Member Systems at such time. Such forecast shall be made using

 6                  prudent forecasting techniques available and generally deemed

 7                  acceptable in the electric utility industry.

 8

 9            5.2   Annual Network Resource Availability Forecast: The Network

10                  Customer shall provide to FPL by November 1st of each year the

11                  Network Customer's best forecast of the following calendar year's

12                  planned Network Resource availability forecast (e.g. all planned

13                  resource outages, including off-line and on-line dates).          Such

14                  forecast shall be made using prudent forecasting techniques

15                  available and generally deemed acceptable in the electric utility

16                  industry.    The Network Customer shall inform FPL, in a timely

17                  manner, of any changes to Network Customer's planned Network

18                  Resource Availability Forecast.

19

20            5.3   Annual Operating Conflicts: In the event that FPL determines that

21                  the annual Network Resource Availability Forecast cannot be

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                              Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 210

 1                  accommodated due to a transmission constraint on the FPL

 2                  Transmission System, and such constraint may jeopardize the

 3                  security of the FPL Transmission System or adversely affect the

 4                  economic operation of either FPL or the Network Customer, to the

 5                  extent possible, the Network Operating Committee will coordinate

 6                  the annual Operating Network Resource Availability Forecast of

 7                  both Parties to mitigate the transmission constraint.

 8

 9            5.4   Daily Operating Forecast: The Network Customer shall provide

10                  FPL, at least 36 hours in advance of every calendar day, the

11                  Network Customer's best hourly forecast for the calendar day of

12                  the (i) maximum non-coincident flow (both import and export) at

13                  each of the FPL interfaces with the Network Customer and/or the

14                  Member Systems, (ii) first contingency maximum non-coinci-dent

15                  flow (both import and export) at each of the FPL interfaces with

16                  each Member System, (iii) any planned transmission or generation

17                  outage(s) on the system of any of the Member Systems or on a

18                  system other than that of FPL where a Network Resource is

19                  located, (iv) the individual coincident Member Systems loads along

20                  with the commitment/dispatch of the Network Resources at peak

21                  operating period(s) (the peak operating period(s) will be determined

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 211

 1                  by FPL operating personnel and may be changed from time-to-time

 2                  as necessary), and (v) and any other information that FPL's

 3                  operating personnel reasonably deem appropriate to safely and

 4                  reliability operate the FPL Transmission System.        The Network

 5                  Customer shall keep FPL informed in a timely manner, of any

 6                  changes to its current Daily Operating Forecast.

 7

 8            5.5   Daily Operating Conflicts: In the event that FPL determines that

 9                  the Daily Operating Forecast cannot be accommodated due to a

10                  transmission constraint on the FPL Transmission System, and such

11                  constraint may jeopardize the security and reliability of the FPL

12                  Transmission System or adversely affect the economic operation of

13                  either FPL or the Network Customer, the load curtailment provisions

14                  of the Tariff will be implemented in accordance with Exhibit 1 of this

15                  Operating Agreement.

16

17            5.6   Network Planning Information: In order for FPL to plan, on an

18                  ongoing basis, to meet the Network Customer's firm-long term

19                  requirements for Network Integration Transmission Service the

20                  Network Customer shall provide FPL with the information set forth

21                  in Sections 5.7 - 5.10. This type of information is consistent with

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 212

 1                  FPL's information requirements for planning to serve FPL's Native

 2                  Load Network Customers and is consistent with FPL's ten (10) year

 3                  planning process.

 4

 5            5.7   Annual       Planning   Network   Load     Forecast:   The   Network

 6                  Customer shall provide FPL by November 1st of each year the

 7                  Network Customer's best forecast of the following ten (10) calendar

 8                  years' (i) monthly coincident Network Load and non-coincident

 9                  Member Systems' Network Loads expressed in kW and, (ii) each

10                  individual Member System's monthly coincident and non-coincident

11                  loads expressed in kW along with the respective power factor.

12                  Such forecast shall be made using prudent forecasting techniques

13                  available and generally deemed acceptable in the electric utility

14                  industry.

15

16            5.8   Annual Planning Network Resource Forecast: The Network

17                  Customer shall provide to FPL by November 1st of each year (i) the

18                  Network Customer's best forecast of the next ten (10) years'

19                  planned Network Resources and all pertinent information regarding

20                  such Network Resources, (ii) a copy of the Network Customer's

21                  most current firm purchased power commitments (including the

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 213

 1                  underlying agreement for purchased power) for the next ten (10)

 2                  years on a unit specific basis for any Network Resource(s) which is

 3                  a firm unit specific purchased power resource, and (iii) for

 4                  purchased power commitments that are non-unit specific, any

 5                  information necessary for FPL (including the underlying agreement

 6                  for purchased power) to model how the purchased power

 7                  commitment would be dispatched by the Network Customer to meet

 8                  the Network Load; provided, however, that the information provided

 9                  by the Network Customer pursuant to this Section 5.8 shall not be

10                  deemed a substitute for written notice required for designating new

11                  Network Resources.

12

13            5.9   Annual Planning Network Transmission Facilities: The Network

14                  Customer shall provide FPL any planned internal transmission

15                  facilities on the Network Customer and/or each Member Systems'

16                  system (lines, transformers, reactive equipment, etc.) for each of

17                  the subsequent ten (10) calendar years.

18

19            5.10 Technical Data Format: The Network Customer shall provide FPL

20                  the best available data associated with Network Resources and

21                  transmission facilities, for modeling purposes in an electronic format

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
    Florida Power & Light Company                          Open Access Transmission Tariff
                                                                Original Sheet No. 214

1                  specified by FPL. The electronic format specified by FPL shall be a

2                  format commonly used in the electric utility industry.

3

4            5.11 Such other terms and conditions that the Parties may agree on or

5                  may be required by the nature of the service requested.

6

7                   (The next page, Page __, is the signature page)

8




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 215

 1   IN WITNESS WHEREOF, the Parties hereto have caused this Operating Agree-

 2   ment to be executed by their duly authorized officers effective as of the date first

 3   written above.

 4
 5
 6
 7   FLORIDA POWER & LIGHT COMPANY
 8
 9
10
11   Date:    _______________________
12
13   By:      ________________________________________
14
15   Title:   ________________________________________
16
17
18
19   [Network Customer]
20
21
22
23   Date:    _______________________
24
25   By:      _________________________________________
26
27   Title:   _________________________________________
28
29




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 216

 1                           EXHIBIT 1 TO ATTACHMENT G
 2                          Out of dispatch Cost Methodology
 3

 4   FPL's system operations will determine the least-cost re-dispatch for both FPL and

 5   the Network Customers that would relieve the constraint, without regard to resource

 6   ownership. Both FPL and the Network Customer will be required to redispatch their

 7   resources (including reducing purchases and sales) in accordance with the results

 8   produced by FPL's system operations until the constraint has been removed. FPL's

 9   system operations will then determine FPL's and the Network Customer's total

10   combined additional costs incurred to alleviate the constraint.

11

12   This total combined cost will be shared by FPL and all Network Customers such

13   that the Network Customer will be responsible for its load ratio share of that cost.

14

15            Out of dispatch Costs Computation Methodology:

16

17            PCFPL -       FPL's total production costs, including sales and purchases,

18                   before the constraint procedures are implemented.

19            PCTC - The Network Customer's total production costs, including sales and

20                   purchases, before the constraint procedures are implemented.

21




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                Original Sheet No. 217

 1            PCFPL' -     FPL's total production costs, including sales and purchases,

 2                         after the constraint procedures are implemented.

 3

 4            PCTC' -      The Network Customer's total production costs, including

 5                         sales and purchases, after the constraint procedures are

 6                         implemented.

 7

 8            LRPTC -      The load ratio percentage of the Network Customer.

 9

10                  -      The total incremental production costs to relieve the

11                         constrain                            FPL'   + PCTC') - (PCFPL +

12                         PCTC).

13

14            CRTC -       The cost responsibility of the Network Customer for the total

15                         incremental production costs to relieve the constraint or

16                         defined as CRTC               TC.


17

18            ACTC -       The incremental costs/saving incurred by the Network

19                         Customer to relieve the constraint or defined as ACTC =

20                         (PCTC' - PCTC).

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 218

 1            OCC        -   The Out of Dispatch charge (negative) or credit (positive) to

 2                           the Network Customer bill or defined as OCC = ACTC - CRTC

 3

 4   The following example illustrates how constraint costs would be shared:

 5

 6            LRPTC = 3.3333%

 7

 8   An existing constraint requires 100 MW to be redispatched to relieve the constraint,

 9   and the optimal (least-cost) dispatch solution would be as follows:

10

11                   !       FPL picks up 50 MW in South Florida

12                   !       Network Customer picks up 50 MW in South Florida

13                   !       FPL backs down 100 MW in North Florida

14

15   Before Constraint:

16                   FPL was dispatching 12,000 MW of generation @ average

17                   production cost of $25/MWhr. PCFPL = (12000 * 25) = $300,000

18

19                   Network Customer was dispatching 400 MW of generation @

20                   average production cost of $24/MWhr. PCTC = (400 * 24) = $9,600

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 219

 1   After Constraint Redispatch:

 2                   FPL is now dispatching 11,950 (12,000 - 100 + 50) MW of

 3                   generation @ average production cost of $26/MWhr.          PCFPL' =

 4                   (11950 * 26) = $310,700

 5

 6                   Network Customer is now dispatching 450 (400 + 50) MW of

 7                   generation @ average production cost of $25/MWhr. PC TC' = (450 *

 8                   25) = $11,250

 9

10   Change in each Party's Production Costs:

11

12                                              - (300,000 + 9,600) = $12,350

13                   CRTC = (12,350 *.033333) = $411.66

14

15   The amount credited/ charged to the Network Customer bill

16

17                   ACTC = (11,250 - 9,600) = $1,650

18                          OCC = (1,650 - 411.66) = $1,238.34

19

20   Since OCC is positive then this would be a credit to the Network Customer bill.

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                           Effective Date: January 1, 2000
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                 Original Sheet No. 220

 1                        EXHIBIT 2 TO ATTACHMENT G
 2                  OF THE NETWORK OPERATING AGREEMENT

 3

 4   General Requirements

 5

 6   1.       Periodicity of data sent to FPL will be compatible with FPL's own, i.e., as

 7            required by FPL's EMS.

 8

 9   2.       If a data link is used, WSCC protocol or ICCP protocol will be used.   If the

10            communication is direct from RTU's, it will be 44 - 500 protocol.

11

12   3.       Forecast data, i.e., system load, unit outage, etc. will be communicated to

13            the system operators.

14

15   4.       The Network Customer will provide to FPL all their independent schedules

16            into and out of network.

17




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                            Effective Date: January 1, 2000
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                   Original Sheet No. 221

 1   Specific Data Requirements

 2

 3   The list below shows the required data that the Network Customer must provide to

 4   FPL's Power Supply Department. Real time data updated at least every 2 minutes

 5   is required in order to guarantee that the information is current when a data

 6   snapshot is taken by the security applications. This time is currently about half of

 7   the periodicity of these applications. In the future this data snapshot will be required

 8   at a faster rate to match expected reduced run times for these applications:

 9

10   1.      The Network Customer will provide to FPL all their independent schedules

11            into & out of the network

12

13   2.   Network Load

14        A. Instantaneous - MW, MVAR

15        B. Hourly - MWHr, refresh hourly for day

16

17   3.   Generation

18        A. Instantaneous - MW, MVAR, Voltage . Dynamic schedules for Jointly

19           Owned Units

20        B. Hourly - MWHr, refresh hourly for day

21        C. Dispatch Data, Efficiency, Fuel Cost, High and Low Limits

     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                  Original Sheet No. 222

 1        D.   Availability of Network Resources

 2

 3   4.   Actual Net Interchange (for all ties)

 4        A. Instantaneous - MW, MVAR

 5        B. Hourly - MWHr, refresh hourly for day

 6

 7   5.   Data for Transmission Facilities key to FPL's Security Assessment

 8        A.   Status

 9        B.   MW, MVAR, AMPS loading

10        C.   Voltages

11        D.   MVA, AMP ratings

12        E.   Settings (i.e., capacitor banks and auto transformers)

13        F.    Distribution load per station

14        G.    Transmission facilities modeling data

15

16   6.   Forecasted Data

17        A. 36 hour forecasted load

18        B. Unit maintenance / deration

19        C. Projected hourly loss schedule for next day

20        D. Line and equipment outages

21


     Issued By: P. J. Evanson
     Issued:    April 17, 2000                             Effective Date: January 1, 2000
    Florida Power & Light Company                         Open Access Transmission Tariff
                                                               Original Sheet No. 223

1   7.   Information sufficient to determine uses of the Network Resources for

2        purposes other than serving Network Load.




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                           Effective Date: January 1, 2000
    Florida Power & Light Company                        Open Access Transmission Tariff
                                                              Original Sheet No. 224

1                                 ATTACHMENT H

2                   Annual Network Transmission Service Rate

3   The Annual Network Transmission Service Rate shall be $15.24/kW-year. This rate
4   shall be applied by multiplying $1.27/kW-month times the Customer’s monthly
5   Network Load. All quantities used in calculating the Network Customer’s monthly
6   Network Load shall be adjusted to the transmission system input level, i.e., shall
7   include the transmission capacity associated with any applicable losses.
8




    Issued By: P. J. Evanson
    Issued:    April 17, 2000                          Effective Date: January 1, 2000
     Florida Power & Light Company                    Open Access Transmission Tariff
                                                           Original Sheet No. 225

 1                                   ATTACHMENT I
 2
 3          Index of Network Integration Transmission Service Customers
 4
 5
 6                                                   Date of
 7            Customer                               Service Agreement

 8   FMPA - All-Requirements Network                        March 6, 1996

 9   Seminole Electric Cooperative Inc.                     December 20, 1999
10




     Issued By: P. J. Evanson
     Issued:    April 17, 2000                      Effective Date: January 1, 2000
     Florida Power & Light Company                   Open Access Transmission Tariff
                                                              Original Sheet No. 226

 1                                   ATTACHMENT J
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12                          STANDARD LARGE GENERATOR
13                      INTERCONNECTION PROCEDURES (LGIP)
14
15
16                                     including
17
18
19                          STANDARD LARGE GENERATOR
20                       INTERCONNECTION AGREEMENT (LGIA)
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                      Effective Date: July 21, 2004
    Florida Power & Light Company                    Open Access Transmission Tariff
                                                              Original Sheet No. 227

1
2
3
4
5                               Standard Large Generator
6                          Interconnection Procedures (LGIP)
7
8               (Applicable to Generating Facilities that exceed 20 MWs)
9




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                       Effective Date: July 21, 2004
     Florida Power & Light Company                                                  Open Access Transmission Tariff
                                                                                             Original Sheet No. 228

1                                                 TABLE OF CONTENTS
2

3    Section 1. Definitions ......................................................................................... 231

4    Section 2. Scope and Application ..................................................................... 239
5          2.1 Application of Standard Large Generator Interconnection Procedures
6                239
7          2.2 Comparability ................................................................................... 239
8          2.3 Base Case Data ................................................................................ 239
9          2.4 No Applicability to Transmission Service ...................................... 240

10   Section 3. Interconnection Requests ............................................................... 240
11         3.1 General .............................................................................................. 240
12         3.2 Identification of Types of Interconnection Services ..................... 240
13              3.2.1     Energy Resource Interconnection Service ........................... 241
14                   3.2.1.1 The Product .................................................................. 241
15                   3.2.1.2 The Study...................................................................... 241
16              3.2.2     Network Interconnection Service ......................................... 241
17                   3.2.2.1 The Product .................................................................. 241
18                   3.2.2.2 The Study...................................................................... 242
19         3.3 Valid Interconnection Request ........................................................ 242
20              3.3.1     Initiating an Interconnection Request................................... 242
21              .3.3.2    Acknowledgment of Interconnection Request ...................... 243
22              .3.3.3    Deficiencies in Interconnection Request .............................. 243
23              .3.3.4    Scoping Meeting .................................................................. 243
24         3.4 OASIS Posting .................................................................................. 244
25         3.5 Coordination with Affected Systems .............................................. 244
26         3.6 Withdrawal ........................................................................................ 244

27   Section 4.      Queue Position ................................................................................. 245
28         4.1       General .............................................................................................. 245
29         4.2       Clustering.......................................................................................... 246
30         4.3       Transferability of Queue Position ................................................... 246
31         4.4       Modifications .................................................................................... 246

32   Section 5. Procedures for Interconnection Requests Submitted Prior to
33              Effective Date of Standard Large Generator Interconnection
34              Procedures........................................................................................ 248
35         5.1 Queue Position for Pending Requests ........................................... 248
36         5.2 New Transmission Provider ............................................................ 249

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                                Open Access Transmission Tariff
                                                                                           Original Sheet No. 229

1    Section 6.      Interconnection Feasibility Study ................................................... 249
2          6.1       Interconnection Feasibility Study Agreement ............................... 249
3          6.2       Scope of Interconnection Feasibility Study ................................... 250
4          6.3       Interconnection Feasibility Study Procedures .............................. 250
5          6.4       Re-Study............................................................................................ 251

 6   Section 7.      Interconnection System Impact Study ........................................... 251
 7         7.1       Interconnection System Impact Study Agreement ........................ 251
 8         7.2       Execution of Interconnection System Impact Study Agreement . 251
 9         7.3       Scope of Interconnection System Impact Study ........................... 252
10         7.4       Interconnection System Impact Study Procedures ....................... 253
11         7.5       Meeting with Transmission Provider .............................................. 253
12         7.6       Re-Study............................................................................................ 253

13   Section 8.      Interconnection Facilities Study ..................................................... 254
14         8.1       Interconnection Facilities Study Agreement .................................. 254
15         8.2       Scope of Interconnection Facilities Study ..................................... 254
16         8.3       Interconnection Facilities Study Procedures ................................. 255
17         8.4       Meeting with Transmission Provider .............................................. 255
18         8.5       Re-Study............................................................................................ 256

19   Section 9. Engineering & Procurement (E&P) Agreement .............................. 256

20   Section 10. Optional Interconnection Study .................................................. 256
21         10.1 Optional Interconnection Study Agreement .................................. 256
22         10.2 Scope of Optional Interconnection Study ...................................... 257
23         10.3 Optional Interconnection Study Procedures ................................. 257

24   Section 11. Standard Large Generator Interconnection Agreement (LGIA) 258
25         11.1 Tender ............................................................................................... 258
26         11.2 Negotiation........................................................................................ 258
27         11.3 Execution and Filing ........................................................................ 259
28         11.4 Commencement of Interconnection Activities .............................. 259

29   Section 12. Construction of Transmission Provider's Interconnection
30              Facilities and Network Upgrades .................................................... 260
31         12.1 Schedule ........................................................................................... 260
32         12.2 Construction Sequencing ................................................................ 260
33              12.2.1 General ................................................................................ 260
34              12.2.2 Advance Construction of Network Upgrades that are an Obligation
35                        of an Entity other than the Interconnection Customer .......... 260


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                           Open Access Transmission Tariff
                                                                                      Original Sheet No. 230

1                   12.2.3       Advancing Construction of Network Upgrades that are Part of an
2                                Expansion Plan of the Transmission Provider ..................... 261
3                   12.2.4       Amended Interconnection System Impact Study ................. 261

 4   Section 13. Miscellaneous ............................................................................... 261
 5         13.1 Confidentiality .................................................................................. 261
 6              13.1.1 Scope .................................................................................. 261
 7              13.1.2 Release of Confidential Information ..................................... 262
 8              13.1.3 Rights .................................................................................. 262
 9              13.1.4 No Warranties ...................................................................... 262
10              13.1.5 Standard of Care ................................................................. 263
11              13.1.6 Order of Disclosure .............................................................. 263
12              13.1.7 Remedies............................................................................. 263
13              13.1.8 Disclosure to FERC or its Staff ............................................ 263
14         13.2 Delegation of Responsibility ........................................................... 264
15         13.3 Obligation for Study Costs .............................................................. 265
16         13.4 Third Parties Conducting Studies ................................................... 265
17         13.5 Disputes ............................................................................................ 266
18              13.5.1 Submission .......................................................................... 266
19              13.5.2 External Arbitration Procedures ........................................... 267
20              13.5.3 Arbitration Decisions ............................................................ 267
21              13.5.4 Costs ................................................................................... 267
22         13.6 Local Furnishing Bonds .................................................................. 267
23              13.6.1 Transmission Providers That Own Facilities Financed by Local
24                       Furnishing Bonds ................................................................. 267
25              13.6.2 Alternative Procedures for Requesting Interconnection Service268

26   Appendix 1         Interconnection Request for a Large Generating Facility ........ 270

27   Appendix 2         Interconnection Feasibility Study Agreement .......................... 279

28   Appendix 3         Interconnection System Impact Study Agreement ................... 284

29   Appendix 4         Interconnection Facilities Study Agreement ............................. 289

30   Appendix 5         Optional Interconnection Study Agreement.............................. 295

31   Appendix 6         Standard Large Generator Interconnection Agreement ........... 299
32




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                             Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 231

1
2                                      SECTION 1. DEFINITIONS
3
4        Adverse System Impact shall mean the negative effects due to technical or operational limits
5    on conductors or equipment being exceeded that may compromise the safety and reliability of
6    the electric system.
7       Affected System shall mean an electric system other than the Transmission Provider's
8    Transmission System that may be affected by the proposed interconnection.
9       Affected System Operator shall mean the entity that operates an Affected System.
10       Affiliate shall mean, with respect to a corporation, partnership or other entity, each such other
11   corporation, partnership or other entity that directly or indirectly, through one or more
12   intermediaries, controls, is controlled by, or is under common control with, such corporation,
13   partnership or other entity.
14      Ancillary Services shall mean those services that are necessary to support the transmission of
15   capacity and energy from resources to loads while maintaining reliable operation of the
16   Transmission Provider's Transmission System in accordance with Good Utility Practice.
17      Applicable Laws and Regulations shall mean all duly promulgated applicable federal, state
18   and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or
19   administrative orders, permits and other duly authorized actions of any Governmental Authority.
20      Applicable Reliability Council shall mean the reliability council applicable to the
21   Transmission System to which the Generating Facility is directly interconnected.
22      Applicable Reliability Standards shall mean the requirements and guidelines of NERC, the
23   Applicable Reliability Council, and the Control Area of the Transmission System to which the
24   Generating Facility is directly interconnected.
25       Base Case shall mean the base case power flow, short circuit, and stability data bases used
26   for the Interconnection Studies by the Transmission Provider or Interconnection Customer.
27       Breach shall mean the failure of a Party to perform or observe any material term or condition
28   of the Standard Large Generator Interconnection Agreement.
29       Breaching Party shall mean a Party that is in Breach of the Standard Large Generator
30   Interconnection Agreement.
31      Business Day shall mean Monday through Friday, excluding Federal Holidays.
32      Calendar Day shall mean any day including Saturday, Sunday or a Federal Holiday.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 232

1        Clustering shall mean the process whereby a group of Interconnection Requests is studied
2    together, instead of serially, for the purpose of conducting the Interconnection System Impact
3    Study.
4       Commercial Operation shall mean the status of a Generating Facility that has commenced
5    generating electricity for sale, excluding electricity generated during Trial Operation.
6       Commercial Operation Date of a unit shall mean the date on which the Generating Facility
7    commences Commercial Operation as agreed to by the Parties pursuant to Appendix E to the
8    Standard Large Generator Interconnection Agreement.
 9       Confidential Information shall mean any confidential, proprietary or trade secret information
10   of a plan, specification, pattern, procedure, design, device, list, concept, policy or compilation
11   relating to the present or planned business of a Party, which is designated as confidential by the
12   Party supplying the information, whether conveyed orally, electronically, in writing, through
13   inspection, or otherwise.
14      Control Area shall mean an electrical system or systems bounded by interconnection
15   metering and telemetry, capable of controlling generation to maintain its interchange schedule
16   with other Control Areas and contributing to frequency regulation of the interconnection. A
17   Control Area must be certified by an Applicable Reliability Council.
18       Default shall mean the failure of a Breaching Party to cure its Breach in accordance with
19   Article 17 of the Standard Large Generator Interconnection Agreement.
20       Dispute Resolution shall mean the procedure for resolution of a dispute between the Parties
21   in which they will first attempt to resolve the dispute on an informal basis.
22       Distribution System shall mean the Transmission Provider's facilities and equipment used to
23   transmit electricity to ultimate usage points such as homes and industries directly from nearby
24   generators or from interchanges with higher voltage transmission networks which transport bulk
25   power over longer distances. The voltage levels at which distribution systems operate differ
26   among areas.
27       Distribution Upgrades shall mean the additions, modifications, and upgrades to the
28   Transmission Provider's Distribution System at or beyond the Point of Interconnection to
29   facilitate interconnection of the Generating Facility and render the transmission service
30   necessary to effect Interconnection Customer's wholesale sale of electricity in interstate
31   commerce. Distribution Upgrades do not include Interconnection Facilities.
32       Effective Date shall mean the date on which the Standard Large Generator Interconnection
33   Agreement becomes effective upon execution by the Parties subject to acceptance by FERC, or if
34   filed unexecuted, upon the date specified by FERC.
35       Emergency Condition shall mean a condition or situation: (1) That in the judgment of the
36   Party making the claim is imminently likely to endanger life or property; or (2) that, in the case


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 233

 1   of a Transmission Provider, is imminently likely (as determined in a non-discriminatory manner)
 2   to cause a material adverse effect on the security of, or damage to Transmission Provider's
 3   Transmission System, Transmission Provider's Interconnection Facilities or the electric systems
 4   of others to which the Transmission Provider's Transmission System is directly connected; or (3)
 5   that, in the case of Interconnection Customer, is imminently likely (as determined in a non-
 6   discriminatory manner) to cause a material adverse effect on the security of, or damage to, the
 7   Generating Facility or Interconnection Customer's Interconnection Facilities. System restoration
 8   and black start shall be considered Emergency Conditions; provided that Interconnection
 9   Customer is not obligated by the Standard Large Generator Interconnection Agreement to
10   possess black start capability.
11       Energy Resource Interconnection Service shall mean an Interconnection Service that allows
12   the Interconnection Customer to connect its Generating Facility to the Transmission Provider's
13   Transmission System to be eligible to deliver the Generating Facility's electric output using the
14   existing firm or nonfirm capacity of the Transmission Provider's Transmission System on an as
15   available basis. Energy Resource Interconnection Service in and of itself does not convey
16   transmission service.
17       Engineering & Procurement (E&P) Agreement shall mean an agreement that authorizes the
18   Transmission Provider to begin engineering and procurement of long lead-time items necessary
19   for the establishment of the interconnection in order to advance the implementation of the
20   Interconnection Request.
21       Environmental Law shall mean Applicable Laws or Regulations relating to pollution or
22   protection of the environment or natural resources.
23      Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. 791a et seq.
24      FERC shall mean the Federal Energy Regulatory Commission (Commission) or its successor.
25       Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war,
26   insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or
27   equipment, any order, regulation or restriction imposed by governmental, military or lawfully
28   established civilian authorities, or any other cause beyond a Party's control. A Force Majeure
29   event does not include acts of negligence or intentional wrongdoing by the Party claiming Force
30   Majeure.
31       Generating Facility shall mean Interconnection Customer's device for the production of
32   electricity identified in the Interconnection Request, but shall not include the Interconnection
33   Customer's Interconnection Facilities.
34      Generating Facility Capacity shall mean the net capacity of the Generating Facility and the
35   aggregate net capacity of the Generating Facility where it includes multiple energy production
36   devices.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 234

1        Good Utility Practice shall mean any of the practices, methods and acts engaged in or
2    approved by a significant portion of the electric industry during the relevant time period, or any
3    of the practices, methods and acts which, in the exercise of reasonable judgment in light of the
4    facts known at the time the decision was made, could have been expected to accomplish the
5    desired result at a reasonable cost consistent with good business practices, reliability, safety and
6    expedition. Good Utility Practice is not intended to be limited to the optimum practice, method,
7    or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts
8    generally accepted in the region.
 9       Governmental Authority shall mean any federal, state, local or other governmental regulatory
10   or administrative agency, court, commission, department, board, or other governmental
11   subdivision, legislature, rulemaking board, tribunal, or other governmental authority having
12   jurisdiction over the Parties, their respective facilities, or the respective services they provide,
13   and exercising or entitled to exercise any administrative, executive, police, or taxing authority or
14   power; provided, however, that such term does not include Interconnection Customer,
15   Transmission Provider, or any Affiliate thereof.
16       Hazardous Substances shall mean any chemicals, materials or substances defined as or
17   included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials,"
18   "hazardous constituents," "restricted hazardous materials," "extremely hazardous substances,"
19   "toxic substances," "radioactive substances," "contaminants," "pollutants," "toxic pollutants" or
20   words of similar meaning and regulatory effect under any applicable Environmental Law, or any
21   other chemical, material or substance, exposure to which is prohibited, limited or regulated by
22   any applicable Environmental Law.
23        Initial Synchronization Date shall mean the date upon which the Generating Facility is
24   initially synchronized and upon which Trial Operation begins.
25       In-Service Date shall mean the date upon which the Interconnection Customer reasonably
26   expects it will be ready to begin use of the Transmission Provider's Interconnection Facilities to
27   obtain back feed power.
28       Interconnection Customer shall mean any entity, including the Transmission Provider,
29   Transmission Owner or any of the Affiliates or subsidiaries of either, that proposes to
30   interconnect its Generating Facility with the Transmission Provider's Transmission System.
31       Interconnection Customer's Interconnection Facilities shall mean all facilities and
32   equipment, as identified in Appendix A of the Standard Large Generator Interconnection
33   Agreement, that are located between the Generating Facility and the Point of Change of
34   Ownership, including any modification, addition, or upgrades to such facilities and equipment
35   necessary to physically and electrically interconnect the Generating Facility to the Transmission
36   Provider's Transmission System. Interconnection Customer's Interconnection Facilities are sole
37   use facilities.


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 235

1        Interconnection Facilities shall mean the Transmission Provider's Interconnection Facilities
2    and the Interconnection Customer's Interconnection Facilities. Collectively, Interconnection
3    Facilities include all facilities and equipment between the Generating Facility and the Point of
4    Interconnection, including any modification, additions or upgrades that are necessary to
5    physically and electrically interconnect the Generating Facility to the Transmission Provider's
6    Transmission System. Interconnection Facilities are sole use facilities and shall not include
7    Distribution Upgrades, Stand Alone Network Upgrades or Network Upgrades.
 8       Interconnection Facilities Study shall mean a study conducted by the Transmission Provider
 9   or a third party consultant for the Interconnection Customer to determine a list of facilities
10   (including Transmission Provider's Interconnection Facilities and Network Upgrades as
11   identified in the Interconnection System Impact Study), the cost of those facilities, and the time
12   required to interconnect the Generating Facility with the Transmission Provider's Transmission
13   System. The scope of the study is defined in Section 8 of the Standard Large Generator
14   Interconnection Procedures.
15       Interconnection Facilities Study Agreement shall mean the form of agreement contained in
16   Appendix 4 of the Standard Large Generator Interconnection Procedures for conducting the
17   Interconnection Facilities Study.
18       Interconnection Feasibility Study shall mean a preliminary evaluation of the system impact
19   and cost of interconnecting the Generating Facility to the Transmission Provider's Transmission
20   System, the scope of which is described in Section 6 of the Standard Large Generator
21   Interconnection Procedures.
22       Interconnection Feasibility Study Agreement shall mean the form of agreement contained in
23   Appendix 2 of the Standard Large Generator Interconnection Procedures for conducting the
24   Interconnection Feasibility Study.
25       Interconnection Request shall mean an Interconnection Customer's request, in the form of
26   Appendix 1 to the Standard Large Generator Interconnection Procedures, in accordance with the
27   Tariff, to interconnect a new Generating Facility, or to increase the capacity of, or make a
28   Material Modification to the operating characteristics of, an existing Generating Facility that is
29   interconnected with the Transmission Provider's Transmission System.
30       Interconnection Service shall mean the service provided by the Transmission Provider
31   associated with interconnecting the Interconnection Customer's Generating Facility to the
32   Transmission Provider's Transmission System and enabling it to receive electric energy and
33   capacity from the Generating Facility at the Point of Interconnection, pursuant to the terms of the
34   Standard Large Generator Interconnection Agreement and, if applicable, the Transmission
35   Provider's Tariff.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 236

1       Interconnection Study shall mean any of the following studies: The Interconnection
2    Feasibility Study, the Interconnection System Impact Study, and the Interconnection Facilities
3    Study described in the Standard Large Generator Interconnection Procedures.
 4       Interconnection System Impact Study shall mean an engineering study that evaluates the
 5   impact of the proposed interconnection on the safety and reliability of Transmission Provider's
 6   Transmission System and, if applicable, an Affected System. The study shall identify and detail
 7   the system impacts that would result if the Generating Facility were interconnected without
 8   project modifications or system modifications, focusing on the Adverse System Impacts
 9   identified in the Interconnection Feasibility Study, or to study potential impacts, including but
10   not limited to those identified in the Scoping Meeting as described in the Standard Large
11   Generator Interconnection Procedures.
12       Interconnection System Impact Study Agreement shall mean the form of agreement contained
13   in Appendix 3 of the Standard Large Generator Interconnection Procedures for conducting the
14   Interconnection System Impact Study.
15      IRS shall mean the Internal Revenue Service.
16       Joint Operating Committee shall be a group made up of representatives from Interconnection
17   Customers and the Transmission Provider to coordinate operating and technical considerations of
18   Interconnection Service.
19      Large Generating Facility shall mean a Generating Facility having a Generating Facility
20   Capacity of more than 20 MW.
21       Loss shall mean any and all losses relating to injury to or death of any person or damage to
22   property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other
23   obligations by or to third parties, arising out of or resulting from the other Party's performance,
24   or non-performance of its obligations under the Standard Large Generator Interconnection
25   Agreement on behalf of the indemnifying Party, except in cases of gross negligence or
26   intentional wrongdoing by the indemnifying Party.
27        Material Modification shall mean those modifications that have a material impact on the cost
28   or timing of any Interconnection Request with a later queue priority date.
29       Metering Equipment shall mean all metering equipment installed or to be installed at the
30   Generating Facility pursuant to the Standard Large Generator Interconnection Agreement at the
31   metering points, including but not limited to instrument transformers, MWh-meters, data
32   acquisition equipment, transducers, remote terminal unit, communications equipment, phone
33   lines, and fiber optics.
34      NERC shall mean the North American Electric Reliability Council or its successor
35   organization.



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 237

1        Network Resource shall mean any designated generating resource owned, purchased, or
2    leased by a Network Customer under the Network Integration Transmission Service Tariff.
3    Network Resources do not include any resource, or any portion thereof, that is committed for
4    sale to third parties or otherwise cannot be called upon to meet the Network Customer's Network
5    Load on a non-interruptible basis.
 6       Network Resource Interconnection Service shall mean an Interconnection Service that allows
 7   the Interconnection Customer to integrate its Large Generating Facility with the Transmission
 8   Provider's Transmission System (1) in a manner comparable to that in which the Transmission
 9   Provider integrates its generating facilities to serve native load customers; or (2) in an RTO or
10   ISO with market based congestion management, in the same manner as Network Resources.
11   Network Resource Interconnection Service in and of itself does not convey transmission service.
12       Network Upgrades shall mean the additions, modifications, and upgrades to the Transmission
13   Provider's Transmission System required at or beyond the point at which the Interconnection
14   Facilities connect to the Transmission Provider's Transmission System to accommodate the
15   interconnection of the Large Generating Facility to the Transmission Provider's Transmission
16   System.
17      Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in
18   connection with the Standard Large Generator Interconnection Agreement or its performance.
19      Optional Interconnection Study shall mean a sensitivity analysis based on assumptions
20   specified by the Interconnection Customer in the Optional Interconnection Study Agreement.
21      Optional Interconnection Study Agreement shall mean the form of agreement contained in
22   Appendix 5 of the Standard Large Generator Interconnection Procedures for conducting the
23   Optional Interconnection Study.
24      Party or Parties shall mean Transmission Provider, Transmission Owner, Interconnection
25   Customer or any combination of the above.
26       Point of Change of Ownership shall mean the point, as set forth in Appendix A to the
27   Standard Large Generator Interconnection Agreement, where the Interconnection Customer's
28   Interconnection Facilities connect to the Transmission Provider's Interconnection Facilities.
29      Point of Interconnection shall mean the point, as set forth in Appendix A to the Standard
30   Large Generator Interconnection Agreement, where the Interconnection Facilities connect to the
31   Transmission Provider's Transmission System.
32       Queue Position shall mean the order of a valid Interconnection Request, relative to all other
33   pending valid Interconnection Requests, that is established based upon the date and time of
34   receipt of the valid Interconnection Request by the Transmission Provider.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 238

1        Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by
2    a Party under the Standard Large Generator Interconnection Agreement, efforts that are timely
3    and consistent with Good Utility Practice and are otherwise substantially equivalent to those a
4    Party would use to protect its own interests.
5        Scoping Meeting shall mean the meeting between representatives of the Interconnection
6    Customer and Transmission Provider conducted for the purpose of discussing alternative
7    interconnection options, to exchange information including any transmission data and earlier
8    study evaluations that would be reasonably expected to impact such interconnection options, to
9    analyze such information, and to determine the potential feasible Points of Interconnection.
10       Site Control shall mean documentation reasonably demonstrating: (1) Ownership of, a
11   leasehold interest in, or a right to develop a site for the purpose of constructing the Generating
12   Facility; (2) an option to purchase or acquire a leasehold site for such purpose; or (3) an
13   exclusivity or other business relationship between Interconnection Customer and the entity
14   having the right to sell, lease or grant Interconnection Customer the right to possess or occupy a
15   site for such purpose.
16      Small Generating Facility shall mean a Generating Facility that has a Generating Facility
17   Capacity of no more than 20 MW.
18       Stand Alone Network Upgrades shall mean Network Upgrades that an Interconnection
19   Customer may construct without affecting day-to-day operations of the Transmission System
20   during their construction. Both the Transmission Provider and the Interconnection Customer
21   must agree as to what constitutes Stand Alone Network Upgrades and identify them in Appendix
22   A to the Standard Large Generator Interconnection Agreement.
23       Standard Large Generator Interconnection Agreement (LGIA) shall mean the form of
24   interconnection agreement applicable to an Interconnection Request pertaining to a Large
25   Generating Facility that is included in the Transmission Provider's Tariff.
26       Standard Large Generator Interconnection Procedures (LGIP) shall mean the
27   interconnection procedures applicable to an Interconnection Request pertaining to a Large
28   Generating Facility that are included in the Transmission Provider's Tariff.
29       System Protection Facilities shall mean the equipment, including necessary protection signal
30   communications equipment, required to protect (1) The Transmission Provider's Transmission
31   System from faults or other electrical disturbances occurring at the Generating Facility and (2)
32   The Generating Facility from faults or other electrical system disturbances occurring on the
33   Transmission Provider's Transmission System or on other delivery systems or other generating
34   systems to which the Transmission Provider's Transmission System is directly connected.
35       Tariff shall mean the Transmission Provider's Tariff through which open access transmission
36   service and Interconnection Service are offered, as filed with FERC, and as amended or
37   supplemented from time to time, or any successor tariff.

