Ms. Wendy Tabone Page 2 March 26,2020

Federal Regulations

Clean Water Act

Section 404 of the Clean Water Act (CWA) establishes a federal program to regulate the discharge of dredged and fill material into waters of the U.,, including wetlands. The U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) are responsible for making jurisdictional determinations and regulating wetlands and other waters under Section 404 of the CWA. Although the regulation of isolated wetlands has been removed from the USACE permitting process, both isolated and jurisdictional wetlands provide habitat for wildlife and help protect water quality.

TPWD identified several aquatic resources in the project study area, some of which may be subject to the CWA. These include: • San Juanito Creek and potentially named and unnamed ponds, and other features, which may be natural or manmade.

Recommendation: TPWD recommends developing a route for the proposed transmission line that avoids or minimizes the number of water body crossings.

All waterways and associated floodplains, riparian corridors, and wetlands, regardless of their jurisdictional status, provide valuable wildlife habitat and should be preserved to the maximum extent possible. Natural buffers contiguous to any wetland or aquatic system should remain undisturbed to preserve wildlife cover, food sources, and travel corridors. In the study area, these drainages occur as features known as ramaderos . Transmission line support structures should be located as far fi-om waterbodies and ramaderos as possible to preserve them and their associated vegetation.

Aquatic resources in the study area, including those that have been manipulated or are completely manmade, provide habitat for wildlife. The destruction of inert microhabitats in aquatic habitats such as snags, brush piles, fallen logs, and pools should be avoided, as these provide habitat for a variety of fish and wildlife species and their food sources. Necessary waterway crossings should be made perpendicular to channels to minimize disturbance riparian habitat. Best management practices (BMPs) for erosion control and sediment runoff should be installed prior to construction and maintained until disturbed areas are permanently revegetated using site-specific native vegetation. BMPs should be properly installed in order to effectively minimize the amount of sediment Ms Wendy Tabone Page 3 March 26,2020

and other debris entering the waterways. During construction, trucks and equipment should use existing bridge or culvert structures to cross waterways, ponds or depressional wetlands, and equipment staging areas should be located iii previously disturbed areas away from aquatic habitats.

Ifthe proposed project would impact waterways or associated wetlands, TPWD recommends consulting with the USACE regarding potential impacts to waters ofthe U.S. including jurisdictional determinations, delineations, and mitigation.

Migratory Bird Treaty Act

The Migratory Bird Treaty Act (MBTA) prohibits direct and affirmative purposeful actions that reduce migratory birds, their eggs, or their nests, by killing or capturing, to human control, except when specifically authorized by the Department of the Interior. This protection applies to most native bird species, including ground nesting species. Additional information regarding the MBTA is available from the U.S. Fish and Wildlife Service (USFWS)-Southwest Regional Office (Region 2) at (505) 248-7882.

Review of aerial photography and the Ecological Mapping Systems of Texas (EMST), indicate that, overall, the study area consists primarily of mesquite mixed shrubland and as well as shrublands and woodlands associated with ramaderos, drainages occupied by dense shrubs and woods. The diversity of vegetative cover provides suitable cover, feeding, nesting and loafing habitat for many species of birds. Additionally, the project area is in the middle of the Central Migratory Flyway through which millions ofbirds pass during spring and fall migration.

Recommendation: TPWD recommends identifying existing utility corridors or other previously disturbed areas (.., existing roads, utility corridors or easements) to parallel the proposed transmission line. Additionally, TPWD recommends scheduling any vegetation clearing or trampling to occur outside of the March 15 - September 15 migratory bird nesting season in order to comply with the MBTA.

If vegetation clearing must be scheduled to occur during the nesting season, TPWD recommends the vegetation to be impacted should be surveyed for active nests by a qualified biologist. Nest surveys should be conducted no more than five days prior to the scheduled clearing to ensure recently constructed nests are identified, If active nests are observed during surveys, TPWD recommends a 150-foot buffer of vegetation remain around the nests until the young have fledged or the nest is abandoned. Ms. Wendy Tabone Page 4 March 26,2020

The potential exists for birds to collide with transmission lines and associated guy wires and static lines. Bird fatalities can also occur due to electrocution ifperching birds simultaneously make contact with energized and grounded structures.

Recommendation: TPWD strongly recommends that transmission lines should be marked with line markers or bird flight diverters to reduce the potential of birds flying into the lines. Line alteratioiis to prevent bird electrocutions should not necessarily be implemented after such events occur as all electrocutions may not be known or documented. Incorporation of preventative measures along portions of the routes that are most attractive to birds (as indicated by frequent sightings) prior to any electrocutions is a preferred alternative.

TPWD recommends the transmission line design should utilize avian safety features described in the revised:

Avian Power Line Interaction Committee ( APLIC ). 2012 . Reducing Avian Collisions with Power Lines : The State of the Art in 2012 . Edison Electric Institute and APLIC. Washington, ,.

In particular, the overhead ground wire should be marked with line markers to increase its visibility. Additional recommendations are available iii the document entitled , " TPIKD Recommendations for Electrical Transmission/ Distribution Line Design and Construction" available on TPWD's website.

State Regulations

Parks and Wildlife Code

Nongame Birds

State law prohibits any take or possession of nongame birds, including their eggs and nests. Laws and regulations pertaining to state-protection of nongame birds are contained in Chapter 64 ofthe Texas Parks and Wildlife (TPW) Code; specifically, Section 64.002 provides that no person may catch, kill, injure, pursue, or possess a bird that is not a game bird. TPW Code Section 64.003, regarding destroying nests or eggs, provides that, no person may destroy or take the nests, eggs, or young and any wild game bird, wild bird, or wild fowl. TPW Code Chapter 64 does not allow for incidental take and therefore is more restrictive than the MBTA.

Although not documented in the Texas Natural Diversity Database (TXNDD), many bird species which are not listed as threatened or endangered are protected Ms. Wendy Tabone Page 5 March 26,2020 by Chapter 64 of the TPW Code and are known to be year-round or seasonal residents or seasonal migrants through the proposed project area.

Recommendation : Please review the Federal Regulations : Migratory Bird Treaty Act section above for recommendations as they are applicable for Chapter 64 of the Parks and Wildlife Code compliance.

State-listed Species

TPW Code regulates state-listed threatened and endangered animal species. The capture, trap, take or killing of state-listed threatened and endangered animal species is unlawful unless expressly authorized under a permit issued by the USFWS or TPWD. Laws and regulations pertaining to state-listed endangered or threatened animals are contained in Chapters 67 and 68 of the Texas Parks and Wildlife (TPW) Code; laws pertaining to endangered or threatened plants are contained in Chapter 88 ofthe TPW Code. There are penalties, which may include fines and/or jail time in addition to payment of restitution values, associated with take of state-listed species. Please see "Laws and Regulations Applicable to TPWD Review" that are available online at TPWD's Wildlife Habitat Assessment Program website.

For purposes ofrelocation, surveys, monitoring, and research, terrestrial state-listed species may only be handled by persons permitted through the TPWD Wildlife Permits Program. For more information regarding Wildlife Permits, please visit TPWD's Wildlife Permits website or contact the Permits Office at (512) 389-4647.

The potential occurrence of state-listed species in the project area is primarily dependent upon the availability of suitable habitat. Direct impacts to high quality or suitable habitat therefore are directly proportional to the magnitude and potential to directly impact state-listed species. State-listed reptiles that are typically slow moving or unable to move due to cool temperatures are especially susceptible to being directly impacted during ROW clearing and construction of the transmission line.

Recommendation: TPWD recommends reviewing the most current TPWD annotated county lists of rare species for Webb County, as state-listed species could be present depending upon habitat availability. These lists are available online at the TPWD Wildlife Diversity website. Environmental documents prepared for the project should include an inventory of existing natural resources within the alternative transmission line routes. Specific evaluations should be designed to predict project impacts upon these natural resources including potential impacts to state-listed species. Ms. Wendy Tabone Page 6 March 26,2020

The following General Construction Recommendations are provided to assist in project planning and to avoid and/or minimize potential impacts to wildlife, including state-listed species.

Recommendation: In general, TPWD recommends the judicious use and placement of sediment control fence to exclude wildlife from areas to be disturbed. In many cases, sediment control fence placement for the purposes of controlling erosion and protecting water quality can be modified minimally to also provide the benefit of excluding wildlife access to construction areas. The exclusion fence should be buried at least six inches and be at least 24 inches high. The exclusion fence should be maintained for the life of the project and only be removed after the project activities are completed and the disturbed sites have been revegetated or otherwise stabilized. Construction personnel should be encouraged to examine the inside of the exclusion area daily to determine i f any wildlife species have been trapped inside the area of impact and provide safe egress opportunities prior to initiation of construction activities. Regarding trenches or exeavations for support structure foundations, etc., TPWD recommends that any open trenches or deep excavation areas be covered overnight and/or inspected every morning to ensure no wildlife species have been trapped. For open trenches and excavated areas, escape ramps fashioned from soil or wood should be installed at an angle of less than 45 degrees (1:1) in excavated areas that will allow trapped wildlife to climb out on their own. If any state-listed species are trapped in trenches or excavated areas, they should be removed by personnel permitted by TPWD to handle state-listed species.

Recommendation: For soil stabilization and/or revegetation of disturbed areas within the proposed project area, TPWD recommends using erosion and seed /mulch stabilization materials that avoid entanglement hazards to snakes and other wildlife species. Because the mesh found in many erosion control blankets or mats pose an entanglement hazard to wildlife, TPWD recommends the use of no-till drilling, hydromulching and/or hydroseeding due to a reduced risk to wildlife. If erosion control blankets or mats would be used, the product should contain no netting or contain loosely woven, natural fiber netting in which the mesh design allows the threads to move, therefore allowing expansion of the mesh openings. Plastic mesh matting should be avoided.

The following state-listed species have the potential to occur within the study area if suitable habitat is available:

Black bear (Ursus americanus) Reticulate collared lizard (Crotaphytus reticulatus ) Texas horned lizard (Phrynosoma cornutum) Ms Wendy Tabone Page 7 March 26,2020

Texas indigo snake (Drymarchon melanurus erebennus) Texas tortoise (Gopheius berlandieri)

Black bear

Historically, black bears occurred in the mountainous Trans-Pecos region of west Texas. However, over the past 15 years, black bear populations have increased and expanded into the western portions o f the Edwards Plateau and South Texas Plains near the Rio Grande where they occur in more open grassland areas.

Recommendation: Black bears are typically shy and elusive. They use travel corridors to move between feeding areas and bedding areas. In the general project area, they may use ramaderos as travel corridors to move between areas of suitable habitat. To avoid attracting black bears to work areas, garbage containers, particularly if they contain food waste, should have lids that can be secured, Ifa black bear is observed within the project area, TPWD requests that the observation be reported to TPWD mammologist Jonah Evans at (830) 331- 8739. For more information, please see the black bear fact sheet available on the TPWD website.

Reticulate collared lizard

Reticulate collared lizards are large lizards known to bask on elevated dirt mounds such as those along the edges of unimproved roads throughout south Texas. They generally occur in areas void of vegetation (i.e., bare rock, gravel) and in typical shrubland/chaparral habitat, Also, both reticulate collard lizards and Texas horned lizards are especially active during the spring (April-May) mating season and are more likely to be negatively impacted by construction activities during this period.

Recommendation: When approached, reticulate collared lizards will typically flee to the base of a shrub and remin motionless. Contractors should be made aware ofthe potential to encounter reticulate collared lizards in the project area. If encountered, contractors should allow the lizards to escape; contractors should also be instructed to avoid negatively impacting any lizards encountered.

Texas horned lizard

Suitable habitat for the Texas horned lizard may be present within the project area. The Texas horned lizard can be found in open, arid, and semi-arid regions with sparse vegetation, including grass, cactus, scattered brush or scrubby trees. Ms. Wendy Tabone Page 8 March 26,2020

If present in the project area, the Texas horned lizard could be impacted by ground disturbing activities, including ROW clearing. A useful indication that the Texas horned lizard may occupy an area is the presence of Harvester ant (Pogonomyrmex sp.) nests as they are the primary food source of horned lizards. Texas horned lizards are active above ground when temperatures exceed 75 degrees Fahrenheit. During warmer seasons, they may be able to avoid slow (< 15 miles per hour) moving equipment. Texas horned lizards may hibernate on-site in loose soils a few inches below ground during the cooler months from September/October to March /April. Construction in these areas could harm hibernating lizards. If horned lizards (nesting, gravid females, newborn young, lethargic from cool temperatures or hibernation) cannot move away from noise and approaching construction equipment, they could be negatively affected by construction activities.

Recommendation: TPWD recommends developing routes that avoid high quality or suitable habitat for state-listed species, if possible. TPWD recommends that a pre-construction survey be conducted to determine ifhomed lizards are present within the preferred transmission line corridor. As stated above, a useful indicator of potential occupancy is the presence of Harvester ants. Surveys should be conducted during warmer months of the year when horned lizards are active.

TPWD recommends avoiding disturbance of the Texas horned lizard and colonies of the Harvester ant during clearing and construction. TPWD recommends a permitted biological monitor be present during construction to attempt to capture and relocate Texas horned lizards if found. If the presence of a biological monitor is not feasible, state-listed species observed during construction should be allowed to safely leave the site on their own

Texas indigo snake

The Texas indigo snake is the largest nonvenomous snake in North America and is typically associated with aquatic habitats including creeks (e.g., nearby San Juanito Creek), streams, ponds, and drainages (i.e., ramaderos). The riparian corridors that develop along drainage ditches provide suitable habitat for this species. Due to its high metabolism, it has a large home range in which it searches for prey and may be encountered away from aquatic habitats.

Recommendation: Because all snakes are generally perceived as a threat and killed when encountered during vegetation clearing, TPWD recommends project plans include comments to inform contractors of the potential for state- listed snakes to occur in the project area. The state-listed snake species described here is non-venomous; contractors should be advised to avoid Ms. Wendy Tabone Page 9 March 26,2020

impacts to this species and other snakes as long as the safety o f the workers is not compromised. For the safety of workers and preservation of a natural resource, attempting to catch, relocate and/or kill non-venomous or venomous snakes is discouraged by TPWD. If encountered, snakes should be permitted to safely leave project areas on their own. TPWD encourages construction sites to have a "no kill" policy in regard to wildlife encounters.

Texas tortoise

The Texas tortoise has a home range of approximately five to ten acres. Suitable habitat for the Texas tortoise occurs throughout most of the proposed project's study area and iii adjacent areas.

Recommendation: TPWD recommends that contractors working iii the proposed transmission line ROW be made aware of the potential for the state- listed Texas tortoise to occur in the area. Contractors and other staff should be made aware that in south Texas, the Texas tortoise is inactive from December through January and is therefore likely to be undetectable in a project area during this time. TPWD recommends a biological monitor be on site during any vegetation clearing to inspect sites subject to disturbance that may provide cover for tortoises (e.g., bases of prickly pear cactus) or provide sites for tortoise pallets (shallow excavations typically at the base of vegetation that are opportunistically occupied by tortoises). Additionally, tortoises have been known to seek cover (shade) underneath parked vehicles; therefore, TPWD recommends that before driving vehicles that have been parked within the project corridor, contractors should check underneath the vehicles to ensure no tortoises are present.

If a tortoise is located at the project area, it should be relocated as far from the proposed activity as possible, but within its 5 to 10 acre range. After tortoises are removed from the immediate project area, TPWD recommends constructing an exclusion fence with metal flashing or drift fence material; regular silt fence material may be used. The exclusion fence should be buried at least six-inches deep and be 24-inches high. In addition to tortoises, exclusion fences are effective in preventing other reptile species from entering a construction area. Additional information regarding Texas tortoise best management practices is available on the TPWD Wildlife Habitat Assessment Program website.

In addition to being a naturally slow moving animal susceptible to vehicle collisions, when startled (e.g., by traffic or heavy machinery), the Texas tortoise may withdraw into its shell rather than fleeing, thus increasing its risk for collision with vehicles. Ms. Wendy Tabone Page 10 March 26,2020

Recommendation: TPWD recommends establishing and enforcing low speed limits (<20 MPH) in construction areas in order to minimize the potential of vehicle collisions with tortoises and other wildlife.

Species of Concern

In addition to state- and federally-protected species, TPWD tracks special features, natural communities, species of concern (SOC), and species of greatest conservation need (SGCN) in the TXNDD and actively promotes their conservation. TPWD considers it important to evaluate and, ifnecessary, minimize impacts to rare species and their habitat to reduce the likelihood of endangerment.

Recommendation: TPWD recommends reviewing the most current 'I PWD annotated county lists of rare species for Webb County, as SOC/SGCN species could be present depending upon habitat availability.

