Affidavit Template for Projects Previously Allocated Transmission Plan Deliverability

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Affidavit Template for Projects Previously Allocated Transmission Plan Deliverability

(This Affidavit should contain the following information printed on company letterhead and notarized in jurat form.)

Affidavit for Projects Previously Allocated TP Deliverability

CAISO Queue Position/WDAT Identifier:

Project Name:

PTO: ______

This affidavit is being submitted in satisfaction of the requirements in Section 8.9.3 of Appendix DD to the Tariff of the California Independent System Operator Corporation (“ISO”). Unless otherwise specified, all terminology used herein, including capitalized terms, has the meaning set forth in Appendix DD to the CAISO Tariff. 1. I, [name], the undersigned, as a representative of [company legal name], am authorized to execute this affidavit on behalf of [company legal name]. 2. [Company legal name] is, per the definition in the CAISO Tariff, the Interconnection Customer of record with respect to [project name], Queue Position [queue position] (“Project”) seeking to interconnect to the CAISO Controlled Grid.

3. The Project executed a Generator Interconnection Agreement for the Project on [date] and neither the Participating TO nor the CAISO has provided the Project with a Notice of Breach of the Generator Interconnection Agreement that has not been cured and the Project has not commenced curative actions.

4. The Project remains in good standing with respect to its permitting status. (minimum requirement is d.). Enter the letter below that corresponds to your Project’s status: a. The Interconnection Customer has received its final governmental permit or authorization allowing the Generating Facility to commence construction. b. The Interconnection Customer has received a draft environmental report (or equivalent environmental permitting document) indicating likely approval of the requested permit and/or which indicates that the permitting authority has not found an environmental impact which would likely prevent the approval. For purposes of this requirement, a draft environmental report can take the form of a draft environmental impact report, draft environmental impact statement, environmental assessment, mitigated negative

Updated 10/22/2015 CAISO/MID/ICM declaration, or CEC preliminary staff assessment. Findings that would qualify as those which would indicate likely approval include no environmental impacts found that cannot be mitigated to insignificance, or in the case of a National Environmental Policy Act document, the Project has been identified as the preferred alternative. If Federal or State Endangered Species Act permits are required, draft environmental reports for such permits have been received and similarly either indicate likely approval or do not find an impact that would likely prevent approval. c. The Interconnection Customer has applied for the necessary governmental permits or authorizations and the authority has deemed such documentation as data adequate for the authority to initiate its review process. d. The Interconnection Customer has applied for the necessary governmental permit or authorization for the construction. 2. The Project remains in good standing with respect to its financing status (must select a. b. or c. to retain deliverability).  If selecting status a, please indicate if status i or ii applies.  If selecting status b or c, please provide power purchase agreement (PPA) details.

Enter the letter below that corresponds to your Project’s status:

Optional Comments:

a. i. The Generating Facility will be balance-sheet financed or has received a commitment of Project financing, covering the full MW amount of the Generating Facility as specified in the Interconnection Request submitted to the CAISO, and the Interconnection Customer represents to the CAISO that it has a regulator-approved power purchase agreement with a Load-Serving Entity that serves end users in the ISO Balancing Authority Area; or ii. The Generating Facility will be balance-sheet financed or has received a commitment of Project financing, covering the full MW amount of the Generating Facility as specified in the Interconnection Request submitted to the CAISO, and the Interconnection Customer is proceeding to Commercial Operation without a power purchase agreement. b. The Interconnection Customer has an executed and regulator- approved power purchase agreement, or an executed power purchase agreement that does not require any regulatory approval.

Updated 10/22/2015 CAISO/MID/ICM c. The Interconnection Customer has an executed power purchase agreement but such agreement has not yet received regulatory approval. d. The Interconnection Customer does not have an executed power purchase agreement but the Interconnection Customer is included on an active short list or other commercially recognized method of preferential ranking of power providers by a prospective purchaser Load Serving Entity. PPA Details (if applicable)

LSE Name: ______PPA Project Name (as listed on the CPUC Renewables Portfolio Standard Monthly Project Status Table, if applicable): ______PPA Capacity: ______MW Execution Date: ______Regulatory Authority Name: ______Approval Date: ______Advice Letter or RAM RFO Number: ______

Updated 10/22/2015 CAISO/MID/ICM 3. The Project remains in good standing with respect to its land acquisition status. Enter the letter below that corresponds to your Project’s status: a. The Interconnection Customer can demonstrate a present legal right to begin construction of the Generating Facility on one hundred percent (100%) of the real property footprint necessary for the entire Generating facility. b. The Interconnection Customer can demonstrate Site Exclusivity.

4. The Commercial Operation Date in the Project’s Generator Interconnection Agreement is: ___

a. The original Commercial Operation Date set forth in the Generator Interconnection Agreement and the Interconnection Customer has not requested to extend it.

b. The Interconnection Customer has requested to extend the Commercial Operation Date for the Project and the extension is required for reasons beyond the control of the Interconnection Customer and such extension results in no Material Modification or delay in the construction schedule for Network Upgrades common to multiple Generating Facilities; or unless the extension is occasioned by a material delay in the Participating TO’s construction of any Network Upgrades or Participating TO’s Interconnection Facilities.

I, [name] declare under penalty of perjury that the foregoing statements are true to the best of my knowledge.

Signed:

Print Name:

Title:

Date:

[Company legal name]

[Address]

Updated 10/22/2015 CAISO/MID/ICM

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