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 239

1        Transmission Owner shall mean an entity that owns, leases or otherwise possesses an interest
2    in the portion of the Transmission System at the Point of Interconnection and may be a Party to
3    the Standard Large Generator Interconnection Agreement to the extent necessary.
4        Transmission Provider shall mean the public utility (or its designated agent) that owns,
5    controls, or operates transmission or distribution facilities used for the transmission of electricity
6    in interstate commerce and provides transmission service under the Tariff. The term
7    Transmission Provider should be read to include the Transmission Owner when the Transmission
8    Owner is separate from the Transmission Provider.
 9       Transmission Provider's Interconnection Facilities shall mean all facilities and equipment
10   owned, controlled, or operated by the Transmission Provider from the Point of Change of
11   Ownership to the Point of Interconnection as identified in Appendix A to the Standard Large
12   Generator Interconnection Agreement, including any modifications, additions or upgrades to
13   such facilities and equipment. Transmission Provider's Interconnection Facilities are sole use
14   facilities and shall not include Distribution Upgrades, Stand Alone Network Upgrades or
15   Network Upgrades.
16       Transmission System shall mean the facilities owned, controlled or operated by the
17   Transmission Provider or Transmission Owner that are used to provide transmission service
18   under the Tariff.
19           Trial Operation shall mean the period during which Interconnection Customer is engaged
20   in on-site test operations and commissioning of the Generating Facility prior to Commercial
21   Operation.
22
23
24   Section 2.     Scope and Application.
25
26          2.1     Application of Standard Large Generator Interconnection
27                  Procedures.
28                  Sections 2 through 13 apply to processing an Interconnection Request pertaining
29                  to a Large Generating Facility.
30
31          2.2     Comparability.
32      Transmission Provider shall receive, process and analyze all Interconnection Requests in a
33   timely manner as set forth in this LGIP. Transmission Provider will use the same Reasonable
34   Efforts in processing and analyzing Interconnection Requests from all Interconnection
35   Customers, whether the Generating Facilities are owned by Transmission Provider, its
36   subsidiaries or Affiliates or others.
37
38          2.3     Base Case Data.


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 240

 1       Transmission Provider shall provide base power flow, short circuit and stability databases,
 2   including all underlying assumptions, and contingency list upon request subject to confidentiality
 3   provisions in LGIP Section 13.1. Transmission Provider is permitted to require that
 4   Interconnection Customer sign a confidentiality agreement before the release of commercially
 5   sensitive information or Critical Energy Infrastructure Information in the Base Case data. Such
 6   databases and lists, hereinafter referred to as Base Cases, shall include all (1) generation projects
 7   and (ii) transmission projects, including merchant transmission projects that are proposed for the
 8   Transmission System for which a transmission expansion plan has been submitted and approved
 9   by the applicable authority.
10
11          2.4     No Applicability to Transmission Service.
12       Nothing in this LGIP shall constitute a request for transmission service or confer upon an
13   Interconnection Customer any right to receive transmission service.
14
15
16   Section 3.     Interconnection Requests.
17
18          3.1     General.
19       An Interconnection Customer shall submit to Transmission Provider an Interconnection
20   Request in the form of Appendix 1 to this LGIP and a refundable deposit of $ 10,000.
21   Transmission Provider shall apply the deposit toward the cost of an Interconnection Feasibility
22   Study. Interconnection Customer shall submit a separate Interconnection Request for each site
23   and may submit multiple Interconnection Requests for a single site. Interconnection Customer
24   must submit a deposit with each Interconnection Request even when more than one request is
25   submitted for a single site. An Interconnection Request to evaluate one site at two different
26   voltage levels shall be treated as two Interconnection Requests. At Interconnection Customer's
27   option, Transmission Provider and Interconnection Customer will identify alternative Point(s) of
28   Interconnection and configurations at the Scoping Meeting to evaluate in this process and
29   attempt to eliminate alternatives in a reasonable fashion given resources and information
30   available. Interconnection Customer will select the definitive Point(s) of Interconnection to be
31   studied no later than the execution of the Interconnection Feasibility Study Agreement. The
32   Transmission Provider will use the regional reliability criteria developed and implemented by the
33   Florida Reliability Coordinating Council.
34
35
36          3.2     Identification of Types of Interconnection Services.
37       At the time the Interconnection Request is submitted, Interconnection Customer must request
38   either Energy Resource Interconnection Service or Network Resource Interconnection Service,



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 241

 1   as described; provided, however, any Interconnection Customer requesting Network Resource
 2   Interconnection Service may also request that it be concurrently studied for Energy Resource
 3   Interconnection Service, up to the point when an Interconnection Facility Study Agreement is
 4   executed. Interconnection Customer may then elect to proceed with Network Resource
 5   Interconnection Service or to proceed under a lower level of interconnection service to the extent
 6   that only certain upgrades will be completed.
 7
 8                  3.2.1 Energy Resource Interconnection Service (ER Interconnection
 9                        Service).
10
11       3.2.1.1 The Product. Energy Resource Interconnection Service allows Interconnection
12   Customer to connect the Large Generating Facility to the Transmission System and be eligible to
13   deliver the Large Generating Facility's output using the existing firm or non-firm capacity of the
14   Transmission System on an "as available" basis. Energy Resource Interconnection Service does
15   not in and of itself convey any right to deliver electricity to any specific customer or Point of
16   Delivery.
17
18       3.2.1.2 The Study. The study consists of short circuit/fault duty, grounding, reactive
19   power, stability, regional transfer capability, nuclear plant off-site power (where applicable),
20   steady state (thermal and voltage) and stability analyses. The short circuit/fault duty analysis
21   would identify direct Interconnection Facilities required and the Network Upgrades necessary to
22   address short circuit issues associated with the Interconnection Facilities. The stability and
23   steady state studies would identify necessary upgrades to allow full output of the proposed Large
24   Generating Facility and would also identify the maximum allowed output, at the time the study is
25   performed, of the interconnecting Large Generating Facility without requiring additional
26   Network Upgrades.
27
28                  3.2.2 Network Resource Interconnection Service (NR
29                        Interconnection Service).
30
31       3.2.2.1 The Product. Transmission Provider must conduct the necessary studies and
32   construct the Network Upgrades needed to integrate the Large Generating Facility (1) in a
33   manner comparable to that in which Transmission Provider integrates its generating facilities to
34   serve native load customers; or (2) in an ISO or RTO with market based congestion
35   management, in the same manner as Network Resources. Network Resource Interconnection
36   Service Allows Interconnection Customer's Large Generating Facility to be designated as a
37   Network Resource, up to the Large Generating Facility's full output, on the same basis as
38   existing Network Resources interconnected to Transmission Provider's




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 242

1    Transmission System, and to be studied as a Network Resource on the assumption that such a
2    designation will occur.
 3       3.2.2.2 The Study. The Interconnection Study for Network Resource Interconnection
 4   Service shall assure that Interconnection Customer's Large Generating Facility meets the
 5   requirements for Network Resource Interconnection Service and as a general matter, that such
 6   Large Generating Facility's interconnection is also studied with Transmission Provider's
 7   Transmission System at peak load and/or non-peak load (provided that if a Customer requests an
 8   explanation of why non-peak load was used, the Transmission Provider shall provide Customer
 9   with a justification that non-peak load based contingencies warrant such studies for reliability
10   purposes), under a variety of severely stressed conditions, to determine whether, with the Large
11   Generating Facility at full output, the aggregate of generation in the local area can be delivered
12   to the aggregate of load on Transmission Provider's Transmission System, consistent with
13   Transmission Provider's reliability criteria and procedures. This approach assumes that some
14   portion of existing Network Resources are displaced by the output of Interconnection Customer's
15   Large Generating Facility. Network Resource Interconnection Service in and of itself does not
16   convey any right to deliver electricity to any specific customer or Point of Delivery. The
17   Transmission Provider may also study the Transmission System under non-peak load conditions.
18   However, upon request by the Interconnection Customer, the Transmission Provider must
19   explain in writing to the Interconnection Customer why the study of non-peak load conditions is
20   required for reliability purposes.
21
22          3.3     Valid Interconnection Request.
23
24                  3.3.1 Initiating an Interconnection Request.
25        To initiate an Interconnection Request, Interconnection Customer must submit all of the
26   following: (i) A $ 10,000 deposit, (ii) a completed application in the form of Appendix 1, and
27   (iii) demonstration of Site Control or a posting of an additional deposit of $ 10,000. Such
28   deposits shall be applied toward any Interconnection Studies pursuant to the Interconnection
29   Request. If Interconnection Customer demonstrates Site Control within the cure period specified
30   in Section 3.3.3 after submitting its Interconnection Request, the additional deposit shall be
31   refundable; otherwise, all such deposit(s), additional and initial, become non-refundable.
32
33       The expected In-Service Date of the new Large Generating Facility or increase in capacity of
34   the existing Generating Facility shall be no more than the process window for the regional
35   expansion planning period (or in the absence of a regional planning process, the process window
36   for Transmission Provider's expansion planning period) not to exceed seven years from the date
37   the Interconnection Request is received by Transmission Provider, unless Interconnection
38   Customer demonstrates that engineering, permitting and construction of the new Large
39   Generating Facility or increase in capacity of the existing Generating Facility will take longer
40   than the regional expansion planning period. The In-Service Date may succeed the date the
41   Interconnection Request is received by Transmission Provider by a period up to ten years, or


     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 243

1    longer where Interconnection Customer and Transmission Provider agree, such agreement not to
2    be unreasonably withheld.
3
4                   3.3.2 Acknowledgment of Interconnection Request.
5        Transmission Provider shall acknowledge receipt of the Interconnection Request within five
6    (5) Business Days of receipt of the request and attach a copy of the received Interconnection
7    Request to the acknowledgement.
8
9                   3.3.3 Deficiencies in Interconnection Request.
10       An Interconnection Request will not be considered to be a valid request until all items in
11   Section 3.3.1 have been received by Transmission Provider. If an Interconnection Request fails
12   to meet the requirements set forth in Section 3.3.1, Transmission Provider shall notify
13   Interconnection Customer within five (5) Business Days of receipt of the initial Interconnection
14   Request of the reasons for such failure and that the Interconnection Request does not constitute a
15   valid request. Interconnection Customer shall provide Transmission Provider the additional
16   requested information needed to constitute a valid request within ten (10) Business Days after
17   receipt of such notice. Failure by Interconnection Customer to comply with this Section 3.3.3
18   shall be treated in accordance with Section 3.6.
19
20                  3.3.4 Scoping Meeting.
21       Within ten (10) Business Days after receipt of a valid Interconnection Request, Transmission
22   Provider shall establish a date agreeable to Interconnection Customer for the Scoping Meeting,
23   and such date shall be no later than thirty (30) Calendar Days from receipt of the valid
24   Interconnection Request, unless otherwise mutually agreed upon by the Parties.
25
26       The purpose of the Scoping Meeting shall be to discuss alternative interconnection options,
27   to exchange information including any transmission data that would reasonably be expected to
28   impact such interconnection options, to analyze such information and to determine the potential
29   feasible Points of Interconnection. Transmission Provider and Interconnection Customer will
30   bring to the meeting such technical data, including, but not limited to: (i) General facility
31   loadings, (ii) general instability issues, (iii) general short circuit issues, (iv) general voltage
32   issues, and (v) general reliability issues as may be reasonably required to accomplish the purpose
33   of the meeting. Transmission Provider and Interconnection Customer will also bring to the
34   meeting personnel and other resources as may be reasonably required to accomplish the purpose
35   of the meeting in the time allocated for the meeting. On the basis of the meeting, Interconnection
36   Customer shall designate its Point of Interconnection, pursuant to Section 6.1, and one or more
37   available alternative Point(s) of Interconnection. The duration of the meeting shall be sufficient
38   to accomplish its purpose.


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 244

1
2           3.4     OASIS Posting..
 3        Transmission Provider will maintain on its OASIS a list of all Interconnection Requests. The
 4   list will identify, for each Interconnection Request: (i) The maximum summer and winter
 5   megawatt electrical output; (ii) the location by county and state; (iii) the station or transmission
 6   line or lines where the interconnection will be made; (iv) the projected In-Service Date; (v) the
 7   status of the Interconnection Request, including Queue Position; (vi) the type of Interconnection
 8   Service being requested; and (vii) the availability of any studies related to the Interconnection
 9   Request; (viii) the date of the Interconnection Request; (ix) the type of Generating Facility to be
10   constructed (combined cycle, base load or combustion turbine and fuel type); and (x) for
11   Interconnection Requests that have not resulted in a completed interconnection, an explanation
12   as to why it was not completed. Except in the case of an Affiliate, list will not disclose the
13   identity of Interconnection Customer until Interconnection Customer executes an LGIA or
14   requests that Transmission Provider file an unexecuted LGIA with FERC. Before holding a
15   Scoping Meeting with its Affiliate, Transmission Provider shall post on OASIS an advance
16   notice of its intent to do so. Transmission Provider shall post to its OASIS site any deviations
17   from the study timelines set forth herein. Interconnection Study reports and Optional
18   Interconnection Study reports shall be posted to Transmission Provider's OASIS site subsequent
19   to the meeting between Interconnection Customer and Transmission Provider to discuss the
20   applicable study results. Transmission Provider shall also post any known deviations in the Large
21   Generating Facility's In-Service Date.
22
23          3.5     Coordination with Affected Systems.
24       Transmission Provider will coordinate the conduct of any studies required to determine the
25   impact of the Interconnection Request on Affected Systems with Affected System Operators and,
26   if possible, include those results (if available) in its applicable Interconnection Study within the
27   time frame specified in this LGIP. Transmission Provider will include such Affected System
28   Operators in all meetings held with Interconnection Customer as required by this LGIP.
29   Interconnection Customer will cooperate with Transmission Provider in all matters related to the
30   conduct of studies and the determination of modifications to Affected Systems. A Transmission
31   Provider which may be an Affected System shall cooperate with Transmission Provider with
32   whom interconnection has been requested in all matters related to the conduct of studies and the
33   determination of modifications to Affected Systems.
34
35          3.6     Withdrawal.
36       Interconnection Customer may withdraw its Interconnection Request at any time by written
37   notice of such withdrawal to Transmission Provider. In addition, if Interconnection Customer
38   fails to adhere to all requirements of this LGIP, except as provided in Section 13.5 (Disputes),




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 245

1    Transmission Provider shall deem the Interconnection Request to be withdrawn and shall provide
2    written notice to Interconnection Customer of the deemed withdrawal and an explanation of the
3    reasons for such deemed withdrawal. Upon receipt of such written notice, Interconnection
4    Customer shall have fifteen (15) Business Days in which to either respond with information or
5    actions that cures the deficiency or to notify Transmission Provider of its intent to pursue
6    Dispute Resolution.
7
 8       Withdrawal shall result in the loss of Interconnection Customer's Queue Position. If an
 9   Interconnection Customer disputes the withdrawal and loss of its Queue Position, then during
10   Dispute Resolution, Interconnection Customer's Interconnection Request is eliminated from the
11   queue until such time that the outcome of Dispute Resolution would restore its Queue Position.
12   An Interconnection Customer that withdraws or is deemed to have withdrawn its Interconnection
13   Request shall pay to Transmission Provider all costs that Transmission Provider prudently incurs
14   with respect to that Interconnection Request prior to Transmission Provider's receipt of notice
15   described above. Interconnection Customer must pay all monies due to Transmission Provider
16   before it is allowed to obtain any Interconnection Study data or results.
17       Transmission Provider shall (i) update the OASIS Queue Position posting and (ii) refund to
18   Interconnection Customer any portion of Interconnection Customer's deposit or study payments
19   that exceeds the costs that Transmission Provider has incurred, including interest calculated in
20   accordance with section 35.19a(a)(2) of FERC's regulations. In the event of such withdrawal,
21   Transmission Provider, subject to the confidentiality provisions of Section 13.1, shall provide, at
22   Interconnection Customer's request, all information that Transmission Provider developed for
23   any completed study conducted up to the date of withdrawal of the Interconnection Request.
24
25
26   Section 4.     Queue Position.
27
28          4.1     General.
29       Transmission Provider shall assign a Queue Position based upon the date and time of receipt
30   of the valid Interconnection Request; provided that, if the sole reason an Interconnection Request
31   is not valid is the lack of required information on the application form, and Interconnection
32   Customer provides such information in accordance with Section 3.3.3, then Transmission
33   Provider shall assign Interconnection Customer a Queue Position based on the date the
34   application form was originally filed. Moving a Point of Interconnection shall result in a
35   lowering of Queue Position if it is deemed a Material Modification under Section 4.4.3. The
36   Queue Position of each Interconnection Request will be used to determine the order of
37   performing the Interconnection Studies and determination of cost responsibility for the facilities
38   necessary to accommodate the Interconnection Request. A higher queued Interconnection
39   Request is one that has been placed "earlier" in the queue in relation to another Interconnection

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 246

1    Request that is lower queued. Transmission Provider may allocate the cost of the common
2    upgrades for clustered Interconnection Requests without regard to Queue Position.
3
4
5           4.2     Clustering.
6        At Transmission Provider's option, Interconnection Requests may be studied serially or in
7    clusters for the purpose of the Interconnection System Impact Study.
 8       Clustering shall be implemented on the basis of Queue Position. If Transmission Provider
 9   elects to study Interconnection Requests using Clustering, all Interconnection Requests received
10   within a period not to exceed one hundred and eighty (180) Calendar Days, hereinafter referred
11   to as the "Queue Cluster Window" shall be studied together without regard to the nature of the
12   underlying Interconnection Service, whether Energy Resource Interconnection Service or
13   Network Resource Interconnection Service. The deadline for completing all Interconnection
14   System Impact Studies for which an Interconnection System Impact Study Agreement has been
15   executed during a Queue Cluster Window shall be in accordance with Section 7.4, for all
16   Interconnection Requests assigned to the same Queue Cluster Window. Transmission Provider
17   may study an Interconnection Request separately to the extent warranted by Good Utility
18   Practice based upon the electrical remoteness of the proposed Large Generating Facility.
19   Clustering Interconnection System Impact Studies shall be conducted in such a manner to ensure
20   the efficient implementation of the applicable regional transmission expansion plan in light of
21   the Transmission System's capabilities at the time of each study.
22        The Queue Cluster Window shall have a fixed time interval based on fixed annual opening
23   and closing dates. Any changes to the established Queue Cluster Window interval and opening
24   or closing dates shall be announced with a posting on Transmission Provider's OASIS beginning
25   at least one hundred and eighty (180) Calendar Days in advance of the change and continuing
26   thereafter through the end date of the first Queue Cluster Window that is to be modified.
27
28          4.3     Transferability of Queue Position.
29       An Interconnection Customer may transfer its Queue Position to another entity only if such
30   entity acquires the specific Generating Facility identified in the Interconnection Request and the
31   Point of Interconnection does not change.
32
33          4.4     Modifications.
34       Interconnection Customer shall submit to Transmission Provider, in writing, modifications to
35   any information provided in the Interconnection Request. Interconnection Customer shall retain
36   its Queue Position if the modifications are in accordance with Sections 4.4.1, 4.4.2 or 4.4.5, or
37   are determined not to be Material Modifications pursuant to Section 4.4.3. Notwithstanding the
38   above, during the course of the Interconnection Studies, either Interconnection Customer or


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 247

 1   Transmission Provider may identify changes to the planned interconnection that may improve
 2   the costs and benefits (including reliability) of the interconnection, and the ability of the
 3   proposed change to accommodate the Interconnection Request. To the extent the identified
 4   changes are acceptable to Transmission Provider and Interconnection Customer, such acceptance
 5   not to be unreasonably withheld, Transmission Provider shall modify the Point of
 6   Interconnection and/or configuration in accordance with such changes and proceed with any re-
 7   studies necessary to do so in accordance with Section 6.4, Section 7.6 and Section 8.5 as
 8   applicable and Interconnection Customer shall retain its Queue Position.
 9
10
11       4.4.1 Prior to the return of the executed Interconnection System Impact Study Agreement to
12   Transmission Provider, modifications permitted under this Section shall include specifically: (a)
13   A decrease of up to 60 percent of electrical output (MW) of the proposed project; (b) modifying
14   the technical parameters associated with the Large Generating Facility technology or the Large
15   Generating Facility step-up transformer impedance characteristics; and (c) modifying the
16   interconnection configuration. For plant increases, the incremental increase in plant output will
17   go to the end of the queue for the purposes of cost allocation and study analysis.
18
19       4.4.2 Prior to the return of the executed Interconnection Facility Study Agreement to
20   Transmission Provider, the modifications permitted under this Section shall include specifically:
21   (a) Additional 15 percent decrease of electrical output (MW), and (b) Large Generating Facility
22   technical parameters associated with modifications to Large Generating Facility technology and
23   transformer impedances; provided, however, the incremental costs associated with those
24   modifications are the responsibility of the requesting Interconnection Customer.
25
26       4.4.3 Prior to making any modification other than those specifically permitted by Sections
27   4.4.1, 4.4.2, and 4.4.5, Interconnection Customer may first request that Transmission Provider
28   evaluate whether such modification is a Material Modification. In response to Interconnection
29   Customer's request, Transmission Provider shall evaluate the proposed modifications prior to
30   making them and inform Interconnection Customer in writing of whether the modifications
31   would constitute a Material Modification. Any change to the Point of Interconnection, except
32   those deemed acceptable under Sections 4.4.1, 6.1, 7.2 or so allowed elsewhere, shall constitute a
33   Material Modification. Interconnection Customer may then withdraw the proposed modification
34   or proceed with a new Interconnection Request for such modification.
35
36       4.4.4 Upon receipt of Interconnection Customer's request for modification permitted under
37   this Section 4.4, Transmission Provider shall commence and perform any necessary additional
38   studies as soon as practicable, but in no event shall Transmission Provider commence such
39   studies later than thirty (30) Calendar Days after receiving notice of Interconnection Customer's

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 248

1    request. Any additional studies resulting from such modification shall be done at Interconnection
2    Customer's cost.
3
 4       4.4.5 Extensions of less than three (3) cumulative years in the Commercial Operation Date of
 5   the Large Generating Facility to which the Interconnection Request relates are not material and
 6   should be handled through construction sequencing.
 7
 8
 9   Section 5.     Procedures for Interconnection Requests Submitted Prior to
10                  Effective Date of Standard Large Generator Interconnection
11                  Procedures.
12
13          5.1     Queue Position for Pending Requests.
14
15   5.1.1 Any Interconnection Customer assigned a Queue Position prior to the effective date of this
16   LGIP shall retain that Queue Position.
17
18       5.1.1.1 If an Interconnection Study Agreement has not been executed as of the effective date
19   of this LGIP, then such Interconnection Study, and any subsequent Interconnection Studies, shall
20   be processed in accordance with this LGIP.
21       5.1.1.2 If an Interconnection Study Agreement has been executed prior to the effective date
22   of this LGIP, such Interconnection Study shall be completed in accordance with the terms of
23   such agreement. With respect to any remaining studies for which an Interconnection Customer
24   has not signed an Interconnection Study Agreement prior to the effective date of the LGIP,
25   Transmission Provider must offer Interconnection Customer the option of either continuing
26   under Transmission Provider's existing interconnection study process or going forward with the
27   completion of the necessary Interconnection Studies (for which it does not have a signed
28   Interconnection Studies Agreement) in accordance with this LGIP.
29
30      5.1.1.3 If an LGIA has been submitted to FERC for approval before the effective date of the
31   LGIP, then the LGIA would be grandfathered.
32
33   5.1.2 Transition Period
34       To the extent necessary, Transmission Provider and Interconnection Customers with an
35   outstanding request (i.e., an Interconnection Request for which an LGIA has not been submitted
36   to FERC for approval as of the effective date of this LGIP) shall transition to this LGIP within a




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 249

 1   reasonable period of time not to exceed sixty (60) Calendar Days. The use of the term
 2   "outstanding request" herein shall mean any Interconnection Request, on the effective date of
 3   this LGIP: (i) That has been submitted but not yet accepted by Transmission Provider; (ii) where
 4   the related interconnection agreement has not yet been submitted to FERC for approval in
 5   executed or unexecuted form, (iii) where the relevant Interconnection Study Agreements have
 6   not yet been executed, or (iv) where any of the relevant Interconnection Studies are in process
 7   but not yet completed. Any Interconnection Customer with an outstanding request as of the
 8   effective date of this LGIP may request a reasonable extension of any deadline, otherwise
 9   applicable, if necessary to avoid undue hardship or prejudice to its Interconnection Request. A
10   reasonable extension shall be granted by Transmission Provider to the extent consistent with the
11   intent and process provided for under this LGIP.
12
13          5.2     New Transmission Provider.
14       If Transmission Provider transfers control of its Transmission System to a successor
15   Transmission Provider during the period when an Interconnection Request is pending, the
16   original Transmission Provider shall transfer to the successor Transmission Provider any amount
17   of the deposit or payment with interest thereon that exceeds the cost that it incurred to evaluate
18   the request for interconnection. Any difference between such net amount and the deposit or
19   payment required by this LGIP shall be paid by or refunded to the Interconnection Customer, as
20   appropriate. The original Transmission Provider shall coordinate with the successor
21   Transmission Provider to complete any Interconnection Study, as appropriate, that the original
22   Transmission Provider has begun but has not completed. If Transmission Provider has tendered a
23   draft LGIA to Interconnection Customer but Interconnection Customer has not either executed
24   the LGIA or requested the filing of an unexecuted LGIA with FERC, unless otherwise provided,
25   Interconnection Customer must complete negotiations with the successor Transmission Provider.
26
27
28   Section 6.     Interconnection Feasibility Study.
29
30          6.1     Interconnection Feasibility Study Agreement.
31       Simultaneously with the acknowledgement of a valid Interconnection Request Transmission
32   Provider shall provide to Interconnection Customer an Interconnection Feasibility Study
33   Agreement in the form of Appendix 2. The Interconnection Feasibility Study Agreement shall
34   specify that Interconnection Customer is responsible for the actual cost of the Interconnection
35   Feasibility Study. Within five (5) Business Days following the Scoping Meeting Interconnection
36   Customer shall specify for inclusion in the attachment to the Interconnection Feasibility Study
37   Agreement the Point(s) of Interconnection and any reasonable alternative Point(s) of
38   Interconnection. Within five (5) Business Days following Transmission Provider's receipt of
39   such designation, Transmission Provider shall tender to Interconnection Customer the




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 250

 1   Interconnection Feasibility Study Agreement signed by Transmission Provider, which includes a
 2   good faith estimate of the cost for completing the Interconnection Feasibility Study.
 3   Interconnection Customer shall execute and deliver to Transmission Provider the Interconnection
 4   Feasibility Study Agreement along with a $ 10,000 deposit no later than thirty (30) Calendar
 5   Days after its receipt. On or before the return of the executed Interconnection Feasibility Study
 6   Agreement to Transmission Provider, Interconnection Customer shall provide the technical data
 7   called for in Appendix 1, Attachment A. If the Interconnection Feasibility Study uncovers any
 8   unexpected result(s) not contemplated during the Scoping Meeting, a substitute Point of
 9   Interconnection identified by either Interconnection Customer or Transmission Provider, and
10   acceptable to the other, such acceptance not to be unreasonably withheld, will be substituted for
11   the designated Point of Interconnection specified above without loss of Queue Position, and Re-
12   studies shall be completed pursuant to Section 6.4 as applicable. For the purpose of this Section
13   6.1, if Transmission Provider and InterconnectionCustomer cannot agree on the substituted Point
14   of Interconnection, then Interconnection Customer may direct that one of the alternatives as
15   specified in the Interconnection Feasibility Study Agreement, as specified pursuant to Section
16   3.3.4, shall be the substitute.
17
18
19          6.2     Scope of Interconnection Feasibility Study.
20       The Interconnection Feasibility Study shall preliminarily evaluate the feasibility of the
21   proposed interconnection to the Transmission System.The Interconnection Feasibility Study will
22   consider the Base Case as well as all generating facilities (and with respect to (iii), any identified
23   Network Upgrades) that, on the date the Interconnection Feasibility Study is commenced: (i) Are
24   directly interconnected to the Transmission System; (ii) are interconnected to Affected Systems
25   and may have an impact on the Interconnection Request; (iii) have a pending higher queued
26   Interconnection Request to interconnect to the Transmission System; and (iv) have no Queue
27   Position but have executed an LGIA or requested that an unexecuted LGIA be filed with FERC.
28   The Interconnection Feasibility Study will consist of a power flow and short circuit analysis. The
29   Interconnection Feasibility Study will provide a list of facilities and a non-binding good faith
30   estimate of cost responsibility and a non-binding good faith estimated time to construct.
31
32
33          6.3     Interconnection Feasibility Study Procedures.
34       Transmission Provider shall utilize existing studies to the extent practicable when it performs
35   the study. Transmission Provider shall use Reasonable Efforts to complete the Interconnection
36   Feasibility Study no later than forty-five (45) Calendar Days after Transmission Provider
37   receives the fully executed Interconnection Feasibility Study Agreement. At the request of
38   Interconnection Customer or at any time Transmission Provider determines that it will not meet
39   the required time frame for completing the Interconnection Feasibility Study, Transmission


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 251

 1   Provider shall notify Interconnection Customer as to the schedule status of the Interconnection
 2   Feasibility Study. If Transmission Provider is unable to complete the Interconnection Feasibility
 3   Study within that time period, it shall notify Interconnection Customer and provide an estimated
 4   completion date with an explanation of the reasons why additional time is required. Upon
 5   request, Transmission Provider shall provide Interconnection Customer supporting
 6   documentation, workpapers and relevant power flow, short circuit and stability databases for the
 7   Interconnection Feasibility Study, subject to confidentiality arrangements consistent with Section
 8   13.1.
 9
10   6.3.1 Meeting with Transmission Provider
11       Within ten (10) Business Days of providing an Interconnection Feasibility Study report to
12   Interconnection Customer, Transmission Provider and Interconnection Customer shall meet to
13   discuss the results of the Interconnection Feasibility Study.
14
15          6.4     Re-Study.
16       If Re-Study of the Interconnection Feasibility Study is required due to a higher queued
17   project dropping out of the queue, or a modification of a higher queued project subject to Section
18   4.4, or re-designation of the Point of Interconnection pursuant to Section 6.1 Transmission
19   Provider shall notify Interconnection Customer in writing. Such Re-Study shall take not longer
20   than forty-five (45) Calendar Days from the date of the notice. Any cost of Re-Study shall be
21   borne by the Interconnection Customer being re-studied.
22
23
24   Section 7.     Interconnection System Impact Study.
25
26          7.1     Interconnection System Impact Study Agreement.
27       Unless otherwise agreed, pursuant to the Scoping Meeting provided in Section 3.3.4,
28   simultaneously with the delivery of the Interconnection Feasibility Study to Interconnection
29   Customer, Transmission Provider shall provide to Interconnection Customer an Interconnection
30   System Impact Study Agreement in the form of Appendix 3 to this LGIP. The Interconnection
31   System Impact Study Agreement shall provide that Interconnection Customer shall compensate
32   Transmission Provider for the actual cost of the Interconnection System Impact Study. Within
33   three (3) Business Days following the Interconnection Feasibility Study results meeting,
34   Transmission Provider shall provide to Interconnection Customer a non-binding good faith
35   estimate of the cost and timeframe for completing the Interconnection System Impact Study.
36
37          7.2     Execution of Interconnection System Impact Study Agreement.
38      Interconnection Customer shall execute the Interconnection System Impact Study Agreement
39   and deliver the executed Interconnection System Impact Study Agreement to Transmission

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 252

1    Provider no later than thirty (30) Calendar Days after its receipt along with demonstration of Site
2    Control, and a $ 50,000 deposit.
3        If Interconnection Customer does not provide all such technical data when it delivers the
4    Interconnection System Impact Study Agreement, Transmission Provider shall notify
5    Interconnection Customer of the deficiency within five (5) Business Days of the receipt of the
6    executed Interconnection System Impact Study Agreement and Interconnection Customer shall
7    cure the deficiency within ten (10) Business Days of receipt of the notice, provided, however,
8    such deficiency does not include failure to deliver the executed Interconnection System Impact
9    Study Agreement or deposit.
10       If the Interconnection System Impact Study uncovers any unexpected result(s) not
11   contemplated during the Scoping Meeting and the Interconnection Feasibility Study, a substitute
12   Point of Interconnection identified by either Interconnection Customer or Transmission Provider,
13   and acceptable to the other, such acceptance not to be unreasonably withheld, will be substituted
14   for the designated Point of Interconnection specified above without loss of Queue Position, and
15   restudies shall be completed pursuant to Section 7.6 as applicable. For the purpose of this
16   Section 7.2, if Transmission Provider and Interconnection Customer cannot agree on the
17   substituted Point of Interconnection, then Interconnection Customer may direct that one of the
18   alternatives as specified in the Interconnection Feasibility Study Agreement, as specified
19   pursuant to Section 3.3.4, shall be the substitute.
20
21
22          7.3     Scope of Interconnection System Impact Study.
23        The Interconnection System Impact Study shall evaluate the impact of the proposed
24   interconnection on the reliability of the Transmission System. The Interconnection System
25   Impact Study will consider the Base Case as well as all generating facilities (and with respect to
26   (iii) below, any identified Network Upgrades associated with such higher queued
27   interconnection) that, on the date the Interconnection System Impact Study is commenced: (i)
28   Are directly interconnected to the Transmission System; (ii) are interconnected to Affected
29   Systems and may have an impact on the Interconnection Request; (iii) have a pending higher
30   queued Interconnection Request to interconnect to the Transmission System; and (iv) have no
31   Queue Position but have executed an LGIA or requested that an unexecuted LGIA be filed with
32   FERC.
33       The Interconnection System Impact Study will consist of a short circuit analysis, grounding,
34   reactive power, regional transfer capability, nuclear plant off-site power (where applicable), a
35   stability analysis, and a power flow analysis. The Interconnection System Impact Study will state
36   the assumptions upon which it is based; state the results of the analyses; and provide the




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 253

1    requirements or potential impediments to providing the requested interconnection service,
2    including a preliminary indication of the cost and length of time that would be necessary to
3    correct any problems identified in those analyses and implement the interconnection. The
4    Interconnection System Impact Study will provide a list of facilities that are required as a result
5    of the Interconnection Request and a non-binding good faith estimate of cost responsibility and a
6    non-binding good faith estimated time to construct.
7
8
9           7.4     Interconnection System Impact Study Procedures.
10       Transmission Provider shall coordinate the Interconnection System Impact Study with any
11   Affected System that is affected by the Interconnection Request pursuant to Section 3.5 above.
12   Transmission Provider shall utilize existing studies to the extent practicable when it performs the
13   study. Transmission Provider shall use Reasonable Efforts to complete the Interconnection
14   System Impact Study within ninety (90) Calendar Days after the receipt of the Interconnection
15   System Impact Study Agreement or notification to proceed, study payment, and technical data. If
16   Transmission Provider uses Clustering, Transmission Provider shall use Reasonable Efforts to
17   deliver a completed Interconnection System Impact Study within ninety (90) Calendar Days after
18   the close of the Queue Cluster Window. At the request of Interconnection Customer or at any
19   time Transmission Provider determines that it will not meet the required time frame for
20   completing the Interconnection System Impact Study, Transmission Provider shall notify
21   Interconnection Customer as to the schedule status of the Interconnection System Impact Study.
22   If Transmission Provider is unable to complete the Interconnection System Impact Study within
23   the time period, it shall notify Interconnection Customer and provide an estimated completion
24   date with an explanation of the reasons why additional time is required. Upon request,
25   Transmission Provider shall provide Interconnection Customer all supporting documentation,
26   workpapers and relevant pre-Interconnection Request and post-Interconnection Request power
27   flow, short circuit and stability databases for the Interconnection System Impact Study, subject to
28   confidentiality arrangements consistent with Section 13.1.
29
30
31          7.5     Meeting with Transmission Provider.
32       Within ten (10) Business Days of providing an Interconnection System Impact Study report
33   to Interconnection Customer, Transmission Provider and Interconnection Customer shall meet to
34   discuss the results of the Interconnection System Impact Study.
35
36          7.6     Re-Study.
37       If Re-Study of the Interconnection System Impact Study is required due to a higher queued
38   project dropping out of the queue, or a modification of a higher queued project subject to 4.4, or
39   re-




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 254

1    designation of the Point of Interconnection pursuant to Section 7.2 Transmission Provider shall
2    notify Interconnection Customer in writing. Such Re-Study shall take no longer than sixty (60)
3    Calendar Days from the date of notice. Any cost of Re-Study shall be borne by the
4    Interconnection Customer being re-studied.
5
6
7    Section 8.     Interconnection Facilities Study.
8
9           8.1     Interconnection Facilities Study Agreement.
10       Simultaneously with the delivery of the Interconnection System Impact Study to
11   Interconnection Customer, Transmission Provider shall provide to Interconnection Customer an
12   Interconnection Facilities Study Agreement in the form of Appendix 4 to this LGIP. The
13   Interconnection Facilities Study Agreement shall provide that Interconnection Customer shall
14   compensate Transmission Provider for the actual cost of the Interconnection Facilities Study.
15   Within three (3) Business Days following the Interconnection System Impact Study results
16   meeting, Transmission Provider shall provide to Interconnection Customer a non-binding good
17   faith estimate of the cost and timeframe for completing the Interconnection Facilities Study.
18   Interconnection Customer shall execute the Interconnection Facilities Study Agreement and
19   deliver the executed Interconnection Facilities Study Agreement to Transmission Provider within
20   thirty (30) Calendar Days after its receipt, together with the required technical data and the
21   greater of $ 100,000 or Interconnection Customer's portion of the estimated monthly cost of
22   conducting the Interconnection Facilities Study.
23
24       8.1.1 Transmission Provider shall invoice Interconnection Customer on a monthly basis for
25   the work to be conducted on the Interconnection Facilities Study each month. Interconnection
26   Customer shall pay invoiced amounts within thirty (30) Calendar Days of receipt of invoice.
27   Transmission Provider shall continue to hold the amounts on deposit until settlement of the final
28   invoice.
29
30          8.2     Scope of Interconnection Facilities Study.
31       The Interconnection Facilities Study shall specify and estimate the cost of the equipment,
32   engineering, procurement and construction work needed to implement the conclusions of the
33   Interconnection System Impact Study in accordance with Good Utility Practice to physically and
34   electrically connect the Interconnection Facility to the Transmission System. The
35   Interconnection Facilities Study shall also identify the electrical switching configuration of the
36   connection equipment, including, without limitation: The transformer, switchgear, meters, and
37   other station equipment; the nature and estimated cost of any Transmission Provider's
38   Interconnection Facilities and Network Upgrades necessary to accomplish the interconnection;




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 255

1    and an estimate of the time required to complete the construction and installation of such
2    facilities.
3
4           8.3     Interconnection Facilities Study Procedures.
 5       Transmission Provider shall coordinate the Interconnection Facilities Study with any
 6   Affected System pursuant to Section 3.5 above. Transmission Provider shall utilize existing
 7   studies to the extent practicable in performing the Interconnection Facilities Study. Transmission
 8   Provider shall use Reasonable Efforts to complete the study and issue a draft Interconnection
 9   Facilities Study report to Interconnection Customer within the following number of days after
10   receipt of an executed Interconnection Facilities Study Agreement: Ninety (90) Calendar Days,
11   with no more than a +/-20 percent cost estimate contained in the report; or one hundred eighty
12   (180) Calendar Days, if Interconnection Customer requests a +/-10 percent cost estimate.
13       At the request of Interconnection Customer or at any time Transmission Provider determines
14   that it will not meet the required time frame for completing the Interconnection Facilities Study,
15   Transmission Provider shall notify Interconnection Customer as to the schedule status of the
16   Interconnection Facilities Study. If Transmission Provider is unable to complete the
17   Interconnection Facilities Study and issue a draft Interconnection Facilities Study report within
18   the time required, it shall notify Interconnection Customer and provide an estimated completion
19   date and an explanation of the reasons why additional time is required.
20       Interconnection Customer may, within thirty (30) Calendar Days after receipt of the draft
21   report, provide written comments to Transmission Provider, which Transmission Provider shall
22   include in the final report. Transmission Provider shall issue the final Interconnection Facilities
23   Study report within fifteen (15) Business Days of receiving Interconnection Customer's
24   comments or promptly upon receiving Interconnection Customer's statement that it will not
25   provide comments. Transmission Provider may reasonably extend such fifteen-day period upon
26   notice to Interconnection Customer if Interconnection Customer's comments require
27   Transmission Provider to perform additional analyses or make other significant modifications
28   prior to the issuance of the final Interconnection Facilities Report. Upon request, Transmission
29   Provider shall provide Interconnection Customer supporting documentation, workpapers, and
30   databases or data developed in the preparation of the Interconnection Facilities Study, subject to
31   confidentiality arrangements consistent with Section 13.1.
32
33
34          8.4     Meeting with Transmission Provider.
35       Within ten (10) Business Days of providing a draft Interconnection Facilities Study report to
36   Interconnection Customer, Transmission Provider and Interconnection Customer shall meet to
37   discuss the results of the Interconnection Facilities Study.