The TXNDD is intended to assist users in avoiding harm to rare species or significant ecological features. Given the small proportion ofpublic versus private land in Texas, the TXNDD does not include a representative inventory of rare resources in the state. Absence of information in an area does not imply that a species is absent from that area. Although it is based on the best data available to TPWD regarding rare species, the data from the TXNDD do not provide a definitive statement as to the presences, absence or condition of special species, natural communities, or other significant features within your project area. These data are not inclusive and cannot be used as presence/absence data. They represent species that could potentially be in your project area. This information cannot be substituted for on-the-ground surveys. The TXNDD data is updated continuously based on new, updated and undigitized records; therefore, TPWD recommends requesting the most recent TXNDD data on a regular basis. TXNDD data can be requested through the TXNDD website.

Please be aware that determining the actual presence of a species in a given area depends on many variables including daily and seasonal activity cycles, environmental activity cues, preferred habitat, transiency and population density (both wildlife and human). The absence of a species can be demonstrated only with great difficulty and then only with repeated negative observations, taking into account all the variable factors contributing to the lack of detectable presence. Ms. Wendy Tabone Page 11 March 26,2020

Tamaulipan spot-tailed earless lizard

Suitable habitat for the Tamaulipan spot - tailed earless lizard ( STEL ) Uiolbrookia subcaudalis) may be present throughout the entire project area . The Tamaulipan STEL is known to inhabit moderately open prairie-brushland as well as fairly flat areas free of vegetation or other obstructions, including disturbed areas.

Recommendation: TPWD recommends implementing the following BMPs to assist in minimizing potential impacts to the Tamaulipan STEL. TPWD notes that implementing the following BMPs could also help minimize impacts to a variety of native wildlife species that may inhabit the project area.

• A maj or threat to the Tamaulipan STEL is road traffic, as this species has exhibited behavior indicating that they prefer roads and tend to cross roads often, potentially for thermoregulation. TPWD recommends reducing the amount of roads, both temporary and permanent, planned to be constructed for the proposed project. TPWD also recommends reducing speed limits in the project area to at least 15 rnph (or slower) to help prevent vehicle- induced mortality of this species. • This species prefers a mixture of bare ground and sparse vegetation, including disturbed areas. TPWD recommends avoiding impacts to suitable habitat for this species. Areas disturbed by project-related construction activities within suitable habitat for the Tamaulipan STEL should be revegetated with site-specific native, patchy vegetation rather than sod- forming grasses, • The Tamaulipan STEL utilizes burrows for shelter. TPWD recommends identifying locations o f burrows on the project site and avoiding impacts to burrows if feasible. • TPWD recommends providing contractor training for the identification, behavior, and habitat requirements of the Tamaulipan STEL. It is important for construction personnel to be able to identify this species and to be on the lookout for them during construction and to avoid impacting them if encountered on-site.

In January 2010, the STEL was petitioned for listing under the Endangered Species Act (ESA). On May 24,2011, the USFWS issued a 90-day finding on that petition. Based on their review, the USFWS found the petition presents substantial scientific or commercial information indicating that listing the STEL may be warranted. The USFWS has therefore initiated a status review to determine if listing is in fact warranted. Based on this status review, the USFWS will issue a 12-month finding on the petition. Ms. Wendy Tabone Page 12 March 26,2020

Recommendation: TPWD recommends monitoring the listing status of the STEL throughout project planning and construction and perform required consultation, permitting, and mitigation with the USFWS if this species becomes listed under the ESA.

Monarch Conservation Plan

Significant declines in the population of migrating monarch butterflies (Danaus plexippus) have led to widespread concern about this species and the long - term persistence of the North American monarch migration. As part of an international conservation effort, TPWD has developed a Texas Monarch and Native Pollinator Conservation Plan. One of the broad categories of action in the plan is to augment larval feeding and adult nectaring opportunities. The plan is available on TPWD's website.

Recommendation: For disturbed sites within the monarch migration corridor and for landscaping opportunities in urban settings, TPWD recommends revegetation efforts include planting or seeding native milkweed (Asclepias spp.) and nectar plants as funding and seed availability allow. Where appropriate and sustainable, TPWD recommends landscaping plans incorporate monarch-friendly plants. Information about monarch biology, migration, and butterfly gardening can be found on the Monarch Watch website.

TPWD advises review and implementation of these recommendations in the preparation of the environmental document for the project. Please contact me at (361) 825-3240 or [email protected] if you have any questions or we may be of further assistance.

Sincerely,

Russell Hooten Wildlife Habitat Assessment Program Wildlife Division

/rh 43339 ec: Rachelle Robles, Public Utilities Commission o f Texas 10550 Richmond Ave. 713.244.1000 ¢>TRC Suite 210 TRCcompanies.com Houston, TX 77042

February 71]1,2020 --*#I...... 1 1-RECEIVED ~ Texas Historical Commission Ms. Emily Dylia FEB 1 2 2020 Webb County Aroheologist Texas Historical Commission Texas Historical Commission P.O. Box 12276 Austin, TX 78701-1495

Re: Requestfor Information for the Proposed Lobo to Corazon 345-kV Transmission Line Project Webb County, Texas

Dear Ms. Dylia:

Electric Transmission Texas, LLC (El'T) is proposing to design and construct a new 345-kilovolt (kV) transmission line northeast of Laredo in Webb County, Texas to interconnect a proposed solar generation development. The proposed transmission line would be constructed between the existing ETT Lobo Station, which is located approximately 11.5 miles northeast of Laredo and approximately 0.8 miles south of U.S. Highway 59 and extends approximately 4.2 miles north and 0.5 miles east to the proposed Bay Ware Solar Projects, LLC Corazon Substation. This proposed transmission line will require a 150-foot wide right-of-way.

TRC Environmental (TRC) is preparing an Environmental Assessment (EA) for the proposed project that will support ETT's application for a Certificate of Convenience and Necessity from the Public Utility Commission o f Texas (PUCT). TRC is in the process of collecting and evaluating environmental data for the study area. As part of this effort, we are asking that your agency/office relate any environmental or land use concerns that you may have regarding the siting and potential environmental effects from the construction of the proposed line in the Study Area designated on the attached map,

Additionally, if any permits, easements, or other approvals by your agency/office are required, or ifyou are aware of any major proposed development or construction in the study area, we would also appreciate receiving this information as well. Your input on any of the following resources as they relate to your agency or office will assist the project team in evaluating the proposed project:

• Land use (current or proposed land development projects, park/recreation areas, etc.) • Aesthetics • Water quality and wetlands • Soils and geology • Wildlife, vegetation, and fisheries (including threatened and endangered species) • Socioeconomics (population, employment, growth, current/future development) • Cultural resources (historic and archeological) • Transportation and roads (airport and roadway expansions, construction, operations, and maintenance) • Cultural and historical resources

Upon approval o f a-final route for the proposed project by the PUCT, ETT will determine the need for other approvals and/or permits. If your jurisdiction has approvals and/or permits that would apply to this project, please identify them in response to this inquiry. If permits are required from your office, BIT will contact your office following approval of a final route.

AEP CONFIDENTIAL ETT and TRC appreciates your time in reviewing this and would like to thank you in advance for your comments. If you have any questions concerning this project or our request for information, please contact me at [email protected] or (979) 235-9678. We would like to receive your reply by March 6th, 2020.

Sincerely,

Wendy Tabone Project Manager [email protected] (979) 235-9678

Attachment

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"~* -·lT, -7=.' /l-- T- E % C~ Sludy Area OV m Substation Figure 1 3 i N == = m - Project Study Area & Vicinity t € Existing Transmission Lines E} eottlo Tranimt83 ! on Texas Proposed Lobo to Corazon % % • . 138 0 0.25 05 1 a <5 - 345 kV Double-Circuit Capable 345-kV E Ol Mi! Transmission Line in Webb County, Texas EE 1 Inch =1 Mile ¢>TRC am¤m A r CRANE Edward D . Garza, P . E., CFM 'ET ENGINEERING President "' ~ · ' · ~ CIVIL . PUBLIC WORKS . PLANNING . HYDROLOGY Alfredo Martinez, P. E., CFM

February 19, 2020

Ms. Wendy Tabone Project Manager TRC Companies 10550 Richmond Ave, Ste 210 Houston, Texas 77042 [email protected]

Re: Request for Information Proposed Lobo to Corazon 345-kV Transmission Line Project

Ms. Tabone,

We are in receipt of your letter dated February 7, 2020 requesting information within the boundary limits of your proposed 345 kV transmission line project. We have compared the site plan provided in your letter with our boundary (attached) and your project lies outside of the jurisdictional boundary of the Webb County Drainage District No. 1. As a result, we do not offer any feedback at this time.

Sincerely,

CRANE ENGINEERING CORP. Firm # F-3353 6&*#44- -'*«-2 Eclward D. Garza, P.E., CRIvi ~ Webb County Drainage District Engineer

Enclosure

CC: Ms. Margie Arce - WCDD President Ms. Sara Sanchez - WCDD Treasurer Mr. Luis Perez Garcia, P.E. - Webb County Engineer

1310 Junction Drive, Suite Laredo, Texas 78041 (956) 712-1996 Fax: (956) 712-2378 2111 10550 Richmond Ave. T 713.2441000 ¢) TRC Suite 210 TRCcompanies.com Houston, TX 77042

February *,2020

Webb County Drainage District 1 Ms. Marge Arce President 415 Shiloh Drive Laredo, TX 78040

Re: Request for Information for the Proposed Lobo to Corazon 345-kV Transmission Line Project Webb County, Texas

Dear Ms. Arce:

Electric Transmission Texas, LLC (ETT) is proposing to design and construct a new 345-kilovolt (kV) transmission line northeast of Laredo in Webb County, Texas to interconnect to a proposed solar generation development. The proposed transmission line will begin at the existing ETT Lobo Station, which is located approximately 11.5 miles northeast ofLaredo and approximately 0.8 miles south ofU.S. Highway 59 and extends approximately 4.2 miles north and 0.5 miles east to the proposed Bay Ware Solar Projects, LLC Corazon Substation. This proposed transmission line will require a 150-foot wide right-of-way.

TRC Environmental (TRC) is preparing an Environmental Assessment (EA) for the proposed project that will support ETT's application for a Certificate of Convenience and Necessity from the Public Utility Commission of Texas (PUCT). TRC is in the process ofcollecting and evaluating environmental data for the study area. As part ofthis effort, we are asking that your agency/office relate any environmental or land use concerns that you may have regarding the siting and potential environmental effects from the construction ofthe proposed line in the Study Area designated on the attached map.

Additionally, if any permits, easements, or other approvals by your agency/office are required, or ifyou are aware ofany major proposed development or construction in the study area, we would also appreciate receiving this information as well. Your input on any of the following resources as they relate to your agency or office will assist the project team in evaluating the proposed project:

• Land use (current or proposed land development projects. park/recreation areas, etc.) • Aesthetics • Water quality and wetlands • Soils and geology • Wildlife, vegetation, and fisheries (including threatened and endangered species) • Socioeconomics (population, employment, growth, current/future development) • Cultural resources (historic and archeological) • Transportation and roads (airport and roadway expansions, construction, operations, and maintenance) • Cultural and historical resources

Upon approval ofa final route for the proposed project by the PUCT, ETT will determine the need for other approvals and/or permits. Ifyourjurisdiction has approvals and/or pennits that would apply to this project, please identify them in response to this inquiry. If permits are required from your office, ETT will contact your office following approval ofa final route.

AEP CONFIDENTIAL TRC appreciates your time in reviewing this and would like to thank you in advance for your comments. If you have any questions concerning this project or our request for information, please contact me at [email protected] or (979) 235-9678. We would like to receive your reply by March 6th, 2020.

Sincerely, L-J~-4.0ab-e-

Wendy Tabone Project Manager [email protected] (979) 235-9678

Attachment

AEP CONFIDENTIAL ¢> TRI Il *7 V· v·;f ~* '·,1 f<3-t'-' >4~•p¢41 (Al--,fi .~ ~, It"kl .,L·. jw ~>.,0~-L.A~2?XY·''1~i-,y,~,rit./ :.:Kl?7# - ik.Z~~Y.~. >~~Jl e,¢:. fUS

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9 B i ~ SiudyArea ~ ~ I Substaoon Figure 1 Project Study Area & Vicinity t * Exisung Transmission Lines m.ot- ~'"".,"'.l'on n,*- Proposed Lobo to Corazon ~~ * + 138 kv 0 025 05 1 ~ 3 - 345 kV ' Double-Circuit Capable 345-kV Miles 'VA ip,~i~ Transmission Line in Webb County, Texas 3" i '-B I -1...bk3 Lj :V I THIS PAGE IS OVERSIZED AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964

218 Proposed Lobo to Corazon Solar 345-kV Transmission Line Existing Environment

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Electric Transmission Texas, LLC 2-6 TRC Companies Ulj / & Associates, LLC www.jca-law.com JUAN J. CRUZ [email protected] Partner

SONYA M. GARCIA March io, 2020 [email protected] Partner CVia Certified Mail and Email: I/[email protected]) FORTUNATO G. PAREDES [email protected] Ms. Wendy Tabone Partner Project Manager STEPHEN TRAUTMANN, JR. TRC Environmental [email protected] 10550 Richmond Avenue Partner Houston, Texas 77042

JAIME GARCIA RE: Public Information Request [email protected] Associate Dear Ms. Tabone: LISA M. PAUL [email protected] Our Law Firm represents the United Independent School District Associate ("UISD"). This is in response to your March 5,2020 Public Information Request for Information regarding a proposed 4·2 mile electric transmission line MARIO PEREZ, JR. [email protected] ("Project") in Webb County, Texas beginning at the existing Electric Associate Transmission Texas, LLC "Lobo Station" to a proposed BayWa Solar Project (Corazon Energy, LLC) site located Northeast of Laredo, Texas. It is my of counsel: understanding, your company, TRC Environmental is preparing an MICHELLE K. BARTLEY environmental assessment for the Project site to support Electric Transmission [email protected] Texas, LLC's application to the Public Utility Commission of Texas for a "Certificate of Convenience and Necessity" regarding the Project. In your public ANDREW BORREGO information request you are requesting my client relate to your company, any [email protected] related environmental or land use concerns regarding the construction of the proposed line. You requested from UISD "any of the following" resources as they STEPHANIE M. BROSIG [email protected] relate to the Project:

BEVERLY DAVIDEK • Land use (current or proposed development projects, park recreation [email protected] areas, ete.) • Aesthetics Address: • Water quality and wetlands LAREDO • Soils and geology 216 West Village Blvd. Suite 202 • Wildlife, vegetation, and fisheries (including threatened and endangered Laredo, Texas 78041 species) Phone: (956) 717-1300 • Cultural resources (historic and archaeological) Fax: (956) 717-0539 • Transportation and roads (airport and roadway expansions, construction, operations, and maintenance) SAN ANTONIO 10500 Heritage Blvd. • Cultural and historical resources Suite 205 San Antonio, Texas 78216 Additionally, you are requesting, and information regarding permits, Phone: (210) 465-7440 easements, or other approvals, from UISD regarding the Project. The Public Fax: (210) 465-7456 Information Act only applies to information already in existence and in the custody and control of UISD.l Further the Public Information Act does not require UISD to prepare new information in response to a request.2 The information you have requested from my client is not in my client's possession nor does it exist.

Corazon Energy, LLC approached my client regarding a proposed tax limitation agreement under Chapter 313 of the Tax Code. You can view a copy of the application on my client's website at www.uisd.net/201919 2 under the Finance Heading. The same information is posted on the Texas Comptroller's website at https://comptroller.texas.gov/economv/local/ch.913/agreement-docs-details.php?id=1441. The State Comptroller approved Corazon Energy, LLC's tax limitation application on February 20, 2020. Although, the project, when finished, is located within the territorial limits of UISD, the land where the project is to be located belongs to a private landowner. Further, the area where the project is to be located is in Webb County. The information you seek including any Right of Way ("ROW") permitting should be addressed to the Webb County Planning Department in care of Ms. Rhonda Tiffin, Planning Director. Ms. Tiffin can be reached at 1110 Washington Street, Suite 302, Laredo, Texas 78040, Further, if construction of the transmission line involves public property, you may need to go through Webb County for the temporary construction easement.

If you have any questions or concerns concerning this letter, please do not hesitate to contact rne.