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 256

1           8.5     Re-Study.
2        If Re-Study of the Interconnection Facilities Study is required due to a higher queued project
3    dropping out of the queue or a modification of a higher queued project pursuant to Section 4.4,
4    Transmission Provider shall so notify Interconnection Customer in writing. Such Re-Study shall
5    take no longer than sixty (60) Calendar Days from the date of notice. Any cost of Re-Study shall
6    be borne by the Interconnection Customer being re-studied.
7
8
9    Section 9.     Engineering & Procurement (“E&P”) Agreement.
10       Prior to executing an LGIA, an Interconnection Customer may, in order to advance the
11   implementation of its interconnection, request and Transmission Provider shall offer the
12   Interconnection Customer, an E&P Agreement that authorizes Transmission Provider to begin
13   engineering and procurement of long lead-time items necessary for the establishment of the
14   interconnection. However, Transmission Provider shall not be obligated to offer an E&P
15   Agreement if Interconnection Customer is in Dispute Resolution as a result of an allegation that
16   Interconnection Customer has failed to meet any milestones or comply with any prerequisites
17   specified in other parts of the LGIP. The E&P Agreement is an optional procedure and it will not
18   alter the Interconnection Customer's Queue Position or In-Service Date. The E&P Agreement
19   shall provide for Interconnection Customer to pay the cost of all activities authorized by
20   Interconnection Customer and to make advance payments or provide other satisfactory security
21   for such costs.
22       Interconnection Customer shall pay the cost of such authorized activities and any
23   cancellation costs for equipment that is already ordered for its interconnection, which cannot be
24   mitigated as hereafter described, whether or not such items or equipment later become
25   unnecessary. If Interconnection Customer withdraws its application for interconnection or either
26   Party terminates the E&P Agreement, to the extent the equipment ordered can be canceled under
27   reasonable terms, Interconnection Customer shall be obligated to pay the associated cancellation
28   costs. To the extent that the equipment cannot be reasonably canceled, Transmission Provider
29   may elect: (i) To take title to the equipment, in which event Transmission Provider shall refund
30   Interconnection Customer any amounts paid by Interconnection Customer for such equipment
31   and shall pay the cost of delivery of such equipment, or (ii) to transfer title to and deliver such
32   equipment to Interconnection Customer, in which event Interconnection Customer shall pay any
33   unpaid balance and cost of delivery of such equipment.
34
35
36   Section 10. Optional Interconnection Study.
37
38          10.1    Optional Interconnection Study Agreement.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 257

 1       On or after the date when Interconnection Customer receives Interconnection System Impact
 2   Study results, Interconnection Customer may request, and Transmission Provider shall perform a
 3   reasonable number of Optional Studies. The request shall describe the assumptions that
 4   Interconnection Customer wishes Transmission Provider to study within the scope described in
 5   Section 10.2. Within five (5) Business Days after receipt of a request for an Optional
 6   Interconnection Study, Transmission Provider shall provide to Interconnection Customer an
 7   Optional Interconnection Study Agreement in the form of Appendix 5. The Optional
 8   Interconnection Study Agreement shall: (i) Specify the technical data that Interconnection
 9   Customer must provide for each phase of the Optional Interconnection Study, (ii) specify
10   Interconnection Customer's assumptions as to which Interconnection Requests with earlier queue
11   priority dates will be excluded from the Optional Interconnection Study case and assumptions as
12   to the type of interconnection service for Interconnection Requests remaining in the Optional
13   Interconnection Study case, and (iii) Transmission Provider's estimate of the cost of the Optional
14   Interconnection Study. To the extent known by Transmission Provider, such estimate shall
15   include any costs expected to be incurred by any Affected System whose participation is
16   necessary to complete the Optional Interconnection Study. Notwithstanding the above,
17   Transmission Provider shall not be required as a result of an Optional Interconnection Study
18   request to conduct any additional Interconnection Studies with respect to any other
19   Interconnection Request.
20      Interconnection Customer shall execute the Optional Interconnection Study Agreement
21   within ten (10) Business Days of receipt and deliver the Optional Interconnection Study
22   Agreement, the technical data and a $ 10,000 deposit to Transmission Provider.
23
24
25          10.2    Scope of Optional Interconnection Study.
26       The Optional Interconnection Study will consist of a sensitivity analysis based on the
27   assumptions specified by Interconnection Customer in the Optional Interconnection Study
28   Agreement. The Optional Interconnection Study will also identify Transmission Provider's
29   Interconnection Facilities and the Network Upgrades, and the estimated cost thereof, that may be
30   required to provide transmission service or Interconnection Service based upon the results of the
31   Optional Interconnection Study. The Optional Interconnection Study shall be performed solely
32   for informational purposes. Transmission Provider shall use Reasonable Efforts to coordinate the
33   study with any Affected Systems that may be affected by the types of Interconnection Services
34   that are being studied. Transmission Provider shall utilize existing studies to the extent
35   practicable in conducting the Optional Interconnection Study.
36
37          10.3    Optional Interconnection Study Procedures.
38       The executed Optional Interconnection Study Agreement, the prepayment, and technical and
39   other data called for therein must be provided to Transmission Provider within ten (10) Business


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 258

 1   Days of Interconnection Customer receipt of the Optional Interconnection Study Agreement.
 2   Transmission Provider shall use Reasonable Efforts to complete the Optional Interconnection
 3   Study within a mutually agreed upon time period specified within the Optional Interconnection
 4   Study Agreement. If Transmission Provider is unable to complete the Optional Interconnection
 5   Study within such time period, it shall notify Interconnection Customer and provide an estimated
 6   completion date and an explanation of the reasons why additional time is required. Any
 7   difference between the study payment and the actual cost of the study shall be paid to
 8   Transmission Provider or refunded to Interconnection Customer, as appropriate. Upon request,
 9   Transmission Provider shall provide Interconnection Customer supporting documentation and
10   workpapers and databases or data developed in the preparation of the Optional Interconnection
11   Study, subject to confidentiality arrangements consistent with Section 13.1.
12
13
14   Section 11. Standard Large Generator Interconnection Agreement (LGIA).
15
16          11.1    Tender.
17      Interconnection Customer shall tender comments on the draft Interconnection Facilities
18   Study Report within thirty (30) Calendar Days of receipt of the report. Within thirty (30)
19   Calendar Days after the comments are submitted, Transmission Provider shall tender a draft
20   LGIA, together with draft appendices. The draft LGIA shall be in the form of Transmission
21   Provider's FERC-approved standard form LGIA, which is in Appendix 6. Interconnection
22   Customer shall execute and return the completed draft appendices within thirty (30) Calendar
23   Days.
24
25          11.2    Negotiation.
26       Notwithstanding Section 11.1, at the request of Interconnection Customer Transmission
27   Provider shall begin negotiations with Interconnection Customer concerning the appendices to
28   the LGIA at any time after Interconnection Customer executes the Interconnection Facilities
29   Study Agreement. Transmission Provider and Interconnection Customer shall negotiate
30   concerning any disputed provisions of the appendices to the draft LGIA for not more than sixty
31   (60) Calendar Days after tender of the final Interconnection Facilities Study Report. If
32   Interconnection Customer determines that negotiations are at an impasse, it may request
33   termination of the negotiations at any time after tender of the draft LGIA pursuant to Section
34   11.1 and request submission of the unexecuted LGIA with FERC or initiate Dispute Resolution
35   procedures pursuant to Section 13.5. If Interconnection Customer requests termination of the
36   negotiations, but within sixty (60) Calendar Days thereafter fails to request either the filing of the
37   unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to have withdrawn its
38   Interconnection Request. Unless otherwise agreed by the Parties, if Interconnection Customer
39   has not executed the LGIA, requested filing of an unexecuted LGIA, or initiated Dispute




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 259

1    Resolution procedures pursuant to Section 13.5 within sixty (60) Calendar Days of tender of
2    draft LGIA, it shall be deemed to have withdrawn its Interconnection Request. Transmission
3    Provider shall provide to Interconnection Customer a final LGIA within fifteen (15) Business
4    Days after the completion of the negotiation process.
5
6           11.3    Execution and Filing.
 7       Within fifteen (15) Business Days after receipt of the final LGIA, Interconnection Customer
 8   shall provide Transmission Provider (A) reasonable evidence that continued Site Control or (B)
 9   posting of $ 250,000, non-refundable additional security, which shall be applied toward future
10   construction costs. At the same time, Interconnection Customer also shall provide reasonable
11   evidence that one or more of the following milestones in the development of the Large
12   Generating Facility, at Interconnection Customer election, has been achieved: (i) The execution
13   of a contract for the supply or transportation of fuel to the Large Generating Facility; (ii) the
14   execution of a contract for the supply of cooling water to the Large Generating Facility; (iii)
15   execution of a contract for the engineering for, procurement of major equipment for, or
16   construction of, the Large Generating Facility; (iv) execution of a contract for the sale of electric
17   energy or capacity from the Large Generating Facility; or (v) application for an air, water, or
18   land use permit.
19        Interconnection Customer shall either: (i) Execute two originals of the tendered LGIA and
20   return them to Transmission Provider; or (ii) request in writing that Transmission Provider file
21   with FERC an LGIA in unexecuted form. As soon as practicable, but not later than ten (10)
22   Business Days after receiving either the two executed originals of the tendered LGIA (if it does
23   not conform with a FERC-approved standard form of interconnection agreement) or the request
24   to file an unexecuted LGIA, Transmission Provider shall file the LGIA with FERC, together with
25   its explanation of any matters as to which Interconnection Customer and Transmission Provider
26   disagree and support for the costs that Transmission Provider proposes to charge to
27   Interconnection Customer under the LGIA. An unexecuted LGIA should contain terms and
28   conditions deemed appropriate by Transmission Provider for the Interconnection Request. If the
29   Parties agree to proceed with design, procurement, and construction of facilities and upgrades
30   under the agreed-upon terms of the unexecuted LGIA, they may proceed pending FERC action.
31
32          11.4    Commencement of Interconnection Activities.
33       If Interconnection Customer executes the final LGIA, Transmission Provider and
34   Interconnection Customer shall perform their respective obligations in accordance with the terms
35   of the LGIA, subject to modification by FERC. Upon submission of an unexecuted LGIA,
36   Interconnection Customer and Transmission Provider shall promptly comply with the
37   unexecuted LGIA, subject to modification by FERC.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 260

1
2    Section 12. Construction of Transmission Provider's Interconnection Facilities
3                and Network Upgrades.
4
5           12.1    Schedule.
 6      Transmission Provider and Interconnection Customer shall negotiate in good faith
 7   concerning a schedule for the construction of Transmission Provider's Interconnection Facilities
 8   and the Network Upgrades.
 9
10          12.2    Construction Sequencing.
11
12                  12.2.1 General
13       In general, the In-Service Date of an Interconnection Customer seeking interconnection to
14   the Transmission System will determine the sequence of construction of Network Upgrades.
15
16                  12.2.2 Advance Construction of Network Upgrades that are an
17                              Obligation of an Entity other than the Interconnection
18                              Customer
19       An Interconnection Customer with an LGIA, in order to maintain its In-Service Date, may
20   request that Transmission Provider advance to the extent necessary the completion of Network
21   Upgrades that: (i) Were assumed in the Interconnection Studies for such Interconnection
22   Customer, (ii) are necessary to support such In-Service Date, and (iii) would otherwise not be
23   completed, pursuant to a contractual obligation of an entity other than Interconnection Customer
24   that is seeking interconnection to the Transmission System, in time to support such In-Service
25   Date. Upon such request, Transmission Provider will use Reasonable Efforts to advance the
26   construction of such Network Upgrades to accommodate such request; provided that
27   Interconnection Customer commits to pay Transmission Provider: (i) Any associated expediting
28   costs and (ii) the cost of such Network Upgrades. Transmission Provider will refund to
29   Interconnection Customer both the expediting costs and the cost of Network Upgrades, in
30   accordance with Article 11.4 of the LGIA. Consequently, the entity with a contractual obligation
31   to construct such Network Upgrades shall be obligated to pay only that portion of the costs of the
32   Network Upgrades that Transmission Provider has not refunded to Interconnection Customer.
33   Payment by that entity shall be due on the date that it would have been due had there been no
34   request for advance construction. Transmission Provider shall forward to Interconnection
35   Customer the amount paid by the entity with a contractual obligation to construct the Network
36   Upgrades as payment in full for the outstanding balance owed to Interconnection Customer.
37   Transmission Provider then shall refund to that entity the amount that it paid for the Network
38   Upgrades, in accordance with Article 11.4 of the LGIA.
39


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 261

1
2                   12.2.3 Advancing Construction of Network Upgrades that are Part of
3                               an Expansion Plan of the Transmission Provider
 4       An Interconnection Customer with an LGIA, in order to maintain its In-Service Date, may
 5   request that Transmission Provider advance to the extent necessary the completion of Network
 6   Upgrades that: (i) Are necessary to support such In-Service Date and (ii) would otherwise not be
 7   completed, pursuant to an expansion plan of Transmission Provider, in time to support such In-
 8   Service Date. Upon such request, Transmission Provider will use Reasonable Efforts to advance
 9   the construction of such Network Upgrades to accommodate such request; provided that
10   Interconnection Customer commits to pay Transmission Provider any associated expediting
11   costs. Interconnection Customer shall be entitled to transmission credits, if any, for any
12   expediting costs paid.
13
14                  12.2.4 Amended Interconnection System Impact Study
15       An Interconnection System Impact Study will be amended to determine the facilities
16   necessary to support the requested In-Service Date. This amended study will include those
17   transmission and Large Generating Facilities that are expected to be in service on or before the
18   requested In-Service Date.
19
20
21   Section 13. Miscellaneous.
22
23          13.1    Confidentiality.
24       Confidential Information shall include, without limitation, all information relating to a Party's
25   technology, research and development, business affairs, and pricing, and any information
26   supplied by either of the Parties to the other prior to the execution of an LGIA.
27       Information is Confidential Information only if it is clearly designated or marked in writing
28   as confidential on the face of the document, or, if the information is conveyed orally or by
29   inspection, if the Party providing the information orally informs the Party receiving the
30   information that the information is confidential.
31       If requested by either Party, the other Party shall provide in writing, the basis for asserting
32   that the information referred to in this Article warrants confidential treatment, and the requesting
33   Party may disclose such writing to the appropriate Governmental Authority. Each Party shall be
34   responsible for the costs associated with affording confidential treatment to its information.
35
36
37                  13.1.1 Scope



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 262

 1       Confidential Information shall not include information that the receiving Party can
 2   demonstrate: (1) Is generally available to the public other than as a result of a disclosure by the
 3   receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential
 4   basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party
 5   without restriction by a third party, who, to the knowledge of the receiving Party after due
 6   inquiry, was under no obligation to the disclosing Party to keep such information confidential;
 7   (4) was independently developed by the receiving Party without reference to Confidential
 8   Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act
 9   or omission of the receiving Party or Breach of the LGIA; or (6) is required, in accordance with
10   Section 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is
11   otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding
12   establishing rights and obligations under the LGIA. Information designated as Confidential
13   Information will no longer be deemed confidential if the Party that designated the information as
14   confidential notifies the other Party that it no longer is confidential.
15
16                  13.1.2 Release of Confidential Information
17       Neither Party shall release or disclose Confidential Information to any other person, except to
18   its Affiliates (limited by the Standards of Conduct requirements), employees, consultants, or to
19   parties who may be or considering providing financing to or equity participation with
20   Interconnection Customer, or to potential purchasers or assignees of Interconnection Customer,
21   on a need-to-know basis in connection with these procedures, unless such person has first been
22   advised of the confidentiality provisions of this Section 13.1 and has agreed to comply with such
23   provisions. Notwithstanding the foregoing, a Party providing Confidential Information to any
24   person shall remain primarily responsible for any release of Confidential Information in
25   contravention of this Section 13.1.
26
27                  13.1.3 Rights
28       Each Party retains all rights, title, and interest in the Confidential Information that each Party
29   discloses to the other Party. The disclosure by each Party to the other Party of Confidential
30   Information shall not be deemed a waiver by either Party or any other person or entity of the
31   right to protect the Confidential Information from public disclosure.
32
33                  13.1.4 No Warranties
34       By providing Confidential Information, neither Party makes any warranties or
35   representations as to its accuracy or completeness. In addition, by supplying Confidential
36   Information, neither Party obligates itself to provide any particular information or Confidential
37   Information to the other Party nor to enter into any further agreements or proceed with any other
38   relationship or joint venture.
39


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 263

1                   13.1.5 Standard of Care
2        Each Party shall use at least the same standard of care to protect Confidential Information it
3    receives as it uses to protect its own Confidential Information from unauthorized disclosure,
4    publication or dissemination. Each Party may use Confidential Information solely to fulfill its
5    obligations to the other Party under these procedures or its regulatory requirements.
6
7                   13.1.6 Order of Disclosure
 8       If a court or a Government Authority or entity with the right, power, and apparent authority
 9   to do so requests or requires either Party, by subpoena, oral deposition, interrogatories, requests
10   for production of documents, administrative order, or otherwise, to disclose Confidential
11   Information, that Party shall provide the other Party with prompt notice of such request(s) or
12   requirement(s) so that the other Party may seek an appropriate protective order or waive
13   compliance with the terms of the LGIA. Notwithstanding the absence of a protective order or
14   waiver, the Party may disclose such Confidential Information which, in the opinion of its
15   counsel, the Party is legally compelled to disclose. Each Party will use Reasonable Efforts to
16   obtain reliable assurance that confidential treatment will be accorded any Confidential
17   Information so furnished.
18
19                  13.1.7 Remedies
20       The Parties agree that monetary damages would be inadequate to compensate a Party for the
21   other Party's Breach of its obligations under this Section 13.1. Each Party accordingly agrees that
22   the other Party shall be entitled to equitable relief, by way of injunction or otherwise, if the first
23   Party Breaches or threatens to Breach its obligations under this Section 13.1, which equitable
24   relief shall be granted without bond or proof of damages, and the receiving Party shall not plead
25   in defense that there would be an adequate remedy at law. Such remedy shall not be deemed an
26   exclusive remedy for the Breach of this Section 13.1, but shall be in addition to all other
27   remedies available at law or in equity. The Parties further acknowledge and agree that the
28   covenants contained herein are necessary for the protection of legitimate business interests and
29   are reasonable in scope. No Party, however, shall be liable for indirect, incidental, or
30   consequential or punitive damages of any nature or kind resulting from or arising in connection
31   with this Section 13.1.
32
33                  13.1.8 Disclosure to FERC or its Staff
34       Notwithstanding anything in this Section 13.1 to the contrary, and pursuant to 18 CFR 1b.20,
35   if FERC or its staff, during the course of an investigation or otherwise, requests information from
36   one of the Parties that is otherwise required to be maintained in confidence pursuant to the LGIP,
37   the Party shall provide the requested information to FERC or its staff, within the time provided
38   for in the request for information. In providing the information to FERC or its staff, the Party
39   must, consistent with 18 CFR 388.112, request that the information be treated as confidential and

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 264

 1   non-public by FERC and its staff and that the information be withheld from public disclosure.
 2   Parties are prohibited from notifying the other Party prior to the release of the Confidential
 3   Information to FERC or its staff. The Party shall notify the other Party to the LGIA when its is
 4   notified by FERC or its staff that a request to release Confidential Information has been received
 5   by FERC, at which time either of the Parties may respond before such information would be
 6   made public, pursuant to 18 CFR 388.112. Requests from a state regulatory body conducting a
 7   confidential investigation shall be treated in a similar manner, consistent with applicable state
 8   rules and regulations.
 9
10   13.1.9
11       Subject to the exception in Section 13.1.8, any information that a Party claims is
12   competitively sensitive, commercial or financial information ("Confidential Information") shall
13   not be disclosed by the other Party to any person not employed or retained by the other Party,
14   except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the disclosing
15   Party to be required to be disclosed in connection with a dispute between or among the Parties,
16   or the defense of litigation or dispute; (iii) otherwise permitted by consent of the other Party,
17   such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under
18   this LGIP or as a transmission service provider or a Control Area operator including disclosing
19   the Confidential Information to an RTO or ISO or to a subregional, regional or national
20   reliability organization or planning group. The Party asserting confidentiality shall notify the
21   other Party in writing of the information it claims is confidential. Prior to any disclosures of the
22   other Party's Confidential Information under this subparagraph, or if any third party or
23   Governmental Authority makes any request or demand for any of the information described in
24   this subparagraph, the disclosing Party agrees to promptly notify the other Party in writing and
25   agrees to assert confidentiality and cooperate with the other Party in seeking to protect the
26   Confidential Information from public disclosure by confidentiality agreement, protective order or
27   other reasonable measures.
28
29   13.1.10
30       This provision shall not apply to any information that was or is hereafter in the public domain
31   (except as a result of a Breach of this provision).
32
33   13.1.11
34       Transmission Provider shall, at Interconnection Customer's election, destroy, in a
35   confidential manner, or return the Confidential Information provided at the time of Confidential
36   Information is no longer needed.
37
38            13.2   Delegation of Responsibility.



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 265

1        Transmission Provider may use the services of subcontractors as it deems appropriate to
2    perform its obligations under this LGIP. Transmission Provider shall remain primarily liable to
3    Interconnection Customer for the performance of such subcontractors and compliance with its
4    obligations of this LGIP. The subcontractor shall keep all information provided confidential and
5    shall use such information solely for the performance of such obligation for which it was
6    provided and no other purpose.
7
8           13.3    Obligation for Study Costs.
 9       Transmission Provider shall charge and Interconnection Customer shall pay the actual costs
10   of the Interconnection Studies. Any difference between the study deposit and the actual cost of
11   the applicable Interconnection Study shall be paid by or refunded, except as otherwise provided
12   herein, to Interconnection Customer or offset against the cost of any future Interconnection
13   Studies associated with the applicable Interconnection Request prior to beginning of any such
14   future Interconnection Studies. Any invoices for Interconnection Studies shall include a detailed
15   and itemized accounting of the cost of each Interconnection Study. Interconnection Customer
16   shall pay any such undisputed costs within thirty (30) Calendar Days of receipt of an invoice
17   therefor. Transmission Provider shall not be obligated to perform or continue to perform any
18   studies unless Interconnection Customer has paid all undisputed amounts in compliance
19   herewith.
20
21          13.4    Third Parties Conducting Studies.
22       If (i) at the time of the signing of an Interconnection Study Agreement there is disagreement
23   as to the estimated time to complete an Interconnection Study, (ii) Interconnection Customer
24   receives notice pursuant to Sections 6.3, 7.4 or 8.3 that Transmission Provider will not complete
25   an Interconnection Study within the applicable timeframe for such Interconnection Study, or (iii)
26   Interconnection Customer receives neither the Interconnection Study nor a notice under Sections
27   6.3, 7.4 or 8.3 within the applicable timeframe for such Interconnection Study, then
28   Interconnection Customer may require Transmission Provider to utilize a third party consultant
29   reasonably acceptable to Interconnection Customer and Transmission Provider to perform such
30   Interconnection Study under the direction of Transmission Provider. At other times,
31   Transmission Provider may also utilize a third party consultant to perform such Interconnection
32   Study, either in response to a general request of Interconnection Customer, or on its own
33   volition.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 266

 1       In all cases, use of a third party consultant shall be in accord with Article 26 of the LGIA
 2   (Subcontractors) and limited to situations where Transmission Provider determines that doing so
 3   will help maintain or accelerate the study process for Interconnection Customer's pending
 4   Interconnection Request and not interfere with Transmission Provider's progress on
 5   Interconnection Studies for other pending Interconnection Requests. In cases where
 6   Interconnection Customer requests use of a third party consultant to perform such
 7   Interconnection Study, Interconnection Customer and Transmission Provider shall negotiate all
 8   of the pertinent terms and conditions, including reimbursement arrangements and the estimated
 9   study completion date and study review deadline. Transmission Provider shall convey all
10   workpapers, data bases, study results and all other supporting documentation prepared to date
11   with respect to the Interconnection Request as soon as practicable upon Interconnection
12   Customer's request subject to the confidentiality provision in Section 13.1. In any case, such
13   third party contract may be entered into with either Interconnection Customer or Transmission
14   Provider at Transmission Provider's discretion.
15       In the case of (iii) Interconnection Customer maintains its right to submit a claim to Dispute
16   Resolution to recover the costs of such third party study. Such third party consultant shall be
17   required to comply with this LGIP, Article 26 of the LGIA (Subcontractors), and the relevant
18   Tariff procedures and protocols as would apply if Transmission Provider were to conduct the
19   Interconnection Study and shall use the information provided to it solely for purposes of
20   performing such services and for no other purposes. Transmission Provider shall cooperate with
21   such third party consultant and Interconnection Customer to complete and issue the
22   Interconnection Study in the shortest reasonable time.
23
24
25          13.5    Disputes.
26
27                  13.5.1 Submission.
28       In the event either Party has a dispute, or asserts a claim, that arises out of or in connection
29   with the LGIA, the LGIP, or their performance, such Party (the "disputing Party") shall provide
30   the other Party with written notice of the dispute or claim ("Notice of Dispute"). Such dispute or
31   claim shall be referred to a designated senior representative of each Party for resolution on an
32   informal basis as promptly as practicable after receipt of the Notice of Dispute by the other
33   Party. In the event the designated representatives are unable to resolve the claim or dispute
34   through unassisted or assisted negotiations within thirty (30) Calendar Days of the other Party's
35   receipt of the Notice of Dispute, such claim or dispute may, upon mutual agreement of the
36   Parties, be submitted to arbitration and resolved in accordance with the arbitration procedures set
37   forth below. In the event the Parties do not agree to submit such claim or dispute to arbitration,
38   each Party may exercise whatever rights and remedies it may have in equity or at law consistent
39   with the terms of this LGIA.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                   Open Access Transmission Tariff
                                                                              Original Sheet No. 267

1
2                   13.5.2 External Arbitration Procedures.
 3       Any arbitration initiated under these procedures shall be conducted before a single neutral
 4   arbitrator appointed by the Parties. If the Parties fail to agree upon a single arbitrator within ten
 5   (10) Calendar Days of the submission of the dispute to arbitration, each Party shall choose one
 6   arbitrator who shall sit on a three-member arbitration panel. The two arbitrators so chosen shall
 7   within twenty (20) Calendar Days select a third arbitrator to chair the arbitration panel. In either
 8   case, the arbitrators shall be knowledgeable in electric utility matters, including electric
 9   transmission and bulk power issues, and shall not have any current or past substantial business or
10   financial relationships with any party to the arbitration (except prior arbitration). The
11   arbitrator(s) shall provide each of the Parties an opportunity to be heard and, except as otherwise
12   provided herein, shall conduct the arbitration in accordance with the Commercial Arbitration
13   Rules of the American Arbitration Association ("Arbitration Rules") and any applicable FERC
14   regulations or RTO rules; provided, however, in the event of a conflict between the Arbitration
15   Rules and the terms of this Section 13, the terms of this Section 13 shall prevail.
16
17                  13.5.3 Arbitration Decisions.
18       Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety
19   (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and
20   the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the
21   provisions of the LGIA and LGIP and shall have no power to modify or change any provision of
22   the LGIA and LGIP in any manner. The decision of the arbitrator(s) shall be final and binding
23   upon the Parties, and judgment on the award may be entered in any court having jurisdiction.
24   The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the
25   arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act
26   or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be
27   filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection
28   Facilities, or Network Upgrades.
29
30                  13.5.4 Costs.
31       Each Party shall be responsible for its own costs incurred during the arbitration process and
32   for the following costs, if applicable: (1) The cost of the arbitrator chosen by the Party to sit on
33   the three member panel and one half of the cost of the third arbitrator chosen; or (2) one half the
34   cost of the single arbitrator jointly chosen by the Parties.
35
36   13.6 Local Furnishing Bonds.
37
38   13.6.1 Transmission Providers That Own Facilities Financed by Local Furnishing Bonds.



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 268

 1       This provision is applicable only to a Transmission Provider that has financed facilities for
 2   the local furnishing of electric energy with tax-exempt bonds, as described in Section 142(f) of
 3   the Internal Revenue Code ("local furnishing bonds"). Notwithstanding any other provision of
 4   this LGIA and LGIP, Transmission Provider shall not be required to provide Interconnection
 5   Service to Interconnection Customer pursuant to this LGIA and LGIP if the provision of such
 6   Transmission Service would jeopardize the tax-exempt status of any local furnishing bond(s)
 7   used to finance Transmission Provider's facilities that would be used in providing such
 8   Interconnection Service.
 9
10   13.6.2 Alternative Procedures for Requesting Interconnection Service.
11       If Transmission Provider determines that the provision of Interconnection Service requested
12   by Interconnection Customer would jeopardize the tax-exempt status of any local furnishing
13   bond(s) used to finance its facilities that would be used in providing such Interconnection
14   Service, it shall advise the Interconnection Customer within thirty (30) Calendar Days of receipt
15   of the Interconnection Request.
16      Interconnection Customer thereafter may renew its request for interconnection using the
17   process specified in Article 5.2(ii) of the Transmission Provider's Tariff.
18
19




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                  Original Sheet No. 269

 1
 2
 3                                APPENDICES TO LGIP
 4
 5
 6
 7   Appendix 1        Interconnection Request for a Large Generating Facility
 8
 9
10   Appendix 2        Interconnection Feasibility Study Agreement
11
12
13   Appendix 3        Interconnection System Impact Study Agreement
14
15
16   Appendix 4        Interconnection Facilities Study Agreement
17
18
19   Appendix 5        Optional Interconnection Study Agreement
20
21   Appendix 6        Standard Large Generator Interconnection Agreement




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                         Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 270

 1                                  APPENDIX 1 to LGIP
 2                              INTERCONNECTION REQUEST
 3
 4
 5   1.    The undersigned Interconnection Customer submits this request to interconnect
 6         its Large Generating Facility with the Transmission Provider’s Transmission
 7         System pursuant to a Tariff.
 8
 9   2.    This Interconnection Request is for (check one):
10         _____ A proposed new Large Generating Facility.
11         _____ An increase in the generating capacity or a Material Modification of an
12                      existing Generating Facility.
13
14
15   3.    The type of interconnection service requested (check one):
16         _____ Energy Resource Interconnection Service
17         _____ Network Resource Interconnection Service
18
19   4.    ______Check here only if Interconnection Customer requesting Network
20         Resource Interconnection Service also seeks to have its Generating Facility
21         studied for Energy Resource Interconnection Service
22
23   5.    The Interconnection Customer provides the following information:
24
25         a.    Address or location or the proposed new Large Generating Facility site (to
26               the extent known) or, in the case of an existing Generating Facility, the
27               name and specific location of the existing Generating Facility;
28
29         b.    Maximum summer at ____ degrees C and winter at _____ degrees C
30               megawatt electrical output of the proposed new Large Generating Facility
31               or the amount of megawatt increase in the generating capacity of an
32               existing Generating Facility;
33
34         c.    General description of the equipment configuration;
35
36         d.    Commercial Operation Date by day, month, and year;
37
38         e.    Name, address, telephone number, and e-mail address of the
39               Interconnection Customer’s contact person;
40


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                      Original Sheet No. 271

 1         f.       Approximate location of the proposed Point of Interconnection (optional);
 2                  and
 3
 4         g.       Interconnection Customer Data (set forth in Attachment A)
 5
 6   6.    Applicable deposit amount as specified in the LGIP.
 7
 8   7.    Evidence of Site Control as specified in the LGIP (check one)
 9
10         ____ Is attached to this Interconnection Request
11         ____ Will be provided at a later date in accordance with this LGIP
12
13   8.    This Interconnection Request shall be submitted to the representative indicated
14         below:
15
16                  [To be completed by Transmission Provider]
17
18   9.    Representative of the Interconnection Customer to contact:
19
20                  [To be completed by Interconnection Customer]
21
22   10.   This Interconnection Request is submitted by:
23
24         Name of Interconnection Customer:
25
26
27
28         By (signature):
29
30         Name (type or print):
31
32         Title:
33
34         Date:
35




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                              Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 272

 1                                                                   Attachment A (page 1)
 2                                                                          To Appendix 1
 3                                                                Interconnection Request
 4
 5                           LARGE GENERATING FACILITY DATA
 6                                    UNIT RATINGS
 7
 8   kVA                        _F                   Voltage
 9   Power Factor
10   Speed (RPM)                                     Connection (e.g. Wye)
11   Short Circuit Ratio ________                    Frequency, Hertz
12   Stator Amperes at Rated kVA                     Field Volts
13   Max Turbine MW                      _F
14
15   COMBINED TURBINE-GENERATOR-EXCITER INERTIA DATA
16
17   Inertia Constant, H =                             kW sec/kVA
18   Moment-of-Inertia, WR2     =      _____________________ lb. ft.2
19
20   REACTANCE DATA (PER UNIT-RATED KVA)                   DIRECT AXIS
21                                                              QUADRATURE AXIS
22
23   Synchronous B saturated        Xdv                    Xqv
24   Synchronous B unsaturated                 Xdi               Xqi
25   Transient B saturated
26   Transient B unsaturated
27   Subtransient B saturated
28   Subtransient B unsaturated
29   Negative Sequence B saturated X2v
30   Negative Sequence B unsaturated           X2i
31   Zero Sequence B saturated                 X0v
32   Zero Sequence B unsaturated               X0i
33   Leakage Reactance              Xlm
34
35   FIELD TIME CONSTANT DATA (SEC)
36
37   Open Circuit
38   Three-Phase Short Circuit Transient
39   Line to Line Short Circuit Transient
40   Line to Neutral Short Circuit Transient


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                      Original Sheet No. 273

 1   Short Circuit Subtransient
 2   Open Circuit Subtransient
 3
 4   ARMATURE TIME CONSTANT DATA (SEC)
 5
 6   Three Phase Short Circuit                Ta3
 7   Line to Line Short Circuit               Ta2
 8   Line to Neutral Short Circuit                   Ta1
 9
10   NOTE: If requested information is not applicable, indicate by marking "N / A."




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                              Effective Date: July 21, 2004
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                   Original Sheet No. 274

 1
 2                                                                  Attachment A (page 2)
 3                                                                         To Appendix 1
 4                                                               Interconnection Request
 5
 6
 7                    MW CAPABILITY AND PLANT CONFIGURATION
 8                       LARGE GENERATING FACILITY DATA
 9
10
11   ARMATURE WINDING RESISTANCE DATA (PER UNIT)
12
13   Positive                                      R1
14   Negative                                      R2
15   Zero                                          R0
16
17   Rotor Short Time Thermal Capacity I22t         =
18   Field Current at Rated kVA, Armature Voltage and PF =               amps
19   Field Current at Rated kVA and Armature Voltage, 0 PF =             amps
20   Three Phase Armature Winding Capacitance       =          microfarad
21   Field Winding Resistance                       = _______ ohms _____ _C
22   Armature Winding Resistance (Per Phase)           =        ohms         _C
23
24
25   CURVES
26
27          Provide Saturation, Vee, Reactive Capability, Capacity Temperature Correction
28   curves. Designate normal and emergency Hydrogen Pressure operating range for
29   multiple curves.
30




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                           Effective Date: July 21, 2004
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                   Original Sheet No. 275

 1
 2                                                                  Attachment A (page 3)
 3                                                                         To Appendix 1
 4                                                               Interconnection Request
 5
 6
 7                          GENERATOR STEP-UP TRANSFORMER DATA
 8
 9
10   RATINGS
11
12   Capacity                    Self-cooled/maximum nameplate
13                      /                 kVA
14
15   Voltage Ratio               Generator side/System side
16                      /               kV
17
18   Winding Connections         Low V/High V (Delta or Wye)
19                   /
20
21   Fixed Taps Available
22
23   Present Tap Setting
24
25   IMPEDANCE
26
27   Positive        Z1 (on self-cooled kVA rating)               %            X/R
28
29   Zero            Z0 (on self-cooled kVA rating)               %            X/R
30
31
32
33




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                           Effective Date: July 21, 2004
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                      Original Sheet No. 276

 1
 2                                                                     Attachment A (page 4)
 3                                                                            To Appendix 1
 4                                                                  Interconnection Request
 5
 6
 7                                EXCITATION SYSTEM DATA
 8
 9
10   Identify appropriate IEEE model block diagram of excitation system and power system
11   stabilizer (PSS) for computer representation in power system stability simulations and
12   the corresponding excitation system and PSS constants for use in the model.
13
14
15
16
17                                 GOVERNOR SYSTEM DATA
18
19
20   Identify appropriate IEEE model block diagram of governor system for computer
21   representation in power system stability simulations and the corresponding governor
22   system constants for use in the model.
23
24
25
26                                    WIND GENERATORS
27
28   Number of generators to be interconnected pursuant to
29   this Interconnection Request: ______
30
31   Elevation: _____________           _____ Single Phase          _____ Three Phase
32
33   Inverter manufacturer, model name, number, and version:
34
35   _________________________________________________________________
36
37   List of adjustable setpoints for the protective equipment or software:
38
39   _________________________________________________________________
40


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                              Effective Date: July 21, 2004
    Florida Power & Light Company                       Open Access Transmission Tariff
                                                                 Original Sheet No. 277

1         Note: A completed General Electric Company Power Systems Load Flow (PSLF)
2         data sheet must be supplied with the Interconnection Request. If other data
3         sheets are more appropriate to the proposed device then they shall be provided
4         and discussed at Scoping Meeting.




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                          Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 278

 1                                                                     Attachment A (page 5)
 2                                                                            To Appendix 1
 3                                                                  Interconnection Request
 4
 5
 6
 7
 8
 9                               INDUCTION GENERATORS:
10
11
12   (*) Field Volts: _________________
13   (*) Field Amperes: ______________
14   (*) Motoring Power (kW): _______
15   (*) Neutral Grounding Resistor (If Applicable): ____________
16   (*) I22t or K (Heating Time Constant): ____________
17   (*) Rotor Resistance: ____________
18   (*) Stator Resistance: ____________
19   (*) Stator Reactance: ____________
20   (*) Rotor Reactance: ____________
21   (*) Magnetizing Reactance: ___________
22   (*) Short Circuit Reactance: ___________
23   (*) Exciting Current: ________________
24   (*) Temperature Rise:________________
25   (*) Frame Size: _______________
26   (*) Design Letter: _____________
27   (*) Reactive Power Required In Vars (No Load): ________
28   (*) Reactive Power Required In Vars (Full Load): ________
29   (*) Total Rotating Inertia, H: ________Per Unit on KVA Base
30
31         Note: Please consult Transmission Provider prior to submitting the
32         Interconnection Request to determine if the information designated by (*) is
33         required.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                     Original Sheet No. 279

 1                              APPENDIX 2 to LGIP
 2                 INTERCONNECTION FEASIBILITY STUDY AGREEMENT
 3
 4
 5           THIS AGREEMENT is made and entered into this          day of         , 20 by and
 6   between               ,a                 organized and existing under the laws of the
 7   State of       , ("Interconnection Customer,") and           a                 existing
 8   under the laws of the State of         , ("Transmission Provider "). Interconnection
 9   Customer and Transmission Provider each may be referred to as a "Party," or
10   collectively as the "Parties."
11
12                                         RECITALS
13
14          WHEREAS, Interconnection Customer is proposing to develop a Large
15   Generating Facility or generating capacity addition to an existing Generating Facility
16   consistent with the Interconnection Request submitted by the Interconnection Customer
17   dated         ; and
18
19        WHEREAS, Interconnection Customer desires to interconnect the Large
20   Generating Facility with the Transmission System; and
21
22          WHEREAS, Interconnection Customer has requested the Transmission Provider
23   to perform an Interconnection Feasibility Study to assess the feasibility of
24   interconnecting the proposed Large Generating Facility to the Transmission System,
25   and of any Affected Systems;
26
27          NOW, THEREFORE, in consideration of and subject to the mutual covenants
28   contained herein the Parties agreed as follows:
29
30         1.0    When used in this Agreement, with initial capitalization, the terms
31                specified shall have the meanings indicated in the Transmission Provider's
32                FERC-approved LGIP.
33
34         2.0    Interconnection Customer elects and Transmission Provider shall cause to
35                be performed an Interconnection Feasibility Study consistent with Section
36                6.0 of this LGIP in accordance with the Tariff.
37
38         3.0    The scope of the Interconnection Feasibility Study shall be subject to the
39                assumptions set forth in Attachment A to this Agreement.
40


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 280

 1         4.0   The Interconnection Feasibility Study shall be based on the technical
 2               information provided by Interconnection Customer in the Interconnection
 3               Request, as may be modified as the result of the Scoping Meeting.
 4               Transmission Provider reserves the right to request additional technical
 5               information from Interconnection Customer as may reasonably become
 6               necessary consistent with Good Utility Practice during the course of the
 7               Interconnection Feasibility Study and as designated in accordance with
 8               Section 3.3.4 of the LGIP. If, after the designation of the Point of
 9               Interconnection pursuant to Section 3.3.4 of the LGIP, Interconnection
10               Customer modifies its Interconnection Request pursuant to Section 4.4,
11               the time to complete the Interconnection Feasibility Study may be
12               extended.
13
14         5.0   The Interconnection Feasibility Study report shall provide the following
15               information:
16
17               -     preliminary identification of any circuit breaker short circuit
18                     capability limits exceeded as a result of the interconnection;
19
20               -     preliminary identification of any thermal overload or voltage limit
21                     violations resulting from the interconnection; and
22
23               -     preliminary description and non-bonding estimated cost of facilities
24                     required to interconnect the Large Generating Facility to the
25                     Transmission System and to address the identified short circuit and
26                     power flow issues.
27
28         6.0   The Interconnection Customer shall provide a deposit of $10,000 for the
29               performance of the Interconnection Feasibility Study.
30
31               Upon receipt of the Interconnection Feasibility Study the Transmission
32               Provider shall charge and Interconnection Customer shall pay the actual
33               costs of the Interconnection Feasibility Study.
34
35               Any difference between the deposit and the actual cost of the study shall
36               be paid by or refunded to the Interconnection Customer, as appropriate.
37
38         7.0   Miscellaneous. The Interconnection Feasibility Study Agreement shall
39               include standard miscellaneous terms including, but not limited to,
40               indemnities, representations, disclaimers, warranties, governing law,


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
    Florida Power & Light Company                          Open Access Transmission Tariff
                                                                    Original Sheet No. 281

1               amendment, execution, waiver, enforceability and assignment, that reflect
2               best practices in the electric industry, and that are consistent with regional
3               practices, Applicable Laws and Regulations, and the organizational nature
4               of each Party. All of these provisions, to the extent practicable, shall be
5               consistent with the provisions of the LGIP and the LGIA.




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 282

 1          IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
 2   executed by their duly authorized officers or agents on the day and year first above
 3   written.
 4
 5
 6   [Insert name of Transmission Provider or Transmission Owner, if applicable]
 7
 8   By:                              By:
 9
10   Title:                           Title:
11
12   Date:                                  Date:
13
14
15
16   [Insert name of Interconnection Customer]
17
18
19   By:
20
21   Title:
22
23   Date:
24
25




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                      Original Sheet No. 283

 1                                                                          Attachment A to
 2                                                                               Appendix 2
 3                                                                Interconnection Feasibility
 4                                                                         Study Agreement
 5
 6
 7                       ASSUMPTIONS USED IN CONDUCTING THE
 8                        INTERCONNECTION FEASIBILITY STUDY
 9
10
11           The Interconnection Feasibility Study will be based upon the information set forth
12   in the Interconnection Request and agreed upon in the Scoping Meeting held on
13   :
14
15         Designation of Point of Interconnection and configuration to be studied.
16         Designation of alternative Point(s) of Interconnection and configuration.
17
18        [Above assumptions to be completed by Interconnection Customer and other
19   assumptions to be provided by Interconnection Customer and Transmission Provider]




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                              Effective Date: July 21, 2004
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                       Original Sheet No. 284

 1                               APPENDIX 3 to LGIP
 2                INTERCONNECTION SYSTEM IMPACT STUDY AGREEMENT
 3
 4
 5           THIS AGREEMENT is made and entered into this          day of         , 20 by and
 6   between               ,a                 organized and existing under the laws of the
 7   State of       , ("Interconnection Customer,") and           a                 existing
 8   under the laws of the State of         , ("Transmission Provider "). Interconnection
 9   Customer and Transmission Provider each may be referred to as a "Party," or
10   collectively as the "Parties."
11
12                                           RECITALS
13
14          WHEREAS, Interconnection Customer is proposing to develop a Large
15   Generating Facility or generating capacity addition to an existing Generating Facility
16   consistent with the Interconnection Request submitted by the Interconnection Customer
17   dated       ; and
18
19        WHEREAS, Interconnection Customer desires to interconnect the Large
20   Generating Facility with the Transmission System;
21
22          WHEREAS, the Transmission Provider has completed an Interconnection
23   Feasibility Study (the A Feasibility Study”) and provided the results of said study to the
24   Interconnection Customer (This recital to be omitted if Transmission Provider does not
25   require the Interconnection Feasibility Study.); and
26
27          WHEREAS, Interconnection Customer has requested the Transmission Provider
28   to perform an Interconnection System Impact Study to assess the impact of
29   interconnecting the Large Generating Facility to the Transmission System, and of any
30   Affected Systems;
31
32          NOW, THEREFORE, in consideration of and subject to the mutual covenants
33   contained herein the Parties agreed as follows:
34
35          1.0    When used in this Agreement, with initial capitalization, the terms
36                 specified shall have the meanings indicated in the Transmission Provider's
37                 FERC-approved LGIP.
38




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                               Effective Date: July 21, 2004
     Florida Power & Light Company                           Open Access Transmission Tariff
                                                                      Original Sheet No. 285

 1         2.0   Interconnection Customer elects and Transmission Provider shall cause to
 2               be performed an Interconnection System Impact Study consistent with
 3               Section 7.0 of this LGIP in accordance with the Tariff.
 4
 5         3.0   The scope of the Interconnection System Impact Study shall be subject to
 6               the assumptions set forth in Attachment A to this Agreement.
 7         4.0   The Interconnection System Impact Study will be based upon the results
 8               of the Interconnection Feasibility Study and the technical information
 9               provided by Interconnection Customer in the Interconnection Request,
10               subject to any modifications in accordance with Section 4.4 of the LGIP.
11               Transmission Provider reserves the right to request additional technical
12               information from Interconnection Customer as may reasonably become
13               necessary consistent with Good Utility Practice during the course of the
14               Interconnection Customer System Impact Study. If Interconnection
15               Customer modifies its designated Point of Interconnection, Interconnection
16               Request, or the technical information provided therein is modified, the time
17               to complete the Interconnection System Impact Study may be extended.
18
19         5.0   The Interconnection System Impact Study report shall provide the
20               following information:
21
22               -     identification of any circuit breaker short circuit capability limits
23                     exceeded as a result of the interconnection;
24
25               -     identification of any thermal overload or voltage limit violations
26                     resulting from the interconnection;
27
28               -     identification of any instability or inadequately damped response to
29                     system disturbances resulting from the interconnection and
30
31               -     description and non-binding, good faith estimated cost of facilities
32                     required to interconnect the Large Generating Facility to the
33                     Transmission System and to address the identified short circuit,
34                     instability, and power flow issues.
35
36         6.0   The Interconnection Customer shall provide a deposit of $50,000 for the
37               performance of the Interconnection System Impact Study. The
38               Transmission Provider’s good faith estimate for the time of completion of
39               the Interconnection System Impact Study is [insert date].
40


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 286

 1               Upon receipt of the Interconnection System Impact Study, Transmission
 2               Provider shall charge and Interconnection Customer shall pay the actual
 3               costs of the Interconnection System Impact Study .
 4
 5               Any difference between the deposit and the actual cost of the study shall
 6               be paid by or refunded to the Interconnection Customer, as appropriate.
 7
 8         7.0   Miscellaneous. The Interconnection System Impact Study Agreement
 9               shall include standard miscellaneous terms including, but not limited to,
10               indemnities, representations, disclaimers, warranties, governing law,
11               amendment, execution, waiver, enforceability and assignment, that reflect
12               best practices in the electric industry, that are consistent with regional
13               practices, Applicable Laws and Regulations and the organizational nature
14               of each Party. All of these provisions, to the extent practicable, shall be
15               consistent with the provisions of the LGIP and the LGIA.]
16




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                           Effective Date: July 21, 2004
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                     Original Sheet No. 287

 1          IN WITNESS THEREOF, the Parties have caused this Agreement to be duly
 2   executed by their duly authorized officers or agents on the day and year first above
 3   written.
 4
 5
 6   [Insert name of Transmission Provider or Transmission Owner, if applicable]
 7
 8   By:                               By:
 9
10   Title:                            Title:
11
12   Date:                                   Date:
13
14
15
16   [Insert name of Interconnection Customer]
17
18
19   By:
20
21   Title:
22
23   Date:
24




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                     Original Sheet No. 288

 1                                                                           Attachment A
 2                                                                          To Appendix 3
 3                                                          Interconnection System Impact
 4                                                                       Study Agreement
 5
 6
 7                       ASSUMPTIONS USED IN CONDUCTING THE
 8                      INTERCONNECTION SYSTEM IMPACT STUDY
 9
10
11          The Interconnection System Impact Study will be based upon the results of the
12   Interconnection Feasibility Study, subject to any modifications in accordance with
13   Section 4.4 of the LGIP, and the following assumptions:
14
15         Designation of Point of Interconnection and configuration to be studied.
16         Designation of alternative Point(s) of Interconnection and configuration.
17
18
19        [Above assumptions to be completed by Interconnection Customer and other
20   assumptions to be provided by Interconnection Customer and Transmission Provider]
21




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 289

 1                             APPENDIX 4 to LGIP
 2                 INTERCONNECTION FACILITIES STUDY AGREEMENT
 3
 4
 5           THIS AGREEMENT is made and entered into this          day of         , 20 by and
 6   between               ,a                 organized and existing under the laws of the
 7   State of       , ("Interconnection Customer,") and           a                 existing
 8   under the laws of the State of         , ("Transmission Provider "). Interconnection
 9   Customer and Transmission Provider each may be referred to as a "Party," or
10   collectively as the "Parties."
11
12                                         RECITALS
13
14          WHEREAS, Interconnection Customer is proposing to develop a Large
15   Generating Facility or generating capacity addition to an existing Generating Facility
16   consistent with the Interconnection Request submitted by the Interconnection Customer
17   dated          ; and
18
19        WHEREAS, Interconnection Customer desires to interconnect the Large
20   Generating Facility with the Transmission System;
21
22          WHEREAS, the Transmission Provider has completed an Interconnection
23   System Impact Study (the A System Impact Study”) and provided the results of said
24   study to the Interconnection Customer; and
25
26          WHEREAS, Interconnection Customer has requested the Transmission Provider
27   to perform an Interconnection Facilities Study to specify and estimate the cost of the
28   equipment, engineering, procurement and construction work needed to implement the
29   conclusions of the Interconnection System Impact Study in accordance with Good Utility
30   Practice to physically and electrically connect the Large Generating Facility to the
31   Transmission System.
32
33          NOW, THEREFORE, in consideration of and subject to the mutual covenants
34   contained herein the Parties agreed as follows:
35
36         1.0    When used in this Agreement, with initial capitalization, the terms
37                specified shall have the meanings indicated in the Transmission Provider's
38                FERC-approved LGIP.
39



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                     Original Sheet No. 290

 1         2.0   Interconnection Customer elects and Transmission Provider shall cause
 2               an Interconnection Facilities Study consistent with Section 8.0 of this LGIP
 3               to be performed in accordance with the Tariff.
 4
 5         3.0   The scope of the Interconnection Facilities Study shall be subject to the
 6               assumptions set forth in Attachment A and the data provided in
 7               Attachment B to this Agreement.
 8
 9         4.0   The Interconnection Facilities Study report (i) shall provide a description,
10               estimated cost of (consistent with Attachment A), schedule for required
11               facilities to interconnect the Large Generating Facility to the Transmission
12               System and (ii) shall address the short circuit, instability, and power flow
13               issues identified in the Interconnection System Impact Study.
14
15         5.0   The Interconnection Customer shall provide a deposit of $100,000 for the
16               performance of the Interconnection Facilities Study. The time for
17               completion of the Interconnection Facilities Study is specified in
18               Attachment A.
19
20               Transmission Provider shall invoice Interconnection Customer on a
21               monthly basis for the work to be conducted on the Interconnection
22               Facilities Study each month. Interconnection Customer shall pay invoiced
23               amounts within thirty (30) Calendar Days of receipt of invoice.
24               Transmission Provider shall continue to hold the amounts on deposit until
25               settlement of the final invoice.
26
27         6.0   Miscellaneous. The Interconnection Facility Study Agreement shall
28               include standard miscellaneous terms including, but not limited to,
29               indemnities, representations, disclaimers, warranties, governing law,
30               amendment, execution, waiver, enforceability and assignment, that reflect
31               best practices in the electric industry, and that are consistent with regional
32               practices, Applicable Laws and Regulations, and the organizational nature
33               of each Party. All of these provisions, to the extent practicable, shall be
34               consistent with the provisions of the LGIP and the LGIA.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 291

 1
 2          IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
 3   executed by their duly authorized officers or agents on the day and year first above
 4   written.
 5
 6
 7
 8   [Insert name of Transmission Provider or Transmission Owner, if applicable]
 9
10   By:                              By:
11
12   Title:                           Title:
13
14   Date:                                  Date:
15
16
17
18   [Insert name of Interconnection Customer]
19
20
21   By:
22
23   Title:
24
25   Date:
26




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                       Original Sheet No. 292

 1                                                                              Attachment A
 2                                                                             To Appendix 4
 3                                                                  Interconnection Facilities
 4                                                                          Study Agreement
 5
 6   INTERCONNECTION CUSTOMER SCHEDULE ELECTION FOR CONDUCTING THE
 7                  INTERCONNECTION FACILITIES STUDY
 8
 9
10           The Transmission Provider shall use Reasonable Efforts to complete the study
11   and issue a draft Interconnection Facilities Study report to the Interconnection Customer
12   within the following number of days after of receipt of an executed copy of this
13   Interconnection Facilities Study Agreement:
14
15
16          -      ninety (90) Calendar Days with no more than a +/- 20 percent cost
17                 estimate contained in the report, or
18
19          -      one hundred eighty (180) Calendar Days with no more than a +/- 10
20                 percent cost estimate contained in the report.
21
22                                                                     Attachment B (page 1)
23                                                                                Appendix 4
24                                                                  Interconnection Facilities
25                                                                          Study Agreement
26
27
28   DATA FORM TO BE PROVIDED BY INTERCONNECTION CUSTOMER WITH THE
29            INTERCONNECTION FACILITIES STUDY AGREEMENT
30
31   Provide location plan and simplified one-line diagram of the plant and station facilities.
32   For staged projects, please indicate future generation, transmission circuits, etc.
33
34   One set of metering is required for each generation connection to the new ring bus or
35   existing Transmission Provider station. Number of generation connections:
36
37   On the one line indicate the generation capacity attached at each metering location.
38   (Maximum load on CT/PT)
39



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                               Effective Date: July 21, 2004
     Florida Power & Light Company                            Open Access Transmission Tariff
                                                                       Original Sheet No. 293

 1   On the one line indicate the location of auxiliary power. (Minimum load on CT/PT)
 2   Amps
 3
 4   Will an alternate source of auxiliary power be available during CT/PT maintenance?
 5   Yes           No_
 6
 7   Will a transfer bus on the generation side of the metering require that each meter set be
 8   designed for the total plant generation?_        Yes                 No      (Please
 9   indicate on one line).
10
11   What type of control system or PLC will be located at the Interconnection Customer's
12   Large Generating Facility?
13
14
15   What protocol does the control system or PLC use?
16
17
18   Please provide a 7.5-minute quadrangle of the site. Sketch the plant, station,
19   transmission line, and property line.
20
21   Physical dimensions of the proposed interconnection station:
22
23
24   Bus length from generation to interconnection station:
25
26
27   Line length from interconnection station to Transmission Provider's transmission line.
28
29
30   Tower number observed in the field. (Painted on tower leg)*
31
32
33   Number of third party easements required for transmission lines*:
34
35
36   * To be completed in coordination with Transmission Provider.
37
38   Is the Large Generating Facility in the Transmission Provider’s service area?
39
40         Yes           No     Local provider:


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                      Open Access Transmission Tariff
                                                                 Original Sheet No. 294

 1
 2   Please provide proposed schedule dates:
 3
 4         Begin Construction                  Date:
 5
 6         Generator step-up transformer       Date:
 7           receives back feed power
 8
 9         Generation Testing                  Date:
10
11         Commercial Operation                        Date:
12
13




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                      Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 295

 1                               APPENDIX 5 to LGIP
 2                  OPTIONAL INTERCONNECTION STUDY AGREEMENT
 3
 4
 5           THIS AGREEMENT is made and entered into this          day of         , 20 by and
 6   between               ,a                 organized and existing under the laws of the
 7   State of       , ("Interconnection Customer,") and           a                 existing
 8   under the laws of the State of         , ("Transmission Provider "). Interconnection
 9   Customer and Transmission Provider each may be referred to as a "Party," or
10   collectively as the "Parties."
11
12                                         RECITALS
13
14          WHEREAS, Interconnection Customer is proposing to develop a Large
15   Generating Facility or generating capacity addition to an existing Generating Facility
16   consistent with the Interconnection Request submitted by the Interconnection Customer
17   dated                      ;
18
19          WHEREAS, Interconnection Customer is proposing to establish an
20   interconnection with the Transmission System; and
21
22          WHEREAS, Interconnection Customer has submitted to Transmission Provider
23   an Interconnection Request; and
24
25          WHEREAS, on or after the date when the Interconnection Customer receives the
26   Interconnection System Impact Study results, Interconnection Customer has further
27   requested that the Transmission Provider prepare an Optional Interconnection Study;
28
29          NOW, THEREFORE, in consideration of and subject to the mutual covenants
30   contained herein the Parties agree as follows:
31
32         1.0    When used in this Agreement, with initial capitalization, the terms
33                specified shall have the meanings indicated in the Transmission Provider's
34                FERC-approved LGIP.
35   .
36
37         2.0    Interconnection Customer elects and Transmission Provider shall cause
38                an Optional Interconnection Study consistent with Section 10.0 of this
39                LGIP to be performed in accordance with the Tariff.
40


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                          Open Access Transmission Tariff
                                                                     Original Sheet No. 296

 1         3.0   The scope of the Optional Interconnection Study shall be subject to the
 2               assumptions set forth in Attachment A to this Agreement.
 3
 4         4.0   The Optional Interconnection Study shall be performed solely for
 5               informational purposes.
 6
 7         5.0   The Optional Interconnection Study report shall provide a sensitivity
 8               analysis based on the assumptions specified by the Interconnection
 9               Customer in Attachment A to this Agreement. The Optional
10               Interconnection Study will identify the Transmission Provider's
11               Interconnection Facilities and the Network Upgrades, and the estimated
12               cost thereof, that may be required to provide transmission service or
13               interconnection service based upon the assumptions specified by the
14               Interconnection Customer in Attachment A.
15
16         6.0   The Interconnection Customer shall provide a deposit of $10,000 for the
17               performance of the Optional Interconnection Study. The Transmission
18               Provider’s good faith estimate for the time of completion of the Optional
19               Interconnection Study is [insert date].
20
21               Upon receipt of the Optional Interconnection Study, the Transmission
22               Provider shall charge and Interconnection Customer shall pay the actual
23               costs of the Optional Study.
24
25               Any difference between the initial payment and the actual cost of the study
26               shall be paid by or refunded to the Interconnection Customer, as
27               appropriate.
28
29         7.0   Miscellaneous. The Optional Interconnection Study Agreement shall
30               include standard miscellaneous terms including, but not limited to,
31               indemnities, representations, disclaimers, warranties, governing law,
32               amendment, execution, waiver, enforceability and assignment, that reflect
33               best practices in the electric industry, and that are consistent with regional
34               practices, Applicable Laws and Regulations, and the organizational nature
35               of each Party. All of these provisions, to the extent practicable, shall be
36               consistent with the provisions of the LGIP and the LGIA.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                             Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 297

 1
 2          IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
 3   executed by their duly authorized officers or agents on the day and year first above
 4   written.
 5
 6
 7   [Insert name of Transmission Provider or Transmission Owner, if applicable]
 8
 9   By:                              By:
10
11   Title:                           Title:
12
13   Date:                                  Date:
14
15
16
17   [Insert name of Interconnection Customer]
18
19
20   By:
21
22   Title:
23
24   Date:
25




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                        Open Access Transmission Tariff
                                                                   Original Sheet No. 298

 1                                                                         Attachment A
 2                                                                            Appendix 5
 3                                                              Optional Interconnection
 4                                                                     Study Agreement
 5
 6
 7                        ASSUMPTIONS USED IN CONDUCTING
 8                      THE OPTIONAL INTERCONNECTION STUDY
 9
10
11
12
13
14   [To be completed by Interconnection Customer consistent with Section 10 of the LGIP.]
15
16
17




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                           Effective Date: July 21, 2004
    Florida Power & Light Company         Open Access Transmission Tariff
                                                   Original Sheet No. 299

1
2
3                           APPENDIX 6 to LGIP
4         STANDARD LARGE GENERATOR INTERCONNECTION AGREEMENT
5
6
7




    Issued By: C. M. Mennes
    Issued:    July 21, 2004            Effective Date: July 21, 2004
     Florida Power & Light Company                     Open Access Transmission Tariff
                                                                Original Sheet No. 300

 1
 2
 3
 4
 5
 6
 7
 8
 9
10
11
12
13
14
15      STANDARD LARGE GENERATOR INTERCONNECTION AGREEMENT (LGIA)
16
17                (Applicable to Generating Facilities that exceed 20 MW)
18




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                        Effective Date: July 21, 2004
     Florida Power & Light Company                                                    Open Access Transmission Tariff
                                                                                               Original Sheet No. 301


1                                                  TABLE OF CONTENTS
2

3    RECITALS            ....................................................................................................... 308

4    ARTICLE 1. DEFINITIONS .................................................................................. 308

 5   ARTICLE 2. EFFECTIVE DATE, TERM AND TERMINATION .......................... 317
 6        2.1 Effective Date .................................................................................... 317
 7        2.2 Term of Agreement .......................................................................... 317
 8        2.3 Termination Procedures .................................................................. 317
 9            2.3.1    Written Notice ...................................................................... 317
10            2.3.2    Default ................................................................................. 317
11        2.4 Termination Costs ............................................................................ 318
12        2.5 Disconnection................................................................................... 319
13        2.6 Survival ............................................................................................. 319

14   ARTICLE 3. REGULATORY FILINGS ............................................................... 319
15        3.1 Filing .................................................................................................. 319

16   ARTICLE 4. SCOPE OF SERVICE .................................................................... 319
17        4.1 Interconnection Product Options ................................................... 319
18            4.1.1    Energy Resource Interconnection Service ........................... 319
19                4.1.1.1 The Product .................................................................. 319
20                4.1.1.2 Transmission Delivery Service Implications .................. 320
21            4.1.2    Network Resource Interconnection Service ......................... 320
22                4.1.2.1 The Product .................................................................. 320
23                4.1.2.2 Transmission Delivery Service Implications .................. 321
24        4.2 Provision of Service ......................................................................... 322
25        4.3 Performance Standards ................................................................... 322
26        4.4 No Transmission Delivery Service .................................................. 322
27        4.5 Interconnection Customer Provided Services ............................... 322

28   ARTICLE 5. INTERCONNECTION FACILITIES ENGINEERING,
29            PROCUREMENT, AND CONSTRUCTION ........................................ 323
30        5.1 Options .............................................................................................. 323
31            5.1.1    Standard Option................................................................... 323
32            5.1.2    Alternate Option ................................................................... 323
33            5.1.3    Option to Build ..................................................................... 323
34            5.1.4    Negotiated Option ................................................................ 324


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                      Effective Date: July 21, 2004
     Florida Power & Light Company                                             Open Access Transmission Tariff
                                                                                        Original Sheet No. 302

 1           5.2  General Conditions Applicable to Option to Build ........................ 324
 2           5.3  Liquidated Damages ........................................................................ 325
 3           5.4  Power System Stabilizers ................................................................ 326
 4           5.5  Equipment Procurement .................................................................. 327
 5           5.6  Construction Commencement ........................................................ 327
 6           5.7  Work Progress .................................................................................. 327
 7           5.8  Information Exchange ...................................................................... 328
 8           5.9  Limited Operation ............................................................................. 328
 9           5.10 Interconnection Customer's Interconnection Facilities ( .............. 328
10                5.10.1 Interconnection Customer’s Interconnection Facility Specifications
11                          ............................................................................................. 328
12                5.10.2 Transmission Provider’s Review .......................................... 328
13                5.10.3 ICIF Construction ................................................................. 329
14           5.11 Transmission Provider's Interconnection Facilities Construction329
15           5.12 Access Rights ................................................................................... 329
16           5.13 Lands of Other Property Owners .................................................... 330
17           5.14 Permits .............................................................................................. 330
18           5.15 Early Construction of Base Case Facilities.................................... 330
19           5.16 Suspension ....................................................................................... 331
20           5.17 Taxes ................................................................................................. 331
21                5.17.1 Interconnection Customer Payments Not Taxable............... 331
22                5.17.2 Representations And Covenants ......................................... 331
23                5.17.3 Indemnification for the Cost Consequences of Current Tax Liability
24                          Imposed Upon the Transmission Provider ........................... 332
25                5.17.4 Tax Gross-Up Amount ......................................................... 333
26                5.17.5 Private Letter Ruling or Change or Clarification of Law ....... 333
27                5.17.6 Subsequent Taxable Events ................................................ 334
28                5.17.7 Contests .............................................................................. 334
29                5.17.8 Refund ................................................................................. 335
30                5.17.9 Taxes Other Than Income Taxes ........................................ 336
31                5.18      Transmission Owners Who Are Not Transmission Providers336
32           5.18 Tax Status ......................................................................................... 336
33           5.19 Modification ...................................................................................... 336
34                5.19.1 General ................................................................................ 336
35                5.19.2 Standards ............................................................................ 337
36                5.19.3 Modification Costs ............................................................... 337

37   ARTICLE 6. TESTING AND INSPECTION ........................................................ 337
38        6.1 Pre-Commercial Operation Date Testing and Modifications ........ 337
39        6.2 Post-Commercial Operation Date Testing and Modifications ...... 338
40        6.3 Right to Observe Testing ................................................................. 338

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                               Effective Date: July 21, 2004
     Florida Power & Light Company                                              Open Access Transmission Tariff
                                                                                         Original Sheet No. 303

1             6.4 Right to Inspect ................................................................................ 338

2    ARTICLE 7. METERING .................................................................................... 338
3         7.1 General .............................................................................................. 338
4         7.2 Check Meters .................................................................................... 339
5         7.3 Standards .......................................................................................... 339
6         7.4 Testing of Metering Equipment ....................................................... 339
7         7.5 Metering Data.................................................................................... 339

 8   ARTICLE 8. COMMUNICATIONS ...................................................................... 340
 9        8.1 Interconnection Customer Obligations .......................................... 340
10        8.2 Remote Terminal Unit ...................................................................... 340
11        8.3 No Annexation .................................................................................. 340

12   ARTICLE 9. OPERATIONS ................................................................................ 340
13        9.1 General .............................................................................................. 341
14        9.2 Control Area Notification ................................................................. 341
15        9.3 Transmission Provider Obligations ................................................ 341
16        9.4 Interconnection Customer Obligations .......................................... 341
17        9.5 Start-Up and Synchronization ......................................................... 342
18        9.6 Reactive Power ................................................................................. 342
19            9.6.1    Power Factor Design Criteria............................................ 342
20                9.6.1.1 Reactive Power Design Standards ............................ 342
21            9.6.2    Voltage Schedules ............................................................... 343
22                9.6.2.1 Governors and Regulators ............................................ 343
23            9.6.3    Payment for Reactive Power ............................................... 344
24        9.7 Outages and Interruptions............................................................... 344
25            9.7.1    Outages ............................................................................... 344
26                9.7.1.1 Outage Authority and Coordination ............................... 344
27                9.7.1.2 Outage Schedules......................................................... 344
28                9.7.1.3 Outage Restoration ....................................................... 345
29            9.7.2    Interruption of Service .......................................................... 345
30            9.7.3    Under-Frequency and Over Frequency Conditions ............. 346
31            9.7.4    System Protection and Other Control Requirements ........... 346
32                9.7.4.1 System Protection Facilities .......................................... 346
33            9.7.5    Requirements for Protection ................................................ 347
34            9.7.6    Power Quality ...................................................................... 347
35        9.8 Switching and Tagging Rules ......................................................... 347
36        9.9 Use of Interconnection Facilities by Third Parties ........................ 347
37            9.9.1    Purpose of Interconnection Facilities ................................... 347
38            9.9.2    Third Party Users ................................................................. 348

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                Effective Date: July 21, 2004
     Florida Power & Light Company                                               Open Access Transmission Tariff
                                                                                          Original Sheet No. 304

1             9.10 Disturbance Analysis Data Exchange ............................................ 348

2    ARTICLE 10. MAINTENANCE ............................................................................. 348
3         10.1 Transmission Provider Obligations ................................................ 348
4         10.2 Interconnection Customer Obligations .......................................... 348
5         10.3 Coordination ..................................................................................... 348
6         10.4 Secondary Systems ......................................................................... 348
7         10.5 Operating and Maintenance Expenses ........................................... 349

 8   ARTICLE 11. PERFORMANCE OBLIGATION .................................................... 349
 9        11.1 Interconnection Customer Interconnection Facilities ................... 349
10        11.3 Network Upgrades and Distribution Upgrades .............................. 350
11        11.4 Transmission Credits ....................................................................... 350
12             11.4.1 Refund of Amounts Advanced for Network Upgrades ......... 350
13        11.5 Provision of Security........................................................................ 351
14        11.6 Interconnection Customer Compensation ..................................... 351
15             11.6.1 Interconnection Customer Compensation for Actions During
16                     Emergency Condition .......................................................... 352

17   ARTICLE 12. INVOICE......................................................................................... 352
18        12.1 General .............................................................................................. 352
19        12.2 Final Invoice...................................................................................... 352
20        12.3 Payment ............................................................................................ 352
21        12.4 Disputes ............................................................................................ 353

22   ARTICLE 13. EMERGENCIES ............................................................................. 353
23        13.1 Definition ........................................................................................... 353
24        13.2 Obligations........................................................................................ 353
25        13.3 Notice ................................................................................................ 353
26        13.4 Immediate Action ............................................................................. 354
27        13.5 Transmission Provider Authority .................................................... 354
28             13.5.1 General ................................................................................ 354
29             13.5.2 Reduction and Disconnection .............................................. 354
30        13.6 Interconnection Customer Authority .............................................. 355
31        13.7 Limited Liability ................................................................................ 355

32   ARTICLE 14. REGULATORY REQUIREMENTS AND GOVERNING LAW ........ 355
33        14.1 Regulatory Requirements ................................................................ 355
34        14.2 Governing Law ................................................................................. 356

35   ARTICLE 15. NOTICES ....................................................................................... 356


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                 Effective Date: July 21, 2004
     Florida Power & Light Company                                                  Open Access Transmission Tariff
                                                                                             Original Sheet No. 305

1             15.1   General .............................................................................................. 356
2             15.2   Billings and Payments ..................................................................... 356
3             15.3   Alternative Forms of Notice ............................................................. 356
4             15.4   Operations and Maintenance Notice............................................... 356

5    ARTICLE 16. FORCE MAJEURE ........................................................................ 356

6    ARTICLE 17. DEFAULT ....................................................................................... 357
7         17.1 Default ............................................................................................... 357
8              17.1.1 General ................................................................................ 357
9              17.1.2 Right to Terminate ............................................................... 357

10   ARTICLE 18. INDEMNITY, CONSEQUENTIAL DAMAGES AND INSURANCE. 358
11        18.1 Indemnity .......................................................................................... 358
12             18.1.1 Indemnified Person .............................................................. 358
13             18.1.2 Indemnifying Party ............................................................... 358
14             18.1.3 Indemnity Procedures .......................................................... 358
15        18.2 Consequential Damages .................................................................. 359
16        18.3 Insurance .......................................................................................... 359

17   ARTICLE 19. ASSIGNMENT ............................................................................... 361

18   ARTICLE 20. SEVERABILITY ............................... Error! Bookmark not defined.384

19   ARTICLE 21. COMPARABILITY.......................................................................... 362

20   ARTICLE 22. CONFIDENTIALITY ....................................................................... 362
21        22.1 Confidentiality .................................................................................. 362
22             22.1.1 Term .................................................................................... 362
23             22.1.2 Scope .................................................................................. 362
24             22.1.3 Release of Confidential Information ..................................... 363
25             22.1.4 Rights .................................................................................. 363
26             22.1.5 No Warranties ...................................................................... 363
27             22.1.6 Standard of Care ................................................................. 363
28             22.1.7 Order of Disclosure .............................................................. 364
29             22.1.8 Termination of Agreement ................................................... 364
30             22.1.9 Remedies............................................................................. 364
31             22.1.10 Disclosure to FERC or its Staff ............................................ 365

32   ARTICLE 23. ENVIRONMENTAL RELEASES .................................................... 365

33   ARTICLE 24. INFORMATION REQUIREMENTS ................................................ 366

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                               Open Access Transmission Tariff
                                                                                          Original Sheet No. 306

1             24.1   Information Acquisition ................................................................... 366
2             24.2   Information Submission by Transmission Provider...................... 366
3             24.3   Updated Information Submission by Interconnection Customer 366
4             24.4   Information Supplementation .......................................................... 367

 5   ARTICLE 25. INFORMATION ACCESS AND AUDIT RIGHTS ........................... 367
 6        25.1 Information Access .......................................................................... 367
 7        25.2 Reporting of Non-Force Majeure Events ........................................ 368
 8        25.3 Audit Rights ...................................................................................... 368
 9        25.4 Audit Rights Periods ........................................................................ 368
10             25.4.1 Audit Rights Period for Construction-Related Accounts and
11                     Records ............................................................................... 368
12             25.4.2 Audit Rights Period for All Other Accounts and Records ..... 368
13        25.5 Audit Results .................................................................................... 369

14   ARTICLE 26. SUBCONTRACTORS .................................................................... 369
15        26.1 General .............................................................................................. 369
16        26.2 Responsibility of Principal .............................................................. 369
17        26.3 No Limitation by Insurance ............................................................. 369

18   ARTICLE 27. DISPUTES ..................................................................................... 369
19        27.1 Submission ....................................................................................... 369
20        27.2 External Arbitration Procedures ..................................................... 370
21        27.3 Arbitration Decisions ....................................................................... 370
22        27.4 Costs ................................................................................................. 370

23   ARTICLE 28. REPRESENTATIONS, WARRANTIES AND COVENANTSError! Bookmark not defined
24        28.1 General .............................................................................................. 371
25             28.1.1 Good Standing ..................................................................... 371
26             28.1.2 Authority .............................................................................. 371
27             28.1.3 No Conflict ........................................................................... 371
28             28.1.4 Consent and Approval ......................................................... 371

29   ARTICLE 29. JOINT OPERATING COMMITTEE ................................................ 371

30   ARTICLE 30. MISCELLANEOUS ........................................................................ 372
31        30.1 Binding Effect ................................................................................... 372
32        30.2 Conflicts ............................................................................................ 372
33        30.3 Rules of Interpretation ..................................................................... 373
34        30.4 Entire Agreement ............................................................................. 373
35        30.5 No Third Party Beneficiaries ........................................................... 373


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                 Effective Date: July 21, 2004
     Florida Power & Light Company                                                 Open Access Transmission Tariff
                                                                                            Original Sheet No. 307

1             30.6 Waiver................................................................................................ 373
2             30.7 Headings ........................................................................................... 374
3             30.8 Multiple Counterparts ...................................................................... 374
4             30.9 Amendment ....................................................................................... 374
5             30.10 Modification by the Parties ........................................................... 374
6             30.11 Reservation of Rights .................................................................... 374
7             30.12 No Partnership ............................................................................... 374

8    Appendix A Interconnection Facilities, Network Upgrades and Distribution
9              Upgrades ........................................................................................... 378

10   Appendix B Milestones ..................................................................................... 379

11   Appendix C Interconnection Details ................................................................ 380

12   Appendix D Security Arrangements Details ................................................... 381

13   Appendix E Commercial Operation Date ........................................................ 382

14   Appendix F Addresses for Delivery of Notices and Billings ......................... 383

15   Appendix G Requirements of Generators Relying on Newer Technologies 385




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 308

1            STANDARD LARGE GENERATORINTERCONNECTION AGREEMENT
2
3
4
 5       This Standard Large Generator Interconnection Agreement ("Agreement") is made and
 6   entered into this-- day of---- 20--, by and between-----, a----- organized and existing under the
 7   laws of the State/Commonwealth of----- ("Interconnection Customer" with a Large Generating
 8   Facility), and-----, a----- organized and existing under the laws of the State/Commonwealth of----
 9   - ("Transmission Provider and/or Transmission Owner"). Interconnection Customer and
10   Transmission Provider each may be referred to as a "Party" or collectively as the "Parties."
11
12
13                                               RECITALS
14
15      Whereas, Transmission Provider operates the Transmission System; and
16      Whereas, Interconnection Customer intends to own, lease and/or control and operate the
17   Generating Facility identified as a Large Generating Facility in Appendix C to this Agreement;
18   and,
19      Whereas, Interconnection Customer and Transmission Provider have agreed to enter into this
20   Agreement for the purpose of interconnecting the Large Generating Facility with the
21   Transmission System;
22       Now, therefore, in consideration of and subject to the mutual covenants contained herein, it is
23   agreed:
24      When used in this Standard Large Generator Interconnection Agreement, terms with initial
25   capitalization that are not defined in Article 1 shall have the meanings specified in the Article in
26   which they are used or the Open Access Transmission Tariff (Tariff).
27
28
29                                     ARTICLE 1. DEFINITIONS
30
31       Adverse System Impact shall mean the negative effects due to technical or operational limits
32   on conductors or equipment being exceeded that may compromise the safety and reliability of
33   the electric system.
34      Affected System shall mean an electric system other than the Transmission Provider's
35   Transmission System that may be affected by the proposed interconnection.
36      Affected System Operator shall mean the entity that operates an Affected System.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 309

1        Affiliate shall mean, with respect to a corporation, partnership or other entity, each such other
2    corporation, partnership or other entity that directly or indirectly, through one or more
3    intermediaries, controls, is controlled by, or is under common control with, such corporation,
4    partnership or other entity.
5       Ancillary Services shall mean those services that are necessary to support the transmission of
6    capacity and energy from resources to loads while maintaining reliable operation of the
7    Transmission Provider's Transmission System in accordance with Good Utility Practice.
 8      Applicable Laws and Regulations shall mean all duly promulgated applicable federal, state
 9   and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or
10   administrative orders, permits and other duly authorized actions of any Governmental Authority.
11      Applicable Reliability Council shall mean the reliability council applicable to the
12   Transmission System to which the Generating Facility is directly interconnected.
13      Applicable Reliability Standards shall mean the requirements and guidelines of NERC, the
14   Applicable Reliability Council, and the Control Area of the Transmission System to which the
15   Generating Facility is directly interconnected.
16       Base Case shall mean the base case power flow, short circuit, and stability data bases used
17   for the Interconnection Studies by the Transmission Provider or Interconnection Customer.
18       Breach shall mean the failure of a Party to perform or observe any material term or condition
19   of the Standard Large Generator Interconnection Agreement.
20       Breaching Party shall mean a Party that is in Breach of the Standard Large Generator
21   Interconnection Agreement.
22      Business Day shall mean Monday through Friday, excluding Federal Holidays.
23      Calendar Day shall mean any day including Saturday, Sunday or a Federal Holiday.
24       Clustering shall mean the process whereby a group of Interconnection Requests is studied
25   together, instead of serially, for the purpose of conducting the Interconnection System Impact
26   Study.
27      Commercial Operation shall mean the status of a Generating Facility that has commenced
28   generating electricity for sale, excluding electricity generated during Trial Operation.
29      Commercial Operation Date of a unit shall mean the date on which the Generating Facility
30   commences Commercial Operation as agreed to by the Parties pursuant to Appendix E to the
31   Standard Large Generator Interconnection Agreement.
32       Confidential Information shall mean any confidential, proprietary or trade secret information
33   of a plan, specification, pattern, procedure, design, device, list, concept, policy or compilation
34   relating to the present or planned business of a Party, which is designated as confidential by the