Sincerely, J. Cruz & Associates, LIa 0

Fortunato G. Paredes Attorney at Law

CC~ Mr, Roberto J. Santos (Via Email) Superintendent of Schools United Independent School District

Mr. Eduardo Zuniga CVia Email) Associate Superintendent Student Support Services

1 Tex. Gov't Code Ann.§§ 552.002, 552.021, 552.227, & 552.351. 1 A& T Consultants, Inc. v Sharp , 904 S . W . 2d 668 , 676 ( Tex . 1995 ): Fish vs . Dallas Indep . Sch . Dist., 31 S . W . 3d 678 , 681 (Tex. App.-Eastland 2000, pet denied); Tex. Att. Gen. H-90 (1973); Tex. Att. Gen. ORD-Nos.452 (1986) at 2-3

J. Cruz & Associates, LLC I 2 Proposed Lobo to Corazon Solar 345-kV Transmission Line

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Electric Transmission Texas, LLC TRC Companies APPENDIX B - Delineated Features Maps

223 Proposed Lobo to Corazon Solar 345-kV Transmission Line

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Electric Transmission Texas, LLC TRC Companies THIS PAGE IS IN COLOR AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964

225 THIS PAGE IS IN COLOR AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964

226 THIS PAGE IS IN COLOR AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964

227 THIS PAGE IS IN COLOR AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964

228 THIS PAGE IS IN COLOR AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964

229 Proposed Lobo to Corazon Solar 345-kV Transmission Line

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Electric Transmission Texas, LLC TRC Companies APPENDIX C - Easement Survey

231 Proposed Lobo to Corazon Solar 345-kV Transmission Line

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Electric Transmission Texas, LLC TRC Companies EXHIBIT "A-1" CORAZONRANCH 150'WIDE TRANSMISSION EASEMENT

Neo'40'06'E-2.74170' - SOUTH 15(10(f 1 POINT OF VA Se@'40'065*-250164' 21'tsE?S FCLN) r M'E rt}ICE Cte€71 PO(NT OF ,„2112572:lti f / h BEGINNING~ Ae,ih•••t c-r[/ I~ thi Tr«{ ccrt•d LEGAL DESCFCPTICN # 7 A.d,1* La. l.•.o.; V.l 1 /. Wtty /- 4 134 Cf'R.W.C.T: Aprl 23. 1•7D. r

mANWISION EASEMENT 97 742 ACRES 1 CORAZON RANCH pc232Y*2 Ce C. RANCH, LTD. OP R W CT "7185 ACRES '~- "2·0'lr'-iu SURVEY 2029 (SO•TB¢9£R 01, =02) R. UATDE,%9 L/ ABSTPACT 2358

5tr=9 150' WIDE TRANSMISSION AmTRACY 31*4 EASEMENT /7 55.72 ACRES

1

t~MO ENTERPRISES. Lle < ~ tt NOATIZ RANCH' TRACT H-1 ZOOS ACRES / Wl. 111*. PCS 7*2-733 SURVEY ZOOS c.c & sr. RR. ca SURYEN ZOOS (FEIRUARY 13. tm,) / C C. & Sf RR. Ctl ABSTRACT 1196 ADSTRU:r t?US 1 -1 LEGEND t ///// l = tSO' WIDE EASEMENT MATCHUNE W = CORAZON BOUNDARY --- - = SURVEY UNE ------= EXISTING EASEMENT ------= COUUEHCIHG UNE

WARNtNG: BASIS OF BEARING- G.P.S . TX. SOUrH CENTRAL- ZONE. NAD-27 TMS PLA1 MAY NOT SHOW ALL CRC)5SWGS OF PIPEUNES OR CABLES. HOf'LAND ENNNEERING AND SHEET: 1 OF 6 SURVEWNG CO. INC ASSUMES NO RESPONSIBILJrr TO LOCATE APEUNE OR CABLE CROSSINCS NO Ct.AN IS HEREBY UADE REGARDING CURRENT OR ACTUAL SURFACE/UINERAL FEE M#NERSH'P OR LESSOR. TMS DRAWING IS MADE EXCLUSMO-Y FOR BKYWA CO. 150' WIDE EASEMENT COPYRIGHT HOWI.UK) ENC[NEER[NC AND SURVEY»JG CO., INC. 2020¢> HOWLAND Total Surface Area: 55.72 Acres ENGtNEERING AND SURVEYING CO TBPE Flim Rlg~tnl Jon No F-4097 TBPLS FDm Raglstrivon No. 10464.Oa TOPLS Flml A,g,itfaicn No 10194361 7615 N BDN,HAverue Lbredo, TX.70041 P. MG.7224111 4902 Sif•d@ir RI*d Sin Anlor.Io, TX. 7&222 P. 210648160C CORAZON RANCH SURVEY wWw howlandcompanlos.com CHECKED BY: DRAWN BY: E.G. SURVEY 2029, R. MATTHEWS, ABSTRACT 2368, SURVEY 2006, G.C & S.F, R.R. CO, ABSTRACT 3196; SURVEY 2382, M.B. VOLPE, FIELD DATE: JOB No. 25336-19 ABSTRACT 3257; SURVEY 2011, 8.W. DAY, ABSTRACT 2834 FIELD: PG. FlLE NAME: WEBB COUNIY, TEXAS MATCHUNE W EXHIBIT "A-2" CORAZON RANCH 150' WIDE TRANSMISSION EASEMENT

SURVEY 2382. WB. VOLPE ARSIRACT 3257

TRANSMISSION EASO[EMT 97.742 ACRES V'OL 2551 PCS. 322-342 OAR.WC.T. J-6

CORAZON RANCH CB.G. RANCH, LTD, 8.67188 ACRES ~~ ~~~A~C~-537 (SEPrD·UN CM. 2>)3)

suffer :aoo CC * iF. R.JZ CO. ;KBSTIUCT 2950

SUR€r 20: t ~JWAAY~# WEBB COUNTY, TD

- 150* WIDE TRANSMISSION EASEMENT #7 55.72 ACRES

PI>T CF ¥AY £AXMLNT 7# F * 7./Cafl -

tto Q :- -7, *// .... LEGEND Noz:NW -0 SURVEY 1 &06 SI021'ta'E .„, C C & Sf. P.R. CO. STATE 180' WtDE EASEMENT 2952 I t ///// 1 = ASSTW£·7- = CORAZON BOUNDARY N002¥+4~¥/ /4--*) - 20158' -\ ------·-· ·= SURVEY UNE ------= EXISTING EASEMENT ii**9 ------= COMMENCING UNE r-fi

SRB'12:Noregi g c~22:op,&&„WGSOMMBC;=m-,12.Vk:rw7 SHEET: 2 OF 6 SURIDWG CO, INC. ASSUIE5 NO REEPONS[KLfrr TO LOCATE PIPELWE OR CABLE CROSSINGS NO CUIU 15 HERGY U,DE AEGARD·NO CURRENT OR ACTUAL SURFACE/MINERAL FEE 0¥mERSHIP OR LESSCR THIS DRAWING IS UADE EXCUJSNELY FOR BAn¥A CO. 150' WIDE EASEMENT COPYRIGHT HOWLAND ENGDNEER:NG AND SURVE#NC CO, INC 2020© HOWLAND Total Surface Area: 55.72 Acres ENGINEERING AND SURVEYING CO. T BPE FI,m Ileoliuatlon .FA097 IBM.S Flm, Raglttrpdon ND. 10045+CO TBPLS Fi,m Roe'a,roi=I NI. 1019061 7815 N, *Nil Avenue Lnrcdc, TX. 75041 P. 256.722 4411 4902 Slrclalf Raad SIn An·.crle, TX. 78222 P. 2,U,E. 1600 CORAZON RANCH SURVEY www.howlandcompanles.com CHECKED BY: DRAWN BY: E.G SURVEY 2029, R. MATTHEWS, ABSTRACT 2358; SURVEY 2006, G.C. & S.F. R.R. CO., ABSTRACT 3196; SURVEY 2382, M.8. VOLPE, FIELD DATE: JOB No, 25336-19 ABSTRACT 3257; SURVEY 2011, 8.W. DAY, ABSTRACT 2834 FIELD: PG. FILE NAME: WEBB COUNTY, TEXAS :%-·t· H %{*' ENGINEERING AND SURVEYING CO.

EXHIBIT"A"

FIELD NOTES FOR BAYWA CO. CORAZON RANCH SURVEY 150' WIDE TRANMISSION EASEMENT

A Tract of land containing 55.72 Acres, more or less, siluated in Survey 2029, R. Mathews, Abstract 2368; Survey 2382, MB. Volpe, Abstract 3257; Survey 201 I, B.W. Day, Abstract 2834; Sunrey 2006, G.C. & S.F. R.R. Co., Abstract 3196; Webb County, Texas, Being out of the portion north of State Highway 59, of the Corazon Ranch, called to contain a total of 8,673.86 acres, conveyed to G.B.G. Ranch, LTD., as recorded in Volume 2175, Pages 527-532, Official Public Records ofWebb County, Texas. This 55.72 acre tract being more particularly described as follows:

COMMENCING at a found 5-inch pipe being the northwest corner of Ranchitos Las Lomas, as recorded in Volume 3, Page 13A, Plat Records of Webb County, Texas, on April 23,1979; THENCE, S 89°50'37" W, a distance of 5,194.12 feet, forthe POINT OF BEGINNING and an exterior corner of this tract;

THENCE, S 89°40'06" W, a distance of2,592.84 FEET, for an interior corner hereof;

THENCE, S 00°19'54" E, a distance of 931.37 FEET, for a point of deflection light hereof; THENCE, S 00°13'54 E, a distance of5,991.50 FEET, for a point of deflection left hereof; THENCE, S 00°27'54" E, a distance of 4,513.40 FEET, for a point of defiection left

hereof; -A,oiE39 jFU,t-W THENCE, S 00°28'59" E, a distance of 820.63 FEET, for a point of defiection left 9'4 y hereof; fi33'2,2

THENCE, S 10°32'18" E, a distance of 966.83 FEET, to a point on the common boundary line of said Corazon Ranch and State Highway 59, for the southeast corner hereof; llI

---rL+'-

I SHEET 3 OF 6 1,

H:\HOWLAND\SURVEYING DEPARTMENT\Jobf\2019\25336-19\Metes & Bounds\CORAZON RANCH 150FT Irt TRANSMISSION EASEMENT EXHIBITS (LEGAL #7-#8).docx ·4£ u 8 21 ·· - & €;7, n .1 www.howlandcompanies.com 'Jl,141' | rr,,|1 'NV L '7*'1 '10.i"*'Lltltt 1, 7615 N. Bartlett Avenue , P.O. Box 451128 (78045) . Laredo, TX 78041 P. 956.722.4411 , F. 956.441.0180 412=,7:-9 4902 Sindair Road , San Antonio, TX 78222 P. 210.648.1600 , F. 210.648.1605 T8PE Firm Registration No. F-4097 , TBPL5 Firm Registration No. 100464-00 t TBPLS Firm Registration No. 10194361 •.."."ibi# &4 iii N*PA

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THENCE, S 75°31'51" W, along the common boundary line of said Corazon Ranch and State Highway 59, a distance of 230.38 FEET, for the southwest corner hereof;

THENCE, N 00°20'44" W, a distance of 203.58 FEET, for a point of deflection left hereof;

THENCE, N 07°20'58" W, a distance of 800.83 FEET, for a point of deflection right hereof;

THENCE, N 00°28'59" W, a distance of 829.63 FEET, for a point ofdefiection right hereof;

THENCE, N 00°27'54" W, a distance of4,513.75 FEET, for a point ofdeflection right hereof;

THENCE, N 00°13'54" W, a distance of 5,991.68 FEET, for a point of deftection left hereof;

THENCE, N 00°19'54" W, a distance of 1,081.23 FEET, for an exterior corner hereof;

THENCE, N 89°40'06" E, a distance of 2,743.70 FEET, for an exterior comer hereof;

THENCE, SOUTH, a distance of 150.00 FEET to the POINT OF BEGINNING of this 55.72 acre tract of land, more or less.

CORAZON RANCH G.B.G. RANCH LTD. (SURFACE OWNER) SURFACE AREA = 55.72 ACRES

Basis of Bearing: G.P.S., TX. South Central Zone, NAD-27 GWt'---,,/-<'-/2~ h-' 2 ttlf~i J,t.. _,- =.E: €SR+0 - 1WJ#~J.+V-- 9, r€ -t_g-,_ T- --4/fy-i- -/ 4-*U+3:ZJy5 l_--- t t=g - 1 SHEET 4 OF 6 073~Abi . -- --ta:2& =1 3, --_13=t- -1 --1=.r 1.r: H:\HOWLAND\SURVEYING DEPARTMENT\Jobs\2019\25336-19\Metes & Bounds\CORAZON RANCH 150FT AY:gi:.*-· TRANSMISSION EASEMENT EXHIBITS (LEGAL #7-#8).docx :YRM>c ~ _ ·' - 2- A'W-.·*3-=t.-G-- *.izerj¥2:-(2-E--.· www.howlandcompanies.com r- 7615 N. Bartlett Avenue , P.O Box 451128 (78045) , Laredo, TX 78041 P. 956.722.4411 , F. 956.441.0180 -67332% 4&6- 1-- . - - 4902 Sinclair Road , San Antonio, TX 78222 P. 210.648.1600 , F. 210.648.1605 TBPE Firm Registration No. F-4097 , TBPLS Firm Registration No. 100464-00 , TBPI5 Firm Regtstration No. 10194361 EXHIBIT "B" CORAZON RANCH SURVEY 18(6 Cll Jr E. K U Co. i Itw.5//\ 15' 0 ' WIDE TRANSMISSION EASEMENT ABSTRACT 2359 07. K/_ 2551 1 322-342 '£%=rtn° 'ftPPBKCr 5% / ~Cl .Mt~f%:r7-«" OUNE [ 1 2034 1 -€1€ 3' 30e .-- <- Nmal'8/E 5 ----- Xls~ E,UD#0¥7 >3.MEZE>€220~~ '5.glo AOES -I.2~r- - - Ml 253:. Pcx 17d-2&5 po~NT ar~~ N 7501 '51 ' E aa ,KWC . I -*-- W=8 * Fwr #*- . 1$4.68' rlzu ~fe~L POINT OF Seiy Yon Blr. alr BEGINNING -Gt

C i €Ee, J- ' EJ 11 'f 'el t €E : *%%2 · VCL FU PGS $27-317 ap.R.ktrcr. Mlz 3 (.Pttu,5£? Cl 2006)

PESC4O,m LlC kx-,3£&0>40, . Al 74 UJNC U 20® 150' WIDE TRANSMISSION %% 111 /L EASEMENT 58 / 1144 ACRES Ill SURVEY lp06 CC a S F. RA CO ABSTPACT 2959 sl~y2'° 1{1" B 1| i,**4n,5 AOST?UCT 2/J

4- /.1/. *1%l * ; m,Ng,!ts,204 9. CATE

" a,Cnm2ttyr=M 31354 ACRES % VOL 2744. PCs 0135-&31 QPJ?./C T· (AF4* TA 2009) N=D.m=ZZ,LIR TRACT h'-; - 15 £5 AO,£5 4. !2IP. PCR 781.703 CR';4.aL {FEBIUARr tg. tgv) G•m r-,7 G•rr F 3· rl& nNcf UNE 3* "R. LEGI 'Z7;~rz / / / /1 = 150' WlD[ EASEMENT SURVEY 1499 OP,R.*at G.C k SJ. R,#. CO. (Apel 24 2009) = CORAZON BOUNDARY ABSTRACT 1393 = SURVEY UNE = OasnHG EASEWEHT = COWWENC{NG LINE

WARNING: BASIS OF BEARING, GAS., TX, SOUTH CENTRAL ZONE, NA[)-27 THIS PLAT MAY NOT SHOW ALL CROSSINGS oF PiPEUNES OR C•BLES. HOWLAND ENGINEERING AND SHEET: 5 OF 6 SURVCIHG CO. »C ASSUMES HO RESPONSeilm m LOCAE PIPELJNE OR C•Btf CROSSINGS. HO CUIM IS HEREBY W.OE REGARD,NC CURRENr OR ACTUAL SURFACE,AJINUW. FEE OWNERSHIP OR UESSOR. T}1!S DIVYANG IS UADE ED;CLUSWEL¥ FOR BAYWA CO.. 150' WIDE EASEMENT COPYRIGHr HOWLANO ENGINEERING AND SURVEnNG CO, INC, 2020 0 HOWLAND Total Surface Area: 13.44 Acres ENGINEERING AND SURVEYING CO. TBPE Ft,m ftigt,IABI Nck F4007 TBPLS FI,m RI,0:Ualon No 100·IR:·OC IBPLS Firm RogdWDAM No t0194361 7815 N. BMU,IAI,rrw, lillie, TX 7804, P. 056,722.4•lt 4902 5*dak Rid San AreNo, TX 18222 P. 210 64 t600 CORAZON RANCH SURVEY www.howlandcompanles.com CHECKED BY: DRAWN BY: E,G. SURVEY 2011, 8.W. DAY, ABSTRACT 2834; FIELD DATE: JOB No. 25336.1-19 SURVEY 2010, B.W. DAY. ABSTRACT 2833 AELD: PG. FILE NAME: WEBB COUNTY, TEXAS MOWLaub ENGINEERING AND SURVEYING CO. EXHIBIT "B"

FIELD NOTES FOR BAYWA CO. CORAZON RANCH SURVEY 150' WIDE TRANMISSION EASEMENT

A Tract of land containing 13.44 Acres, more or less, situated in Survey 2010, B. W. Day, Abstract 2833; Survey 2011, B. W. Day, Abstract 2834; Webb County, Texas. Being out of the portion south of State Highway 59, of the Corazon Ranch, called to contain a total of 8,673.86 acres, conveyed to G.B.G. Ranch, LTD., as recorded in Volume 2175, Pages 527-532, Official Public Records of Webb County, Texas. This 13.44 acre tract being more particularly described as follows:

COMMENCING at a found 4-inch pipe fence comer being on the west boundary line of said Corazon Ranch, same being on the south right-of-way line of State Highway 59 and the common boundary line of said Survey 2010 and Survey 1806, G.C. & S.F. R.R. Co., Abstract 2959, Webb County Texas; THENCE, N 75°31'51" E, along the common boundary line of said Corazon Ranch and south right-of-way line of State Highway 59, a distance of 360.95 feet, to a Fioint on the same conunon boundary line, for the POINT OF BEGINNING and the northwest corner of this tract;

THENCE, N 75°31'51" E, along same common boundary line, a distance of 154.68 FEET, for the northeast corner hereof; THENCE, S 00°20'44" E, a distance of 3,923.31 FEET, to a point on the northern boundary line of a 35.35 acre Transmission Site, as recorded in Volume 2746, Pages 821- 832, Official Public Records of Webb County, Texas, for the southeast comer hereof; THENCE, S 89°40'47" W, a distance of 150.00 FEET along boundary line of said 35.35 acre Transmission Site for the southwest comer hereof; THENCE, N 00°20'44" W, a distance of 3,885.50 FEET, to the POINT OF BEGINNING ofthis 13.44 acre tract of land, more orless.

CORAZON RANCH G.B.G. RANCH LTD. (SURFACE OWNER) SURFACE AREA = 13.44 ACRES

Basis of Bearing: G.P.S., TX. South Central Zone, NAD-27 2¥A t:P:= ' SHEET 6 OF 6 4- 1'*<- . rl- 1. W«- 111 .'' 1.-R45 '57,1%-*-2 £ :J - b H:\HOWLAND\SURVEYING DEPARTMENT\Jobf\2019\25336-19\Metes & Bounds\CORAZON RANCH ISOM •' -j-•, r- -1' 74, TRANSMISSION EASEMENT EXHIBITS (LEGAL #7-#8}.docx k -* /*31+7#-4

IL+175241-€@-? ,-tft-3:Ir.Ck'-1-t www.howlandcompanies.com Iifgyyi*'I:- 7615 N . BartlettAvenue , P . O . Box 451128 ( 78045 ) , Laredo, TX 78041 P . 956 . 722 . 4411 , F . 956 . 4410180 .a . 1 ,2~Z -, 2. 4902 Sinclair Road , San Antonio, TX 78222 P, 210.648.1600 , F. 210.648.1605 TBPE Firm Registration No, F-4097 , TBPLS Firm Registration No. 100464-00 , TBPLS Firm Registration No, 10194361 Proposed Lobo to Corazon Solar 345-kV Transmission Line

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Electric Transmission Texas, LLC TRC Companies '2 TRC 10550 Richmond Avenue, Suite 210 Houston, TX 77042

240 PUC Docket No. 50964 Attachment 2 Page 1 of 10

Electric Transmission Texas 400 W. 15th Street, Suite 1520 Austin, Texas 78701 Electric Transmission Texas

Application of Electric Transmission Texas, LLC ETT Lobo-Corazon 345-kV Transmission Line Project

CONSENSUS ROUTE AGREEMENT

Electric Transmission Texas, LLC (ETT) will seek approval from the Public Utility Commission of Texas (PUC) to construct a transmission line to interconnect the ETT Lobo Station to the BayWa r.e. Solar Projects, LLC Corazon Substation single-circuit 345-kV transmission line. ETT will propose that the PUC approve a Consensus Route that is agreed to by each owner of property that is directly affected by the route (Consensus Landowner). ETT will include this Consensus Route Agreement with its Application to demonstrate the involvement of the Consensus Landowners in the route evaluation process.

• ETT and the undersigned Consensus Landowner agree that the PUC should approve the Consensus Route that, will be presented for consideration by the PUC in ETT's Application to Amend its Certificates of Convenience and Necessity, and as shown on the map included with this Agreement as Attachment A.

• This Agreement does not serve to limit the participation of the Consensus Landowners in the regulatory proceeding before the PUC or any other jurisdiction.

• This Agreement does not serve to grant any propeity interest to ETT, including but not limited to an easement for the Consensus Route; and does not release ETT of its obligation to negotiate a fair and reasonable compensation for an easement for the Consensus Route.

• If the PUCT does not approve the Consensus Route within 24 months of the date of execution of this Agreement, this Consensus Route Agreement will become null and void without any further action by any party.

By executing this Agreement, signatory that he or she is authorized to sign this Agreement on behalf of the person or entity represented and signifies support of this Consensus Route Agreement. Papo tye-ito Glr-tnerg; Ltk, P.r#n€2. &7 : 8e,ri CO(•2.04,LLG GeAer•.1 By ·. / L€ 6J tp Date : rh ) ) 61 , 2020

For: Parcel ID No. 204132 Consensus Landowner l

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STATION \ -3 -;4 «3 t i ~.1\ i- ,<

PUC : - Consensus Route Parcel Boundary ETT -4- Consensus Route ~ Proposed Lobo to Corazon I Susbtations - Road E{ectrtc Tronstn®on Texas Docket Single-Circuit 345-kV 3 -- Existing AEP Transmission Line D 5001.000 2,000 Transmission Line in Attachment Feel Page 1 inch = 3,500 feel t>TRC Webb County, Texas

No.

By: 1/vk 2 Date: 9 M , 2020 50964 of

PAPOMEMITO PARTNERS LTD For: Parcel ID 204132 10 Consensus Landowner 2 Zl'Z PUC Docket No. 50964 Attachment 2 Page 3 of 10

Electric Transmission Texas 400 W. 15th Street, Suite 1520 Austin, Texas 78701 Electric Transmission Texas

Application of Electric Transmission Texas, LLC ETT Lobo-Corazon 345-kV Transmission Line Project

CONSENSUS ROUTE AGREEMENT

Electric Transmission Texas, LLC (EIT) will seek approval from the Public Utility Commission ofTexas (PUC) to construct a transmission line to interconnect the ETT Lobo Station to the BayWa r.e. Solar Projects, LLC Corazon Substation single-circuit 345-kV transmission line. ETT will propose that the PUC approve a Consensus Route that is agreed to by each owner of property that is directly affected by the route (Consensus Landowner). ETT will include this Consensus Route Agreement with its Application to demonstrate the involvement ofthe Consensus Landowners in the route evaluation process.

• E'IT and the undersigned Consensus Landowner agree that the PUC should approve the Consensus Route that will be presented for consideration by the PUC in E'IT's Application to Amend its Certificates of Convenience and Necessity, and as shown on the map included with this Agreement as Attachment A. • This Agreement does not serve to limit the participation of the Consensus Landowners in the regulatory proceeding before the PUC or any otherjurisdiction. • This Agreement does not serve to grant any property interest to ETT, including but not limited to an easement for the Consensus Route; and does not release ETT o f its obligation to negotiate a fair and reasonable compensation for an easement for the Consensus Route. • If the PUCT does not approve the Consensus Route within 24 months of the date of execution of this Agreement, this Consensus Route Agreement will become null and void without any further action by any party. By executing this Agreement, signatory that he or she is authorized to sign this Agreement on behalfof the person or entity represented and signifies support o f this Consensus Route Agreement. PA'fo,14+Bitfl> PkA•a/Crlu5 Lfb, 87: 8 4·7,/ U>4'2.* .·/ A.L C; <&&,J&,2.4-4 ?*,t'74-4- By- »Ly -f Date: »"2 \1 ,2020

For: Parcel ID No. 204828 Consensus Landowner /f /

' 1 L PAPOMEMITO PARTNERS LTD .. 11 . \

/ RhPROPOSED (EZIK?IEE'm~E) --@IMo&1¤i v PAPOMEMITO |~ | CORAZON PARTNERS f SUBSTATION 204828 LTD .- i {ZmE[ZZ~IDE7mD_. mid

/ -PKPOMEMITO MHorn ---~--f~ I.Ii. h / PAR-NERS,LTD her '' ----7 - ) . ,

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- \ \ j / . J / , //3 - , County 1-i·LECTRIC EXISTING ~ - LOBO l eNSMiSSION Consensus 'T STATION -,i EXAS'LLC SCI;Ddre. Sll-PROJECTBETTU73800_LoboCQIezonV,1XDK:onsertwLRoute_lekslPAPOMEMfTO-Z-204828m Route ~ Susbtations -'f PAPOMEMITO ETT, Pah J r-7 !1 PARTNERS Parcel 1 LTD - Boundary 0©cument Source:AER Road t IT .t,1 ZA,A,; LL PAPOMEMITO C,· PARTNERS 0 5001000 LTD Date Trr : 2.000 Etcctifc t ' Transmlss!0nAF Fyvt i Feel For: ~ To toi , 1 inch Consensus . t/Z Parcel 2020 = 3.500 ID ioel Proposed 204828 Route <> Single-CircuitLobo TRC to Corazon

Transmission 345-kV PUC Webb Line

County, In

Texas Docket

Att Att

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No. No.

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50964 50964

flo flo

nt nt 2 2 PUC Docket No. 50964 Attachment 2 Page 5 of 10

Electric Transmission Texas 400 W. 15th Street, Suite 1520 Austin, Texas 78701 Electric Transmission Texas

Application of Electric Transmission Texas, LLC ETT Lobo-Corazon 345-kV Transmission Line Project

CONSENSUS ROUTE AGREEMENT

Electric Transmission Texas, LLC (ETT) will seek approval from the Public Utility Commission of Texas (PUC) to construct a transmission line to interconnect the ETT Lobo Station to the BayWa r.e. Solar Projects, LLC Corazon Substation single-circuit 345-kV transmission line. ETT will propose that the PUC approve a Consensus Route that is agreed to by each owner of property that is directly affected by the route (Consensus Landowner). ETT will include this Consensus Route Agreement with its Application to demonstrate the involvement of the Consensus Landowners in the route evaluation process.

• ETT and the undersigned Consensus Landowncr agree that the PUC should approve the Consensus Route that will be presented for consideration by the PUC in E'IT's Application to Amend its Certificates of Convenience and Necessity, and as shown on the map included with this Agreement as Attachment A,

• This Agreement does not serve to limit the participation of the Consensus Landowners in the regulatory proceeding before the PUC or any otherjurisdiction

• This Agreement does not serve to grant any property interest to ETT, including but not limited to an easement for the Consensus Route; and does not release E'IT of its obligation to negotiate a fair and reasonable compensation for an easement for the Consensus Route.

• If the PUCT does not approve the Consensus Route within 24 months of the date of execution o f this Agreement, this Consensus Route Agreement will become null and void without any further action by any party. By executing this Agreement, signatory that he or she is authorized to sign this Agreement on behalf of the person or entity represented and signifies support of this Consensus Route Agreement. PA-A>AkM,7# 7;,OVU·S 4 71> 6 7: 8*d

By:, , /A Date: tv\R\'1 \ 1 ,2020 U

For: Parcel ID No. 205091 Consensus Landowner I 1 1 --2»- Ii (ETRm'YDQ:B PAPOMEMITO Nic - 1 / PARTI~RS LTD /~~~ZX. / hihPROPOSED CORAZON Ii I SUBSTATION /., ; I. m™./~ 1

PAPOMEMITO / PARTNERS LTD , / -»:5 r /// -PAPOMEM1TO r -PARTNERS·l:TD 205D91/ -«>., , h h \ , , i

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Date: . 1

-/ LE LECTRIC . ---'/--K--,- / 7 .,1 1 F) NSNHSSION ~ ; | 'TEXAS'LLC PAPOMEMITO EXBHNG LOBO PARTNERS LTD j STANON i ' t-£31 ' PUC County -lqw EL . - Consensus Route Parcel Boundary mih m

Childress Proposed Lobo to Corazon I Susbtations Eiectric T,ansmllsjon Texas Docket

& -- Road S,\1·PROJECTS\ETI\373800.loboCorazonWIXD\Con5en505-Route_lellefs\PAPOMEMITO_3_205091 Single-Circuit 345-kV Err, Err, Existing AEP Transmission Line D 500!,DOO 2,000

Path. Transmission Line in Attachment

Feet Page 1 inch = 3,500 feet <>TRC Webb County, Texas No.

Source.AEP, Source.AEP,

Doa,menl n. J~. a. w. 9, ,Lf.r·

By: ~~•~•.-2~-> 6 Date. f'l A 4 )1 ,2020 50964 1 of

PAPOMEMITO 9 -y- 10 PARTNERS LTD For: Parcel ID 205091 Consensus Landowner 2 91~Z PUC Docket No. 50964 Attachment 2 Page 7 of 10

Electric Transmission Texas 400 W. 15th Street, Suite 1520 Austin, Texas 78701 Electric Transmission Texas

Application of Electric Transmission Texas, LLC ETT Lobo-Corazon 345-kV Transmission Line Project

CONSENSUS ROUTE AGREEMENT

Electric Transmission Texas, LLC (ETT) will seek approval from the Public Utility Commission of Texas (PUC) to construct a transmission line to interconnect the ETT Lobo Station to the BayWa r.e, Solar Projects, LLC Corazon Substation single-circuit 345-kV transmission line. E'IT will propose that the PUC approve a Consensus Route that is agreed to by each owner of property that is directly affected by the route (Consensus Landowner). ETT will include this Consensus Route Agreement with its Application to demonstrate the involvement of the Consensus Landowners in the route evaluation process.

• ElT and the undersigned Consensus Landowner agree that the PUC should approve the Consetisus Route that will be presented for consideration by the PUC in EIT's Application to Amend its Certificates of Convenience and Necessity, and as shown on the map included with this Agreement as Attachment A.

• This Agreement does not serve to limit the participation of the Consensus Landowners in the regulatory proceeding before the PUC or any otherjurisdiction.

• This Agreement does not serve to grant any property interest to ETT, including but not limited to an easement for the Consensus Route; and does not release ETT of its obligation to negotiate a fair and reasonable compensation for an easement for the Consensus Route.

• If the PUCT does not approve the Consensus Route within 24 months of the date of execution ofthis Agreement, this Consensus Route Agreement wiI1 become null and void without any further action by any party. By executing this Agreement, signatory that he or she is authorized to sign this Agreement on behalf of the person or entity represented and signifies support of this Consensus Route Agreement. F ji#·DK£*2*0/ '%£(~ C,2.,)6-~+L ?4-/l7£*WL A By : /(4 - ga> 4 Y Date : ~ \ 1Aay~ 11 , 2020 , K

For: Parcel ID No. 203290 Consensus Landowner \ , \\\ f-=hE' \ -PAPOMEMITO €BmIKmlraea:B / -..-- < PARTNERS LTD / j 20329%:- / X4 , \\ ~>,PROPOSED CORAZON / |I# SUBSTATION jI i' E,xtrRrnwrzmm:g?ra

' PAPOIAEMITO , ' PARTNERS LTD / \ /7 i ' // -'S: PAPOMEMITO PAR -NERS LTD ' / f\ >555+ . f # /// 1 /$ / 7- t t ,

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Dalo:3/5/2020 A / Ill 01 / kELECTRIC j i /--x-F i / .»NSMiSSION i '*TEXAS'LLC i PAPOMEMITO P-h f PARTNERS LTD ; 1' EXISTING LOBO1----4 -'f -I STATION j ! -1 1 It 1 TI !/ 1 ti ! PUC

County - Consensus Route Parcel Boundary Em T * Consensus Route Childress Susbtations E lectric Tran3rntnlon Texas Proposed Lobo to Corazon 8 -- Road Docket Sll-PROJECTS\ET]1373800_LoboComzonWXD\Consensus_Roule~l,Uers\PAPOMEMITO_1-203290.mid Single-Circuit 345-kV ETT, ETT, - Existing AEP Transmission Line 0 5001.000 2,000 Palh: /iji,tfi/ij Transmission Line in Attachment AER Feet 1 inch = 3,500 feet *TRC Webb County, Texas Page Document Sout¢o: t 2 F,A/ 3. ·j, LJ. r No. Gl OJ M )7

FVK 8 Nci Date: ,2020 50964 of -0 > g For: Parcel ID 203290 10 2 =2 O O Stz PUC Docket No. 50964 Attachment 2 Page 9 of 10

Electric Transmission Texas 400 W. 15th Street, Suite 1520 Austin, Texas 78701 Electric Transmission Texas

Application of Electric Transmission Texas, LLC ETT Lobo-Corazon 345-kV Transmission Line Project

CONSENSUS ROUTE AGREEMENT

Electric Transmission Texas, LLC (ETT) will seek approval from the Public Utility Commission of Texas (PUC) to construct a transmission line to interconnect the ETI Lobo Station to the BayWa r.e. Solar Projects, LLC Corazon Substation single-circuit 345-kV transmission line. ETT will propose that the PUC approve a Consensus Route that is agreed to by each owner of property that is directly affected by the route (Consensus Landowner). ETT will include this Consensus Route Agreement with its Application to demonstrate the involvement of the Consensus Landowners in the route evaluation process.

• ETT and the undersigned Consensus Landowner agree that the PUC should approve the Consensus Route that will be presented for consideration by the PUC in ETT's Application to Amend its Certificates of Convenience and Necessity, and as shown on the map included with this Agreement as Attachment A.