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 310

1    Party supplying the information, whether conveyed orally, electronically, in writing, through
2    inspection, or otherwise.
3       Control Area shall mean an electrical system or systems bounded by interconnection
4    metering and telemetry, capable of controlling generation to maintain its interchange schedule
5    with other Control Areas and contributing to frequency regulation of the interconnection. A
6    Control Area must be certified by the Applicable Reliability Council.
7        Default shall mean the failure of a Breaching Party to cure its Breach in accordance with
8    Article 17 of the Standard Large Generator Interconnection Agreement.
 9       Dispute Resolution shall mean the procedure for resolution of a dispute between the Parties
10   in which they will first attempt to resolve the dispute on an informal basis.
11       Distribution System shall mean the Transmission Provider's facilities and equipment used to
12   transmit electricity to ultimate usage points such as homes and industries directly from nearby
13   generators or from interchanges with higher voltage transmission networks which transport bulk
14   power over longer distances. The voltage levels at which distribution systems operate differ
15   among areas.
16       Distribution Upgrades shall mean the additions, modifications, and upgrades to the
17   Transmission Provider's Distribution System at or beyond the Point of Interconnection to
18   facilitate interconnection of the Generating Facility and render the transmission service
19   necessary to effect Interconnection Customer's wholesale sale of electricity in interstate
20   commerce. Distribution Upgrades do not include Interconnection Facilities.
21       Effective Date shall mean the date on which the Standard Large Generator Interconnection
22   Agreement becomes effective upon execution by the Parties subject to acceptance by FERC, or if
23   filed unexecuted, upon the date specified by FERC.
24       Emergency Condition shall mean a condition or situation: (1) That in the judgment of the
25   Party making the claim is imminently likely to endanger life or property; or (2) that, in the case
26   of a Transmission Provider, is imminently likely (as determined in a non-discriminatory manner)
27   to cause a material adverse effect on the security of, or damage to Transmission Provider's
28   Transmission System, Transmission Provider's Interconnection Facilities or the electric systems
29   of others to which the Transmission Provider's Transmission System is directly connected; or (3)
30   that, in the case of Interconnection Customer, is imminently likely (as determined in a non-
31   discriminatory manner) to cause a material adverse effect on the security of, or damage to, the
32   Generating Facility or Interconnection Customer's Interconnection Facilities. System restoration
33   and black start shall be considered Emergency Conditions; provided, that Interconnection
34   Customer is not obligated by the Standard Large Generator Interconnection Agreement to
35   possess black start capability.
36       Energy Resource Interconnection Service shall mean an Interconnection Service that allows
37   the Interconnection Customer to connect its Generating Facility to the Transmission Provider's

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 311

1    Transmission System to be eligible to deliver the Generating Facility's electric output using the
2    existing firm or nonfirm capacity of the Transmission Provider's Transmission System on an as
3    available basis. Energy Resource Interconnection Service in and of itself does not convey
4    transmission service.
5        Engineering & Procurement (E&P) Agreement shall mean an agreement that authorizes the
6    Transmission Provider to begin engineering and procurement of long lead-time items necessary
7    for the establishment of the interconnection in order to advance the implementation of the
8    Interconnection Request.
 9       Environmental Law shall mean Applicable Laws or Regulations relating to pollution or
10   protection of the environment or natural resources.
11      Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. 791a et seq.
12      FERC shall mean the Federal Energy Regulatory Commission (Commission) or its successor.
13       Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war,
14   insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or
15   equipment, any order, regulation or restriction imposed by governmental, military or lawfully
16   established civilian authorities, or any other cause beyond a Party's control. A Force Majeure
17   event does not include acts of negligence or intentional wrongdoing by the Party claiming Force
18   Majeure.
19       Generating Facility shall mean Interconnection Customer's device for the production of
20   electricity identified in the Interconnection Request, but shall not include the Interconnection
21   Customer's Interconnection Facilities.
22      Generating Facility Capacity shall mean the net capacity of the Generating Facility and the
23   aggregate net capacity of the Generating Facility where it includes multiple energy production
24   devices.
25       Good Utility Practice shall mean any of the practices, methods and acts engaged in or
26   approved by a significant portion of the electric industry during the relevant time period, or any
27   of the practices, methods and acts which, in the exercise of reasonable judgment in light of the
28   facts known at the time the decision was made, could have been expected to accomplish the
29   desired result at a reasonable cost consistent with good business practices, reliability, safety and
30   expedition. Good Utility Practice is not intended to be limited to the optimum practice, method,
31   or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts
32   generally accepted in the region.
33       Governmental Authority shall mean any federal, state, local or other governmental regulatory
34   or administrative agency, court, commission, department, board, or other governmental
35   subdivision, legislature, rulemaking board, tribunal, or other governmental authority having
36   jurisdiction over the Parties, their respective facilities, or the respective services they provide,




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 312

1    and exercising or entitled to exercise any administrative, executive, police, or taxing authority or
2    power; provided, however, that such term does not include Interconnection Customer,
3    Transmission Provider, or any Affiliate thereof.
 4       Hazardous Substances shall mean any chemicals, materials or substances defined as or
 5   included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials,"
 6   "hazardous constituents," "restricted hazardous materials," "extremely hazardous substances,"
 7   "toxic substances," "radioactive substances," "contaminants," "pollutants," "toxic pollutants" or
 8   words of similar meaning and regulatory effect under any applicable Environmental Law, or any
 9   other chemical, material or substance, exposure to which is prohibited, limited or regulated by
10   any applicable Environmental Law.
11        Initial Synchronization Date shall mean the date upon which the Generating Facility is
12   initially synchronized and upon which Trial Operation begins.
13       In-Service Date shall mean the date upon which the Interconnection Customer reasonably
14   expects it will be ready to begin use of the Transmission Provider's Interconnection Facilities to
15   obtain back feed power.
16       Interconnection Customer shall mean any entity, including the Transmission Provider,
17   Transmission Owner or any of the Affiliates or subsidiaries of either, that proposes to
18   interconnect its Generating Facility with the Transmission Provider's Transmission System.
19       Interconnection Customer's Interconnection Facilities shall mean all facilities and
20   equipment, as identified in Appendix A of the Standard Large Generator Interconnection
21   Agreement, that are located between the Generating Facility and the Point of Change of
22   Ownership, including any modification, addition, or upgrades to such facilities and equipment
23   necessary to physically and electrically interconnect the Generating Facility to the Transmission
24   Provider's Transmission System.Interconnection Customer's Interconnection Facilities are sole
25   use facilities.
26       Interconnection Facilities shall mean the Transmission Provider's Interconnection Facilities
27   and the Interconnection Customer's Interconnection Facilities. Collectively, Interconnection
28   Facilities include all facilities and equipment between the Generating Facility and the Point of
29   Interconnection, including any modification, additions or upgrades that are necessary to
30   physically and electrically interconnect the Generating Facility to the Transmission Provider's
31   Transmission System.
32      Interconnection Facilities are sole use facilities and shall not include Distribution Upgrades,
33   Stand Alone Network Upgrades or Network Upgrades.
34       Interconnection Facilities Study shall mean a study conducted by the Transmission Provider
35   or a third party consultant for the Interconnection Customer to determine a list of facilities
36   (including Transmission Provider's Interconnection Facilities and Network Upgrades as
37   identified in the Interconnection System Impact Study), the cost of those facilities, and the time

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 313

1    required to interconnect the Generating Facility with the Transmission Provider's Transmission
2    System. The scope of the study is defined in Section 8 of the Standard Large Generator
3    Interconnection Procedures.
4        Interconnection Facilities Study Agreement shall mean the form of agreement contained in
5    Appendix 4 of the Standard Large Generator Interconnection Procedures for conducting the
6    Interconnection Facilities Study.
 7       Interconnection Feasibility Study shall mean a preliminary evaluation of the system impact
 8   and cost of interconnecting the Generating Facility to the Transmission Provider's Transmission
 9   System, the scope of which is described in Section 6 of the Standard Large Generator
10   Interconnection Procedures.
11       Interconnection Feasibility Study Agreement shall mean the form of agreement contained in
12   Appendix 2 of the Standard Large Generator Interconnection Procedures for conducting the
13   Interconnection Feasibility Study.
14       Interconnection Request shall mean an Interconnection Customer's request, in the form of
15   Appendix 1 to the Standard Large Generator Interconnection Procedures, in accordance with the
16   Tariff, to interconnect a new Generating Facility, or to increase the capacity of, or make a
17   Material Modification to the operating characteristics of, an existing Generating Facility that is
18   interconnected with the Transmission Provider's Transmission System.
19       Interconnection Service shall mean the service provided by the Transmission Provider
20   associated with interconnecting the Interconnection Customer's Generating Facility to the
21   Transmission Provider's Transmission System and enabling it to receive electric energy and
22   capacity from the Generating Facility at the Point of Interconnection, pursuant to the terms of the
23   Standard Large Generator Interconnection Agreement and, if applicable, the Transmission
24   Provider's Tariff.
25      Interconnection Study shall mean any of the following studies: The Interconnection
26   Feasibility Study, the Interconnection System Impact Study, and the Interconnection Facilities
27   Study described in the Standard Large Generator Interconnection Procedures.
28       Interconnection System Impact Study shall mean an engineering study that evaluates the
29   impact of the proposed interconnection on the safety and reliability of Transmission Provider's
30   Transmission System and, if applicable, an Affected System. The study shall identify and detail
31   the system impacts that would result if the Generating Facility were interconnected without
32   project modifications or system modifications, focusing on the Adverse System Impacts
33   identified in the Interconnection Feasibility Study, or to study potential impacts, including but
34   not limited to those identified in the Scoping Meeting as described in the Standard Large
35   Generator Interconnection Procedures.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 314

1        Interconnection System Impact Study Agreement shall mean the form of agreement contained
2    in Appendix 3 of the Standard Large Generator Interconnection Procedures for conducting the
3    Interconnection System Impact Study.
4       SAIRS shall mean the Internal Revenue Service.
5        Joint Operating Committee shall be a group made up of representatives from Interconnection
6    Customers and the Transmission Provider to coordinate operating and technical considerations of
7    Interconnection Service.
8       Large Generating Facility shall mean a Generating Facility having a Generating Facility
9    Capacity of more than 20 MW.
10       Loss shall mean any and all losses relating to injury to or death of any person or damage to
11   property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other
12   obligations by or to third parties, arising out of or resulting from the other Party's performance,
13   or non-performance of its obligations under the Standard Large Generator Interconnection
14   Agreement on behalf of the indemnifying Party, except in cases of gross negligence or
15   intentional wrongdoing by the indemnifying Party.
16        Material Modification shall mean those modifications that have a material impact on the cost
17   or timing of any Interconnection Request with a later queue priority date.
18       Metering Equipment shall mean all metering equipment installed or to be installed at the
19   Generating Facility pursuant to the Standard Large Generator Interconnection Agreement at the
20   metering points, including but not limited to instrument transformers, MWh-meters, data
21   acquisition equipment, transducers, remote terminal unit, communications equipment, phone
22   lines, and fiber optics.
23      NERC shall mean the North American Electric Reliability Council or its successor
24   organization.
25       Network Resource shall mean any designated generating resource owned, purchased, or
26   leased by a Network Customer under the Network Integration Transmission Service Tariff.
27   Network Resources do not include any resource, or any portion thereof, that is committed for
28   sale to third parties or otherwise cannot be called upon to meet the Network Customer's Network
29   Load on a non-interruptible basis.
30       Network Resource Interconnection Service shall mean an Interconnection Service that allows
31   the Interconnection Customer to integrate its Large Generating Facility with the Transmission
32   Provider's Transmission System (1) in a manner comparable to that in which the Transmission
33   Provider integrates its generating facilities to serve native load customers; or (2) in an RTO or
34   ISO with market based congestion management, in the same manner as Network Resources.
35   Network Resource Interconnection Service in and of itself does not convey transmission service.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 315

1        Network Upgrades shall mean the additions, modifications, and upgrades to the Transmission
2    Provider's Transmission System required at or beyond the point at which the Interconnection
3    Facilities connect to the Transmission Provider's Transmission System to accommodate the
4    interconnection of the Large Generating Facility to the Transmission Provider's Transmission
5    System.
6       Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in
7    connection with the Standard Large Generator Interconnection Agreement or its performance.
8       Optional Interconnection Study shall mean a sensitivity analysis based on assumptions
9    specified by the Interconnection Customer in the Optional Interconnection Study Agreement.
10      Optional Interconnection Study Agreement shall mean the form of agreement contained in
11   Appendix 5 of the Standard Large Generator Interconnection Procedures for conducting the
12   Optional Interconnection Study.
13      Party or Parties shall mean Transmission Provider, Transmission Owner, Interconnection
14   Customer or any combination of the above.
15       Point of Change of Ownership shall mean the point, as set forth in Appendix A to the
16   Standard Large Generator Interconnection Agreement, where the Interconnection Customer's
17   Interconnection Facilities connect to the Transmission Provider's Interconnection Facilities.
18      Point of Interconnection shall mean the point, as set forth in Appendix A to the Standard
19   Large Generator Interconnection Agreement, where the Interconnection Facilities connect to the
20   Transmission Provider's Transmission System.
21       Queue Position shall mean the order of a valid Interconnection Request, relative to all other
22   pending valid Interconnection Requests, that is established based upon the date and time of
23   receipt of the valid Interconnection Request by the Transmission Provider.
24       Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by
25   a Party under the Standard Large Generator Interconnection Agreement, efforts that are timely
26   and consistent with Good Utility Practice and are otherwise substantially equivalent to those a
27   Party would use to protect its own interests.
28       Scoping Meeting shall mean the meeting between representatives of the Interconnection
29   Customer and Transmission Provider conducted for the purpose of discussing alternative
30   interconnection options, to exchange information including any transmission data and earlier
31   study evaluations that would be reasonably expected to impact such interconnection options, to
32   analyze such information, and to determine the potential feasible Points of Interconnection.
33       Site Control shall mean documentation reasonably demonstrating: (1) Ownership of, a
34   leasehold interest in, or a right to develop a site for the purpose of constructing the Generating
35   Facility; (2) an option to purchase or acquire a leasehold site for such purpose; or (3) an
36   exclusivity or other business relationship between Interconnection Customer and the entity

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 316

1    having the right to sell, lease or grant Interconnection Customer the right to possess or occupy a
2    site for such purpose.
3       Small Generating Facility shall mean a Generating Facility that has a Generating Facility
4    Capacity of no more than 20 MW.
5        Stand Alone Network Upgrades shall mean Network Upgrades that an Interconnection
6    Customer may construct without affecting day-to-day operations of the Transmission System
7    during their construction. Both the Transmission Provider and the Interconnection Customer
8    must agree as to what constitutes Stand Alone Network Upgrades and identify them in Appendix
9    A to the Standard Large Generator Interconnection Agreement.
10       Standard Large Generator Interconnection Agreement (LGIA) shall mean the form of
11   interconnection agreement applicable to an Interconnection Request pertaining to a Large
12   Generating Facility that is included in the Transmission Provider's Tariff.
13       Standard Large Generator Interconnection Procedures (LGIP) shall mean the
14   interconnection procedures applicable to an Interconnection Request pertaining to a Large
15   Generating Facility that are included in the Transmission Provider's Tariff.
16       System Protection Facilities shall mean the equipment, including necessary protection signal
17   communications equipment, required to protect (1) the Transmission Provider's Transmission
18   System from faults or other electrical disturbances occurring at the Generating Facility and (2)
19   the Generating Facility from faults or other electrical system disturbances occurring on the
20   Transmission Provider's Transmission System or on other delivery systems or other generating
21   systems to which the Transmission Provider's Transmission System is directly connected.
22       Tariff shall mean the Transmission Provider's Tariff through which open access transmission
23   service and Interconnection Service are offered, as filed with FERC, and as amended or
24   supplemented from time to time, or any successor tariff.
25       Transmission Owner shall mean an entity that owns, leases or otherwise possesses an interest
26   in the portion of the Transmission System at the Point of Interconnection and may be a Party to
27   the Standard Large Generator Interconnection Agreement to the extent necessary.
28       Transmission Provider shall mean the public utility (or its designated agent) that owns,
29   controls, or operates transmission or distribution facilities used for the transmission of electricity
30   in interstate commerce and provides transmission service under the Tariff. The term
31   Transmission Provider should be read to include the Transmission Owner when the Transmission
32   Owner is separate from the Transmission Provider.
33      Transmission Provider's Interconnection Facilities shall mean all facilities and equipment
34   owned, controlled or operated by the Transmission Provider from the Point of Change of
35   Ownership to the Point of Interconnection as identified in Appendix A to the Standard Large
36   Generator Interconnection Agreement, including any modifications, additions or upgrades to
37   such facilities and equipment. Transmission Provider's Interconnection Facilities are sole use

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                              Open Access Transmission Tariff
                                                                         Original Sheet No. 317

1    facilities and shall not include Distribution Upgrades, Stand Alone Network Upgrades or
2    Network Upgrades.
 3       Transmission System shall mean the facilities owned, controlled or operated by the
 4   Transmission Provider or Transmission Owner that are used to provide transmission service
 5   under the Tariff.
 6           Trial Operation shall mean the period during which Interconnection Customer is engaged
 7   in on-site test operations and commissioning of the Generating Facility prior to Commercial
 8   Operation.
 9
10
11                 ARTICLE 2. EFFECTIVE DATE, TERM AND TERMINATION
12
13       2.1 Effective Date. This LGIA shall become effective upon execution by the Parties subject
14   to acceptance by FERC (if applicable), or if filed unexecuted, upon the date specified by FERC.
15   Transmission Provider shall promptly file this LGIA with FERC upon execution in accordance
16   with Article 3.1, if required.
17
18
19       2.2 Term of Agreement. Subject to the provisions of Article 2.3, this LGIA shall remain
20   in effect for a period of ten (10) years from the Effective Date or such other longer period as
21   Interconnection Customer may request (Term to be specified in individual agreements) and shall
22   be automatically renewed for each successive one-year period thereafter.
23
24
25   2.3    Termination Procedures.
26
27       2.3.1      Written Notice. This LGIA may be terminated by Interconnection Customer
28   after giving Transmission Provider ninety (90) Calendar Days advance written notice, or by
29   Transmission Provider notifying FERC after the Generating Facility permanently ceases
30   Commercial Operation.
31
32
33          2.3.2 Default. Either Party may terminate this LGIA in accordance with Article 17.
34
35                 2.3.3 Notwithstanding Articles 2.3.1 and 2.3.2, no termination shall become
36                 effective until the Parties have complied with all Applicable Laws and
37                 Regulations applicable to such termination, including the filing with FERC of a
38                 notice of termination of this LGIA, which notice has been accepted for filing by
39                 FERC.

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                 Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 318

1
2        2.4 Termination Costs. If a Party elects to terminate this Agreement pursuant to Article
3    2.3 above, each Party shall pay all costs incurred (including any cancellation costs relating to
4    orders or contracts for Interconnection Facilities and equipment) or charges assessed by the other
5    Party, as of the date of the other Party's receipt of such notice of termination, that are the
6    responsibility of the Terminating Party under this LGIA. In the event of termination by a Party,
7    the Parties shall use commercially Reasonable Efforts to mitigate the costs, damages and charges
8    arising as a consequence of termination. Upon termination of this LGIA, unless otherwise
9    ordered or approved by FERC:
10       2.4.1 With respect to any portion of Transmission Provider's Interconnection Facilities that
11   have not yet been constructed or installed, Transmission Provider shall to the extent possible and
12   with Interconnection Customer's authorization cancel any pending orders of, or return, any
13   materials or equipment for, or contracts for construction of, such facilities; provided that in the
14   event Interconnection Customer elects not to authorize such cancellation, Interconnection
15   Customer shall assume all payment obligations with respect to such materials, equipment, and
16   contracts, and Transmission Provider shall deliver such material and equipment, and, if
17   necessary, assign such contracts, to Interconnection Customer as soon as practicable, at
18   Interconnection Customer's expense. To the extent that Interconnection Customer has already
19   paid Transmission Provider for any or all such costs of materials or equipment not taken by
20   Interconnection Customer, Transmission Provider shall promptly refund such amounts to
21   Interconnection Customer, less any costs, including penalties incurred by Transmission Provider
22   to cancel any pending orders of or return such materials, equipment, or contracts.
23       If an Interconnection Customer terminates this LGIA, it shall be responsible for all costs
24   incurred in association with that Interconnection Customer's interconnection, including any
25   cancellation costs relating to orders or contracts for Interconnection Facilities and equipment,
26   and other expenses including any Network Upgrades for which Transmission Provider has
27   incurred expenses and has not been reimbursed by Interconnection Customer.
28      2.4.2 Transmission Provider may, at its option, retain any portion of such materials,
29   equipment, or facilities that Interconnection Customer chooses not to accept delivery of, in
30   which case Transmission Provider shall be responsible for all costs associated with procuring
31   such materials, equipment, or facilities.
32          2.4.3 With respect to any portion of the Interconnection Facilities, and any other facilities
33                  already installed or constructed pursuant to the terms of this LGIA,
34                  Interconnection Customer shall be responsible for all costs associated with the
35                  removal, relocation or other disposition or retirement of such materials,
36                  equipment, or facilities.
37




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 319

1        2.5 Disconnection. Upon termination of this LGIA, the Parties will take all appropriate
2    steps to disconnect the Large Generating Facility from the Transmission System. All costs
3    required to effectuate such disconnection shall be borne by the terminating Party, unless such
4    termination resulted from the non-terminating Party's Default of this LGIA or such non-
5    terminating Party otherwise is responsible for these costs under this LGIA.
6
 7       2.6 Survival. This LGIA shall continue in effect after termination to the extent necessary to
 8   provide for final billings and payments and for costs incurred hereunder, including billings and
 9   payments pursuant to this LGIA; to permit the determination and enforcement of liability and
10   indemnification obligations arising from acts or events that occurred while this LGIA was in
11   effect; and to permit each Party to have access to the lands of the other Party pursuant to this
12   LGIA or other applicable agreements, to disconnect, remove or salvage its own facilities and
13   equipment.
14
15
16                              ARTICLE 3. REGULATORY FILINGS
17
18       3.1 Filing. Transmission Provider shall file this LGIA (and any amendment hereto) with the
19   appropriate Governmental Authority, if required. Interconnection Customer may request that any
20   information so provided be subject to the confidentiality provisions of Article 22. If
21   Interconnection Customer has executed this LGIA, or any amendment thereto, Interconnection
22   Customer shall reasonably cooperate with Transmission Provider with respect to such filing and
23   to provide any information reasonably requested by Transmission Provider needed to comply
24   with applicable regulatory requirements.
25
26
27                                ARTICLE 4. SCOPE OF SERVICE
28
29       4.1 Interconnection Product Options. Interconnection Customer has selected the
30   following (checked) type of Interconnection Service:
31
32          4.1.1 Energy Resource Interconnection Service (ER Interconnection
33                Service).
34
35       4.1.1.1 The Product. Energy Resource Interconnection Service allows Interconnection
36   Customer to connect the Large Generating Facility to the Transmission System and be eligible to
37   deliver the Large Generating Facility's output using the existing firm or non-firm capacity of the
38   Transmission System on an "as available" basis. To the extent Interconnection Customer wants


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 320

1    to receive Energy Resource Interconnection Service, Transmission Provider shall construct
2    facilities identified in Attachment A.
3
4
 5       4.1.1.2 Transmission Delivery Service Implications. Under Energy Resource
 6   Interconnection Service, Interconnection Customer will be eligible to inject power from the
 7   Large Generating Facility into and deliver power across the interconnecting Transmission
 8   Provider's Transmission System on an "as available" basis up to the amount of MWs identified in
 9   the applicable stability and steady state studies to the extent the upgrades initially required to
10   qualify for Energy Resource Interconnection Service have been constructed. Where eligible to do
11   so (e.g., PJM, ISO-NE, NYISO), Interconnection Customer may place a bid to sell into the
12   market up to the maximum identified Large Generating Facility output, subject to any conditions
13   specified in the interconnection service approval, and the Large Generating Facility will be
14   dispatched to the extent Interconnection Customer's bid clears. In all other instances, no
15   transmission delivery service from the Large Generating Facility is assured, but Interconnection
16   Customer may obtain Point-to-Point Transmission Service, Network Integration Transmission
17   Service, or be used for secondary network transmission service, pursuant to Transmission
18   Provider's Tariff, up to the maximum output identified in the stability and steady state studies. In
19   those instances, in order for Interconnection Customer to obtain the right to deliver or inject
20   energy beyond the Large Generating Facility Point of Interconnection or to improve its ability to
21   do so, transmission delivery service must be obtained pursuant to the provisions of Transmission
22   Provider's Tariff. The Interconnection Customer's ability to inject its Large Generating Facility
23   output beyond the Point of Interconnection, therefore, will depend on the existing capacity of
24   Transmission Provider's Transmission System at such time as a transmission service request is
25   made that would accommodate such delivery. The provision of firm Point-to-Point Transmission
26   Service or Network Integration Transmission Service may require the construction of additional
27   Network Upgrades.
28
29          4.1.2 Network Resource Interconnection Service (NR Interconnection
30                Service).
31
32       4.1.2.1 The Product. Transmission Provider must conduct the necessary studies and
33   construct the Network Upgrades needed to integrate the Large Generating Facility (1) in a
34   manner comparable to that in which Transmission Provider integrates its generating facilities to
35   serve native load customers; or (2) in an ISO or RTO with market based congestion




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 321

1    management, in the same manner as all Network Resources. To the extent Interconnection
2    Customer wants to receive Network Resource Interconnection Service, Transmission Provider
3    shall construct the facilities identified in Attachment A to this LGIA.
4
5
 6       4.1.2.2 Transmission Delivery Service Implications. Network Resource
 7   Interconnection Service allows Interconnection Customer's Large Generating Facility to be
 8   designated by any Network Customer under the Tariff on Transmission Provider's Transmission
 9   System as a Network Resource, up to the Large Generating Facility's full output, on the same
10   basis as existing Network Resources interconnected to Transmission Provider's Transmission
11   System, and to be studied as a Network Resource on the assumption that such a designation will
12   occur. Although Network Resource Interconnection Service does not convey a reservation of
13   transmission service, any Network Customer under the Tariff can utilize its network service
14   under the Tariff to obtain delivery of energy from the interconnected Interconnection Customer's
15   Large Generating Facility in the same manner as it accesses Network Resources. A Large
16   Generating Facility receiving Network Resource Interconnection Service may also be used to
17   provide Ancillary Services after technical studies and/or periodic analyses are performed with
18   respect to the Large Generating Facility's ability to provide any applicable Ancillary Services,
19   provided that such studies and analyses have been or would be required in connection with the
20   provision of such Ancillary Services by any existing Network Resource. However, if an
21   Interconnection Customer's Large Generating Facility has not been designated as a Network
22   Resource by any load, it cannot be required to provide Ancillary Services except to the extent
23   such requirements extend to all generating facilities that are similarly situated. The provision of
24   Network Integration Transmission Service or firm Point-to-Point Transmission Service may
25   require additional studies and the construction of additional upgrades. Because such studies and
26   upgrades would be associated with a request for delivery service under the Tariff, cost
27   responsibility for the studies and upgrades would be in accordance with FERC's policy for
28   pricing transmission delivery services.
29       Network Resource Interconnection Service does not necessarily provide Interconnection
30   Customer with the capability to physically deliver the output of its Large Generating Facility to
31   any particular load on Transmission Provider's Transmission System without incurring
32   congestion costs. In the event of transmission constraints on Transmission Provider's
33   Transmission System, Interconnection Customer's Large Generating Facility shall be subject to
34   the applicable congestion management procedures in Transmission Provider's Transmission
35   System in the same manner as Network Resources.
36       There is no requirement either at the time of study or interconnection, or at any point in the
37   future, that Interconnection Customer's Large Generating Facility be designated as a Network
38   Resource by a Network Service Customer under the Tariff or that Interconnection Customer
39   identify a specific buyer (or sink). To the extent a Network Customer does designate the Large




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 322

1    Generating Facility as a Network Resource, it must do so pursuant to Transmission Provider's
2    Tariff.
 3       Once an Interconnection Customer satisfies the requirements for obtaining Network
 4   Resource Interconnection Service, any future transmission service request for delivery from the
 5   Large Generating Facility within Transmission Provider's Transmission System of any amount of
 6   capacity and/or energy, up to the amount initially studied, will not require that any additional
 7   studies be performed or that any further upgrades associated with such Large Generating Facility
 8   be undertaken, regardless of whether or not such Large Generating Facility is ever designated by
 9   a Network Customer as a Network Resource and regardless of changes in ownership of the Large
10   Generating Facility. However, the reduction or elimination of congestion or redispatch costs may
11   require additional studies and the construction of additional upgrades.
12       To the extent Interconnection Customer enters into an arrangement for long term
13   transmission service for deliveries from the Large Generating Facility outside Transmission
14   Provider's Transmission System, such request may require additional studies and upgrades in
15   order for Transmission Provider to grant such request.
16
17       4.2 Provision of Service. Transmission Provider shall provide Interconnection Service for
18   the Large Generating Facility at the Point of Interconnection.
19
20       4.3 Performance Standards. Each Party shall perform all of its obligations under this
21   LGIA in accordance with Applicable Laws and Regulations, Applicable Reliability Standards,
22   and Good Utility Practice, and to the extent a Party is required or prevented or limited in taking
23   any action by such regulations and standards, such Party shall not be deemed to be in Breach of
24   this LGIA for its compliance therewith. If such Party is a Transmission Provider or Transmission
25   Owner, then that Party shall amend the LGIA and submit the amendment to FERC for approval.
26
27       4.4 No Transmission Delivery Service. The execution of this LGIA does not constitute
28   a request for, nor the provision of, any transmission delivery service under Transmission
29   Provider's Tariff, and does not convey any right to deliver electricity to any specific customer or
30   Point of Delivery.
31
32       4.5 Interconnection Customer Provided Services. The services provided by
33   Interconnection Customer under this LGIA are set forth in Article 9.6 and Article 13.5.1.
34   Interconnection Customer shall be paid for such services in accordance with Article 11.6.
35
36



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 323

1      ARTICLE 5. INTERCONNECTION FACILITIES ENGINEERING, PROCUREMENT,
2                            AND CONSTRUCTION
3
 4       5.1 Options. Unless otherwise mutually agreed to between the Parties, Interconnection
 5   Customer shall select the In-Service Date, Initial Synchronization Date, and Commercial
 6   Operation Date; and either Standard Option or Alternate Option set forth below for completion
 7   of Transmission Provider's Interconnection Facilities and Network Upgrades as set forth in
 8   Appendix A, Interconnection Facilities and Network Upgrades, and such dates and selected
 9   option shall be set forth in Appendix B, Milestones.
10
11       5.1.1        Standard Option. Transmission Provider shall design, procure, and construct
12   Transmission Provider's Interconnection Facilities and Network Upgrades, using Reasonable
13   Efforts to complete Transmission Provider's Interconnection Facilities and Network Upgrades by
14   the dates set forth in Appendix B, Milestones. Transmission Provider shall not be required to
15   undertake any action which is inconsistent with its standard safety practices, its material and
16   equipment specifications, its design criteria and construction procedures, its labor agreements,
17   and Applicable Laws and Regulations. In the event Transmission Provider reasonably expects
18   that it will not be able to complete Transmission Provider's Interconnection Facilities and
19   Network Upgrades by the specified dates, Transmission Provider shall promptly provide written
20   notice to Interconnection Customer and shall undertake Reasonable Efforts to meet the earliest
21   dates thereafter.
22
23       5.1.2       Alternate Option. If the dates designated by Interconnection Customer are
24   acceptable to Transmission Provider, Transmission Provider shall so notify Interconnection
25   Customer within thirty (30) Calendar Days, and shall assume responsibility for the design,
26   procurement and construction of Transmission Provider's Interconnection Facilities by the
27   designated dates. If Transmission Provider subsequently fails to complete Transmission
28   Provider's Interconnection Facilities by the In-Service Date, to the extent necessary to provide
29   back feed power; or fails to complete Network Upgrades by the Initial Synchronization Date to
30   the extent necessary to allow for Trial Operation at full power output, unless other arrangements
31   are made by the Parties for such Trial Operation; or fails to complete the Network Upgrades by
32   the Commercial Operation Date, as such dates are reflected in Appendix B, Milestones;
33   Transmission Provider shall pay Interconnection Customer liquidated damages in accordance
34   with Article 5.3, Liquidated Damages, provided, however, the dates designated by
35   Interconnection Customer shall be extended day for day for each day that the applicable RTO or
36   ISO refuses to grant clearances to install equipment.
37
38      5.1.3       Option to Build. If the dates designated by Interconnection Customer are not
39   acceptable to Transmission Provider, Transmission Provider shall so notify Interconnection

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 324

1    Customer within thirty (30) Calendar Days, and unless the Parties agree otherwise,
2    Interconnection Customer shall have the option to assume responsibility for the design,
3    procurement and construction of Transmission Provider's Interconnection Facilities and Stand
4    Alone Network Upgrades on the dates specified in Article 5.1.2. Transmission Provider and
5    Interconnection Customer must agree as to what constitutes Stand Alone Network Upgrades and
6    identify such Stand Alone Network Upgrades in Appendix A. Except for Stand Alone Network
7    Upgrades, Interconnection Customer shall have no right to construct Network Upgrades under
8    this option.
9
10       5.1.4      Negotiated Option. If Interconnection Customer elects not to exercise its
11   option under Article 5.1.3, Option to Build, Interconnection Customer shall so notify
12   Transmission Provider within thirty (30) Calendar Days, and the Parties shall in good faith
13   attempt to negotiate terms and conditions (including revision of the specified dates and
14   liquidated damages, the provision of incentives or the procurement and construction of a portion
15   of Transmission Provider's Interconnection Facilities and Stand Alone Network Upgrades by
16   Interconnection Customer) pursuant to which Transmission Provider is responsible for the
17   design, procurement and construction of Transmission Provider's Interconnection Facilities and
18   Network Upgrades. If the Parties are unable to reach agreement on such terms and conditions,
19   Transmission Provider shall assume responsibility for the design, procurement and construction
20   of Transmission Provider's Interconnection Facilities and Network Upgrades pursuant to 5.1.1,
21   Standard Option.
22
23       5.2 General Conditions Applicable to Option to Build. If Interconnection Customer
24   assumes responsibility for the design, procurement and construction of Transmission Provider's
25   Interconnection Facilities and Stand Alone Network Upgrades,
26       (1) Interconnection Customer shall engineer, procure equipment, and construct Transmission
27   Provider's Interconnection Facilities and Stand Alone Network Upgrades (or portions thereof)
28   using Good Utility Practice and using standards and specifications provided in advance by
29   Transmission Provider;
30      (2) Interconnection Customer's engineering, procurement and construction of Transmission
31   Provider's Interconnection Facilities and Stand Alone Network Upgrades shall comply with all
32   requirements of law to which Transmission Provider would be subject in the engineering,
33   procurement or construction of Transmission Provider's Interconnection Facilities and Stand
34   Alone Network Upgrades;
35      (3) Transmission Provider shall review and approve the engineering design, equipment
36   acceptance tests, and the construction of Transmission Provider's Interconnection Facilities and
37   Stand Alone Network Upgrades;



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                               Open Access Transmission Tariff
                                                                          Original Sheet No. 325

1        (4) prior to commencement of construction, Interconnection Customer shall provide to
2    Transmission Provider a schedule for construction of Transmission Provider's Interconnection
3    Facilities and Stand Alone Network Upgrades, and shall promptly respond to requests for
4    information from Transmission Provider;
5       (5) at any time during construction, Transmission Provider shall have the right to gain
6    unrestricted access to Transmission Provider's Interconnection Facilities and Stand Alone
7    Network Upgrades and to conduct inspections of the same;
 8      (6) At any time during construction, should any phase of the engineering, equipment
 9   procurement, or construction of Transmission Provider's Interconnection Facilities and Stand
10   Alone Network Upgrades not meet the standards and specifications provided by Transmission
11   Provider, Interconnection Customer shall be obligated to remedy deficiencies in that portion of
12   Transmission Provider's Interconnection Facilities and Stand Alone Network Upgrades;
13       (7) Interconnection Customer shall indemnify Transmission Provider for claims arising from
14   Interconnection Customer's construction of Transmission Provider's Interconnection Facilities
15   and Stand Alone Network Upgrades under the terms and procedures applicable to Article 18.1
16   Indemnity;
17       (8) Interconnection Customer shall transfer control of Transmission Provider's
18   Interconnection Facilities and Stand Alone Network Upgrades to Transmission Provider;
19      (9) Unless Parties otherwise agree, Interconnection Customer shall transfer ownership of
20   Transmission Provider's Interconnection Facilities and Stand-Alone Network Upgrades to
21   Transmission Provider;
22       (10) Transmission Provider shall approve and accept for operation and maintenance
23   Transmission Provider's Interconnection Facilities and Stand Alone Network Upgrades to the
24   extent engineered, procured, and constructed in accordance with this Article 5.2; and
25       (11) Interconnection Customer shall deliver to Transmission Provider "as-built" drawings,
26   information, and any other documents that are reasonably required by Transmission Provider to
27   assure that the Interconnection Facilities and Stand-Alone Network Upgrades are built to the
28   standards and specifications required by Transmission Provider.
29
30       5.3 Liquidated Damages. The actual damages to Interconnection Customer, in the event
31   Transmission Provider's Interconnection Facilities or Network Upgrades are not completed by
32   the dates designated by Interconnection Customer and accepted by Transmission Provider
33   pursuant to subparagraphs 5.1.2 or 5.1.4, above, may include Interconnection Customer's fixed
34   operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain
35   and impossible to determine at this time. Because of such uncertainty, any liquidated damages
36   paid by Transmission Provider to Interconnection Customer in the event that Transmission
37   Provider does not complete any portion of Transmission Provider's Interconnection Facilities or

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 326

1    Network Upgrades by the applicable dates, shall be an amount equal to 1/2 of 1 percent per day
2    of the actual cost of Transmission Provider's Interconnection Facilities and Network Upgrades,
3    in the aggregate, for which Transmission Provider has assumed responsibility to design, procure
4    and construct.
 5       However, in no event shall the total liquidated damages exceed 20 percent of the actual cost
 6   of Transmission Provider's Interconnection Facilities and Network Upgrades for which
 7   Transmission Provider has assumed responsibility to design, procure, and construct. The
 8   foregoing payments will be made by Transmission Provider to Interconnection Customer as just
 9   compensation for the damages caused to Interconnection Customer, which actual damages are
10   uncertain and impossible to determine at this time, and as reasonable liquidated damages, but not
11   as a penalty or a method to secure performance of this LGIA. Liquidated damages, when the
12   Parties agree to them, are the exclusive remedy for the Transmission Provider's failure to meet its
13   schedule.
14        No liquidated damages shall be paid to Interconnection Customer if: (1) Interconnection
15   Customer is not ready to commence use of Transmission Provider's Interconnection Facilities or
16   Network Upgrades to take the delivery of power for the Large Generating Facility's Trial
17   Operation or to export power from the Large Generating Facility on the specified dates, unless
18   Interconnection Customer would have been able to commence use of Transmission Provider's
19   Interconnection Facilities or Network Upgrades to take the delivery of power for Large
20   Generating Facility's Trial Operation or to export power from the Large Generating Facility, but
21   for Transmission Provider's delay; (2) Transmission Provider's failure to meet the specified dates
22   is the result of the action or inaction of Interconnection Customer or any other Interconnection
23   Customer who has entered into an LGIA with Transmission Provider or any cause beyond
24   Transmission Provider's reasonable control or reasonable ability to cure; (3) the interconnection
25   Customer has assumed responsibility for the design, procurement and construction of
26   Transmission Provider's Interconnection Facilities and Stand Alone Network Upgrades; or (4)
27   the Parties have otherwise agreed.
28
29       5.4 Power System Stabilizers. The Interconnection Customer shall procure, install,
30   maintain and operate Power System Stabilizers in accordance with the guidelines and procedures
31   established by the Applicable Reliability Council. Transmission Provider reserves the right to
32   reasonably establish minimum acceptable settings for any installed Power System Stabilizers,
33   subject to the design and operating limitations of the Large Generating Facility. If the Large
34   Generating Facility's Power System Stabilizers are removed from service or not capable of
35   automatic operation, Interconnection Customer shall immediately notify Transmission Provider's
36   system operator, or its designated representative. The requirements of this paragraph shall not
37   apply to wind generators.
38