• This Agreement does not serve to limit the participation of the Consensus Landowners in the regulatory proceeding before the PUC or any other jurisdiction.

• This Agreement does not serve to grant any property interest to EIT, including but not limited to an easement for the Consensus Route; and does not release ETT of its obligation to negotiate a fair and reasonable compensation for an easement for the Consensus Route.

• If the PUCT does not approve the Consensus Route within 24 months of the date of execution of this Agreement, this Consensus Route Agreement will become null and void without any further action by any party. By executing this Agreement, signatory that he or she is authorized to sign this Agreement on behalf of the person or entity represented and signifies support of this Consensus Route Agreement.

Apo#erni·6 Parlwerg Ud- , Gencr*f PAr-6,€t Q* 660 c•ro~un,LLC. Date: ¥»3 \7 ,2020

For: Parcel ID No, 204133 Consensus Landowner 2

10

50964 of

10 No.

Attachment Page

Docket j f

PUC <

/ » t PAFOMEMITO PARTNERS Iii LTD X3< 250 .'->d

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& 1 S.H-PROJECTEETTU73800_lobocgrazorAMXO\Ccnsensus_Route_leiters\PAPOMEMITCU_204133N Susbtalions Route | SrI PAPOMEMJTO

Path: - F-1 PARTNERb | AEP, Existing AEP Parcel 1 LTD Transmission ---- Boundary f [>oc•mint 1 Sou,oe. Road I Be,a Line £1.r..2,) n . L- k-C. PAPOMEMITO I # ' Consensus PARTNEG€LTD Landowner 0 50(,000 ETT-4 Date: 2,000 Eieectrti 1 rv~,NA Feet T,nnsmtsston 1 For: YA Tt,x / Parcel \ , 1 Inch as Consensus / ID 2020 =3,500 Proposed 204133 feet Route 4>TRC Single-CircuitLobo to Corazon Transmission 345-kV Webb Line County, in Texas DocuSign Envelope ID 7A2C1683-C789-4863-8408-74D46D1 C5C7C PUC Docket No. 50964 Attachment 3 Page 1 of 56

ERCOT STANDARD GENERATION INTERCONNECTION AGREEMENT BETVVEEN ELECTRIC TRANSMISSION TEXAS, LLC AND CORAZON ENERGY, LLC

Dated: 1/9/2020 I 12:53 PM PST DocuSign Envelope ID 7A2C1683-C789-4B63-84D8-74D46D1C5C7C PUC Docket No. 50964 Attachment 3 Page 2 of 56

TABLE OF CONTENTS

ERCOT Standard Generation Interconnection Agreement 2

Exhibit "A" - Terms and Conditions of the ERCOT Standard Generation Interconnection .4 Agreement

ARTICLE 1. Definitionq .4

ARTICLE 2. Termination... 6

ARTICLE 3. Regulatory Filingq .6

ARTICLE 4. Interconnection Facilities Engineering, Procurement, and Construction ...... 7

ARTICLE 5. Facilities and Equipment... .9

ARTICLE 6. Operation and Maintenance 12

ARTICLE 7. Data Requirements.. 13

ARTICLE 8. Performance Obligation.... 14

ARTICLE 9. Insurance 15

ARTICLE 10. Miscellaneous 16

Exhibit "B" - Time Schedule 22

Exhibit "C" - Interconnection Details 24

Exhibit "C- 1 " - Conceptual One-Line Drawing of Point of Interconnection ...... 44

Exhibit "D" -Notice Information of the Interconnection Agreement ...... 45

Exhibit "E" - Security Arrangement Detailq 47

Exhibit "E-1" - Form of Corporate Guaranty...... 49

Exhibit "E-2" - Form of Irrevocable Standby Letter of Credit 54

1 DocuSign Envelope ID: 7A2C1683-C789-4B63-84D8-74D46D1C5C7C PUC Docket No. 50964 Attachment 3 Page 3 of 56

ERCOT Standard Generation Interconnection Agreement Between Electric Transmission Texas, LLC And Corazon Energy, LLC

This ERCOT Standard Generation Interconnection Agreement is made and entered into as of 1/9/2020 I 12:53 PM PST (the "Execution Date") between Electric Transmission Texas, LLC ("Transmission Service Provider") and Corazon Energy, LLC ("Generator"), hereinafter individually referred to as "Party" and collectively referred to as "Parties." In consideration of the mutual covenants and agreements herein contained, the Parties hereto agree as follows:

Transmission Service Provider represents that it is a public utility that owns and operates facilities for the transmission and distribution of electricity. Generator represents that it will own and operate the Plant. Pursuant to the terms and conditions of this Agreement, Transmission Service Provider shall interconnect Generator's Plant with Transmission Service Provider's System consistent with the results of the Full Interconnection Study that was prepared in response to generation interconnection request #15INR0044 to ERCOT from Corazon Energy, LLC.

This Agreement applies only to the Plant and the Parties' interconnection facilities as identified in Exhibits "C" and "C-1".

This Agreement shall become effective on the Execution Date, subject to Governmental Authority approval, if required, and shall continue in full force and effect until terminated in accordance with Exhibit "A".

This Agreement will be subject to the following, all of which are incorporated herein:

A. The "Terms and Conditions of the ERCOT Standard Generation Interconnection Agreement" attached hereto as Exhibit "A"; B. The ERCOT Requirements (unless expressly stated herein, where the ERCOT Requirements are in conflict with this Agreement, the ERCOT Requirements shall prevail); C. The PUCT Rules (where the PUCT Rules are in conflict with this Agreement, the PUCT Rules shall prevail); D. The Time Schedule attached hereto as Exhibit "B"; E. The Interconnection Details attached hereto as Exhibits "C" and "C-1"; F. The notice requirements attached hereto as Exhibit "D"; and G. The Security Arrangement Details attached hereto as Exhibit "E".

2 DocuSign Envelope ID. 7A2C1683-C789-4B63-84D8-74D46D1C5C7C PUC Docket No. 50964 Attachment 3 Page 4 of 56

IN WITNESS WHEREOF, the Parties have executed this Agreement in one or more originals, each of which shall constitute and be an original effective agreement between the Parties.

Electric Transmission Texas, LLC Corazon Energy, LLC

~-FFDF186[)40524A)-~ Willi¢UH Otdle By:I kk,4~t 4* By: ~_DocuSigned By: Kip M. Fox_~ Name: Kip M. Fox Name: William Gulley

Title: President Title: Officer of Sole Member

Date: 1/9/2020 I 12:53 PM PST Date: January 8.2020

DocuSigned by: By:~tuu,644 L H•664 -

Date: 4349?6209&7 I 2 :36 PM EST

3 DocuSign Envelope ID 7A2C1683-C789-4863-8408-74046D1 C5C7C PUC Docket No. 50964 Attachment 3 Page 5 of 56

EXHIBIT "A"

TERMS AND CONDITIONS OF THE ERCOT STANDARD GENERATION INTERCONNECTION AGREEMENT

ARTICLE 1. DEFINITIONS

Capitalized terms shall have the meanings as set forth below, except as otherwise specified in the Agreement:

1.1 "Agreement" shall mean this ERCOT Standard Generation Interconnection Agreement with all its Exhibits, as it may be amended, supplemented, or otherwise modified from time to time.

1.2 "CCN" shall mean a Certificate of Convenience and Necessity issued by the PUCT.

1.3 "Commercial Operation" shall mean the date on which Generator declares that the construction of the Plant has been substantially completed, Trial Operation of the Plant has been completed, and the Plant is ready for dispatch.

1.4 "Control Area" shall have the meaning ascribed thereto in PUCT Rule 25.5 or its successor.

1.5 "ERCOT" shall mean the Electric Reliability Council of Texas, Inc.

1.6 "ERCOT Requirements" means the ERCOT Nodal Operating Guides, ERCOT Generation Interconnection Procedures, ERCOT Nodal Protocols as well as any other documents adopted by ERCOT relating to the interconnection and operation of generators and transmission systems in ERCOT as amended from time to time, and any successors thereto. Any requirement in the foregoing documents imposed upon generation entities or generation facilities shall become the responsibility of the Generator, and any requirements imposed on transmission providers or transmission facilities shall become the responsibility ofthe TSP.

1.7 "Facilities Study" shall have the meaning as described in PUCT Rule 25.198(d) or its successor.

1.8 "Fiber Optic PCO" shall mean the fiber optic point of change of ownership, where the GIF fiber optic cables connect to the TIF fiber optic cables, defined in Exhibit "C", and as shown on Exhibit "C-1" of this Agreement.

1.9 "Full Interconnection Study" shall mean the set of studies conducted by the TSP under the Full Interconnection Study Agreement consisting of the Steady-State and Transfer Analysis; System Protection (Short-Circuit) Analysis; Dynamic and Transient Stability Analysis; and Facilities Study.

4 DocuSign Envelope ID· 7A2C1683-C789-4863-84D8-74D46D1C5C7C PUC Docket No. 50964 Attachment 3 Page 6 of 56

1.10 "Full Interconnection Study Agreement" shall mean the agreement executed by the Parties relating to the performance of the Full Interconnection Study.

1.11 "GIF" shall mean Generator's interconnection facilities as described in Section 7 of Exhibit :,r.. U .

1.12 "Good Utility Practice" shall have the meaning described in PUCT Rule 25.5 or its successor.

1.13 "Governmental Authoritv(ies)" shall mean any federal, state, local or municipal body having jurisdiction over a Party.

1.14 "In-Service Date" shall be the date, as reflected in Exhibit "B", that the TIF will be ready to connect to the GIF.

1.15 "ISO" shall mean the ERCOT Independent System Operator.

1.16 "Plant" shall mean the electric generation facility owned and operated by the Generator.

1.17 "Point of Interconnection" shall mean the location(s) where the GIF connects to the TIF as negotiated by the Parties, defined in Section 2 of Exhibit "C", and as shown on Exhibit "C-1" of this Agreement.

1.18 "PUCT" shall mean the Public Utility Commission of Texas.

1.19 "PUCT Rules" shall mean the Substantive Rules of the PUCT.

1.20 "Reasonable Efforts" shall mean the use of Good Utility Practice and the exercise of due diligence (pursuant to PUCT Rule 25.198(e) or its successor).

1.21 "System Protection Equipment" shall mean those facilities located within the TIF and the GIF as described in Section 5.6 of Exhibit "A" and Section 10 of Exhibit "C".

1.22 "System Security Study" shall have the meaning as described in PUCT Rule 25.198(c) or its successor.

1.23 "TCOS" shall mean the TSP's transmission cost of service as allowed by the applicable Governmental Authority.

1.24 "TIF" shall mean the TSP's interconnection facilities as described in Section 8 of Exhibit "C" to this Agreement.

1.25 "Trial Operation" shall mean the process by which the Generator is engaged in on-site test operations and commissioning ofthe Plant prior to Commercial Operation.

1.26 "TSP" shall mean the Transmission Service Provider.

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1.27 "TSP System" shall mean the electric transmission facilities, including the TIF and all associated equipment and facilities owned and/or operated by the TSP.

ARTICLE 2. TERMINATION

2.1 Termination Procedures. This Agreement may be terminated as follows:

A. the Generator may terminate this Agreement after giving the TSP thirty (30) days advance written notice; or B. the TSP may terminate this Agreement (subject to Governmental Authority approval, if required) on written notice to the Generator ifthe Generator's Plant has not achieved Commercial Operation within one (1) year after the scheduled Commercial Operation date reflected in Exhibit "B"; or C. either Party may terminate this Agreement in accordance with Section 10.6.

2.2 Termination Costs. If a Party elects to terminate the Agreement pursuant to Section 2.1 above, the Generator shall pay all costs incurred (or committed to be incurred) by TSP, as of the date of the other Party's receipt of such notice of termination, that are the responsibility of the Generator under this Agreement. In the event oftermination by either Party, both Parties shall use commercially reasonable efforts to mitigate the damages and charges that they may incur as a consequence of termination. The provisions of the Sections 2.2 and 2.3 shall survive termination of the Agreement.

2.3 Disconnection. Upon termination of this Agreement, the Parties will disconnect the GIF from the TIF.

ARTICLE 3. REGULATORY FILINGS

3.1 Filing. The TSP shall file this executed Agreement with the PUCT. Each Party will reasonably cooperate with each other in connection with such filings. Any portions of this Agreement asserted by Generator to contain competitively sensitive commercial or financial information shall be filed by the TSP identified as "confidential" under seal stating, for the TSP's showing of good cause that Generator asserts such information is confidential information and has requested such filing under seal. If requested by the TSP, Generator shall provide the TSP, in writing, with the Generator's basis for asserting that the information referred to in this Section 3.1 is competitively sensitive information, and the TSP may disclose such writing to the appropriate Governmental Authority.

3.2 Regulatory Approvals. Unless exempt, the TSP shall timely request ISO and all regulatory approvals necessary for it to carry out its responsibilities under this Agreement. Such approvals shall include any CCN required for the construction of the TIE

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ARTICLE 4. INTERCONNECTION FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION

4.1 Options. The Generator shall select one (1) of the following options (subsection A or subsection B) and include the selected option in Exhibit "B" for completion of the TIF:

A. The TSP shall design, procure, and construct the TIE using Reasonable Efforts to complete the TIF by the In-Service Date reflected in Exhibit "B". The TSP will utilize its own resources and will contract for additional resources, as reasonably necessary, to meet the In-Service Date. Such resources shall include, as the TSP believes is reasonable, use of other contractors, other equipment suppliers, other material suppliers, additional contract personnel, additional payments to contractors for expedited work, and premiums paid to equipment and material suppliers for expedited delivery. The TSP shall not be required to undertake any initiative, which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, applicable laws and regulations, and ERCOT Requirements. In the event the TSP reasonably expects that it will not be able to complete the TIP by the In- Service Date, the TSP will promptly provide written notice to the Generator and will undertake Reasonable Efforts to meet the earliest date thereafter.

B. (i) The TSP shall design, procure, and construct the TIF by the In-Service Date reflected in Exhibit "B". The Parties acknowledge that the In-Service Date was either agreed upon through good faith negotiations or designated by the Generator upon failure of the Parties to agree. in the process of negotiating the In-Service Date, Generator will request a date upon which it reasonably expects it will be ready to begin use of the TIF and upon which it reasonably expects to begin doing so. Any date designated by the Generator shall in no event be less than fifteen (15) months from the date that all conditions of Sections 4.2 and 4.3 have been satisfied. The designated In-Service Date will be extended day for day for each day that the ISO refuses to grant clearances to install equipment. If the TSP fails to complete the TIF by the In-Service Date reflected in Exhibit "B", the TSP shall pay the Generator liquidated damages in accordance with this Section 4.1.B.

(ii) The Parties agree that actual damages to the Generator, in the event the TIF are not completed by the In-Service Date, may include Generator's fixed operation and maintenance costs and lost opportunity costs. Such actual damages are uncertain and impossible to determine at this time. The Parties agree that, because of such uncertainty, any liquidated damages paid by the TSP to the Generator shall be an amount equal to M of 1% of the actual cost of the TIE per day. However, in no event shall the total liquidated damages exceed 20% of the actual cost of the TIF. The Parties agree that such liquidated damages are less than the Generator's actual damages. The Parties agree that the foregoing payments will be made by the TSP to the Generator as just compensation for the damages caused to the Generator, which actual damages are uncertain and impossible to determine

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at this time, and as reasonable liquidated damages, but not as a penalty or a method to secure performance of this Agreement.

(iii) The TSP shall apply to have the full costs of the TIF included in TCOS. If the PUCT issues a final, appealable order excluding from TCOS any portion of the TlF costs, including higher contractor and vendor costs due to liquidated damage provisions in those contracts and insurance costs to cover liquidated damages, which costs may have been reasonably incurred but which the PUCT finds should not be recovered through TCOS, the Generator shall reimburse the TSP for such costs in an amount not to exceed the difference between the TSP's estimate ofthe cost of the TIF under Section 4.1.A and the TSP's estimate of the cost of the TIF under Section 4.1.B as reflected in Exhibit "C". Such costs shall be estimated using Good Utility Practice.

(iv) No liquidated damages shall be paid to Generator if the Generator is not ready to commence use ofthe TIF for the delivery of power to the Plant for Trial Operation or export of power from the Plant on the In-Service Date, unless the Generator would have been able to commence use of the TIF for the delivery of power to the Plant for Trial Operation or export of power from the Plant but for TSP's delay.

(v) If the In-Service Date has been designated by the Generator upon a failure of the Parties to agree on the In-Service Date, the TSP may, at its option, require the Generator to subcontract with the TSP for all or part of the design, procurement, and construction of the TIF in accordance with the TSP's standard subcontractor agreements. In such event, the TSP shall be subject to the payment of liquidated damages to the Generator only if the In-Service Date is not met solely due to the TSP's failure to complete the portion of the TIF for which the TSP has retained responsibility. It is the intent ofthis subsection to give the TSP full control of the contents and quality of the TIF. To the extent the Generator acts as a subcontractor to the TSP, the following will apply: 1) The Generator shall engineer, procure equipment, and construct the TIF (or portions thereof) using Good Utility Practice and using standards and specifications provided in advance by the TSP; 2) In its engineering, procurement and construction of the TIF, the Generator shall comply with all requirements of law to which the TSP would be subject in the engineering, procurement or construction ofthe TIF; 3) The TSP shall review and approve the engineering design, acceptance tests of equipment, and the construction ofthe TIF; 4) The TSP shall have the right to approve and accept for operation the TIF in accordance with the standards and specifications provided in advance by the TSP, such approval and acceptance shall not be unreasonably withheld, conditioned, or delayed; 5) Should any phase of the engineering, equipment procurement, or construction of the TIF, including selection of subcontractors, not meet the standards and specifications provided by the TSP, and therefore be deemed unacceptable, then the Generator shall be obligated to remedy that portion of the TIF or selection of subcontractors that is deemed unacceptable, the TSP's approval ofthe Generator's selection of subcontractors will not be unreasonably withheld, conditioned or delayed; and 6) Once the TIF are accepted for operation by the TSP, then the TSP shall reimburse the Generator for the reasonable and necessary costs incurred by the Generator to complete the TIF, not to exceed the amount specified in the subcontract.

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Such reimbursement shall be made within thirty (30) days after receipt of the invoice, unless otherwise agreed to by the Parties.

4.2 Equipment Procurement. If responsibility for construction ofthe TIF is borne by the TSP, then the TSP shall commence design of the TIF and procure necessary equipment within a reasonable time after all of the following conditions are satisfied:

A. The TSP has completed the Facilities Study pursuant to the Full Interconnection Study Agreement; B. The TSP has received written authorization to proceed with design and procurement from the Generator by the date specified in Exhibit "B"; and C. The Generator has provided security to the TSP in accordance with Section 8.3 by the dates specified in Exhibit "B".

4.3 Construction Commencement. The TSP shall commence construction of the TIF as soon as practicable after the following additional conditions are satisfied:

A. Approval of the appropriate Governmental Authority has been obtained for any facilities requiring regulatory approval; B. Necessary real property rights, if any, have been obtained; C. The TSP has received written authorization to proceed with construction from the Generator by the date specified in Exhibit "B"; and D. The Generator has provided security to the TSP in accordance with Section 8.3 by the dates specified in Exhibit "B".

4.4 Work Progress. The Parties will keep each other advised periodically as to the progress of their respective design, procurement, and construction efforts. If, at any time, the Generator becomes aware that the completion of the TIF will not be required until after the specified In- Service Date, the Generator will promptly provide written notice to the TSP of a new, later In- Service Date.

4.5 Conditions Precedent Delav. To the extent this Agreement incorporates a specified In- Service Date and the Generator fails to satisfy conditions precedent under Sections 4.2 and 4.3 so that the TSP may meet the In-Service Date, the Parties will negotiate in good faith to establish a new schedule for completion of the TIF, and the In-Service Date shall be extended accordingly.

ARTICLE 5. FACILITIES AND EQUIPMENT

5.1 Information Exchange. The Parties shall exchange information and mutually agree upon the design and compatibility of the Parties' interconnection facilities. The Parties shall work diligently and in good faith to make any necessary design changes to ensure compatibility of the GIF to the TSP System.

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5.2 GIF Construction. Generator agrees to cause the GIF to be designed and constructed in accordance with Good Utility Practice, ERCOT Requirements, and the National Electrical Safety Code in effect at the time of construction. In addition, Generator agrees to design and construct the GIF in accordance with the National Electric Code. Within one hundred and twenty (120) days after Commercial Operation, unless the Parties agree on another mutually acceptable deadline, the Generator shall deliver to the TSP the following "as-built" drawings, information and documents for the GIF: a one-line diagram, a site plan showing the Plant and the GIF, plan and elevation drawings showing the layout of the GIF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Generator's main- power transformers, the facilities connecting the Plant to the main power transformers and the GIF, and the impedances (determined by factory tests) for the associated main power transformers and the generators and the impedance of any transmission voltage lines that are part of the GIF.

5.3 TIF Construction. The TSP agrees to cause the TIF to be designed and constructed in accordance with Good Utility Practice, ERCOT Requirements, and the National Electrical Safety Code in effect at the time of construction.

5.4 Equipment Changes. For facilities not described in Exhibit "C", if either Party makes equipment changes to the Plant, the GIF, the TIF or the TSP System which it knows will affect the operation or performance ofthe other Party's interconnection facilities, the Parties agree to notify the other Party, in writing, of such changes. Such changes shall be made in accordance with ERCOT Requirements and coordinated between the Parties.

5.5 Metering, Telemetry and Communications Requirements.

A. Metering and telemetry of data will be accomplished in accordance with ERCOT Requirements. The specific metering, telemetry and communications equipment to be installed and data to be telemetered are described in Exhibit "C".

B. The metering and telemetry equipment shall be owned by the TSP. However, the TSP shall provide the Generator with metering and telemetry values in accordance with ERCOT Requirements.

C. A minimum set of inputs to the telemetry equipment is specified in Exhibit "C". Additional sets of inputs may be subsequently mutually agreed upon.

D. The TSP will notify the Generator at least five (5) working days in advance of any planned maintenance, inspection, testing, or calibration of the metering equipment, unless otherwise agreed to in writing. The Generator, or its designated representative, shall have the right to be present for these activities and to receive copies of any documents related to the procedures and results.

E. Prior to the connection of the GIF to the TIF, acceptance tests will be performed by the owning Party to ensure the proper functioning of all metering, telemetry and communications equipment associated with the Point of Interconnection and both Parties' interconnection facilities,

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and to verify the accuracy of data being received by the TSP, ERCOT and the Generator. All acceptance tests will be performed consistent with ERCOT Requirements.

F. The TSP shall, in accordance with Good Utility Practice and ERCOT Requirements, specify communications facilities, including those necessary to transmit data from the metering equipment to the TSP, that are necessary for the effective operation of the Plant and the GIF with the TSP System. Such communication facilities shall be included in Exhibit "C". The Generator shall make arrangements to procure and bear the cost of such facilities.

G. Any changes to the meters, telemetry equipment, voltage transformers, current transformers, and associated panels, hardware, conduit and cable, which will affect the data being received by the other Party must be mutually agreed to by the Parties.

H. Each Party will promptly advise the other Party if it detects or otherwise learns of any metering, telemetry or communications equipment errors or malfunctions that require the attention and/or correction by the other Party. The Party owning such equipment shall correct such error or malfunction as soon as reasonably feasible in accordance with ERCOT Requirements.

5.6 SYstem Protection and Other Controls Requirements.

A. Each Party's facilities shall be designed to isolate any fault, or correct or isolate any abnormality that would negatively affect the other Party's system or other entities connected to the TSP System.

B. The Generator shall be responsible for protection of its facilities consistent with ERCOT Requirements.

C. Each Party's protective relay design shall incorporate the necessary test switches to perform the tests required in Section 5.6.F. The required test switches will be placed such that they allow operation of lookout relays while preventing breaker failure schemes from operating and causing unnecessary breaker operations and tripping the Generator's units.

D. Recording equipment shall be installed to analyze all system disturbances in accordance with ERCOT Requirements.

E. Each Party will test, operate, and maintain System Protection Equipment in accordance with ERCOT Requirements. Each Party will provide reasonable notice to the other Party of any testing of its System Protection Equipment allowing such other Party the opportunity to have representatives present during testing of its System Protection Equipment.

F. Prior to the In-Service Date, and again prior to Commercial Operation, each Party or its agent shall perform a complete calibration test and functional trip test of the System Protection Equipment. At intervals suggested by Good Utility Practice or at intervals described in the ERCOT Requirements if so defined therein, and following any apparent malfunction of the System Protection Equipment, each Party shall perform both calibration and functional trip tests of its System Protection Equipment. These tests do not require the tripping of any in-service

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generation unit. These tests do, however, require that all protective relays and lockout contacts be activated.

5.7 No Annexation. Any and all equipment placed on the premises of a Party shall be and remain the property of the Party providing such equipment regardless of the mode and manner of annexation or attachment to real property, unless otherwise mutually agreed by the Parties.

ARTICLE 6. OPERATION AND MAINTENANCE

6.1 Operation and Maintenance of Interconnection Facilities. The Parties agree to operate and maintain their systems in accordance with Good Utility Practice, National Electrical Safety Code, ERCOT Requirements, PUCT Rules and all applicable laws and regulations. In addition, Generator agrees to operate and maintain its system in accordance with the National Electric Code. Subject to any necessary ISO approval, each Party shall provide necessary equipment outages to allow the other Party to perform periodic maintenance, repair, orreplacementofits facilities. Such outages shall be scheduled at mutually agreeable times, unless conditions exist which a Party believes, in accordance with Good Utility Practice, may endanger persons or property. No changes will be made in the normal operation ofthe Point of Interconnection without the mutual agreement of the Parties except as otherwise provided herein. All testing ofthe Plant that affects the operation ofthe Point of Interconnection shall be coordinated between the TSP, ERCOT, and Generator and will be conducted in accordance with ERCOT Requirements.

6.2 Control Area. The Control Area within ERCOT is a single Control Area with ERCOT assuming authority as the Control Area operator in accordance with ERCOT Requirements.

6.3 Land Rights and Easements. Terms and conditions addressing the rights of the TSP and the Generator regarding any facilities located on the other Party's property shall be addressed in a separate, duly executed and recorded easement agreement between the Parties. Prior to Commercial Operation, the Parties will mutually agree upon procedures to govern access to each other's property as necessary for the Parties to fulfill their obligations hereunder.

6.4 Service Interruption. The Parties recognize that the interruption of service provisions of the PUCT Rules give TSP the right to disconnect the TSP System from the Plant under the conditions specified therein. The Generator will promptly disconnect the Plant from the TSP System when required by and in accordance with the PUCT Rules and ERCOT Requirements.

6.5 Switching and Clearance.

A. Any switching or clearances needed on the TIP or the GIF will be done in accordance with ERCOT Requirements. B. Any switching and clearance procedure necessary to comply with Good Utility Practice or ERCOT Requirements that may have specific application to the Plant shall be addressed in Exhibit "C".

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6.6 Start-Up and Synchronization. Consistent with ERCOT Requirements and the Parties' mutually acceptable procedure, the Generator is responsible for the proper synchronization of the Plant to the TSP System.

6.7 Routine Operational Communications. On a timely basis, the Parties shall exchange all information necessary to comply with ERCOT Requirements.

6.8 Black Start Operations. If the Plant is capable of black start operations, Generator will coordinate individual Plant start-up procedures consistent with ERCOT Requirements. Any black start operations shall be conducted in accordance with the black start criteria included in the ERCOT Requirements and the TSP's Black Start Plan on file with the ISO. Notwithstanding this Section, the Generator is not required to have black start capability by virtue of this Agreement. If the Generator will have black start capability, then Generator shall provide and maintain an emergency communication system that will interface with the TSP during a black start condition.

6.9 Power System Stabilizers. The Generator shall procure, install, maintain and operate power system stabilizers if required to meet ERCOT Requirements and as described in Exhibit „r, 5,

ARTICLE 7. DATA REQUIREMENTS

7.1 Data Acquisition. The acquisition of data to realistically simulate the electrical behavior of system components is a fundamental requirement for the development of a reliable interconnected transmission system. Therefore, the TSP and the Generator shall be required to submit specific information regarding the electrical characteristics of their respective facilities to each other as described below in accordance with ERCOT Requirements.

7.2 Initial Data Submission bv TSR The initial data submission by the TSP shall occur no later than one hundred twenty (120) days prior to Trial Operation and shall include transmission system data necessary to allow the Generator to select equipment and meet any system protection and stability requirements.

7.3 Initial Data Submission bv Generator. The initial data submission by the Generator, including manufacturer data, shall occur no later than ninety (90) days prior to the Trial Operation and shall include a completed copy of the following forms contained in the ERCOT Generation Interconnection Procedure: 1) Plant Description/Data and 2) Generation Stability Data. It shall also include any additional data provided to the ISO for the System Security Study. Data in the initial submissions shall be the most current Plant design or expected performance data. Data submitted for stability models shall be compatible with the ISO standard models. If there is no compatible model, the Generator will work with an ISO designated consultant to develop and supply a standard model and associated data.

7.4 Data Supplementation. Prior to Commercial Operation, the Parties shall supplement their initial data submissions with any and all "as-built" Plant data or "as-tested" performance data,

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which differs from the initial submissions or, alternatively, written confirmation that no such differences exist. Subsequent to Commercial Operation, the Generator shall provide the TSP any data changes due to equipment replacement, repair, or adjustment. The TSP shall provide the Generator any data changes due to equipment replacement, repair, or adjustment in the directly connected substation or any adjacent TSP-owned substation that may affect the GIF equipment ratings, protection or operating requirements. The Parties shall provide such data no later than thirty (30) days after the date of the actual change in equipment characteristics. Also, the Parties shall provide to each other a copy of any additional data later required by the ISO concerning these facilities.

7.5 Data Exchange. Each Party shall furnish to the other Party real-time and forecasted data as required by ERCOT Requirements. The Parties will cooperate with one another in the analysis of disturbances to either the Plant or the TSP's System by gathering and providing access to any information relating to any disturbance, including information from oscillography, protective relay targets, breaker operations, and sequence of events records.

ARTICLE 8. PERFORMANCE OBLIGATION

8.1 Generator's Cost Responsibilitv.

A. The Generator will acquire, construct, operate, test, maintain, and own the Plant and GIF at its sole expense.

B. In addition, the Generator may be required to make a contribution in aid of construction in the amount set out in and for the facilities described in Exhibit "C", if any, in accordance with PUCT Rules.

8.2 TSP's Cost Responsibility. The TSP will acquire, own, operate, test, and maintain the TIF at its sole expense, subject to the provisions of Section 4.1.B and the contribution in aid of construction provisions of Section 8.1 ofthis Agreement.

8.3 Financial Security Arrangements. The TSP may require the Generator to pay a reasonable deposit or provide another means of security, to cover the costs of planning, licensing, procuring equipment and materials, and constructing the TIE The required security arrangements are specified in Exhibit "E". Within five (5) business days after TSP has received notice from the Generator that the Plant has achieved Commercial Operation and TSP has verified the same, the TSP shall return the deposit(s) or security to the Generator. However, the TSP may retain an amount to cover the incremental difference between the TSP's actual out-of-pocket costs associated with the choice of Section 4.1.B over Section 4.1.A, pending a final PUCT Order as contemplated in Section 4.1.B(iii). If the Plant has not achieved Commercial Operation within one (1) year after the scheduled Commercial Operation date identified in Exhibit "B" or if the Generator terminates this Agreement in accordance with Section 2.1 and the TIF are not required, the TSP may, subject to the provisions of Section 2.2, retain as much of the deposit or security as is required to cover the costs it incurred in planning, licensing, procuring equipment and materials,

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and constructing the TIF. Ifa cash deposit is made pursuant to Exhibit "E", any repayment of such cash deposit shall include interest at a rate applicable to customer deposits as established from time to time by the PUCT or other Governmental Authority.

ARTICLE 9. INSURANCE

9.1 Each Party shall, at its own expense, maintain in force throughout the period of this Agreement, and until released by the other Party, the following minimum insurance coverages, with insurers authorized to do business in Texas:

A. Employers Liability and Worker's Compensation Insurance providing statutory benefits in accordance with the laws and regulations of the State of Texas. The minimum limits for the Employer's Liability insurance shall be One Million Dollars ($1,000,000) each accident bodily injury by accident, One Million Dollars ($1,000,000) each employee bodily injury by disease, and One Million Dollars ($1,000,000) policy limit bodily injury by disease.

B. Commercial General Liabilitv Insurance including premises and operations, personal injury, broad form property damage, broad form blanket contractual liability coverage (including coverage for the contractual indemnification) products and completed operations coverage, coverage for explosion, collapse and underground hazards, independent contractors coverage, coverage for pollution to the extent normally available and punitive damages to the extent normally available and a cross liability endorsement, with minimum limits of One Million Dollars ($1,000,000) per occurrence/One Million Dollars ($1,000,000) aggregate combined single limit for personal injury, bodily injury, including death and property damage.

C. Comprehensive Automobile Liability Insurance for coverage of owned, non-owned and hired vehicles, trailers or semi-trailers designed for travel on public roads, with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, including death, and property damage.

D. Excess Public LiabilitY Insurance over and above the Employer's Liability, Commercial General Liability and Comprehensive Automobile Liability Insurance coverage, with a minimum combined single limit of Twenty Million Dollars ($20,000,000) per occurrence/Twenty Million Dollars ($20,000,000) aggregate.

E. The Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance, and Excess Public Liability Insurance policies shall name the other Party, its parent, associated and affiliated companies and their respective directors, officers, agents, servants and employees ("Other Party Group") as additional insured. All policies shall contain provisions whereby the insurers waive all rights of subrogation in accordance with the provisions of this Agreement against the Other Party Group. Each Party shall provide thirty (30) days advance written notice to Other Party Group prior to cancellation or any material change in coverage or condition.