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 327

1        5.5 Equipment Procurement. If responsibility for construction of Transmission
2    Provider's Interconnection Facilities or Network Upgrades is to be borne by Transmission
3    Provider, then Transmission Provider shall commence design of Transmission Provider's
4    Interconnection Facilities or Network Upgrades and procure necessary equipment as soon as
5    practicable after all of the following conditions are satisfied, unless the Parties otherwise agree in
6    writing:
7       5.5.1 Transmission Provider has completed the Facilities Study pursuant to the Facilities
8    Study Agreement;
 9       5.5.2 Transmission Provider has received written authorization to proceed with design and
10   procurement from Interconnection Customer by the date specified in Appendix B, Milestones;
11   and
12      5.5.3 Interconnection Customer has provided security to Transmission Provider in
13   accordance with Article 11.5 by the dates specified in Appendix B, Milestones.
14
15
16       5.6 Construction Commencement. Transmission Provider shall commence construction
17   of Transmission Provider's Interconnection Facilities and Network Upgrades for which it is
18   responsible as soon as practicable after the following additional conditions are satisfied:
19       5.6.1 Approval of the appropriate Governmental Authority has been obtained for any
20   facilities requiring regulatory approval;
21      5.6.2 Necessary real property rights and rights-of-way have been obtained, to the extent
22   required for the construction of a discrete aspect of Transmission Provider's Interconnection
23   Facilities and Network Upgrades;
24      5.6.3 Transmission Provider has received written authorization to proceed with construction
25   from Interconnection Customer by the date specified in Appendix B, Milestones; and
26      5.6.4 Interconnection Customer has provided security to Transmission Provider in
27   accordance with Article 11.5 by the dates specified in Appendix B, Milestones.
28
29
30       5.7 Work Progress. The Parties will keep each other advised periodically as to the
31   progress of their respective design, procurement and construction efforts. Either Party may, at
32   any time, request a progress report from the other Party. If, at any time, Interconnection
33   Customer determines that the completion of Transmission Provider's Interconnection Facilities
34   will not be required until after the specified In-Service Date, Interconnection Customer will
35   provide written notice to Transmission Provider of such later date upon which the completion of
36   Transmission Provider's Interconnection Facilities will be required.
37

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 328

1        5.8 Information Exchange. As soon as reasonably practicable after the Effective Date, the
2    Parties shall exchange information regarding the design and compatibility of the Parties'
3    Interconnection Facilities and compatibility of the Interconnection Facilities with Transmission
4    Provider's Transmission System, and shall work diligently and in good faith to make any
5    necessary design changes.
6
 7       5.9 Limited Operation. If any of Transmission Provider's Interconnection Facilities or
 8   Network Upgrades are not reasonably expected to be completed prior to the Commercial
 9   Operation Date of the Large Generating Facility, Transmission Provider shall, upon the request
10   and at the expense of Interconnection Customer, perform operating studies on a timely basis to
11   determine the extent to which the Large Generating Facility and Interconnection Customer's
12   Interconnection Facilities may operate prior to the completion of Transmission Provider's
13   Interconnection Facilities or Network Upgrades consistent with Applicable Laws and
14   Regulations, Applicable Reliability Standards, Good Utility Practice, and this LGIA.
15   Transmission Provider shall permit Interconnection Customer to operate the Large Generating
16   Facility and Interconnection Customer's Interconnection Facilities in accordance with the results
17   of such studies.
18
19   5.10 Interconnection Customer's Interconnection Facilities (“ICIF”) .
20   Interconnection Customer shall, at its expense, design, procure, construct, own and install the
21   ICIF, as set forth in Appendix A, Interconnection Facilities, Network Upgrades and Distribution
22   Upgrades.
23
24       5.10.1       Interconnection Customer’s Interconnection Facility Specifications.
25   Interconnection Customer shall submit initial specifications for the ICIF, including System
26   Protection Facilities, to Transmission Provider at least one hundred eighty (180) Calendar Days
27   prior to the Initial Synchronization Date; and final specifications for review and comment at least
28   ninety (90) Calendar Days prior to the Initial Synchronization Date. Transmission Provider shall
29   review such specifications to ensure that the ICIF are compatible with the technical
30   specifications, operational control, and safety requirements of Transmission Provider and
31   comment on such specifications within thirty (30) Calendar Days of Interconnection Customer's
32   submission. All specifications provided hereunder shall be deemed confidential.
33
34       5.10.2     Transmission Provider’s Review. Transmission Provider's review of
35   Interconnection Customer's final specifications shall not be construed as confirming, endorsing,
36   or providing a warranty as to the design, fitness, safety, durability or reliability of the Large
37   Generating Facility, or the ICIF. Interconnection Customer shall make such changes to the ICIF
38   as may reasonably be required by Transmission Provider, in accordance with Good Utility



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 329

1    Practice, to ensure that the ICIF are compatible with the technical specifications, operational
2    control, and safety requirements of Transmission Provider.
3
 4       5.10.3       ICIF Construction. The ICIF shall be designed and constructed in accordance
 5   with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the
 6   Commercial Operation Date, unless the Parties agree on another mutually acceptable deadline,
 7   Interconnection Customer shall deliver to Transmission Provider "as-built" drawings,
 8   information and documents for the ICIF, such as: A one-line diagram, a site plan showing the
 9   Large Generating Facility and the ICIF, plan and elevation drawings showing the layout of the
10   ICIF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay
11   settings for all facilities associated with Interconnection Customer's step-up transformers, the
12   facilities connecting the Large Generating Facility to the step-up transformers and the ICIF, and
13   the impedances (determined by factory tests) for the associated step-up transformers and the
14   Large Generating Facility. The Interconnection Customer shall provide Transmission Provider
15   specifications for the excitation system, automatic voltage regulator, Large Generating Facility
16   control and protection settings, transformer tap settings, and communications, if applicable.
17
18       5.11       Transmission Provider's Interconnection Facilities Construction.
19   Transmission Provider's Interconnection Facilities shall be designed and constructed in
20   accordance with Good Utility Practice. Upon request, within one hundred twenty (120) Calendar
21   Days after the Commercial Operation Date, unless the Parties agree on another mutually
22   acceptable deadline, Transmission Provider shall deliver to Interconnection Customer the
23   following "as-built" drawings, information and documents for Transmission Provider's
24   Interconnection Facilities [include appropriate drawings and relay diagrams].
25      Transmission Provider will obtain control of Transmission Provider's Interconnection
26   Facilities and Stand Alone Network Upgrades upon completion of such facilities.
27
28
29       5.12        Access Rights. Upon reasonable notice and supervision by a Party, and subject
30   to any required or necessary regulatory approvals, a Party ("Granting Party") shall furnish at no
31   cost to the other Party ("Access Party") any rights of use, licenses, rights of way and easements
32   with respect to lands owned or controlled by the Granting Party, its agents (if allowed under the
33   applicable agency agreement), or any Affiliate, that are necessary to enable the Access Party to




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 330

 1   obtain ingress and egress to construct, operate, maintain, repair, test (or witness testing), inspect,
 2   replace or remove facilities and equipment to: (i) Interconnect the Large Generating Facility with
 3   the Transmission System; (ii) operate and maintain the Large Generating Facility, the
 4   Interconnection Facilities and the Transmission System; and (iii) disconnect or remove the
 5   Access Party's facilities and equipment upon termination of this LGIA. In exercising such
 6   licenses, rights of way and easements, the Access Party shall not unreasonably disrupt or
 7   interfere with normal operation of the Granting Party's business and shall adhere to the safety
 8   rules and procedures established in advance, as may be changed from time to time, by the
 9   Granting Party and provided to the Access Party.
10
11       5.13        Lands of Other Property Owners. If any part of Transmission Provider or
12   Transmission Owner's Interconnection Facilities and/or Network Upgrades is to be installed on
13   property owned by persons other than Interconnection Customer or Transmission Provider or
14   Transmission Owner, Transmission Provider or Transmission Owner shall at Interconnection
15   Customer's expense use efforts, similar in nature and extent to those that it typically undertakes
16   on its own behalf or on behalf of its Affiliates, including use of its eminent domain authority, and
17   to the extent consistent with state law, to procure from such persons any rights of use, licenses,
18   rights of way and easements that are necessary to construct, operate, maintain, test, inspect,
19   replace or remove Transmission Provider or Transmission Owner's Interconnection Facilities
20   and/or Network Upgrades upon such property.
21
22       5.14       Permits. Transmission Provider or Transmission Owner and Interconnection
23   Customer shall cooperate with each other in good faith in obtaining all permits, licenses, and
24   authorizations that are necessary to accomplish the interconnection in compliance with
25   Applicable Laws and Regulations. With respect to this paragraph, Transmission Provider or
26   Transmission Owner shall provide permitting assistance to Interconnection Customer
27   comparable to that provided to Transmission Provider's own, or an Affiliate's generation.
28
29       5.15       Early Construction of Base Case Facilities. Interconnection Customer
30   may request Transmission Provider to construct, and Transmission Provider shall construct,
31   using Reasonable Efforts to accommodate Interconnection Customer's In-Service Date, all or any
32   portion of any Network Upgrades required for Interconnection Customer to be interconnected to
33   the Transmission System which are included in the Base Case of the Facilities Study for
34   Interconnection Customer, and which also are required to be constructed for another
35   Interconnection Customer, but where such construction is not scheduled to be completed in time
36   to achieve Interconnection Customer's In-Service Date.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 331

1
 2       5.16         Suspension. Interconnection Customer reserves the right, upon written notice
 3   to Transmission Provider, to suspend at any time all work by Transmission Provider associated
 4   with the construction and installation of Transmission Provider's Interconnection Facilities
 5   and/or Network Upgrades required under this LGIA with the condition that Transmission System
 6   shall be left in a safe and reliable condition in accordance with Good Utility Practice and
 7   Transmission Provider's safety and reliability criteria. In such event, Interconnection Customer
 8   shall be responsible for all reasonable and necessary costs which Transmission Provider (i) has
 9   incurred pursuant to this LGIA prior to the suspension and (ii) incurs in suspending such work,
10   including any costs incurred to perform such work as may be necessary to ensure the safety of
11   persons and property and the integrity of the Transmission System during such suspension and, if
12   applicable, any costs incurred in connection with the cancellation or suspension of material,
13   equipment and labor contracts which Transmission Provider cannot reasonably avoid; provided,
14   however, that prior to canceling or suspending any such material, equipment or labor contract,
15   Transmission Provider shall obtain Interconnection Customer's authorization to do so.
16       Transmission Provider shall invoice Interconnection Customer for such costs pursuant to
17   Article 12 and shall use due diligence to minimize its costs. In the event Interconnection
18   Customer suspends work by Transmission Provider required under this LGIA pursuant to this
19   Article 5.16, and has not requested Transmission Provider to recommence the work required
20   under this LGIA on or before the expiration of three (3) years following commencement of such
21   suspension, this LGIA shall be deemed terminated. The three-year period shall begin on the date
22   the suspension is requested, or the date of the written notice to Transmission Provider, if no
23   effective date is specified.
24
25
26   5.17   Taxes.
27
28        5.17.1      Interconnection Customer Payments Not Taxable. The Parties intend that
29   all payments or property transfers made by Interconnection Customer to Transmission Provider
30   for the installation of Transmission Provider's Interconnection Facilities and the Network
31   Upgrades shall be non-taxable, either as contributions to capital, or as an advance, in accordance
32   with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable
33   as contributions in aid of construction or otherwise under the Internal Revenue Code and any
34   applicable state income tax laws.
35
36       5.17.2       Representations And Covenants. In accordance with IRS Notice 2001-82
37   and IRS Notice 88-129, Interconnection Customer represents and covenants that (i) ownership of
38   the electricity generated at the Large Generating Facility will pass to another party prior to the
39   transmission of the electricity on the Transmission System, (ii) for income tax purposes, the

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 332

 1   amount of any payments and the cost of any property transferred to Transmission Provider for
 2   Transmission Provider's Interconnection Facilities will be capitalized by Interconnection
 3   Customer as an intangible asset and recovered using the straight-line method over a useful life of
 4   twenty (20) years, and (iii) any portion of Transmission Provider's Interconnection Facilities that
 5   is a "dual-use intertie," within the meaning of IRS Notice 88-129, is reasonably expected to carry
 6   only a de minimis amount of electricity in the direction of the Large Generating Facility. For this
 7   purpose, " de minimis amount" means no more than 5 percent of the total power flows in both
 8   directions, calculated in accordance with the "5 percent test" set forth in IRS Notice 88-129. This
 9   is not intended to be an exclusive list of the relevant conditions that must be met to conform to
10   IRS requirements for non-taxable treatment.
11       At Transmission Provider's request, Interconnection Customer shall provide Transmission
12   Provider with a report from an independent engineer confirming its representation in clause (iii),
13   above. Transmission Provider represents and covenants that the cost of Transmission Provider's
14   Interconnection Facilities paid for by Interconnection Customer will have no net effect on the
15   base upon which rates are determined.
16
17
18       5.17.3      Indemnification for the Cost Consequences of Current Tax Liability
19   Imposed Upon the Transmission Provider. Notwithstanding Article 5.17.1,
20   Interconnection Customer shall protect, indemnify and hold harmless Transmission Provider
21   from the cost consequences of any current tax liability imposed against Transmission Provider as
22   the result of payments or property transfers made by Interconnection Customer to Transmission
23   Provider under this LGIA for Interconnection Facilities, as well as any interest and penalties,
24   other than interest and penalties attributable to any delay caused by Transmission Provider.
25       Transmission Provider shall not include a gross-up for the cost consequences of any current
26   tax liability in the amounts it charges Interconnection Customer under this LGIA unless (i)
27   Transmission Provider has determined, in good faith, that the payments or property transfers
28   made by Interconnection Customer to Transmission Provider should be reported as income
29   subject to taxation or (ii) any Governmental Authority directs Transmission Provider to report
30   payments or property as income subject to taxation; provided, however, that Transmission
31   Provider may require Interconnection Customer to provide security for Interconnection
32   Facilities, in a form reasonably acceptable to Transmission Provider (such as a parental
33   guarantee or a letter of credit), in an amount equal to the cost consequences of any current tax
34   liability under this Article 5.17. Interconnection Customer shall reimburse Transmission Provider
35   for such costs on a fully grossed-up basis, in accordance with Article 5.17.4, within thirty (30)
36   Calendar Days of receiving written notification from Transmission Provider of the amount due,
37   including detail about how the amount was calculated. The indemnification obligation shall
38   terminate at the earlier of (1) the expiration of the ten year testing period and the applicable
39   statute of limitation, as it may be extended by Transmission Provider upon request of the IRS, to


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                   Open Access Transmission Tariff
                                                                              Original Sheet No. 333

1    keep these years open for audit or adjustment, or (2) the occurrence of a subsequent taxable
2    event and the payment of any related indemnification obligations as contemplated by this Article
3    5.17.
4
 5       5.17.4      Tax Gross-Up Amount. . Interconnection Customer's liability for the cost
 6   consequences of any current tax liability under this Article 5.17 shall be calculated on a fully
 7   grossed-up basis. Except as may otherwise be agreed to by the parties, this means that
 8   Interconnection Customer will pay Transmission Provider, in addition to the amount paid for the
 9   Interconnection Facilities and Network Upgrades, an amount equal to (1) the current taxes
10   imposed on Transmission Provider ("Current Taxes") on the excess of (a) the gross income
11   realized by Transmission Provider as a result of payments or property transfers made by
12   Interconnection Customer to Transmission Provider under this LGIA (without regard to any
13   payments under this Article 5.17) (the "Gross Income Amount") over (b) the present value of
14   future tax deductions for depreciation that will be available as a result of such payments or
15   property transfers (the "Present Value Depreciation Amount"), plus (2) an additional amount
16   sufficient to permit Transmission Provider to receive and retain, after the payment of all Current
17   Taxes, an amount equal to the net amount described in clause (1).
18       For this purpose, (i) Current Taxes shall be computed based on Transmission Provider's
19   composite federal and state tax rates at the time the payments or property transfers are received
20   and Transmission Provider will be treated as being subject to tax at the highest marginal rates in
21   effect at that time (the "Current Tax Rate"), and (ii) the Present Value Depreciation Amount shall
22   be computed by discounting Transmission Provider's anticipated tax depreciation deductions as a
23   result of such payments or property transfers by Transmission Provider's current weighted
24   average cost of capital. Thus, the formula for calculating Interconnection Customer's liability to
25   Transmission Owner pursuant to this Article 5.17.4 can be expressed as follows: (Current Tax
26   Rate x (Gross Income Amount- Present Value of Tax Depreciation))/(1-Current Tax Rate).
27   Interconnection Customer's estimated tax liability in the event taxes are imposed shall be stated
28   in Appendix A, Interconnection Facilities, Network Upgrades and Distribution Upgrades.
29
30       5.17.5       Private Letter Ruling or Change or Clarification of Law. At
31   Interconnection Customer's request and expense, Transmission Provider shall file with the IRS a
32   request for a private letter ruling as to whether any property transferred or sums paid, or to be
33   paid, by Interconnection Customer to Transmission Provider under this LGIA are subject to
34   federal income taxation. Interconnection Customer will prepare the initial draft of the request for
35   a private letter ruling, and will certify under penalties of perjury that all facts represented in such
36   request are true and accurate to the best of Interconnection Customer's knowledge. Transmission
37   Provider and Interconnection Customer shall cooperate in good faith with respect to the
38   submission of such request.



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 334

1        Transmission Provider shall keep Interconnection Customer fully informed of the status of
2    such request for a private letter ruling and shall execute either a privacy act waiver or a limited
3    power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer to
4    participate in all discussions with the IRS regarding such request for a private letter ruling.
5    Transmission Provider shall allow Interconnection Customer to attend all meetings with IRS
6    officials about the request and shall permit Interconnection Customer to prepare the initial drafts
7    of any follow-up letters in connection with the request.
8
 9       5.17.6      Subsequent Taxable Events. If, within 10 years from the date on which the
10   relevant Transmission Provider's Interconnection Facilities are placed in service, (i)
11   Interconnection Customer Breaches the covenants contained in Article 5.17.2, (ii) a
12   "disqualification event" occurs within the meaning of IRS Notice 88-129, or (iii) this LGIA
13   terminates and Transmission Provider retains ownership of the Interconnection Facilities and
14   Network Upgrades, Interconnection Customer shall pay a tax gross-up for the cost consequences
15   of any current tax liability imposed on Transmission Provider, calculated using the methodology
16   described in Article 5.17.4 and in accordance with IRS Notice 90-60.
17
18       5.17.7      Contests. In the event any Governmental Authority determines that
19   Transmission Provider's receipt of payments or property constitutes income that is subject to
20   taxation, Transmission Provider shall notify Interconnection Customer, in writing, within thirty
21   (30) Calendar Days of receiving notification of such determination by a Governmental
22   Authority. Upon the timely written request by Interconnection Customer and at Interconnection
23   Customer's sole expense, Transmission Provider may appeal, protest, seek abatement of, or
24   otherwise oppose such determination. Upon Interconnection Customer's written request and sole
25   expense, Transmission Provider may file a claim for refund with respect to any taxes paid under
26   this Article 5.17, whether or not it has received such a determination. Transmission Provider
27   reserves the right to make all decisions with regard to the prosecution of such appeal, protest,
28   abatement or other contest, including the selection of counsel and compromise or settlement of
29   the claim, but Transmission Provider shall keep Interconnection Customer informed, shall
30   consider in good faith suggestions from Interconnection Customer about the conduct of the
31   contest, and shall reasonably permit Interconnection Customer or an Interconnection Customer
32   representative to attend contest proceedings.
33       Interconnection Customer shall pay to Transmission Provider on a periodic basis, as invoiced
34   by Transmission Provider, Transmission Provider's documented reasonable costs of prosecuting
35   such appeal, protest, abatement or other contest. At any time during the contest, Transmission
36   Provider may agree to a settlement either with Interconnection Customer's consent or after
37   obtaining written advice from nationally-recognized tax counsel, selected by Transmission
38   Provider, but reasonably acceptable to Interconnection Customer, that the proposed settlement


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 335

1    represents a reasonable settlement given the hazards of litigation. Interconnection Customer's
2    obligation shall be based on the amount of the settlement agreed to by Interconnection Customer,
3    or if a higher amount, so much of the settlement that is supported by the written advice from
4    nationally-recognized tax counsel selected under the terms of the preceding sentence. The
5    settlement amount shall be calculated on a fully grossed-up basis to cover any related cost
6    consequences of the current tax liability. Any settlement without Interconnection Customer's
7    consent or such written advice will relieve Interconnection Customer from any obligation to
8    indemnify Transmission Provider for the tax at issue in the contest.
9
10       5.17.8      Refund. In the event that (a) a private letter ruling is issued to Transmission
11   Provider which holds that any amount paid or the value of any property transferred by
12   Interconnection Customer to Transmission Provider under the terms of this LGIA is not subject
13   to federal income taxation, (b) any legislative change or administrative announcement, notice,
14   ruling or other determination makes it reasonably clear to Transmission Provider in good faith
15   that any amount paid or the value of any property transferred by Interconnection Customer to
16   Transmission Provider under the terms of this LGIA is not taxable to Transmission Provider, (c)
17   any abatement, appeal, protest, or other contest results in a determination that any payments or
18   transfers made by Interconnection Customer to Transmission Provider are not subject to federal
19   income tax, or (d) if Transmission Provider receives a refund from any taxing authority for any
20   overpayment of tax attributable to any payment or property transfer made by Interconnection
21   Customer to Transmission Provider pursuant to this LGIA, Transmission Provider shall promptly
22   refund to Interconnection Customer the following:
23        (i) Any payment made by Interconnection Customer under this Article 5.17 for taxes that is
24   attributable to the amount determined to be non-taxable, together with interest thereon,
25       (ii) interest on any amounts paid by Interconnection Customer to Transmission Provider for
26   such taxes which Transmission Provider did not submit to the taxing authority, calculated in
27   accordance with the methodology set forth in FERC's regulations at 18 CFR 35.19a(a)(2)(iii)
28   from the date payment was made by Interconnection Customer to the date Transmission Provider
29   refunds such payment to Interconnection Customer, and
30       (iii) With respect to any such taxes paid by Transmission Provider, any refund or credit
31   Transmission Provider receives or to which it may be entitled from any Governmental Authority,
32   interest (or that portion thereof attributable to the payment described in clause (i), above) owed
33   to Transmission Provider for such overpayment of taxes (including any reduction in interest
34   otherwise payable by Transmission Provider to any Governmental Authority resulting from an
35   offset or credit); provided, however, that Transmission Provider will remit such amount promptly
36   to Interconnection Customer only after and to the extent that Transmission Provider has received
37   a tax refund, credit or offset from any Governmental Authority for any applicable overpayment
38   of income tax related to Transmission Provider's Interconnection Facilities.




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                   Open Access Transmission Tariff
                                                                              Original Sheet No. 336

1        The intent of this provision is to leave the Parties, to the extent practicable, in the event that
2    no taxes are due with respect to any payment for Interconnection Facilities and Network
3    Upgrades hereunder, in the same position they would have been in had no such tax payments
4    been made.
5
 6       5.17.9     Taxes Other Than Income Taxes. Upon the timely request by
 7   Interconnection Customer, and at Interconnection Customer's sole expense, Transmission
 8   Provider may appeal, protest, seek abatement of, or otherwise contest any tax (other than federal
 9   or state income tax) asserted or assessed against Transmission Provider for which
10   Interconnection Customer may be required to reimburse Transmission Provider under the terms
11   of this LGIA.
12       Interconnection Customer shall pay to Transmission Provider on a periodic basis, as invoiced
13   by Transmission Provider, Transmission Provider's documented reasonable costs of prosecuting
14   such appeal, protest, abatement, or other contest. Interconnection Customer and Transmission
15   Provider shall cooperate in good faith with respect to any such contest. Unless the payment of
16   such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be
17   payable by Interconnection Customer to Transmission Provider for such taxes until they are
18   assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the
19   event that a tax payment is withheld and ultimately due and payable after appeal, Interconnection
20   Customer will be responsible for all taxes, interest and penalties, other than penalties attributable
21   to any delay caused by Transmission Provider.
22
23       5.17.10 Transmission Owners Who Are Not Transmission Providers. If
24   Transmission Provider is not the same entity as the Transmission Owner, then (i) all references
25   in this Article 5.17 to Transmission Provider shall be deemed also to refer to and to include the
26   Transmission Owner, as appropriate, and (ii) this LGIA shall not become effective until such
27   Transmission Owner shall have agreed in writing to assume all of the duties and obligations of
28   Transmission Provider under this Article 5.17 of this LGIA.
29
30       5.18        Tax Status. Each Party shall cooperate with the other to maintain the other
31   Party's tax status. Nothing in this LGIA is intended to adversely affect any Transmission
32   Provider's tax exempt status with respect to the issuance of bonds including, but not limited to,
33   Local Furnishing Bonds.
34
35   5.19    Modification.
36
37       5.19.1     General. Either Party may undertake modifications to its facilities. If a Party
38   plans to undertake a modification that reasonably may be expected to affect the other Party's

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                      Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 337

1    facilities, that Party shall provide to the other Party sufficient information regarding such
2    modification so that the other Party may evaluate the potential impact of such modification prior
3    to commencement of the work. Such information shall be deemed to be confidential hereunder
4    and shall include information concerning the timing of such modifications and whether such
5    modifications are expected to interrupt the flow of electricity from the Large Generating Facility.
6    The Party desiring to perform such work shall provide the relevant drawings, plans, and
7    specifications to the other Party at least ninety (90) Calendar Days in advance of the
8    commencement of the work or such shorter period upon which the Parties may agree, which
9    agreement shall not unreasonably be withheld, conditioned or delayed.
10       In the case of Large Generating Facility modifications that do not require Interconnection
11   Customer to submit an Interconnection Request, Transmission Provider shall provide, within
12   thirty (30) Calendar Days (or such other time as the Parties may agree), an estimate of any
13   additional modifications to the Transmission System, Transmission Provider's Interconnection
14   Facilities or Network Upgrades necessitated by such Interconnection Customer modification and
15   a good faith estimate of the costs thereof.
16
17       5.19.2       Standards. Any additions, modifications, or replacements made to a Party's
18   facilities shall be designed, constructed and operated in accordance with this LGIA and Good
19   Utility Practice.
20
21       5.19.3      Modification Costs. Interconnection Customer shall not be directly assigned
22   for the costs of any additions, modifications, or replacements that Transmission Provider makes
23   to Transmission Provider's Interconnection Facilities or the Transmission System to facilitate the
24   interconnection of a third party to Transmission Provider's Interconnection Facilities or the
25   Transmission System, or to provide transmission service to a third party under Transmission
26   Provider's Tariff. Interconnection Customer shall be responsible for the costs of any additions,
27   modifications, or replacements to Interconnection Customer's Interconnection Facilities that may
28   be necessary to maintain or upgrade such Interconnection Customer's Interconnection Facilities
29   consistent with Applicable Laws and Regulations, Applicable Reliability Standards or Good
30   Utility Practice.
31
32                            ARTICLE 6. TESTING AND INSPECTION
33
34       6.1 Pre-Commercial Operation Date Testing and Modifications. Prior to the
35   Commercial Operation Date, Transmission Provider shall test Transmission Provider's
36   Interconnection Facilities and Network Upgrades and Interconnection Customer shall test the
37   Large Generating Facility and Interconnection Customer's Interconnection Facilities to ensure
38   their safe and reliable operation. Similar testing may be required after initial operation. Each
39   Party shall make any modifications to its facilities that are found to be necessary as a result of

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 338

1    such testing. Interconnection Customer shall bear the cost of all such testing and modifications.
2    Interconnection Customer shall generate test energy at the Large Generating Facility only if it
3    has arranged for the delivery of such test energy.
4
 5        6.2 Post-Commercial Operation Date Testing and Modifications. Each Party shall
 6   at its own expense perform routine inspection and testing of its facilities and equipment in
 7   accordance with Good Utility Practice as may be necessary to ensure the continued
 8   interconnection of the Large Generating Facility with the Transmission System in a safe and
 9   reliable manner. Each Party shall have the right, upon advance written notice, to require
10   reasonable additional testing of the other Party's facilities, at the requesting Party's expense, as
11   may be in accordance with Good Utility Practice.
12
13       6.3 Right to Observe Testing. Each Party shall notify the other Party in advance of its
14   performance of tests of its Interconnection Facilities. The other Party has the right, at its own
15   expense, to observe such testing.
16
17       6.4 Right to Inspect. Each Party shall have the right, but shall have no obligation to: (i)
18   Observe the other Party's tests and/or inspection of any of its System Protection Facilities and
19   other protective equipment, including Power System Stabilizers; (ii) review the settings of the
20   other Party's System Protection Facilities and other protective equipment; and (iii) review the
21   other Party's maintenance records relative to the Interconnection Facilities, the System Protection
22   Facilities and other protective equipment. A Party may exercise these rights from time to time as
23   it deems necessary upon reasonable notice to the other Party. The exercise or non-exercise by a
24   Party of any such rights shall not be construed as an endorsement or confirmation of any element
25   or condition of the Interconnection Facilities or the System Protection Facilities or other
26   protective equipment or the operation thereof, or as a warranty as to the fitness, safety,
27   desirability, or reliability of same. Any information that a Party obtains through the exercise of
28   any of its rights under this Article 6.4 shall be deemed to be Confidential Information and treated
29   pursuant to Article 22 of this LGIA.
30
31                                       ARTICLE 7. METERING
32
33        7.1 General. Each Party shall comply with the Applicable Reliability Council requirements.
34   Unless otherwise agreed by the Parties, Transmission Provider shall install Metering Equipment
35   at the Point of Interconnection prior to any operation of the Large Generating Facility and shall
36   own, operate, test and maintain such Metering Equipment. Power flows to and from the Large
37   Generating Facility shall be measured at or, at Transmission Provider's option, compensated to,
38   the Point of Interconnection. Transmission Provider shall provide metering quantities, in analog
39   and/or digital form, to Interconnection Customer upon request. Interconnection Customer shall

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 339

1    bear all reasonable documented costs associated with the purchase, installation, operation, testing
2    and maintenance of the Metering Equipment.
3
 4       7.2 Check Meters. Interconnection Customer, at its option and expense, may install and
 5   operate, on its premises and on its side of the Point of Interconnection, one or more check meters
 6   to check Transmission Provider's meters. Such check meters shall be for check purposes only
 7   and shall not be used for the measurement of power flows for purposes of this LGIA, except as
 8   provided in Article 7.4 below. The check meters shall be subject at all reasonable times to
 9   inspection and examination by Transmission Provider or its designee. The installation, operation
10   and maintenance thereof shall be performed entirely by Interconnection Customer in accordance
11   with Good Utility Practice.
12
13      7.3 Standards. Transmission Provider shall install, calibrate, and test revenue quality
14   Metering Equipment in accordance with applicable ANSI standards.
15
16       7.4 Testing of Metering Equipment. Transmission Provider shall inspect and test all
17   Transmission Provider-owned Metering Equipment upon installation and at least once every two
18   (2) years thereafter. If requested to do so by Interconnection Customer, Transmission Provider
19   shall, at Interconnection Customer's expense, inspect or test Metering Equipment more
20   frequently than every two (2) years. Transmission Provider shall give reasonable notice of the
21   time when any inspection or test shall take place, and Interconnection Customer may have
22   representatives present at the test or inspection. If at any time Metering Equipment is found to be
23   inaccurate or defective, it shall be adjusted, repaired or replaced at Interconnection Customer's
24   expense, in order to provide accurate metering, unless the inaccuracy or defect is due to
25   Transmission Provider's failure to maintain, then Transmission Provider shall pay. If Metering
26   Equipment fails to register, or if the measurement made by Metering Equipment during a test
27   varies by more than two percent from the measurement made by the standard meter used in the
28   test, Transmission Provider shall adjust the measurements by correcting all measurements for the
29   period during which Metering Equipment was in error by using Interconnection Customer's
30   check meters, if installed. If no such check meters are installed or if the period cannot be
31   reasonably ascertained, the adjustment shall be for the period immediately preceding the test of
32   the Metering Equipment equal to one-half the time from the date of the last previous test of the
33   Metering Equipment.
34
35       7.5 Metering Data. At Interconnection Customer's expense, the metered data shall be
36   telemetered to one or more locations designated by Transmission Provider and one or more
37   locations designated by Interconnection Customer. Such telemetered data shall be used, under
38   normal operating conditions, as the official measurement of the amount of energy delivered from
39   the Large Generating Facility to the Point of Interconnection.

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                               Open Access Transmission Tariff
                                                                          Original Sheet No. 340

1
2                                 ARTICLE 8. COMMUNICATIONS
3
 4       8.1 Interconnection Customer Obligations. Interconnection Customer shall maintain
 5   satisfactory operating communications with Transmission Provider's Transmission System
 6   dispatcher or representative designated by Transmission Provider. Interconnection Customer
 7   shall provide standard voice line, dedicated voice line and facsimile communications at its Large
 8   Generating Facility control room or central dispatch facility through use of either the public
 9   telephone system, or a voice communications system that does not rely on the public telephone
10   system. Interconnection Customer shall also provide the dedicated data circuit(s) necessary to
11   provide Interconnection Customer data to Transmission Provider as set forth in Appendix D,
12   Security Arrangements Details. The data circuit(s) shall extend from the Large Generating
13   Facility to the location(s) specified by Transmission Provider. Any required maintenance of such
14   communications equipment shall be performed by Interconnection Customer. Operational
15   communications shall be activated and maintained under, but not be limited to, the following
16   events: System paralleling or separation, scheduled and unscheduled shutdowns, equipment
17   clearances, and hourly and daily load data.
18
19       8.2 Remote Terminal Unit. Prior to the Initial Synchronization Date of the Large
20   Generating Facility, a Remote Terminal Unit, or equivalent data collection and transfer
21   equipment acceptable to the Parties, shall be installed by Interconnection Customer, or by
22   Transmission Provider at Interconnection Customer's expense, to gather accumulated and
23   instantaneous data to be telemetered to the location(s) designated by Transmission Provider
24   through use of a dedicated point-to-point data circuit(s) as indicated in Article 8.1. The
25   communication protocol for the data circuit(s) shall be specified by Transmission Provider.
26   Instantaneous bi-directional analog real power and reactive power flow information must be
27   telemetered directly to the location(s) specified by Transmission Provider.
28       Each Party will promptly advise the other Party if it detects or otherwise learns of any
29   metering, telemetry or communications equipment errors or malfunctions that require the
30   attention and/or correction by the other Party. The Party owning such equipment shall correct
31   such error or malfunction as soon as reasonably feasible.
32
33      8.3 No Annexation. Any and all equipment placed on the premises of a Party shall be and
34   remain the property of the Party providing such equipment regardless of the mode and manner of
35   annexation or attachment to real property, unless otherwise mutually agreed by the Parties.
36
37                                    ARTICLE 9. OPERATIONS
38



     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 341

1        9.1 General. Each Party shall comply with the Applicable Reliability Council requirements.
2    Each Party shall provide to the other Party all information that may reasonably be required by the
3    other Party to comply with Applicable Laws and Regulations and Applicable Reliability
4    Standards. The Transmission Provider will use the regional reliability criteria developed and
5    implemented by the Florida Reliability Coordinating Council.
6
 7        9.2 Control Area Notification. At least three months before Initial Synchronization Date,
 8   Interconnection Customer shall notify Transmission Provider in writing of the Control Area in
 9   which the Large Generating Facility will be located. If Interconnection Customer elects to locate
10   the Large Generating Facility in a Control Area other than the Control Area in which the Large
11   Generating Facility is physically located, and if permitted to do so by the relevant transmission
12   tariffs, all necessary arrangements, including but not limited to those set forth in Article 7 and
13   Article 8 of this LGIA, and remote Control Area generator interchange agreements, if applicable,
14   and the appropriate measures under such agreements, shall be executed and implemented prior to
15   the placement of the Large Generating Facility in the other Control Area.
16
17       9.3 Transmission Provider Obligations. Transmission Provider shall cause the
18   Transmission System and Transmission Provider's Interconnection Facilities to be operated,
19   maintained and controlled in a safe and reliable manner and in accordance with this LGIA.
20   Transmission Provider may provide operating instructions to Interconnection Customer
21   consistent with this LGIA and Transmission Provider's operating protocols and procedures as
22   they may change from time to time. Transmission Provider will consider changes to its operating
23   protocols and procedures proposed by Interconnection Customer.
24
25       9.4 Interconnection Customer Obligations. Interconnection Customer shall at its own
26   expense operate, maintain and control the Large Generating Facility and Interconnection
27   Customer's Interconnection Facilities in a safe and reliable manner and in accordance with this
28   LGIA. Interconnection Customer shall operate the Large Generating Facility and Interconnection
29   Customer's Interconnection Facilities in accordance with all applicable requirements of the
30   Control Area of which it is part, as such requirements are set forth in Appendix C,
31   Interconnection Details, of this LGIA. Appendix C, Interconnection Details, will be modified to




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                        1st Revised Sheet No. 342

1    reflect changes to the requirements as they may change from time to time. Either Party may
2    request that the other Party provide copies of the requirements set forth in Appendix C,
3    Interconnection Details, of this LGIA.
4
 5      9.5 Start-Up and Synchronization. Consistent with the Parties' mutually acceptable
 6   procedures, Interconnection Customer is responsible for the proper synchronization of the Large
 7   Generating Facility to Transmission Provider's Transmission System.
 8
 9      9.6 Reactive Power.
10
11      9.6.1      Power Factor Design Criteria. Interconnection Customer shall design the
12   Large Generating Facility to the Reactive Power Design Standards set forth in section 9.6.1.1.
13   The requirements of this paragraph shall not apply to wind generators.
14
15
16       9.6.1.1 Reactive Power Design Standards. The Large Generating Facility power
17   factor design limitation minimum requirement for a Unit operated in excess of 1500 hours per
18   year shall be a reactive power capability sufficient to maintain a composite power delivery at the
19   Point of Interconnection at a power factor of:
20
21   1. 0.95 leading when the Large Generating Facility is operating up to its maximum
22      designed MW output and the voltage at the Point of Interconnection is in the range of
23      103%-107% of the nominal voltage specified in Appendix C; and
24   2. 0.90 lagging when the Large Generating Facility is operating up to its maximum
25      designed MW output and the voltage at the Point of Interconnection is in the range of
26      95%-103% of the nominal voltage specified in Appendix C.
27




     Issued By: C. M. Mennes
     Issued:    October 15, 2004                Effective Date: Upon Acceptance by FERC

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. ER04-1034, issued September 16, 2004, 108 FERC ¶ 61, 239 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 343

 1   The Large Generating Facility power factor design limitation minimum requirement for a
 2   Unit operated less than 1500 hours per year shall be a reactive power capability sufficient
 3   to maintain a composite power delivery at the Point of Interconnection at a power factor of:
 4
 5   1. 1.00 when the Large Generating Facility is operating up to its maximum designed MW
 6      output and the voltage at the Point of Interconnection is in the range of 103%-107% of
 7      the nominal voltage specified in Appendix C; and
 8   2. 0.90 lagging when the Large Generating Facility is operating up to its maximum
 9      designed MW output and the voltage at the Point of Interconnection is in the range of
10      95%-103% of the nominal voltage specified in Appendix C.
11
12       9.6.2       Voltage Schedules. Once Interconnection Customer has synchronized the
13   Large Generating Facility with the Transmission System, Transmission Provider shall require
14   Interconnection Customer to operate the Large Generating Facility to produce or absorb reactive
15   power within the design limitations of the Large Generating Facility set forth in Article 9.6.1
16   (Power Factor Design Criteria). Transmission Provider's voltage schedules shall treat all sources
17   of reactive power in the Control Area in an equitable and not unduly discriminatory manner.
18   Transmission Provider shall exercise Reasonable Efforts to provide Interconnection Customer
19   with such schedules at least one (1) day in advance, and may make changes to such schedules as
20   necessary to maintain the reliability of the Transmission System. Interconnection Customer shall
21   operate the Large Generating Facility to maintain the specified output voltage or power factor at
22   the Point of Interconnection within the design limitations of the Large Generating Facility set
23   forth in Article 9.6.1 (Power Factor Design Criteria). If Interconnection Customer is unable to
24   maintain the specified voltage or power factor, it shall promptly notify the System Operator.
25
26       9.6.2.1 Governors and Regulators. Whenever the Large Generating Facility is
27   operated in parallel with the Transmission System and the speed governors (if installed on the
28   generating unit pursuant to Good Utility Practice) and voltage regulators are capable of
29   operation, Interconnection Customer shall operate the Large Generating Facility with its speed
30   governors and voltage regulators in automatic operation. If the Large Generating Facility's speed
31   governors and voltage regulators are not capable of such automatic operation, Interconnection
32   Customer shall immediately notify Transmission Provider's system operator, or its designated
33   representative, and ensure that such Large Generating Facility's reactive power production or
34   absorption (measured in MVARs) are within the design capability of the Large Generating
35   Facility's generating unit(s) and steady state stability limits. Interconnection Customer shall not
36   cause its Large Generating Facility to disconnect automatically or instantaneously from the
37   Transmission System or trip any generating unit comprising the Large Generating Facility for an
38   under or over frequency condition unless the abnormal frequency condition persists for a time
39   period beyond the limits set forth in ANSI/IEEE Standard C37.106, or such other standard as
40   applied to other generators in the Control Area on a comparable basis.