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F. The Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance and Excess Public Liability Insurance policies shall contain provisions that specify that the policies are primary and non-contributory for any liability arising out of that Party's negligence, and shall apply to such extent without consideration for other policies separately carried and shall state that each insured is provided coverage as though a separate policy had been issued to each, except the insurer's liability shall not be increased beyond the amount for which the insurer would have been liable had only one insured been covered. Each Party shall be responsible for its respective deductibles or retentions.

G. The Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance and Excess Public Liability Insurance policies, if written on a Claims First Made basis, shall be maintained in full force and effect for two (2) years after termination of this Agreement, which coverage may be in the form of tail coverage or extended reporting period coverage i f agreed by the Parties.

H. The requirements contained herein as to the types and limits of all insurance to be maintained by the Parties are not intended to and shall not in any manner, limit or qualify the liabilities and obligations assumed by the Parties under this Agreement.

I. Within ten (10) days following execution of this Agreement, and as soon as practicable after the end of each fiscal year or at the renewal of the insurance policy and in any event within ninety (90) days thereafter, each Party shall provide certification of all insurance required in this Agreement, executed by each insurer or by an authorized representative of each insurer.

J. Notwithstanding the foregoing, each Party may self-insure to the extent it maintains a self-insurance program; provided that, such Party's senior secured debt is rated at investment grade, or better, by Standard & Poor's. For any period of time that a Party's senior secured debt is unrated by Standard & Poor's or is rated at less than investment grade by Standard & Poor's, such Party shall comply with the insurance requirements applicable to it under Sections 9.1.A through 9.1.I. In the event that a Party is permitted to self-insure pursuant to this Section 9.1.J, it shall not be required to comply with the insurance requirements applicable to it under Sections 9.1.A through 9.1.1.

K. The Parties agree to report to each other in writing as soon as practical all accidents or occurrences resulting in injuries to any person, including death, and any property damage arising out of this Agreement.

ARTICLE 10. MISCELLANEOUS

10.1 Governing Law and Applicable Tariffs.

A. This Agreement for all purposes shall be construed in accordance with and governed by the laws of the State of Texas, excluding conflicts of law principles that would refer

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to the laws of another jurisdiction. The Parties submit to the jurisdiction of the federal and state courts in the State of Texas.

B. This Agreement is subject to all valid, applicable rules, regulations and orders of, and tariffs approved by, duly constituted Governmental Authorities.

C. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, rules, or regulations of a Governmental Authority.

10.2 No Other Services. This Agreement is applicable only to the interconnection of the Plant to the TSP System at the Point of Interconnection and does not obligate either Party to provide, or entitle either Party to receive, any service not expressly provided for herein. Each Party is responsible for making the arrangements necessary for it to receive any other service that it may desire from the other Party or any third party. This Agreement does not address the sale or purchase of any electric energy, transmission service, or ancillary services by either Party, either before or after Commercial Operation.

10.3 Entire Agreement. This Agreement, including all Exhibits, Attachments and Schedules attached hereto, constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants, which constitute any part of the consideration for, or any condition to, either Party's compliance with its obligations under this Agreement. Notwithstanding the other provisions of this Section, the Full Interconnection Study Agreement, if any, is unaffected by this Agreement.

10.4 Notices. Except as otherwise provided in Exhibit "D", any formal notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person, or sent by either registered or certified mail, postage prepaid, overnight mail or electronic mail with read receipt to the address identified on Exhibit "D" attached to this Agreement. Either Party may change the notice information on Exhibit "D" by giving five (5) business days written notice prior to the effective date of the change.

10.5 Force Maieure.

A. The term "Force Majeure" as used herein shall mean any cause beyond the reasonable control of the Party claiming Force Majeure, and without the fault or negligence of such Party, which materially prevents or impairs the performance of such Party's obligations hereunder, including but not limited to, storm, flood, lightning, earthquake, fire, explosion, failure or imminent threat of failure of facilities, civil disturbance, strike or other labor disturbance, sabotage, war, national emergency, or restraint by any Governmental Authority.

B. Neither Party shall be considered to be in Default (as hereinafter defined) with respect to any obligation hereunder (including obligations under Article 4), other than the obligation to pay money when due, if prevented from fulfilling such obligation by Force Majeure. A Party unable to fulfill any obligation hereunder (other than an obligation to pay money when

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due) by reason of Force Majeure shall give notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant to this Section shall be confirmed in writing as soon as reasonably possible and shall specifically state full particulars of the Force Majeure, the time and date when the Force Majeure occurred and when the Force Majeure is reasonably expected to cease. The Party affected shall exercise due diligence to remove such disability with reasonable dispatch, but shall not be required to accede or agree to any provision not satisfactory to it iii order to settle and terminate a strike or other labor disturbance.

10.6 Default

A. The term "Default" shall mean the failure of either Party to perform any obligation in the time or manner provided in this Agreement. No Default shall exist where such failure to discharge an obligation (other than the payment ofmoney) is the result of Force Majeure as defined in this Agreement or the result of an act or omission of the other Party. Upon a Default, the non- defaulting Party shall give written notice of such Default to the defaulting Party. Except as provided in Section 10.6.B, the defaulting Party shall have thirty (30) days from receipt of the Default notice within which to cure such Default; provided however, if such Default is not capable of cure within thirty (30) days, the defaulting Party shall commence such cure within thirty (30) days after Default notice and continuously and diligently complete such cure within ninety (90) days from receipt of the Default notice; and, if cured within such time, the Default specified in such Default notice shall cease to exist.

B. If a Default is not cured as provided in this Section, or if a Default is not capable of being cured within the period provided for herein5 the non-defaulting Party shall have the right to terminate this Agreement by written notice at any time until cure occurs, and be relieved of any further obligation hereunder and, whether or not that Party terminates this Agreement, to recover from the defaulting Party all amounts due hereunder, plus all other damages and remedies to which it is entitled at law or in equity. The provisions of this Section will survive termination of this Agreement.

10.7 Intrastate Operation. The operation of the Plant by Generator shall not cause there to be a synchronous or an asynchronous interconnection between ERCOT and any other transmission facilities operated outside of ERCOT unless ordered by the Federal Energy Regulatory Commission under Section 210 of the Federal Power Act. The Parties recognize and agree that any such interconnection will constitute an adverse condition giving the TSP the right to immediately disconnect the TIF from the GIF, until such interconnection has been disconnected. The Generator will not be prohibited by this Section from interconnecting the Plant with facilities operated by the Comisi6n Federal de Electricidad of Mexico, unless such interconnection would cause ERCOT utilities that are not "public utilities" under the Federal Power Act to become subject to the plenary jurisdiction of the Federal Energy Regulatory Commission.

10.8 No Third Party Beneficiaries. This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns.

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10.9 No Waiver. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of obligations, rights, or duties imposed upon the Parties. Termination or Default of this Agreement for any reason by the Generator shall not constitute a waiver of the Generator's legal rights to obtain an interconnection from the TSP under a new interconnection agreement.

10.10 Headings. The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience ofreference only and are ofno significance in the interpretation or construction of this Agreement.

10.11 Multiple Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which is deemed an original but all constitute one and the same instrument.

10.12 Amendment. This Agreement may be amended only upon mutual agreement ofthe Parties, which amendment will not be effective until reduced to writing and executed by the Parties.

10.13 No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.

10.14 Further Assurances. The Parties agree to i) furnish upon request to each other such further information, ii) execute and deliver to each other such other documents, and iii) do such other acts and things, all as the other Party may reasonably request for the purpose of carrying out the intent of this Agreement and the documents referred to in this Agreement. Without limiting the generality ofthe foregoing, the TSP shall, at the Generator's expense, when reasonably requested to do so by the Generator at any time after the execution of this Agreement, prepare and provide such information in connection with this Agreement (including, if available, resolutions, certificates, opinions of counsel or other documents relating to the TSP's corporate authorization to enter into this Agreement and to undertake the obligations set out herein) as may be reasonably required by any potential lender to the Generator under a proposed loan agreement. The TSP will use commercially reasonable efforts to obtain any opinion of counsel reasonably requested by Generator, but the TSP shall not be in Default of any obligation under this Agreement i f the TSP is unable to provide an opinion of counsel that will satisfy any potential lender to the Generator. Specifically, upon the written request of one Party, the other Party shall provide the requesting Party with a letter stating whether or not, up to the date of the letter, that Party is satisfied with the performance of the requesting Party under this Agreement.

10.15 Indemnification and Liabilitv. The indemnification and liability provisions ofthe PUCT Rule 25.202(b)(2) or its successor shall govern this Agreement.

10.16 Consequential Damages. OTHER THAN THE LIQUIDATED DAMAGES HERETOFORE DESCRIBED, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR

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PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUE, LOSS OF THE USE OF EQUIPMENT, COST OF CAPITAL COST OF TEMPORARY EQUIPMENT OR SERVICES, WHETHER BASED IN WHOLE OR IN PART IN CONTRACT, IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; PROVIDED, HOWEVER, THAT DAMAGES FOR WHICH A PARTY MAY BE LIABLE TO THE OTHER PARTY UNDER ANOTHER AGREEMENT WILL NOT BE CONSIDERED TO BE SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HEREUNDER.

10.17 Assignment. This Agreement may be assigned by either Party only with the written consent of the other Party; provided that either Party may assign this Agreement without the consent of the other Party to any affiliate ofthe assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement; and provided further that the Generator shall have the right to assign this Agreement, without the consent of the TSP, for collateral security purposes to aid in providing financing for the Plant, provided that the Generator will require any secured party, trustee or mortgagee to notify the TSP of any such assignment. Any financing arrangement entered into by the Generator pursuant to this Section will provide that prior to or upon the exercise of the secured party' s, trustee's or mortgagee's assignment rights pursuant to said arrangement, the secured creditor, the trustee or mortgagee will notify the TSP of the date and particulars of any such exercise of assignment right(s). Any attempted assignment that violates this Section is void and ineffective. Any assignment under this Agreement shall not relieve a Party of its obligations, nor shall a Party's obligations be enlarged, in whole or in part, by reason thereof. Where required, consent to assignment will not be unreasonably withheld, conditioned, or delayed.

10.18 SeverabilitY. If any provision in this Agreement is finally determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void or make unenforceable any other provision, agreement or covenant of this Agreement; provided that if the Generator (or any third-party, but only if such third-party is not acting at the direction of the TSP) seeks and obtains such a final determination with respect to any provision of Section 4.1.B, then none of the provisions of Section 4.1.B. shall thereafter have any force or effect and the Parties' rights and obligations shall be governed solely by Section 4.1.A.

10.19 Comparability. The Parties will comply with al] applicable comparability and code of conduct laws, rules, and regulations, as amended from time to time.

10.20 Invoicing and Pavment. Unless the Parties otherwise agree (in a manner permitted by applicable PUCT Rules and as specified in writing in an Exhibit "IE" attached hereto), invoicing and payment rights and obligations under this Agreement shall be governed by PUCT Rules or applicable Governmental Authority. Invoices shall be rendered to the paying Party at the address specified on, and payments shall be made in accordance with the requirements of, Exhibit "D".

10.21 Confidentiality.

A. Subject to the exception in Section 10.21.B, any information that a Party claims is competitively sensitive, commercial or financial information under this Agreement ("Confidential

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Information") shall not be disclosed by the other Party to any person not employed or retained by the other Party, except to the extent disclosure is i) required by law; ii) reasonably deemed by the disclosing Party to be required to be disclosed in connection with a dispute between or among the Parties, or the defense of litigation or dispute; iii) otherwise permitted by consent of the other Party, such consent not to be unreasonably withheld; or iv) necessary to fulfill its obligations under this Agreement or as a transmission service provider or a Control Area operator including disclosing the Confidential Information to the ISO. The Party asserting confidentiality shall notify the other Party in writing of the information it claims is confidential. Prior to any disclosures of the other Party's Confidential Information under this subsection, or if any third party or Governmental Authority makes any request or demand for any of the information described in this subsection, the disclosing Party agrees to promptly notify the other Party in writing and agrees to assert confidentiality and cooperate with the other Party in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.

B. This provision shall not apply to any information that was or is hereafter in the public domain (except as a result of a breach of this provision).

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EXHIBIT "B"

TIME SCHEDULE

Interconnection Option chosen by Generator (check one): -X_ Section 4.1.A. or _ Section 4.1.B

If Section 4.1.B is chosen by Generator, the In-Service Date(s) was determined by (check one): (1) good faith negotiations, or (2) designated by Generator upon failure to agree.

Date by which Generator must provide written authorization to proceed with design and procurement and provide security, as specified in Section 4.2, so that TSP may maintain schedule to meet the In-Service Date:

As of the Execution Date of this Agreement, Generator hereby provides such written authorization to TSP. Generator shall provide Security as set forth in Section 1 of Exhibit

"UI,5Li .

Date by which Generator must provide written authorization to commence construction and provide security as specified in Section 4.3, so that TSP may maintain schedule to meet the In- Service Date:

As of the Execution Date of this Agreement, Generator hereby provides such written authorization to TSP. Generator shall provide Security as set forth in Section 1 of Exhibit "IE",

In - Service Date(s):

TSP will use Reasonable Efforts to complete the facilities required to provide the Point of Interconnection within sixteen (16) months from the date that the first security installment has been posted in accordance with Exhibit "E" and all other applicable conditions under Sections 4.2 and 4.3 ofExhibit "A" hereofhave been satisfied. Such facilities are identified under Section 8 of Exhibit "C". The foregoing assumes that Generator will timely post the subsequent security installment as required by Exhibit "E". Such In-Service Date is contingent upon the CCN for TSP's 345 kV transmission line identified under Section 8 of Exhibit "C" not having any intervention or objection to the project such that the PUCT can approve the CCN through an administrative process approximately eighty (80) days from the filing date.

Scheduled Trial Operation Date:

Seventeen (17) months from the date that the first security installment has been posted in accordance with Exhibit "E" and all other applicable conditions under Sections 4.2 and 4.3 of Exhibit "A" hereof have been satisfied.

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Scheduled Commercial Operation Date: Eighteen (18) months from the date that the first security installment has been posted in accordance with Exhibit "E" and all other applicable conditions under Sections 4.2 and 4.3 of Exhibit "A" hereof have been satisfied.

Due to the nature of the subject of this Agreement, the Parties may mutually agree to change the date and time of this Exhibit "B". Generator acknowledges and agrees that if Generator requests that the In-Service Date, Scheduled Trial Operation Date, or Scheduled Commercial Operation Date be extended by twelve (12) months or more, TSP must perform a new Full Interconnection Study at Generator's expense. Upon receiving such a request, TSP may suspend its work until the results ofthe new Full Interconnection Study are approved by ERCOT and the Parties amend this Agreement to reflect (a) changes in work to be performed by the Parties, (b) changes in costs, (c) changes to schedule, (d) changes in the Security requirements, or (e) changes to other provisions affected by the results of the new Full Interconnection Study. Generator shall be responsible for any costs associated with demobilization pending the new Full Interconnection Study; any costs incurred by TSP as part of the original scope and not used in the revised scope of work; and any additional costs identified as a result of the new Full Interconnection Study.

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EXHIBIT "C"

INTERCONNECTION DETAILS

1. Substation Name: Corazon Solar

2. Location:

Generator's Corazon Solar Substation ("Substation") will be located in Webb County approximately fifteen (15) miles northeast of Laredo, Texas. Once the facilities are completed and energized, the Point of Interconnection will be located at TSP's first dead- end structure outside the Substation fence of that terminates TSP's 345 kV transmission line from TSP's Lobo Switch Station ("Station"). Specifically, the Point ofIntereonnection will be located where TSP's jumper conductors at TSP's first dead-end structure outside the Substation fence connect to Generator's 345 kV conductors from the Substation equipment. The Fiber Optic PCO will be located at TSP's first dead-end structure outside the Substation fence. See attached Exhibit "C-1."

3. Delivery Voltage: 345 kV

4. Number and Size of Generating Units: Maximum 200 MW (net at the Point of Interconnection) Plant capacity comprised of seventy (70) units at 3.15 MW each

5. Type of Generating Units: Solar PV panels (monocrystalline silicon panels). Sungrow SG3150U-MV inverters.

6. Metering, SCADA, and Monitoring Equipment:

6.1. The ERCOT Polled Settlement ("EPS") metering equipment described below will be procured, paid for, owned, and installed inside the Station by TSP: i) one (1) 345 kv meter panel with one (1) primary meter and one (1) back up meter ii) six (6) 345 kV billing accuracy metering units comprised of individual potential transformers and current transformers. The metering will be a three-phase, four-wire system

Note: If the EPS metering and the Point of Interconnection are not at the same location, the metering will be compensated for power losses from the EPS metering location to the Point of Interconnection.