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 344

1
 2       9.6.3       Payment for Reactive Power. Transmission Provider is required to pay
 3   Interconnection Customer for reactive power that Interconnection Customer provides or absorbs
 4   from the Large Generating Facility when Transmission Provider requests Interconnection
 5   Customer to operate its Large Generating Facility outside the range specified in Article 9.6.1,
 6   provided that if Transmission Provider pays its own or affiliated generators for reactive power
 7   service within the specified range, it must also pay Interconnection Customer. Payments shall be
 8   pursuant to Article 11.6 or such other agreement to which the Parties have otherwise agreed.
 9
10   9.7    Outages and Interruptions.
11
12          9.7.1 Outages.
13
14       9.7.1.1 Outage Authority and Coordination. Each Party may in accordance with
15   Good Utility Practice in coordination with the other Party remove from service any of its
16   respective Interconnection Facilities or Network Upgrades that may impact the other Party's
17   facilities as necessary to perform maintenance or testing or to install or replace equipment.
18   Absent an Emergency Condition, the Party scheduling a removal of such facility(ies) from
19   service will use Reasonable Efforts to schedule such removal on a date and time mutually
20   acceptable to the Parties. In all circumstances, any Party planning to remove such facility(ies)
21   from service shall use Reasonable Efforts to minimize the effect on the other Party of such
22   removal.
23
24       9.7.1.2 Outage Schedules. Transmission Provider shall post scheduled outages of its
25   transmission facilities on the OASIS. Interconnection Customer shall submit its planned
26   maintenance schedules for the Large Generating Facility to Transmission Provider for a
27   minimum of a rolling twenty-four month period. Interconnection Customer shall update its
28   planned maintenance schedules as necessary. Transmission Provider may request
29   Interconnection Customer to reschedule its maintenance as necessary to maintain the reliability
30   of the Transmission System; provided, however, adequacy of generation supply shall not be a
31   criterion in determining Transmission System reliability. Transmission Provider shall
32   compensate Interconnection Customer for any additional direct costs that Interconnection
33   Customer incurs as a result of having to reschedule maintenance, including any additional
34   overtime, breaking of maintenance contracts or other costs above and beyond the cost
35   Interconnection Customer would have incurred absent Transmission Provider's request to
36   reschedule maintenance. Interconnection Customer will not be eligible to receive compensation,
37   if during the twelve (12) months prior to the date of the scheduled maintenance, Interconnection
38   Customer had modified its schedule of maintenance activities.
39


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 345

1        9.7.1.3 Outage Restoration. If an outage on a Party's Interconnection Facilities or
2    Network Upgrades adversely affects the other Party's operations or facilities, the Party that owns
3    or controls the facility that is out of service shall use Reasonable Efforts to promptly restore such
4    facility(ies) to a normal operating condition consistent with the nature of the outage. The Party
5    that owns or controls the facility that is out of service shall provide the other Party, to the extent
6    such information is known, information on the nature of the Emergency Condition, an estimated
7    time of restoration, and any corrective actions required. Initial verbal notice shall be followed up
8    as soon as practicable with written notice explaining the nature of the outage.
9
10       9.7.2        Interruption of Service. If required by Good Utility Practice to do so,
11   Transmission Provider may require Interconnection Customer to interrupt or reduce deliveries of
12   electricity if such delivery of electricity could adversely affect Transmission Provider's ability to
13   perform such activities as are necessary to safely and reliably operate and maintain the
14   Transmission System. The following provisions shall apply to any interruption or reduction
15   permitted under this Article 9.7.2:
16
17      9.7.2.1 The interruption or reduction shall continue only for so long as reasonably necessary
18   under Good Utility Practice;
19       9.7.2.2 Any such interruption or reduction shall be made on an equitable, non-discriminatory
20   basis with respect to all generating facilities directly connected to the Transmission System;
21       9.7.2.3 When the interruption or reduction must be made under circumstances which do not
22   allow for advance notice, Transmission Provider shall notify Interconnection Customer by
23   telephone as soon as practicable of the reasons for the curtailment, interruption, or reduction,
24   and, if known, its expected duration. Telephone notification shall be followed by written
25   notification as soon as practicable;
26       9.7.2.4 Except during the existence of an Emergency Condition, when the interruption or
27   reduction can be scheduled without advance notice, Transmission Provider shall notify
28   Interconnection Customer in advance regarding the timing of such scheduling and further notify
29   Interconnection Customer of the expected duration. Transmission Provider shall coordinate with
30   Interconnection Customer using Good Utility Practice to schedule the interruption or reduction
31   during periods of least impact to Interconnection Customer and Transmission Provider;
32      9.7.2.5 The Parties shall cooperate and coordinate with each other to the extent necessary in
33   order to restore the Large Generating Facility, Interconnection Facilities, and the Transmission
34   System to their normal operating state, consistent with system conditions and Good Utility
35   Practice.
36




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 346

 1       9.7.3       Under-Frequency and Over Frequency Conditions. The Transmission
 2   System is designed to automatically activate a load-shed program as required by the Applicable
 3   Reliability Council in the event of an under-frequency system disturbance. Interconnection
 4   Customer shall implement under-frequency and over-frequency relay set points for the Large
 5   Generating Facility as required by the Applicable Reliability Council to ensure "ride through"
 6   capability of the Transmission System. Large Generating Facility response to frequency
 7   deviations of pre-determined magnitudes, both under-frequency and over-frequency deviations,
 8   shall be studied and coordinated with Transmission Provider in accordance with Good Utility
 9   Practice. The term "ride through" as used herein shall mean the ability of a Generating Facility to
10   stay connected to and synchronized with the Transmission System during system disturbances
11   within a range of under-frequency and over-frequency conditions, in accordance with Good
12   Utility Practice.
13
14          9.7.4 System Protection and Other Control Requirements.
15
16       9.7.4.1 System Protection Facilities. Interconnection Customer shall, at its expense,
17   install, operate and maintain System Protection Facilities as a part of the Large Generating
18   Facility or Interconnection Customer's Interconnection Facilities. Transmission Provider shall
19   install at Interconnection Customer's expense any System Protection Facilities that may be
20   required on Transmission Provider's Interconnection Facilities or the Transmission System as a
21   result of the interconnection of the Large Generating Facility and Interconnection Customer's
22   Interconnection Facilities.
23
24       9.7.4.2 Each Party's protection facilities shall be designed and coordinated with other systems
25   in accordance with Good Utility Practice.
26       9.7.4.3 Each Party shall be responsible for protection of its facilities consistent with Good
27   Utility Practice.
28       9.7.4.4 Each Party's protective relay design shall incorporate the necessary test switches to
29   perform the tests required in Article 6. The required test switches will be placed such that they
30   allow operation of lockout relays while preventing breaker failure schemes from operating and
31   causing unnecessary breaker operations and/or the tripping of Interconnection Customer's units.
32      9.7.4.5 Each Party will test, operate and maintain System Protection Facilities in accordance
33   with Good Utility Practice.
34       9.7.4.6 Prior to the In-Service Date, and again prior to the Commercial Operation Date, each
35   Party or its agent shall perform a complete calibration test and functional trip test of the System
36   Protection Facilities. At intervals suggested by Good Utility Practice and following any apparent
37   malfunction of the System Protection Facilities, each Party shall perform both calibration and
38   functional trip tests of its System Protection Facilities. These tests do not require the tripping of

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 347

1    any in-service generation unit. These tests do, however, require that all protective relays and
2    lockout contacts be activated.
3
 4       9.7.5        Requirements for Protection. In compliance with Good Utility Practice,
 5   Interconnection Customer shall provide, install, own, and maintain relays, circuit breakers and all
 6   other devices necessary to remove any fault contribution of the Large Generating Facility to any
 7   short circuit occurring on the Transmission System not otherwise isolated by Transmission
 8   Provider's equipment, such that the removal of the fault contribution shall be coordinated with
 9   the protective requirements of the Transmission System. Such protective equipment shall
10   include, without limitation, a disconnecting device or switch with load-interrupting capability
11   located between the Large Generating Facility and the Transmission System at a site selected
12   upon mutual agreement (not to be unreasonably withheld, conditioned or delayed) of the Parties.
13   Interconnection Customer shall be responsible for protection of the Large Generating Facility
14   and Interconnection Customer's other equipment from such conditions as negative sequence
15   currents, over-or under-frequency, sudden load rejection, over-or under-voltage, and generator
16   loss-of-field. Interconnection Customer shall be solely responsible to disconnect the Large
17   Generating Facility and Interconnection Customer's other equipment if conditions on the
18   Transmission System could adversely affect the Large Generating Facility.
19
20       9.7.6       Power Quality. Neither Party's facilities shall cause excessive voltage flicker
21   nor introduce excessive distortion to the sinusoidal voltage or current waves as defined by ANSI
22   Standard C84.1-1989, in accordance with IEEE Standard 519, or any applicable superseding
23   electric industry standard. In the event of a conflict between ANSI Standard C84.1-1989, or any
24   applicable superseding electric industry standard, ANSI Standard C84.1-1989, or the applicable
25   superseding electric industry standard, shall control.
26
27       9.8 Switching and Tagging Rules. Each Party shall provide the other Party a copy of its
28   switching and tagging rules that are applicable to the other Party's activities. Such switching and
29   tagging rules shall be developed on a non-discriminatory basis. The Parties shall comply with
30   applicable switching and tagging rules, as amended from time to time, in obtaining clearances for
31   work or for switching operations on equipment.
32
33   9.9    Use of Interconnection Facilities by Third Parties.
34
35       9.9.1     Purpose of Interconnection Facilities. Except as may be required by
36   Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the
37   Interconnection Facilities shall be constructed for the sole purpose of interconnecting the Large
38   Generating Facility to the Transmission System and shall be used for no other purpose.
39

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 348

 1       9.9.2        Third Party Users. If required by Applicable Laws and Regulations or if the
 2   Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more
 3   third parties to use Transmission Provider's Interconnection Facilities, or any part thereof,
 4   Interconnection Customer will be entitled to compensation for the capital expenses it incurred in
 5   connection with the Interconnection Facilities based upon the pro rata use of the Interconnection
 6   Facilities by Transmission Provider, all third party users, and Interconnection Customer, in
 7   accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon
 8   methodology. In addition, cost responsibility for ongoing costs, including operation and
 9   maintenance costs associated with the Interconnection Facilities, will be allocated between
10   Interconnection Customer and any third party users based upon the pro rata use of the
11   Interconnection Facilities by Transmission Provider, all third party users, and Interconnection
12   Customer, in accordance with Applicable Laws and Regulations or upon some other mutually
13   agreed upon methodology. If the issue of such compensation or allocation cannot be resolved
14   through such negotiations, it shall be submitted to FERC for resolution.
15
16       9.10        Disturbance Analysis Data Exchange. The Parties will cooperate with one
17   another in the analysis of disturbances to either the Large Generating Facility or Transmission
18   Provider's Transmission System by gathering and providing access to any information relating to
19   any disturbance, including information from oscillography, protective relay targets, breaker
20   operations and sequence of events records, and any disturbance information required by Good
21   Utility Practice.
22
23                                  ARTICLE 10. MAINTENANCE
24
25       10.1      Transmission Provider Obligations. Transmission Provider shall maintain
26   the Transmission System and Transmission Provider's Interconnection Facilities in a safe and
27   reliable manner and in accordance with this LGIA.
28
29       10.2        Interconnection Customer Obligations. Interconnection Customer shall
30   maintain the Large Generating Facility and Interconnection Customer's Interconnection Facilities
31   in a safe and reliable manner and in accordance with this LGIA.
32
33      10.3         Coordination. The Parties shall confer regularly to coordinate the planning,
34   scheduling and performance of preventive and corrective maintenance on the Large Generating
35   Facility and the Interconnection Facilities.
36
37       10.4       Secondary Systems. Each Party shall cooperate with the other in the
38   inspection, maintenance, and testing of control or power circuits that operate below 600 volts,


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                               Open Access Transmission Tariff
                                                                          Original Sheet No. 349

1    AC or DC, including, but not limited to, any hardware, control or protective devices, cables,
2    conductors, electric raceways, secondary equipment panels, transducers, batteries, chargers, and
3    voltage and current transformers that directly affect the operation of a Party's facilities and
4    equipment which may reasonably be expected to impact the other Party. Each Party shall provide
5    advance notice to the other Party before undertaking any work on such circuits, especially on
6    electrical circuits involving circuit breaker trip and close contacts, current transformers, or
7    potential transformers.
8
 9       10.5        Operating and Maintenance Expenses. Subject to the provisions herein
10   addressing the use of facilities by others, and except for operations and maintenance expenses
11   associated with modifications made for providing interconnection or transmission service to a
12   third party and such third party pays for such expenses, Interconnection Customer shall be
13   responsible for all reasonable expenses including overheads, associated with: (1) Owning,
14   operating, maintaining, repairing, and replacing Interconnection Customer's Interconnection
15   Facilities; and (2) operation, maintenance, repair and replacement of Transmission Provider's
16   Interconnection Facilities.
17
18                         ARTICLE 11. PERFORMANCE OBLIGATION
19
20       11.1      Interconnection Customer Interconnection Facilities. Interconnection
21   Customer shall design, procure, construct, install, own and/or control Interconnection Customer
22   Interconnection Facilities described in Appendix A, Interconnection Facilities, Network
23   Upgrades and Distribution Upgrades, at its sole expense.
24
25       11.2        Transmission Provider's Interconnection Facilities Transmission
26   Provider or Transmission Owner shall design, procure, construct, install, own and/or control the
27   Transmission Provider's Interconnection Facilities described in Appendix A, Interconnection
28   Facilities, Network Upgrades and Distribution Upgrades, at the sole expense of the
29   Interconnection Customer.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                         1st Revised Sheet No. 350

 1       11.3        Network Upgrades and Distribution Upgrades. Transmission Provider or
 2   Transmission Owner shall design, procure, construct, install, and own the Network Upgrades and
 3   Distribution Upgrades described in Appendix A, Interconnection Facilities, Network Upgrades
 4   and Distribution Upgrades. The Interconnection Customer shall be responsible for all costs
 5   related to Distribution Upgrades. Unless Transmission Provider or Transmission Owner elects to
 6   fund the capital for the Network Upgrades, they shall be solely funded by Interconnection
 7   Customer.
 8
 9   11.4   Transmission Credits.
10
11       11.4.1      Repayment of Amounts Advanced for Network Upgrades.
12   Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to
13   Transmission Provider and Affected System Operator, if any, for the Network Upgrades,
14   including any tax gross-up or other tax-related payments associated with Network Upgrades, and
15   not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be paid to
16   Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of
17   transmission charges, as payments are made under Transmission Provider's Tariff and Affected
18   System's Tariff for transmission services with respect to the Large Generating Facility. Any
19   repayment shall include interest calculated in accordance with the methodology set forth in
20   FERC's regulations at 18 CFR 35.19a(a)(2)(ii) from the date of any payment for Network
21   Upgrades through the date on which the Interconnection Customer receives a repayment of such
22   payment pursuant to this subparagraph. Interconnection Customer may assign such repayment
23   rights to any person.
24       Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and
25   Affected System Operator may adopt any alternative payment schedule that is mutually
26   agreeable so long as Transmission Provider and Affected System Operator take one of the
27   following actions no later than five years from the Commercial Operation Date: (1) Return to
28   Interconnection Customer any amounts advanced for Network Upgrades not previously repaid,
29   or (2) declare in writing that Transmission Provider or Affected System Operator will continue to
30   provide payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage
31   sensitive portion of transmission charges, or develop an alternative schedule that is mutually
32   agreeable and provides for the return of all amounts advanced for Network Upgrades not
33   previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from
34   the Commercial Operation Date.
35       If the Large Generating Facility fails to achieve commercial operation, but it or another
36   Generating Facility is later constructed and makes use of the Network Upgrades, Transmission
37   Provider and Affected System Operator shall at that time reimburse Interconnection Customer
38   for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur,
39   the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if
40   different, is responsible for identifying the entity to which reimbursement must be made.
41
42      11.4.2 Special Provisions for Affected Systems. Unless Transmission Provider provides,
43   under the LGIA, for the repayment of amounts advanced to Affected System Operator for


     Issued By: C. M. Mennes
     Issued:    February 11, 2005                            Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 351

1    Network Upgrades, Interconnection Customer and Affected System Operator shall enter into an
2    agreement that provides for such repayment. The agreement shall specify the terms governing
3    payments to be made by Interconnection Customer to the Affected System Operator as well as
4    the repayment by the Affected System Operator.
 5       11.4.3 Notwithstanding any other provision of this LGIA, nothing herein shall be construed
 6   as relinquishing or foreclosing any rights, including but not limited to firm transmission rights,
 7   capacity rights, transmission congestion rights, or transmission credits, that Interconnection
 8   Customer, shall be entitled to, now or in the future under any other agreement or tariff as a result
 9   of, or otherwise associated with, the transmission capacity, if any, created by the Network
10   Upgrades, including the right to obtain cash reimbursements or transmission credits for
11   transmission service that is not associated with the Large Generating Facility.
12
13       11.5        Provision of Security. At least thirty (30) Calendar Days prior to the
14   commencement of the procurement, installation, or construction of a discrete portion of a
15   Transmission Provider's Interconnection Facilities, Network Upgrades, or Distribution Upgrades,
16   Interconnection Customer shall provide Transmission Provider, at Interconnection Customer's
17   option, a guarantee, a surety bond, letter of credit or other form of security that is reasonably
18   acceptable to Transmission Provider and is consistent with the Uniform Commercial Code of the
19   jurisdiction identified in Article 14.2.1. Such security for payment shall be in an amount
20   sufficient to cover the costs for constructing, procuring and installing the applicable portion of
21   Transmission Provider's Interconnection Facilities, Network Upgrades, or Distribution Upgrades
22   and shall be reduced on a dollar-for-dollar basis for payments made to Transmission Provider for
23   these purposes.
24      In addition:
25       11.5.1 The guarantee must be made by an entity that meets the creditworthiness requirements
26   of Transmission Provider, and contain terms and conditions that guarantee payment of any
27   amount that may be due from Interconnection Customer, up to an agreed-to maximum amount.
28      11.5.2 The letter of credit must be issued by a financial institution reasonably acceptable to
29   Transmission Provider and must specify a reasonable expiration date.
30      11.5.3 The surety bond must be issued by an insurer reasonably acceptable to Transmission
31   Provider and must specify a reasonable expiration date.
32
33       11.6        Interconnection Customer Compensation. If Transmission Provider
34   requests or directs Interconnection Customer to provide a service pursuant to Articles 9.6.3
35   (Payment for Reactive Power), or 13.5.1 of this LGIA, Transmission Provider shall compensate
36   Interconnection Customer in accordance with Interconnection Customer's applicable rate
37   schedule then in effect unless the provision of such service(s) is subject to an RTO or ISO

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 352

1    FERC-approved rate schedule. Interconnection Customer shall serve Transmission Provider or
2    RTO or ISO with any filing of a proposed rate schedule at the time of such filing with FERC. To
3    the extent that no rate schedule is in effect at the time the Interconnection Customer is required
4    to provide or absorb any Reactive Power under this LGIA, Transmission Provider agrees to
5    compensate Interconnection Customer in such amount as would have been due Interconnection
6    Customer had the rate schedule been in effect at the time service commenced; provided,
7    however, that such rate schedule must be filed at FERC or other appropriate Governmental
8    Authority within sixty (60) Calendar Days of the commencement of service.
9
10       11.6.1    Interconnection Customer Compensation for Actions During
11   Emergency Condition. Transmission Provider or RTO or ISO shall compensate
12   Interconnection Customer for its provision of real and reactive power and other Emergency
13   Condition services that Interconnection Customer provides to support the Transmission System
14   during an Emergency Condition in accordance with Article 11.6.
15
16                                      ARTICLE 12. INVOICE
17
18       12.1       General. Each Party shall submit to the other Party, on a monthly basis, invoices
19   of amounts due for the preceding month. Each invoice shall state the month to which the invoice
20   applies and fully describe the services and equipment provided. The Parties may discharge
21   mutual debts and payment obligations due and owing to each other on the same date through
22   netting, in which case all amounts a Party owes to the other Party under this LGIA, including
23   interest payments or credits, shall be netted so that only the net amount remaining due shall be
24   paid by the owing Party.
25
26       12.2        Final Invoice. Within six months after completion of the construction of
27   Transmission Provider's Interconnection Facilities and the Network Upgrades, Transmission
28   Provider shall provide an invoice of the final cost of the construction of Transmission Provider's
29   Interconnection Facilities and the Network Upgrades and shall set forth such costs in sufficient
30   detail to enable Interconnection Customer to compare the actual costs with the estimates and to
31   ascertain deviations, if any, from the cost estimates. Transmission Provider shall refund to
32   Interconnection Customer any amount by which the actual payment by Interconnection
33   Customer for estimated costs exceeds the actual costs of construction within thirty (30) Calendar
34   Days of the issuance of such final construction invoice.
35
36       12.3       Payment. Invoices shall be rendered to the paying Party at the address specified
37   in Appendix F. The Party receiving the invoice shall pay the invoice within thirty (30) Calendar
38   Days of receipt. All payments shall be made in immediately available funds payable to the other
39   Party, or by wire transfer to a bank named and account designated by the invoicing Party.

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                Open Access Transmission Tariff
                                                                           Original Sheet No. 353

1    Payment of invoices by either Party will not constitute a waiver of any rights or claims either
2    Party may have under this LGIA.
3
 4       12.4       Disputes. In the event of a billing dispute between Transmission Provider and
 5   Interconnection Customer, Transmission Provider shall continue to provide Interconnection
 6   Service under this LGIA as long as Interconnection Customer: (i) Continues to make all
 7   payments not in dispute; and (ii) pays to Transmission Provider or into an independent escrow
 8   account the portion of the invoice in dispute, pending resolution of such dispute. If
 9   Interconnection Customer fails to meet these two requirements for continuation of service, then
10   Transmission Provider may provide notice to Interconnection Customer of a Default pursuant to
11   Article 17. Within thirty (30) Calendar Days after the resolution of the dispute, the Party that
12   owes money to the other Party shall pay the amount due with interest calculated in accord with
13   the methodology set forth in FERC's regulations at 18 CFR 35.19a(a)(2)(ii).
14
15                                   ARTICLE 13. EMERGENCIES
16
17       13.1          Definition. "Emergency Condition" shall mean a condition or situation: (i) That
18   in the judgment of the Party making the claim is imminently likely to endanger life or property;
19   or (ii) that, in the case of Transmission Provider, is imminently likely (as determined in a non-
20   discriminatory manner) to cause a material adverse effect on the security of, or damage to the
21   Transmission System, Transmission Provider's Interconnection Facilities or the Transmission
22   Systems of others to which the Transmission System is directly connected; or (iii) that, in the
23   case of Interconnection Customer, is imminently likely (as determined in a non-discriminatory
24   manner) to cause a material adverse effect on the security of, or damage to, the Large Generating
25   Facility or Interconnection Customer's Interconnection Facilities' System restoration and black
26   start shall be considered Emergency Conditions; provided, that Interconnection Customer is not
27   obligated by this LGIA to possess black start capability.
28
29       13.2       Obligations. Each Party shall comply with the Emergency Condition procedures
30   of the applicable ISO/RTO, NERC, the Applicable Reliability Council, Applicable Laws and
31   Regulations, and any emergency procedures agreed to by the Joint Operating Committee.
32
33       13.3      Notice. Transmission Provider shall notify Interconnection Customer promptly
34   when it becomes aware of an Emergency Condition that affects Transmission Provider's
35   Interconnection Facilities or the Transmission System that may reasonably be expected to affect
36   Interconnection Customer's operation of the Large Generating Facility or Interconnection
37   Customer's Interconnection Facilities. Interconnection Customer shall notify Transmission
38   Provider promptly when it becomes aware of an Emergency Condition that affects the Large
39   Generating Facility or Interconnection Customer's Interconnection Facilities that may reasonably

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 354

1    be expected to affect the Transmission System or Transmission Provider's Interconnection
2    Facilities. To the extent information is known, the notification shall describe the Emergency
3    Condition, the extent of the damage or deficiency, the expected effect on the operation of
4    Interconnection Customer's or Transmission Provider's facilities and operations, its anticipated
5    duration and the corrective action taken and/or to be taken. The initial notice shall be followed as
6    soon as practicable with written notice.
7
 8       13.4       Immediate Action. Unless, in Interconnection Customer's reasonable judgment,
 9   immediate action is required, Interconnection Customer shall obtain the consent of Transmission
10   Provider, such consent to not be unreasonably withheld, prior to performing any manual
11   switching operations at the Large Generating Facility or Interconnection Customer's
12   Interconnection Facilities in response to an Emergency Condition either declared by
13   Transmission Provider or otherwise regarding the Transmission System.
14
15   13.5   Transmission Provider Authority.
16
17       13.5.1        General. Transmission Provider may take whatever actions or inactions with
18   regard to the Transmission System or Transmission Provider's Interconnection Facilities it deems
19   necessary during an Emergency Condition in order to (i) preserve public health and safety, (ii)
20   preserve the reliability of the Transmission System or Transmission Provider's Interconnection
21   Facilities, (iii) limit or prevent damage, and (iv) expedite restoration of service. Transmission
22   Provider shall use Reasonable Efforts to minimize the effect of such actions or inactions on the
23   Large Generating Facility or Interconnection Customer's Interconnection Facilities. Transmission
24   Provider may, on the basis of technical considerations, require the Large Generating Facility to
25   mitigate an Emergency Condition by taking actions necessary and limited in scope to remedy the
26   Emergency Condition, including, but not limited to, directing Interconnection Customer to shut-
27   down, start-up, increase or decrease the real or reactive power output of the Large Generating
28   Facility; implementing a reduction or disconnection pursuant to Article 13.5.2; directing
29   Interconnection Customer to assist with blackstart (if available) or restoration efforts; or altering
30   the outage schedules of the Large Generating Facility and Interconnection Customer's
31   Interconnection Facilities. Interconnection Customer shall comply with all of Transmission
32   Provider's operating instructions concerning Large Generating Facility real power and reactive
33   power output within the manufacturer's design limitations of the Large Generating Facility's
34   equipment that is in service and physically available for operation at the time, in compliance with
35   Applicable Laws and Regulations.
36
37       13.5.2    Reduction and Disconnection. Transmission Provider may reduce
38   Interconnection Service or disconnect the Large Generating Facility or Interconnection
39   Customer's Interconnection Facilities, when such, reduction or disconnection is necessary under


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 355

 1   Good Utility Practice due to Emergency Conditions. These rights are separate and distinct from
 2   any right of curtailment of Transmission Provider pursuant to Transmission Provider's Tariff.
 3   When Transmission Provider can schedule the reduction or disconnection in advance,
 4   Transmission Provider shall notify Interconnection Customer of the reasons, timing and expected
 5   duration of the reduction or disconnection. Transmission Provider shall coordinate with
 6   Interconnection Customer using Good Utility Practice to schedule the reduction or disconnection
 7   during periods of least impact to Interconnection Customer and Transmission Provider. Any
 8   reduction or disconnection shall continue only for so long as reasonably necessary under Good
 9   Utility Practice. The Parties shall cooperate with each other to restore the Large Generating
10   Facility, the Interconnection Facilities, and the Transmission System to their normal operating
11   state as soon as practicable consistent with Good Utility Practice.
12
13       13.6          Interconnection Customer Authority. Consistent with Good Utility Practice
14   and the LGIA and the LGIP, Interconnection Customer may take actions or inactions with regard
15   to the Large Generating Facility or Interconnection Customer's Interconnection Facilities during
16   an Emergency Condition in order to (i) preserve public health and safety, (ii) preserve the
17   reliability of the Large Generating Facility or Interconnection Customer's Interconnection
18   Facilities, (iii) limit or prevent damage, and (iv) expedite restoration of service. Interconnection
19   Customer shall use Reasonable Efforts to minimize the effect of such actions or inactions on the
20   Transmission System and Transmission Provider's Interconnection Facilities. Transmission
21   Provider shall use Reasonable Efforts to assist Interconnection Customer in such actions.
22
23       13.7       Limited Liability. Except as otherwise provided in Article 11.6.1 of this LGIA,
24   neither Party shall be liable to the other for any action it takes in responding to an Emergency
25   Condition so long as such action is made in good faith and is consistent with Good Utility
26   Practice.
27
28          ARTICLE 14. REGULATORY REQUIREMENTS AND GOVERNING LAW
29
30       14.1         Regulatory Requirements. Each Party's obligations under this LGIA shall be
31   subject to its receipt of any required approval or certificate from one or more Governmental
32   Authorities in the form and substance satisfactory to the applying Party, or the Party making any
33   required filings with, or providing notice to, such Governmental Authorities, and the expiration
34   of any time period associated therewith. Each Party shall in good faith seek and use its
35   Reasonable Efforts to obtain such other approvals. Nothing in this LGIA shall require
36   Interconnection Customer to take any action that could result in its inability to obtain, or its loss
37   of, status or exemption under the Federal Power Act, the Public Utility Holding Company Act of
38   1935, as amended, or the Public Utility Regulatory Policies Act of 1978.
39


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 356

1    14.2   Governing Law.
2
3        14.2.1 The validity, interpretation and performance of this LGIA and each of its provisions
4    shall be governed by the laws of the state where the Point of Interconnection is located, without
5    regard to its conflicts of law principles.
6       14.2.2 This LGIA is subject to all Applicable Laws and Regulations.
 7      14.2.3 Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest
 8   any laws, orders, rules, or regulations of a Governmental Authority.
 9
10                                       ARTICLE 15. NOTICES
11
12       15.1        General. Unless otherwise provided in this LGIA, any notice, demand or request
13   required or permitted to be given by either Party to the other and any instrument required or
14   permitted to be tendered or delivered by either Party in writing to the other shall be effective
15   when delivered and may be so given, tendered or delivered, by recognized national courier, or by
16   depositing the same with the United States Postal Service with postage prepaid, for delivery by
17   certified or registered mail, addressed to the Party, or personally delivered to the Party, at the
18   address set out in Appendix F, Addresses for Delivery of Notices and Billings. Either Party may
19   change the notice information in this LGIA by giving five (5) Business Days written notice prior
20   to the effective date of the change.
21
22
23       15.2       Billings and Payments. Billings and payments shall be sent to the addresses
24   set out in Appendix F.
25
26       15.3       Alternative Forms of Notice. Any notice or request required or permitted to
27   be given by a Party to the other and not required by this Agreement to be given in writing may be
28   so given by telephone, facsimile or email to the telephone numbers and email addresses set out in
29   Appendix F.
30
31       15.4        Operations and Maintenance Notice. Each Party shall notify the other Party
32   in writing of the identity of the person(s) that it designates as the point(s) of contact with respect
33   to the implementation of Articles 9 and 10.
34
35                                  ARTICLE 16. FORCE MAJEURE
36
37   16.1 Force Majeure


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 357

1       16.1.1 Economic hardship is not considered a Force Majeure event.
 2       16.1.2 Neither Party shall be considered to be in Default with respect to any obligation
 3   hereunder, (including obligations under Article 4), other than the obligation to pay money when
 4   due, if prevented from fulfilling such obligation by Force Majeure. A Party unable to fulfill any
 5   obligation hereunder (other than an obligation to pay money when due) by reason of Force
 6   Majeure shall give notice and the full particulars of such Force Majeure to the other Party in
 7   writing or by telephone as soon as reasonably possible after the occurrence of the cause relied
 8   upon. Telephone notices given pursuant to this article shall be confirmed in writing as soon as
 9   reasonably possible and shall specifically state full particulars of the Force Majeure, the time and
10   date when the Force Majeure occurred and when the Force Majeure is reasonably expected to
11   cease. The Party affected shall exercise due diligence to remove such disability with reasonable
12   dispatch, but shall not be required to accede or agree to any provision not satisfactory to it in
13   order to settle and terminate a strike or other labor disturbance.
14
15                                      ARTICLE 17. DEFAULT
16
17   17.1   Default
18
19       17.1.1      General. No Default shall exist where such failure to discharge an obligation
20   (other than the payment of money) is the result of Force Majeure as defined in this LGIA or the
21   result of an act of omission of the other Party. Upon a Breach, the non-breaching Party shall give
22   written notice of such Breach to the breaching Party. Except as provided in Article 17.1.2, the
23   breaching Party shall have thirty (30) Calendar Days from receipt of the Default notice within
24   which to cure such Breach; provided however, if such Breach is not capable of cure within thirty
25   (30) Calendar Days, the breaching Party shall commence such cure within thirty (30) Calendar
26   Days after notice and continuously and diligently complete such cure within ninety (90)
27   Calendar Days from receipt of the Default notice; and, if cured within such time, the Breach
28   specified in such notice shall cease to exist.
29
30      17.1.2      Right to Terminate. If a Breach is not cured as provided in this article, or if a
31   Breach is not capable of being cured within the period provided for herein, the non-breaching




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 358

1    Party shall have the right to declare a Default and terminate this LGIA by written notice at any
2    time until cure occurs, and be relieved of any further obligation hereunder and, whether or not
3    that Party terminates this LGIA, to recover from the breaching Party all amounts due hereunder,
4    plus all other damages and remedies to which it is entitled at law or in equity. The provisions of
5    this article will survive termination of this LGIA.
6
7        ARTICLE 18. INDEMNITY, CONSEQUENTIAL DAMAGES AND INSURANCE
8
 9       18.1        Indemnity. The Parties shall at all times indemnify, defend, and hold the other
10   Party harmless from, any and all damages, losses, claims, including claims and actions relating to
11   injury to or death of any person or damage to property, demand, suits, recoveries, costs and
12   expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of
13   or resulting from the other Party's action or inactions of its obligations under this LGIA on behalf
14   of the Indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the
15   Indemnified Party.
16
17       18.1.1     Indemnified Person. If an Indemnified Person is entitled to indemnification
18   under this Article 18 as a result of a claim by a third party, and the indemnifying Party fails, after
19   notice and reasonable opportunity to proceed under Article 18.1, to assume the defense of such
20   claim, such Indemnified Person may at the expense of the indemnifying Party contest, settle or
21   consent to the entry of any judgment with respect to, or pay in full, such claim.
22
23       18.1.2     Indemnifying Party. If an Indemnifying Party is obligated to indemnify and
24   hold any Indemnified Person harmless under this Article 18, the amount owing to the
25   Indemnified Person shall be the amount of such Indemnified Person's actual Loss, net of any
26   insurance or other recovery.
27
28       18.1.3      Indemnity Procedures. Promptly after receipt by an Indemnified Person of
29   any claim or notice of the commencement of any action or administrative or legal proceeding or
30   investigation as to which the indemnity provided for in Article 18.1 may apply, the Indemnified
31   Person shall notify the Indemnifying Party of such fact. Any failure of or delay in such
32   notification shall not affect a Party's indemnification obligation unless such failure or delay is
33   materially prejudicial to the indemnifying Party.
34       The Indemnifying Party shall have the right to assume the defense thereof with counsel
35   designated by such Indemnifying Party and reasonably satisfactory to the Indemnified Person. If
36   the defendants in any such action include one or more Indemnified Persons and the Indemnifying
37   Party and if the Indemnified Person reasonably concludes that there may be legal defenses




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 359

1    available to it and/or other Indemnified Persons which are different from or additional to those
2    available to the Indemnifying Party, the Indemnified Person shall have the right to select separate
3    counsel to assert such legal defenses and to otherwise participate in the defense of such action on
4    its own behalf. In such instances, the Indemnifying Party shall only be required to pay the fees
5    and expenses of one additional attorney to represent an Indemnified Person or Indemnified
6    Persons having such differing or additional legal defenses.
7        The Indemnified Person shall be entitled, at its expense, to participate in any such action, suit
8    or proceeding, the defense of which has been assumed by the Indemnifying Party.
 9       Notwithstanding the foregoing, the Indemnifying Party (i) shall not be entitled to assume and
10   control the defense of any such action, suit or proceedings if and to the extent that, in the opinion
11   of the Indemnified Person and its counsel, such action, suit or proceeding involves the potential
12   imposition of criminal liability on the Indemnified Person, or there exists a conflict or adversity
13   of interest between the Indemnified Person and the Indemnifying Party, in such event the
14   Indemnifying Party shall pay the reasonable expenses of the Indemnified Person, and (ii) shall
15   not settle or consent to the entry of any judgment in any action, suit or proceeding without the
16   consent of the Indemnified Person, which shall not be reasonably withheld, conditioned or
17   delayed.
18
19       18.2         Consequential Damages. Other than the Liquidated Damages heretofore
20   described, in no event shall either Party be liable under any provision of this LGIA for any
21   losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive
22   damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost
23   of capital, cost of temporary equipment or services, whether based in whole or in part in contract,
24   in tort, including negligence, strict liability, or any other theory of liability; provided, however,
25   that damages for which a Party may be liable to the other Party under another agreement will not
26   be considered to be special, indirect, incidental, or consequential damages hereunder.
27
28        18.3       Insurance. Each party shall, at its own expense, maintain in force throughout
29   the period of this LGIA, and until released by the other Party, the following minimum insurance
30   coverages, with insurers authorized to do business in the state where the Point of Interconnection
31   is located:
32       18.3.1 Employers' Liability and Workers' Compensation Insurance providing statutory
33   benefits in accordance with the laws and regulations of the state in which the Point of
34   Interconnection is located.
35       18.3.2 Commercial General Liability Insurance including premises and operations, personal
36   injury, broad form property damage, broad form blanket contractual liability coverage (including
37   coverage for the contractual indemnification) products and completed operations coverage,


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 360

1    coverage for explosion, collapse and underground hazards, independent contractors coverage,
2    coverage for pollution to the extent normally available and punitive damages to the extent
3    normally available and a cross liability endorsement, with minimum limits of One Million
4    Dollars ($ 1,000,000) per occurrence/One Million Dollars ($ 1,000,000) aggregate combined
5    single limit for personal injury, bodily injury, including death and property damage.
6        18.3.3 Comprehensive Automobile Liability Insurance for coverage of owned and non-
7    owned and hired vehicles, trailers or semi-trailers designed for travel on public roads, with a
8    minimum, combined single limit of One Million Dollars ($ 1,000,000) per occurrence for bodily
9    injury, including death, and property damage.
10      18.3.4 Excess Public Liability Insurance over and above the Employers' Liability
11   Commercial General Liability and Comprehensive Automobile Liability Insurance coverage,
12   with a minimum combined single limit of Twenty Million Dollars ($ 20,000,000) per
13   occurrence/Twenty Million Dollars ($ 20,000,000) aggregate.
14       18.3.5 The Commercial General Liability Insurance, Comprehensive Automobile Insurance
15   and Excess Public Liability Insurance policies shall name the other Party, its parent, associated
16   and Affiliate companies and their respective directors, officers, agents, servants and employees
17   ("Other Party Group") as additional insured. All policies shall contain provisions whereby the
18   insurers waive all rights of subrogation in accordance with the provisions of this LGIA against
19   the Other Party Group and provide thirty (30) Calendar Days advance written notice to the Other
20   Party Group prior to anniversary date of cancellation or any material change in coverage or
21   condition.
22       18.3.6 The Commercial General Liability Insurance, Comprehensive Automobile Liability
23   Insurance and Excess Public Liability Insurance policies shall contain provisions that specify that
24   the policies are primary and shall apply to such extent without consideration for other policies
25   separately carried and shall state that each insured is provided coverage as though a separate
26   policy had been issues to each, except the insurer's liability shall not be increased beyond the
27   amount for which the insurer would have been liable had only one insured been covered. Each
28   Party shall be responsible for its respective deductibles or retentions.
29       18.3.7 The Commercial General Liability Insurance, Comprehensive Automobile Liability
30   Insurance and Excess Public Liability Insurance policies, if written on a Claims First Made
31   Basis, shall be maintained in full force and effect for two (2) years after termination of this
32   LGIA, which coverage may be in the form of tail coverage or extended reporting period
33   coverage if agreed by the Parties.
34       18.3.8 The requirements contained herein as to the types and limits of all insurance to be
35   maintained by the Parties are not intended to and shall not in any manner, limit or qualify the
36   liabilities and obligations assumed by the Parties under this LGIA.
37       18.3.9 Within ten (10) days following execution of this LGIA, and as soon as practicable
38   after the end of each fiscal year or at the renewal of the insurance policy and in any event within



     Issued By: C. M. Mennes
     Issued:    February 11, 2005                             Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                   Open Access Transmission Tariff
                                                                            1st Revised Sheet No. 361

1    ninety (90) days thereafter, each Party shall provide certification of all insurance required in this
2    LGIA, executed by each insurer or by an authorized representative of each insurer.
 3        18.3.10 Notwithstanding the foregoing, each Party may self-insure to meet the minimum
 4   insurance requirements of Articles 18.3.2 through 18.3.8 to the extent it maintains a self-
 5   insurance program; provided that, such Party's senior secured debt is rated at investment grade or
 6   better by Standard & Poor's and that its self-insurance program meets the minimum insurance
 7   requirements of Articles 18.3.2 through 18.3.8. For any period of time that a Party's senior
 8   secured debt is unrated by Standard & Poor's or is rated at less than investment grade by
 9   Standard & Poor's, such Party shall comply with the insurance requirements applicable to it
10   under Articles 18.3.2 through 18.3.9. In the event that a Party is permitted to self-insure pursuant
11   to this article, it shall notify the other Party that it meets the requirements to self-insure and that
12   its self-insurance program meets the minimum insurance requirements in a manner consistent
13   with that specified in Article 18.3.9.
14       18.3.11 The Parties agree to report to each other in writing as soon as practical all accidents
15   or occurrences resulting in injuries to any person, including death, and any property damage
16   arising out of this LGIA.
17
18                                     ARTICLE 19. ASSIGNMENT
19
20   19.1 Assignment
21       This LGIA may be assigned by either Party only with the written consent of the other;
22   provided that either Party may assign this LGIA without the consent of the other Party to any
23   Affiliate of the assigning Party with an equal or greater credit rating and with the legal authority
24   and operational ability to satisfy the obligations of the assigning Party under this LGIA; and
25   provided further that Interconnection Customer shall have the right to assign this LGIA, without
26   the consent of Transmission Provider, for collateral security purposes to aid in providing
27   financing for the Large Generating Facility, provided that Interconnection Customer will
28   promptly notify Transmission Provider of any such assignment. Any financing arrangement
29   entered into by Interconnection Customer pursuant to this article will provide that prior to or
30   upon the exercise of the secured Party's, trustee's or mortgagee's assignment rights pursuant to
31   said arrangement, the secured creditor, the trustee or mortgagee will notify Transmission
32   Provider of the date and particulars of any such exercise of assignment right(s), including
33   providing the Transmission Provider with proof that it meets the requirements of Articles 11.5
34   and 18.3. Any attempted assignment that violates this article is void and ineffective. Any
35   assignment under this LGIA shall not relieve a Party of its obligations, nor shall a Party's
36   obligations be enlarged, in whole or in part, by reason thereof. Where required, consent to
37   assignment will not be unreasonably withheld, conditioned or delayed.
38
39                                    ARTICLE 20. SEVERABILITY




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                               Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 362

1
2    20.1 Severability
 3       If any provision in this LGIA is finally determined to be invalid, void or unenforceable by
 4   any court or other Governmental Authority having jurisdiction, such determination shall not
 5   invalidate, void or make unenforceable any other provision, agreement or covenant of this LGIA;
 6   provided that if Interconnection Customer (or any third party, but only if such third party is not
 7   acting at the direction of Transmission Provider) seeks and obtains such a final determination
 8   with respect to any provision of the Alternate Option (Article 5.1.2), or the Negotiated Option
 9   (Article 5.1.4), then none of these provisions shall thereafter have any force or effect and the
10   Parties' rights and obligations shall be governed solely by the Standard Option (Article 5.1.1).
11
12                                  ARTICLE 21. COMPARABILITY
13
14   21.1 Comparability
15      The Parties will comply with all applicable comparability and code of conduct laws, rules
16   and regulations, as amended from time to time.
17
18                                 ARTICLE 22. CONFIDENTIALITY
19
20       22.1        Confidentiality. Confidential Information shall include, without limitation, all
21   information relating to a Party's technology, research and development, business affairs, and
22   pricing, and any information supplied by either of the Parties to the other prior to the execution
23   of this LGIA. Information is Confidential Information only if it is clearly designated or marked
24   in writing as confidential on the face of the document, or, if the information is conveyed orally or
25   by inspection, if the Party providing the information orally informs the Party receiving the
26   information that the information is confidential. If requested by either Party, the other Party shall
27   provide in writing, the basis for asserting that the information referred to in this Article 22
28   warrants confidential treatment, and the requesting Party may disclose such writing to the
29   appropriate Governmental Authority. Each Party shall be responsible for the costs associated
30   with affording confidential treatment to its information.
31
32
33       22.1.1      Term. During the term of this LGIA, and for a period of three (3) years after the
34   expiration or termination of this LGIA, except as otherwise provided in this Article 22, each
35   Party shall hold in confidence and shall not disclose to any person Confidential Information.
36
37       22.1.2    Scope. Confidential Information shall not include information that the receiving
38   Party can demonstrate: (1) Is generally available to the public other than as a result of a


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 363

 1   disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a
 2   non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the
 3   receiving Party without restriction by a third party, who, to the knowledge of the receiving Party
 4   after due inquiry, was under no obligation to the disclosing Party to keep such information
 5   confidential; (4) was independently developed by the receiving Party without reference to
 6   Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no
 7   wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in
 8   accordance with Article 22.1.7 of the LGIA, Order of Disclosure, to be disclosed by any
 9   Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is
10   necessary in any legal proceeding establishing rights and obligations under this LGIA.
11   Information designated as Confidential Information will no longer be deemed confidential if the
12   Party that designated the information as confidential notifies the other Party that it no longer is
13   confidential.
14
15       22.1.3     Release of Confidential Information. Neither Party shall release or disclose
16   Confidential Information to any other person, except to its Affiliates (limited by the Standards of
17   Conduct requirements), subcontractors, employees, consultants, or to parties who may be or
18   considering providing financing to or equity participation with Interconnection Customer, or to
19   potential purchasers or assignees of Interconnection Customer, on a need-to-know basis in
20   connection with this LGIA, unless such person has first been advised of the confidentiality
21   provisions of this Article 22 and has agreed to comply with such provisions. Notwithstanding the
22   foregoing, a Party providing Confidential Information to any person shall remain primarily
23   responsible for any release of Confidential Information in contravention of this Article 22.
24
25       22.1.4     Rights. Each Party retains all rights, title, and interest in the Confidential
26   Information that each Party discloses to the other Party. The disclosure by each Party to the other
27   Party of Confidential Information shall not be deemed a waiver by either Party or any other
28   person or entity of the right to protect the Confidential Information from public disclosure.
29
30      22.1.5      No Warranties. By providing Confidential Information, neither Party makes
31   any warranties or representations as to its accuracy or completeness. In addition, by supplying
32   Confidential Information, neither Party obligates itself to provide any particular information or
33   Confidential Information to the other Party nor to enter into any further agreements or proceed
34   with any other relationship or joint venture.
35
36       22.1.6    Standard of Care. Each Party shall use at least the same standard of care to
37   protect Confidential Information it receives as it uses to protect its own Confidential Information
38   from unauthorized disclosure, publication or dissemination. Each Party may use Confidential


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 364

1    Information solely to fulfill its obligations to the other Party under this LGIA or its regulatory
2    requirements.
3
4        22.1.7      Order of Disclosure. If a court or a Government Authority or entity with the
5    right, power, and apparent authority to do so requests or requires either Party, by subpoena, oral
6    deposition, interrogatories, requests for production of documents, administrative order, or
7    otherwise, to disclose Confidential Information, that Party shall provide the other Party with
8    prompt notice of such request(s) or requirement(s) so that the other Party may seek an
9    appropriate protective order or waive compliance with the terms of this LGIA.
10       Notwithstanding the absence of a protective order or waiver, the Party may disclose such
11   Confidential Information which, in the opinion of its counsel, the Party is legally compelled to
12   disclose. Each Party will use Reasonable Efforts to obtain reliable assurance that confidential
13   treatment will be accorded any Confidential Information so furnished.
14
15       22.1.8      Termination of Agreement. Upon termination of this LGIA for any reason,
16   each Party shall, within ten (10) Calendar Days of receipt of a written request from the other
17   Party, use Reasonable Efforts to destroy, erase, or delete (with such destruction, erasure, and
18   deletion certified in writing to the other Party) or return to the other Party, without retaining
19   copies thereof, any and all written or electronic Confidential Information received from the other
20   Party.
21
22       22.1.9      Remedies. The Parties agree that monetary damages would be inadequate to
23   compensate a Party for the other Party's Breach of its obligations under this Article 22. Each
24   Party accordingly agrees that the other Party shall be entitled to equitable relief, by way of
25   injunction or otherwise, if the first Party Breaches or threatens to Breach its obligations under
26   this Article 22, which equitable relief shall be granted without bond or proof of damages, and the
27   receiving Party shall not plead in defense that there would be an adequate remedy at law. Such
28   remedy shall not be deemed an exclusive remedy for the Breach of this Article 22, but shall be in
29   addition to all other remedies available at law or in equity. The Parties further acknowledge and
30   agree that the covenants contained herein are necessary for the protection of legitimate business
31   interests and are reasonable in scope. No Party, however, shall be liable for indirect, incidental,
32   or consequential or punitive damages of any nature or kind resulting from or arising in
33   connection with this Article 22.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                          1st Revised Sheet No. 365

 1       22.1.10 Disclosure to FERC or its Staff. Notwithstanding anything in this Article 22
 2   to the contrary, and pursuant to 18 CFR 1b.20, if FERC or its staff, during the course of an
 3   investigation or otherwise, requests information from one of the Parties that is otherwise required
 4   to be maintained in confidence pursuant to this LGIA, the Party shall provide the requested
 5   information to FERC or its staff, within the time provided for in the request for information. In
 6   providing the information to FERC or its staff, the Party must, consistent with 18 CFR 388.112,
 7   request that the information be treated as confidential and non-public by FERC and its staff and
 8   that the information be withheld from public disclosure. Parties are prohibited from notifying the
 9   other Party to this LGIA prior to the release of the Confidential Information to FERC or its staff.
10   The Party shall notify the other Party to the LGIA when it is notified by FERC or its staff that a
11   request to release Confidential Information has been received by FERC, at which time either of
12   the Parties may respond before such information would be made public, pursuant to 18 CFR
13   388.112. Requests from a state regulatory body conducting a confidential investigation shall be
14   treated in a similar manner, if consistent with the applicable state rules and regulations.
15       22.1.11 Subject to the exception in Article 22.1.10, any information that a Party claims is
16   competitively sensitive, commercial or financial information under this LGIA ("Confidential
17   Information") shall not be disclosed by the other Party to any person not employed or retained by
18   the other Party, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by
19   the disclosing Party to be required to be disclosed in connection with a dispute between or
20   among the Parties, or the defense of litigation or dispute; (iii) otherwise permitted by consent of
21   the other Party, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its
22   obligations under this LGIA or as a transmission service provider or a Control Area operator
23   including disclosing the Confidential Information to an RTO or ISO or to a regional or national
24   reliability organization. The Party asserting confidentiality shall notify the other Party in writing
25   of the information it claims is confidential. Prior to any disclosures of the other Party's
26   Confidential Information under this subparagraph, or if any third party or Governmental
27   Authority makes any request or demand for any of the information described in this
28   subparagraph, the disclosing Party agrees to promptly notify the other Party in writing and agrees
29   to assert confidentiality and cooperate with the other Party in seeking to protect the Confidential
30   Information from public disclosure by confidentiality agreement, protective order or other
31   reasonable measures.
32
33                          ARTICLE 23. ENVIRONMENTAL RELEASES
34
35   23.1
36       Each Party shall notify the other Party, first orally and then in writing, of the release of any
37   Hazardous Substances, any asbestos or lead abatement activities, or any type of remediation
38   activities related to the Large Generating Facility or the Interconnection Facilities, each of which
39   may reasonably be expected to affect the other Party. The notifying Party shall: (i) Provide the




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 366

1    notice as soon as practicable, provided such Party makes a good faith effort to provide the notice
2    no later than twenty-four hours after such Party becomes aware of the occurrence; and (ii)
3    promptly furnish to the other Party copies of any publicly available reports filed with any
4    Governmental Authorities addressing such events.
5
6                         ARTICLE 24. INFORMATION REQUIREMENTS
7
 8       24.1        Information Acquisition. Transmission Provider and Interconnection
 9   Customer shall submit specific information regarding the electrical characteristics of their
10   respective facilities to each other as described below and in accordance with Applicable
11   Reliability Standards.
12
13       24.2         Information Submission by Transmission Provider. The initial
14   information submission by Transmission Provider shall occur no later than one hundred eighty
15   (180) Calendar Days prior to Trial Operation and shall include Transmission System information
16   necessary to allow Interconnection Customer to select equipment and meet any system protection
17   and stability requirements, unless otherwise agreed to by the Parties. On a monthly basis
18   Transmission Provider shall provide Interconnection Customer a status report on the construction
19   and installation of Transmission Provider's Interconnection Facilities and Network Upgrades,
20   including, but not limited to, the following information: (1) Progress to date; (2) a description of
21   the activities since the last report" (3) a description of the action items for the next period; and
22   (4) the delivery status of equipment ordered.
23
24       24.3        Updated Information Submission by Interconnection Customer. The
25   updated information submission by Interconnection Customer, including manufacturer
26   information, shall occur no later than one hundred eighty (180) Calendar Days prior to the Trial
27   Operation. Interconnection Customer shall submit a completed copy of the Large Generating
28   Facility data requirements contained in Appendix 1 to the LGIP. It shall also include any
29   additional information provided to Transmission Provider for the Feasibility and Facilities Study.
30   Information in this submission shall be the most current Large Generating Facility design or
31   expected performance data. Information submitted for stability models shall be compatible with
32   Transmission Provider standard models. If there is no compatible model, Interconnection
33   Customer will work with a consultant mutually agreed to by the Parties to develop and supply a
34   standard model and associated information. If Interconnection Customer's data is materially
35   different from what was originally provided to Transmission Provider pursuant to the
36   Interconnection Study Agreement between Transmission Provider and Interconnection
37   Customer, then Transmission Provider will conduct appropriate studies to determine the impact
38   on Transmission Provider Transmission System based on the actual data submitted pursuant to


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 367

1    this Article 24.3. The Interconnection Customer shall not begin Trial Operation until such studies
2    are completed.
3
 4       24.4        Information Supplementation. Prior to the Operation Date, the Parties shall
 5   supplement their information submissions described above in this Article 24 with any and all
 6   "as-built" Large Generating Facility information or "as-tested" performance information that
 7   differs from the initial submissions or, alternatively, written confirmation that no such
 8   differences exist. The Interconnection Customer shall conduct tests on the Large Generating
 9   Facility as required by Good Utility Practice such as an open circuit "step voltage" test on the
10   Large Generating Facility to verify proper operation of the Large Generating Facility's automatic
11   voltage regulator.
12       Unless otherwise agreed, the test conditions shall include: (1) Large Generating Facility at
13   synchronous speed; (2) automatic voltage regulator on and in voltage control mode; and (3) a
14   five percent change in Large Generating Facility terminal voltage initiated by a change in the
15   voltage regulators reference voltage. Interconnection Customer shall provide validated test
16   recordings showing the responses of Large Generating Facility terminal and field voltages. In the
17   event that direct recordings of these voltages is impractical, recordings of other voltages or
18   currents that mirror the response of the Large Generating Facility's terminal or field voltage are
19   acceptable if information necessary to translate these alternate quantities to actual Large
20   Generating Facility terminal or field voltages is provided. Large Generating Facility testing shall
21   be conducted and results provided to Transmission Provider for each individual generating unit
22   in a station. Subsequent to the Operation Date, Interconnection Customer shall provide
23   Transmission Provider any information changes due to equipment replacement, repair, or
24   adjustment. Transmission Provider shall provide Interconnection Customer any information
25   changes due to equipment replacement, repair or adjustment in the directly connected substation
26   or any adjacent Transmission Provider-owned substation that may affect Interconnection
27   Customer's Interconnection Facilities equipment ratings, protection or operating requirements.
28   The Parties shall provide such information no later than thirty (30) Calendar Days after the date
29   of the equipment replacement, repair or adjustment.
30
31                 ARTICLE 25. INFORMATION ACCESS AND AUDIT RIGHTS
32
33       25.1        Information Access. Each Party (the "disclosing Party") shall make available
34   to the other Party information that is in the possession of the disclosing Party and is necessary in
35   order for the other Party to: (i) Verify the costs incurred by the disclosing Party for which the
36   other Party is responsible under this LGIA; and (ii) carry out its obligations and responsibilities
37   under this LGIA. The Parties shall not use such information for purposes other than those set
38   forth in this Article 25.1 and to enforce their rights under this LGIA.
39


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                   Open Access Transmission Tariff
                                                                              Original Sheet No. 368

1        25.2        Reporting of Non-Force Majeure Events. Each Party (the "notifying Party")
2    shall notify the other Party when the notifying Party becomes aware of its inability to comply
3    with the provisions of this LGIA for a reason other than a Force Majeure event. The Parties agree
4    to cooperate with each other and provide necessary information regarding such inability to
5    comply, including the date, duration, reason for the inability to comply, and corrective actions
6    taken or planned to be taken with respect to such inability to comply. Notwithstanding the
7    foregoing, notification, cooperation or information provided under this article shall not entitle the
8    Party receiving such notification to allege a cause for anticipatory breach of this LGIA.
9
10       25.3        Audit Rights. Subject to the requirements of confidentiality under Article 22 of
11   this LGIA, each Party shall have the right, during normal business hours, and upon prior
12   reasonable notice to the other Party, to audit at its own expense the other Party's accounts and
13   records pertaining to either Party's performance or either Party's satisfaction of obligations under
14   this LGIA. Such audit rights shall include audits of the other Party's costs, calculation of
15   invoiced amounts, Transmission Provider's efforts to allocate responsibility for the provision of
16   reactive support to the Transmission System, Transmission Provider's efforts to allocate
17   responsibility for interruption or reduction of generation on the Transmission System, and each
18   Party's actions in an Emergency Condition. Any audit authorized by this article shall be
19   performed at the offices where such accounts and records are maintained and shall be limited to
20   those portions of such accounts and records that relate to each Party's performance and
21   satisfaction of obligations under this LGIA. Each Party shall keep such accounts and records for
22   a period equivalent to the audit rights periods described in Article 25.4.
23
24   25.4   Audit Rights Periods.
25
26      25.4.1       Audit Rights Period for Construction-Related Accounts and Records.
27   Accounts and records related to the design, engineering, procurement, and construction of
28   Transmission Provider's Interconnection Facilities and Network Upgrades shall be subject to
29   audit for a period of twenty-four months following Transmission Provider's issuance of a final
30   invoice in accordance with Article 12.2.
31
32       25.4.2       Audit Rights Period for All Other Accounts and Records. Accounts and
33   records related to either Party's performance or satisfaction of all obligations under this LGIA
34   other than those described in Article 25.4.1 shall be subject to audit as follows: (i) For an audit
35   relating to cost obligations, the applicable audit rights period shall be twenty-four months after
36   the auditing Party's receipt of an invoice giving rise to such cost obligations; and (ii) for an audit
37   relating to all other obligations, the applicable audit rights period shall be twenty-four months
38   after the event for which the audit is sought.
39


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 369

1        25.5       Audit Results. If an audit by a Party determines that an overpayment or an
2    underpayment has occurred, a notice of such overpayment or underpayment shall be given to the
3    other Party together with those records from the audit which support such determination.
4
5                                ARTICLE 26. SUBCONTRACTORS
6
 7       26.1        General. Nothing in this LGIA shall prevent a Party from utilizing the services
 8   of any subcontractor as it deems appropriate to perform its obligations under this LGIA;
 9   provided, however, that each Party shall require its subcontractors to comply with all applicable
10   terms and conditions of this LGIA in providing such services and each Party shall remain
11   primarily liable to the other Party for the performance of such subcontractor.
12
13       26.2        Responsibility of Principal. The creation of any subcontract relationship shall
14   not relieve the hiring Party of any of its obligations under this LGIA. The hiring Party shall be
15   fully responsible to the other Party for the acts or omissions of any subcontractor the hiring Party
16   hires as if no subcontract had been made; provided, however, that in no event shall Transmission
17   Provider be liable for the actions or inactions of Interconnection Customer or its subcontractors
18   with respect to obligations of Interconnection Customer under Article 5 of this LGIA. Any
19   applicable obligation imposed by this LGIA upon the hiring Party shall be equally binding upon,
20   and shall be construed as having application to, any subcontractor of such Party.
21
22       26.3       No Limitation by Insurance. The obligations under this Article 26 will not be
23   limited in any way by any limitation of subcontractor's insurance.
24
25                                      ARTICLE 27. DISPUTES
26
27       27.1        Submission In the event either Party has a dispute, or asserts a claim, that arises
28   out of or in connection with this LGIA or its performance, such Party (the "disputing Party")
29   shall provide the other Party with written notice of the dispute or claim ("Notice of Dispute").
30   Such dispute or claim shall be referred to a designated senior representative of each Party for
31   resolution on an informal basis as promptly as practicable after receipt of the Notice of Dispute
32   by the other Party. In the event the designated representatives are unable to resolve the claim or
33   dispute through unassisted or assisted negotiations within thirty (30) Calendar Days of the other
34   Party's receipt of the Notice of Dispute, such claim or dispute may, upon mutual agreement of
35   the Parties, be submitted to arbitration and resolved in accordance with the arbitration procedures
36   set forth below. In the event the Parties do not agree to submit such claim or dispute to
37   arbitration, each Party may exercise whatever rights and remedies it may have in equity or at law
38   consistent with the terms of this LGIA.
39

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 370

 1       27.2         External Arbitration Procedures. Any arbitration initiated under this LGIA
 2   shall be conducted before a single neutral arbitrator appointed by the Parties. If the Parties fail to
 3   agree upon a single arbitrator within ten (10) Calendar Days of the submission of the dispute to
 4   arbitration, each Party shall choose one arbitrator who shall sit on a three-member arbitration
 5   panel. The two arbitrators so chosen shall within twenty (20) Calendar Days select a third
 6   arbitrator to chair the arbitration panel. In either case, the arbitrators shall be knowledgeable in
 7   electric utility matters, including electric transmission and bulk power issues, and shall not have
 8   any current or past substantial business or financial relationships with any party to the arbitration
 9   (except prior arbitration). The arbitrator(s) shall provide each of the Parties an opportunity to be
10   heard and, except as otherwise provided herein, shall conduct the arbitration in accordance with
11   the Commercial Arbitration Rules of the American Arbitration Association ("Arbitration Rules")
12   and any applicable FERC regulations or RTO rules; provided, however, in the event of a conflict
13   between the Arbitration Rules and the terms of this Article 27, the terms of this Article 27 shall
14   prevail.
15
16       27.3        Arbitration Decisions. Unless otherwise agreed by the Parties, the arbitrator(s)
17   shall render a decision within ninety (90) Calendar Days of appointment and shall notify the
18   Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized
19   only to interpret and apply the provisions of this LGIA and shall have no power to modify or
20   change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be
21   final and binding upon the Parties, and judgment on the award may be entered in any court
22   having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that
23   the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the
24   Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the
25   arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of
26   service, Interconnection Facilities, or Network Upgrades.
27
28       27.4        Costs. Each Party shall be responsible for its own costs incurred during the
29   arbitration process and for the following costs, if applicable: (1) The cost of the arbitrator chosen
30   by the Party to sit on the three member panel and one half of the cost of the third arbitrator
31   chosen; or (2) one half the cost of the single arbitrator jointly chosen by the Parties.
32
33           ARTICLE 28. REPRESENTATIONS, WARRANTIES AND COVENANTS




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                     Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                           1st Revised Sheet No. 371

1
2       28.1        General. Each Party makes the following representations, warranties and
3    covenants:
4
 5       28.1.1      Good Standing. Such Party is duly organized, validly existing and in good
 6   standing under the laws of the state in which it is organized, formed, or incorporated, as
 7   applicable; that it is qualified to do business in the state or states in which the Large Generating
 8   Facility, Interconnection Facilities and Network Upgrades owned by such Party, as applicable,
 9   are located; and that it has the corporate power and authority to own its properties, to carry on its
10   business as now being conducted and to enter into this LGIA and carry out the transactions
11   contemplated hereby and perform and carry out all covenants and obligations on its part to be
12   performed under and pursuant to this LGIA.
13
14       28.1.2     Authority. Such Party has the right, power and authority to enter into this LGIA,
15   to become a Party hereto and to perform its obligations hereunder. This LGIA is a legal, valid
16   and binding obligation of such Party, enforceable against such Party in accordance with its terms,
17   except as the enforceability thereof may be limited by applicable bankruptcy, insolvency,
18   reorganization or other similar laws affecting creditors' rights generally and by general equitable
19   principles (regardless of whether enforceability is sought in a proceeding in equity or at law).
20
21       28.1.3      No Conflict. The execution, delivery and performance of this LGIA does not
22   violate or conflict with the organizational or formation documents, or bylaws or operating
23   agreement, of such Party, or any judgment, license, permit, order, material agreement or
24   instrument applicable to or binding upon such Party or any of its assets.
25
26       28.1.4    Consent and Approval. Such Party has sought or obtained, or, in accordance
27   with this LGIA will seek or obtain, each consent, approval, authorization, order, or acceptance
28   by any Governmental Authority in connection with the execution, delivery and performance of
29   this LGIA, and it will provide to any Governmental Authority notice of any actions under this
30   LGIA that are required by Applicable Laws and Regulations.
31
32                         ARTICLE 29. JOINT OPERATING COMMITTEE
33
34
35   29.1 Joint Operating Committee
36      Except in the case of ISOs and RTOs, Transmission Provider shall constitute a Joint
37   Operating Committee to coordinate operating and technical considerations of Interconnection




     Issued By: C. M. Mennes
     Issued:    February 11, 2005                              Effective Date: January 19, 2005

     Filed to comply with order of the Federal Energy Regulatory Commission,
     Docket No. RM02-1-005, issued December 20, 2004, 109 FERC ¶ 61, 287 (2004)
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 372

 1   Service. At least six (6) months prior to the expected Initial Synchronization Date,
 2   Interconnection Customer and Transmission Provider shall each appoint one representative and
 3   one alternate to the Joint Operating Committee. Each Interconnection Customer shall notify
 4   Transmission Provider of its appointment in writing. Such appointments may be changed at any
 5   time by similar notice. The Joint Operating Committee shall meet as necessary, but not less than
 6   once each calendar year, to carry out the duties set forth herein. The Joint Operating Committee
 7   shall hold a meeting at the request of either Party, at a time and place agreed upon by the
 8   representatives. The Joint Operating Committee shall perform all of its duties consistent with the
 9   provisions of this LGIA. Each Party shall cooperate in providing to the Joint Operating
10   Committee all information required in the performance of the Joint Operating Committee's
11   duties. All decisions and agreements, if any, made by the Joint Operating Committee, shall be
12   evidenced in writing. The duties of the Joint Operating Committee shall include the following:
13      29.1.1 Establish data requirements and operating record requirements.
14       29.1.2 Review the requirements, standards, and procedures for data acquisition equipment,
15   protective equipment, and any other equipment or software.
16       29.1.3 Annually review the one (1) year forecast of maintenance and planned outage
17   schedules of Transmission Provider's and Interconnection Customer's facilities at the Point of
18   Interconnection.
19       29.1.4 Coordinate the scheduling of maintenance and planned outages on the Interconnection
20   Facilities, the Large Generating Facility and other facilities that impact the normal operation of
21   the interconnection of the Large Generating Facility to the Transmission System.
22      29.1.5 Ensure that information is being provided by each Party regarding equipment
23   availability.
24       29.1.6 Perform such other duties as may be conferred upon it by mutual agreement of the
25   Parties.
26
27                                 ARTICLE 30. MISCELLANEOUS
28
29      30.1       Binding Effect. This LGIA and the rights and obligations hereof, shall be
30   binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.
31
32       30.2        Conflicts. In the event of a conflict between the body of this LGIA and any
33   attachment, appendices or exhibits hereto, the terms and provisions of the body of this LGIA
34   shall prevail and be deemed the final intent of the Parties.
35




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
     Florida Power & Light Company                                  Open Access Transmission Tariff
                                                                             Original Sheet No. 373

 1        30.3        Rules of Interpretation. This LGIA, unless a clear contrary intention appears,
 2   shall be construed and interpreted as follows: (1) The singular number includes the plural
 3   number and vice versa; (2) reference to any person includes such person's successors and assigns
 4   but, in the case of a Party, only if such successors and assigns are permitted by this LGIA, and
 5   reference to a person in a particular capacity excludes such person in any other capacity or
 6   individually; (3) reference to any agreement (including this LGIA), document, instrument or
 7   tariff means such agreement, document, instrument, or tariff as amended or modified and in
 8   effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof;
 9   (4) reference to any Applicable Laws and Regulations means such Applicable Laws and
10   Regulations as amended, modified, codified, or reenacted, in whole or in part, and in effect from
11   time to time, including, if applicable, rules and regulations promulgated thereunder; (5) unless
12   expressly stated otherwise, reference to any Article, Section or Appendix means such Article of
13   this LGIA or such Appendix to this LGIA, or such Section to the LGIP or such Appendix to the
14   LGIP, as the case may be; (6) "hereunder", "hereof", "herein", "hereto" and words of similar
15   import shall be deemed references to this LGIA as a whole and not to any particular Article or
16   other provision hereof or thereof; (7) "including" (and with correlative meaning "include")
17   means including without limiting the generality of any description preceding such term; and (8)
18   relative to the determination of any period of time, "from" means "from and including", "to"
19   means "to but excluding" and "through" means "through and including".
20
21       30.4        Entire Agreement. This LGIA, including all Appendices and Schedules
22   attached hereto, constitutes the entire agreement between the Parties with reference to the subject
23   matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral
24   or written, between the Parties with respect to the subject matter of this LGIA. There are no other
25   agreements, representations, warranties, or covenants which constitute any part of the
26   consideration for, or any condition to, either Party's compliance with its obligations under this
27   LGIA.
28
29       30.5         No Third Party Beneficiaries. This LGIA is not intended to and does not
30   create rights, remedies, or benefits of any character whatsoever in favor of any persons,
31   corporations, associations, or entities other than the Parties, and the obligations herein assumed
32   are solely for the use and benefit of the Parties, their successors in interest and, where permitted,
33   their assigns.
34
35       30.6        Waiver. The failure of a Party to this LGIA to insist, on any occasion, upon strict
36   performance of any provision of this LGIA will not be considered a waiver of any obligation,
37   right, or duty of, or imposed upon, such Party.
38      Any waiver at any time by either Party of its rights with respect to this LGIA shall not be
39   deemed a continuing waiver or a waiver with respect to any other failure to comply with any

     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                            Original Sheet No. 374

1    other obligation, right, duty of this LGIA. Termination or Default of this LGIA for any reason by
2    Interconnection Customer shall not constitute a waiver of Interconnection Customer's legal rights
3    to obtain an interconnection from Transmission Provider. Any waiver of this LGIA shall, if
4    requested, be provided in writing.
5
6
 7      30.7        Headings. The descriptive headings of the various Articles of this LGIA have
 8   been inserted for convenience of reference only and are of no significance in the interpretation or
 9   construction of this LGIA.
10
11      30.8        Multiple Counterparts. This LGIA may be executed in two or more
12   counterparts, each of which is deemed an original but all constitute one and the same instrument.
13
14       30.9       Amendment. The Parties may by mutual agreement amend this LGIA by a
15   written instrument duly executed by the Parties.
16
17       30.10     Modification by the Parties. The Parties may by mutual agreement amend the
18   Appendices to this LGIA by a written instrument duly executed by the Parties. Such amendment
19   shall become effective and a part of this LGIA upon satisfaction of all Applicable Laws and
20   Regulations.
21
22       30.11        Reservation of Rights. Transmission Provider shall have the right to make a
23   unilateral filing with FERC to modify this LGIA with respect to any rates, terms and conditions,
24   charges, classifications of service, rule or regulation under section 205 or any other applicable
25   provision of the Federal Power Act and FERC's rules and regulations thereunder, and
26   Interconnection Customer shall have the right to make a unilateral filing with FERC to modify
27   this LGIA pursuant to section 206 or any other applicable provision of the Federal Power Act
28   and FERC's rules and regulations thereunder; provided that each Party shall have the right to
29   protest any such filing by the other Party and to participate fully in any proceeding before FERC
30   in which such modifications may be considered. Nothing in this LGIA shall limit the rights of
31   the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC's rules and
32   regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided
33   herein.
34
35       30.12       No Partnership. This LGIA shall not be interpreted or construed to create an
36   association, joint venture, agency relationship, or partnership between the Parties or to impose
37   any partnership obligation or partnership liability upon either Party. Neither Party shall have any


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                   Effective Date: July 21, 2004
    Florida Power & Light Company                                 Open Access Transmission Tariff
                                                                           Original Sheet No. 375

1   right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to
2   act as or be an agent or representative of, or to otherwise bind, the other Party.




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                                    Effective Date: July 21, 2004
     Florida Power & Light Company                               Open Access Transmission Tariff
                                                                          Original Sheet No. 376

1
 2       In witness whereof, the Parties have executed this LGIA in duplicate originals, each of which
 3   shall constitute and be an original effective Agreement between the Parties.
 4
 5   [Insert name of Transmission Provider or Transmission Owner, if applicable]
 6
 7   By:                                  By:
 8
 9   Title:                               Title:
10
11   Date:                                      Date:
12
13
14
15   [Insert name of Interconnection Customer]
16
17
18   By:
19
20   Title:
21
22   Date:
23




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                                  Effective Date: July 21, 2004
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                  Original Sheet No. 377

 1
 2
 3                                   Appendices to LGIA
 4
 5
 6         Appendix A Interconnection Facilities, Network Upgrades and Distribution
 7              Upgrades
 8
 9         Appendix B Milestones
10
11         Appendix C Interconnection Details
12
13         Appendix D Security Arrangements Details
14
15         Appendix E Commercial Operation Date
16
17         Appendix F Addresses for Delivery of Notices and Billings
18
19         Appendix G Requirements of Generators Relying on Newer Technologies




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                          Effective Date: July 21, 2004
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                  Original Sheet No. 378

 1                                      Appendix A
 2                                       To LGIA
 3
 4        Interconnection Facilities, Network Upgrades and Distribution Upgrades
 5
 6
 7
 8   1. Interconnection Facilities:
 9
10
11         (a) [insert Interconnection Customer's Interconnection Facilities]:
12
13
14         (b) [insert Transmission Provider's Interconnection Facilities]:
15
16
17
18   2. Network Upgrades:
19
20
21         (a) [insert Stand Alone Network Upgrades]:
22
23
24         (b) [insert Other Network Upgrades]:
25
26
27   3. Distribution Upgrades:




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                         Effective Date: July 21, 2004
    Florida Power & Light Company                  Open Access Transmission Tariff
                                                            Original Sheet No. 379

1                                   Appendix B
2                                    To LGIA
3
4                                   Milestones




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                     Effective Date: July 21, 2004
    Florida Power & Light Company                    Open Access Transmission Tariff
                                                              Original Sheet No. 380

1                                    Appendix C
2                                     To LGIA
3
4                               Interconnection Details
5
6




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                       Effective Date: July 21, 2004
     Florida Power & Light Company                             Open Access Transmission Tariff
                                                                        Original Sheet No. 381

 1                                           Appendix D
 2                                            To LGIA
 3
 4                                Security Arrangements Details
 5
 6
 7            Infrastructure security of Transmission System equipment and operations and
 8   control hardware and software is essential to ensure day-to-day Transmission System
 9   reliability and operational security. The Commission will expect all Transmission
10   Providers, market participants, and Interconnection Customers interconnected to the
11   Transmission System to comply with the recommendations offered by the President's
12   Critical Infrastructure Protection Board and, eventually, best practice recommendations
13   from the electric reliability authority. All public utilities will be expected to meet basic
14   standards for system infrastructure and operational security, including physical,
15   operational, and cyber-security practices.




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                               Effective Date: July 21, 2004
     Florida Power & Light Company                         Open Access Transmission Tariff
                                                                    Original Sheet No. 382

 1                                        Appendix E
 2                                         To LGIA
 3
 4                                Commercial Operation Date
 5
 6
 7          This Appendix E is a part of the LGIA between Transmission Provider and
 8   Interconnection Customer.
 9
10         [Date]
11
12         [Transmission Provider Address]
13
14         Re:      _____________ Large Generating Facility
15
16         Dear _______________:
17
18         On [Date] [Interconnection Customer] has completed Trial Operation of Unit
19   No. ___. This letter confirms that [Interconnection Customer] commenced Commercial
20   Operation of Unit No. ___ at the Large Generating Facility, effective as of [Date plus
21   one day].
22
23         Thank you.
24
25         [Signature]
26
27         [Interconnection Customer Representative]
28
29
30




     Issued By: C. M. Mennes
     Issued:    July 21, 2004                            Effective Date: July 21, 2004
     Florida Power & Light Company                       Open Access Transmission Tariff
                                                                  Original Sheet No. 383

 1
 2                                       Appendix F
 3                                        To LGIA
 4
 5   Addresses for Delivery of Notices and Billings
 6
 7
 8
 9   Notices:.
10
11
12         Transmission Provider:
13
14               [To be supplied.]
15
16
17         Interconnection Customer:
18
19               [To be supplied.]
20
21
22   Billings and Payments:
23
24
25         Transmission Provider:
26
27               [To be supplied.]
28
29
30         Interconnection Customer:
31
32               [To be supplied.]
33
34
35   Alternative Forms of Delivery of Notices (telephone, facsimile or email):
36
37
38         Transmission Provider:
39
40               [To be supplied.]


     Issued By: C. M. Mennes
     Issued:    July 21, 2004                          Effective Date: July 21, 2004
    Florida Power & Light Company       Open Access Transmission Tariff
                                                 Original Sheet No. 384

1
2
3         Interconnection Customer:
4
5               [To be supplied.]
6
7




    Issued By: C. M. Mennes
    Issued:    July 21, 2004          Effective Date: July 21, 2004
    Florida Power & Light Company                      Open Access Transmission Tariff
                                                                Original Sheet No. 385

1                                     Appendix G
2                                      To LGIA
3
4                Requirements of Generators Relying on Newer Technologies
5
6
7




    Issued By: C. M. Mennes
    Issued:    July 21, 2004                         Effective Date: July 21, 2004

								
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