6.2. The Supervisory Control and Data Acquisition ("SCADA") equipment described below will be paid for, procured, owned, and installed inside the Substation by TSP:

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i) no remote terminal unit ("RTU") will be installed inside the Substation by TSP

6.3. The monitoring equipment described below will be paid for, procured, owned, and installed inside the Substation by TSP: 1) no monitoring equipment will be installed inside the Substation by TSP

6.4. Such facilities shall meet the following TSP requirements in addition to the ERCOT Requirements. If there is a conflict between the TSP requirements below and the ERCOT Requirements, the ERCOT Requirements shall prevail.

i) The transfer of power between the TIF and GIF shall be read as if metered at the Point of Interconnection with bi-directional metering. Backfeed power from the TSP System to the Plant is "MW Out." "MW Out" is considered positive and "MW In" is considered negative. The same conventions will be observed on the reactive power. Each of the four quantities will be recorded separately. Recording of Plant and GIF energy usage for the billing period will be determined by the EPS metering installed by TSP. For a Generator having more than one (1) Point of Interconnection (for example, two (2) or more lines), independent bi-directional metering is required at each Point of Interconnection.

ii) Meters are required for net generation output, with the bi-directional feature used to measure station-use auxiliaries when not exporting power. Unless used for the interconnection metering, all voltage and current transformers used for generation metering shall conform to relay accuracy class or better. MW and MVAR transducers shall be 3-element transducers with an accuracy of 10.2% or better.

iii) I f requested by Generator, and if available from TSP RTU equipment, TSP will configure one (1) RTU communications port in a format satisfactory to TSP for the polling of metering quantities to be determined by mutual agreement. If such metering quantities are not available from TSP RTU equipment, they may be available by alternate means at Generator's expense. If requested by Generator, MW and MVAR transducers shall be 3-element transducers with an accuracy of 10.2% or better.

iv) Appropriate personnel of the Parties and ERCOT shall be involved in engineering changes of interconnect metering equipment from project inception. Representatives ofthe Parties and ERCOT must be notified so a mutually agreeable time can be set for the changes. Both Parties and ERCOT must be satisfied with the making of any changes.

v) Metering and operation personnel of the Parties shall be notified at least forty-eight (48) hours in advance, or at a mutually acceptable advance

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notice, prior to any calibrations or maintenance. In emergency conditions, TSP may make necessary repairs with notification to affected parties within twenty-four (24) hours. Copies of the repair and calibration records shall be forwarded to the metering and operation personnel of the Parties.

7. Generator Interconnection Facilities:

GIF include the following:

i) the Substation and all facilities within it ii) conductors from the Substation equipment to TSP's first dead-end structure outside the Substation fence iii) communication facilities described in Section 9.1 below iv) two (2) all-dielectric fiber optic station entrance cables from the Substation to the Fiber Optic PCO v) two (2) entrance ducts at the Substation to accommodate the two (2) all- dielectric fiber optic station entrance cables identified in Section 7(iv) above vi) two (2) fiber distribution panels ("FDP's") in the Substation to accommodate the two (2) all-dielectric fiber optic station entrance cables identified in Section 7(iv) above

8. Transmission Service Provider Interconnection Facilities:

TIP are required to synchronize and deliver Plant capacity and energy output to the TSP System. TIF include the following:

i) one (1) line terminal and other necessary equipment at the Station to accommodate TSP's 345 kV transmission line to the Substation ii) the first dead-end structure outside the Substation fence that terminates TSP's 345 kV transmission line from the Station iii) the 345 kV transmission line, including structures, conductors, insulators and connecting hardware, from the Station to TSP's first dead-end structure outside the Substation fence iv) optical ground wire ("OPGW") and a redundant fiber optic cable from the Station to the Fiber Optic PCO v) jumper conductors at TSP's first dead-end structure outside the Substation fence vi) metering equipment described in Section 6.1 above vii) communication facilities described in Section 9.2 below viii) two (2) all-dielectric fiber optic station entrance cables at the Station to accommodate the two (2) fiber optic cables identified in Section 8(iv) above ix) two (2) entrance ducts at the Station to accommodate the two (2) all- dielectric fiber optic station entrance cables identified in Section 8(viii) above

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x) two (2) FDP's in the Station to accommodate the two (2) all-dielectric station entrance fiber optic cables identified in Section 8(viii) above xi) splice cases, fiber slack storage devices, and hand-hole facilities, as applicable, to accommodate TiF and GIF fiber optic cables at the Fiber Optic PCO

9. Communications Facilities:

9.1. The communications facilities described below will be paid for, owned, and installed by Generator.

i) one (1) dedicated voice dispatch circuit between TSP's Corpus Christi, TX dispatch office and Generator's control center, including associated interface equipment at Generator' s control center

9.2. The communications facilities described below will be paid for, owned, and installed inside the Station by TSR

i) SCADA wide area network router, firewall, and associated equipment ii) fiber transport multiplexer(s) and associated equipment, if applicable iii) fiber termination devices and associated equipment, if applicable

9.3. All communication facilities shall meet the following TSP requirements in addition to ERCOT Requirements. I f there is a conflict between the TSP requirements below and ERCOT Requirements, the ERCOT Requirements shall prevail.

i) Generator shall be responsible for confirming with TSP the project-specific circuit requirements and requesting specific TSP addresses and TSP contact names in preparation for issuing the communication circuit order with TSP's telecommunication service provider of choice. This communication circuit shall be a leased telephone company circuit satisfactory to TSP. For each telephone company circuit leased by Generator, Generator shall provide TSP and the telecommunication service provider with advanced authorization for communication circuit maintenance, allowing TSP and any of its affiliates and subsidiaries to monitor the circuit, report trouble and take corrective action with the telecommunication service provider, at Generator's expense, to maintain circuit reliability. The communication circuit described here shall be operational and commissioned by TSP prior to TSP placing the interconnection facility in service. Typical facility circuit requirements include the following:

1) Voice dispatch circuit - This is a leased circuit from the Plant operators to the TSP dispatch office. If the Plant operators are not located on the Plant site, then the circuit must be terminated at the actual location of the Plant operators. This dedicated circuit is

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required of Generator where the total Plant generation capacity is equal to or greater than 50 MVA. This circuit is to be ordered and paid for by Generator. Generator shall, at its cost, meet telephone company requirements applicable to the installation and operation of this circuit. Dispatch calls placed by the TSP dispatch office to Generator must be answered live and immediately by a Generator dispatcher twenty-four (24) hours per day and seven (7) days per week. Connections to the public telephone network do not meet the TSP requirement of a dedicated voice dispatch circuit; connections to the public telephone network include, but are not limited to, a dial-up circuit (also known as a POTS line) and a toll-free telephone number. The required voice dispatch circuit is a Tl (or another circuit as specified by TSP).

ii) Generator's fiber optic cables, including, but not limited to OPGW, all- dielectric self-supporting ("ADSS") cable and underground fiber optic cable, shall be installed by Generator in accordance with TSP specifications. Generator shall, at its cost, engineer, furnish, and install at its Substation an all-dielectric fiber optic station entrance cable system to ensure that no fiber optic cable with metallic members is extended into the Substation control building. The all-dielectric fiber optic station entrance cable system shall include all-dielectric fiber optic station entrance cable; the outdoor splice case, trays and fusion splice sleeves for the fiber optic cable to station entrance cable transition; the indoor splice housing, trays and fusion splice sleeves; fiber pigtails and the control building FDP. Ifthe GIF include fiber optic cable that contains no metallie members, it may be extended into the Substation control building without transitioning to the all-dielectric fiber optic station entrance cable noted above.

iii) Fiber optic cable with metallic members shall not be terminated in or routed through the Substation control building. Fiber optic cable with metallic members includes, but is not limited to, OPGW, fiber optic cable with an integral trace wire, and metallic-armored fiber optic cable. Fiber optic cable with metallic members shall be transitioned to all-dielectric fiber optic cable, satisfactory to TSP, prior to the fiber entering the Substation control building. The all-dielectric fiber optic cable design (no metallic members such as protective armor sheath or trace wire), the all-dielectric fiber optic cable installation (no metallic members such as metal conduit, power cable, or wire), and the transition splice shall be satisfactory to TSP.

iv) TSP will engineer, procure, pay for, own, and install at the Fiber Optic PCO, splice cases, fiber slack storage devices, and hand-hole facilities, as applicable, based upon the project configuration. To ensure integrity ofthe installed fiber optic facilities from the Fiber Optic PCO to the Substation, Generator shall engage for such facilities, at its expense, one entity

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satisfactory to TSP, to perform splicing and testing of all fibers in each fiber optic cable at a) all splice points, b) the transition splices, and c) the Substation FDP's. Generator hereby grants to TSP, at no cost to TSP and for so long as this Agreement remains in effect, an indefeasible right to use the last twenty-four (24) fibers in each fiber optic cable. Generator, at its sole expense, will maintain in operating condition such fiber optic cable and associated station entrance cable systems at the Substation. In addition, Generator hereby grants to TSP the following rights: 1) access to and use of all TSP-assigned fibers 2) access to and use of all route splice points, with the right to cross- connect TSP-assigned fibers for through circuits Each Party will be responsible for maintenance and repair of its facilities and equipment.

v) TSP requires Generator to install two (2) fiber optic cables between the Fiber Optic PCO and Generator's Substation along diverse routes satisfactory to TSP for redundancy purposes. TSP's preference for such diversely routed fiber optic cables is one (1) aerial cable (typically OPGW or conditionally ADSS) and one (1) underground cable; based upon the project configuration, other combinations of OPGW, ADSS and underground may be acceptable to TSR For such diversely routed fiber optic cables, Generator shall install fiber optic cable satisfactory to TSP in the Generator's Substation between the diversely routed fiber optic cables, including TSP-assigned fibers (described in Section 9.3(iv) above) and associated termination equipment, to provide TSP with fiber connectivity between the diversely routed fiber optic cables.

10. System Protection Equipment:

Protection of each Party's system shall meet the following TSP requirements in addition to ERCOT Requirements. lf there is a conflict between the TSP requirements below and ERCOT Requirements, the ERCOT Requirements shall prevail.

10.1. TSP assumes no responsibility for the protection of the Plant and GIF for any or all operating conditions. Generator is solely responsible for protecting its equipment in such a manner that faults or other disturbances on the TSP System or other interconnected systems do not cause damage to the Plant and GIF.

10.2. Generator shall procure, pay for, install and own the transmission line protection panels, subject to TSP approval, within the Substation.

10.3. It is the sole responsibility of Generator to protect its Plant and GIF from excessive negative sequence currents.

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10.4. Generator shall furnish at a minimum, a manual disconnect switch with visual contacts and allowance for padlocking, to separate the Plant and GIF from TIF. The location of this switch will be determined by TSP, and be readily accessible to TSP at all times. The disconnect switch will be under the exclusive control of TSP and will be considered as part of TSP's switching arrangement. TSP reserves the right to open this disconnecting device, isolating the Plant and GIF for any ofthe following reasons:

1) The Plant or GIF, upon TSP's determination, cause objectionable interference with other customers' service or with the secure operation of the TSP System. 2) The Plant output as determined by TSP exceeds the operating boundaries outlined above. 3) Generator's control and protective equipment causes or contributes to a hazardous condition. TSP reserves the right to verify on demand all protective equipment including relays, circuit breakers, etc. at the inter-tie location. Verification may include the tripping of the tiebreaker by the protective relays. 4) In TSP's opinion, continued parallel operation is hazardous to Generator, the TSP System or to the general public. 5) To provide TSP or TSP personnel the clearances for dead line or live line rnaintenance. TSP will attempt to notify Generator before disconnection, but notification may not be possible in emergency situations that require immediate action.

10.5. Automatic reclosing is normally applied to transmission and distribution circuits. When TSP's source breakers trip and isolate the Plant and GIF, Generator shall ensure the Plant and GIF are disconnected from the TSP circuit prior to automatic reclosure by TSP. Automatic reclosing out-of-phase with the Plant may cause damage to Generator's equipment. Generator is solely responsible for the protection of his equipment from automatic reclosing by TSR

10.6. For disturbance monitoring of Generator's facilities, TSP requires Generator to collect a combination of sequence of event records and event oscillography recordings. For thermal powered generation, Generator is required, upon TSP request, to provide event recordings per generation unit in a format satisfactory to TSP. For all other generation, Generator is required, upon TSP request, to provide event recordings per collection feeder in a format satisfactory to TSP. All disturbance monitoring equipment shall be equipped for time synchronization. The monitoring requirements of TSP do not reduce Generator's obligation to meet all disturbance monitoring requirements of ERCOT.

10.7. Documentation of all protective device settings shall be provided to TSP by Generator. The setting documentation shall also include relay type, model/catalog number, and setting range. If automatic transfer schemes or unique or special protective schemes are used, a description of their operation shall be included. Generator shall submit for TSP's review the settings of all protective devices and automatic control equipment which: 1) serve to protect the TSP System from hazardous currents and voltages originating from

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the Plant or 2) must coordinate with System Protection Equipment or control equipment located on the TSP System; such settings are subject to TSP approval.

11. Operational Data and RTU Inputs:

11.1. If the Plant has a total generation capacity equal to or greater than five (5) MVA, TSP requires:

i) Generator to supply Operational Data (described in Section 11.5 below) to TSP at the Station by means of the fiber optic cables on the transmission line from the Substation to the Station ("Operational Data via Fiber"); and additionally,

ii) Generator to cause Operational Data (described in Section 11.5 below) to be supplied to ERCOT by means of Inter-control Center Communications Protocol ("Operational Data via ICCP").

11.2 A TSP transmission-specific RTU in the Station is required for all transmission interconnections.

11.3. Prior to TSP placing the Plant or GIF in service,

i) the Operational Data via Fiber shall be commissioned by TSP; ii) the Operational Data via ICCP shall be commissioned by TSP; and iii) the TSP transmission-specific RTU in the Station shall be operational with TSP-required RTU functions commissioned by TSP.

11.4. In addition to ERCOT Requirements, the following information, unless available from TSP equipment, shall be supplied to TSP by Generator for each Point of Interconnection and connected to the TSP transmission-specific RTU used for the transmission interconnection. If there is a conflict between the TSP requirements below and ERCOT Requirements, the ERCOT Requirements shall prevail. Generator-supplied inputs to the TSP transmission-specific RTU shall be in a format satisfactory to TSR

i) Status Points

1) Transmission line breaker status (required for each Generator- owned transmission line) 2) Transmission line lockout relay operated (required for each Generator-owned transmission line) 3) Transmission line lookout relay failure (required for each Generator- owned transmission line) 4) Intelligent electronic device ("IED") communications failure (required for each IED sourcing a required point)

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ii) Analog Points from each Generator-owned transmission line shall include MW, MVAR, MVA, HZ, distance-to-fault, voltage per phase and current per phase. Analog Points from each Generator-owned transmission line breaker shall include current per phase.

iii) Hourly Accumulation Points from each Generator-owned transmission line shall include MWh In, MWh Out, MVARh In, and MVARh Out.

11.5. Generator shall supply Operational Data as set forth in Sections 11.1(i) and 11.1(ii) above. A specific Operational Data points list will be developed by TSP as a part of each generation project based upon the project's electrical configuration ("Operational Data"). For such purpose, Generator is responsible for providing TSP with metering and relaying one-line diagrams ofthe generation and Substation facilities. Generator shall provide TSP with a station communications drawing which is to include Operational Data point sources (IED's and contacts supplying required data), interface devices, and device connections. Generator shall supply Operational Data in a protocol and data transmission speed acceptable to TSP. The following points list is a comprehensive list that is not intended to be the final points list that will be designed by TSP for the Plant and GIF:

i) Status Points

1) Generation breaker status 2) Circuit switcher / line switch status ("a" and "b" contacts) 3) Transformer high-side breaker status 4) Transformer high-side motor operated switch status ("a" and "b" contacts) 5) Auxiliary breaker status 6) Collection feeder breaker status 7) Tie breaker status 8) Dynamic reactive controller (off/on) 9) Dynamic reactive controller (manual/auto) 10) Dynamic reactive controller (voltage/power factor) 11) Shunt device (capacitor and reactor) breaker/switch status 12) Breaker failure lookout status 13) Breaker critical alarm (combine critical alarms for each breaker) 14) Transformer critical alarm (combine critical alarms for each transformer) 15) Transformer primary lookout relay operated 16) Transformer primary lockout relay failure 17) Transformer backup lookout relay operated 18) Transformer backup lockout relay failure 19) Generation unit automatic voltage regulator ("AVR") status 20) Black start availability

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ii) Analog Points

1) Generation gross MW (required for each thermal-powered generation unit) 2) Generation gross MVAR (bi-directional values required for each thermal-powered generation unit) 3) Generation station use MW auxiliary (required for each auxiliary transformer) 4) Generation station use MVAR auxiliary (bi-directional values required for each auxiliary transformer) 5) Station frequency HZ (for those stations where a common bus does not exist between multiple generation units, individual unit frequency points will be required) 6) Voltage per phase for each winding of each transformer 7) Current per phase for each winding of each transformer 8) MW for each winding of each transformer 9) MVAR for each winding of each transformer (bi-directional values required) 10) MW for each circuit breaker/switcher in the station ll) MVAR for each circuit breaker/switcher in the station (bi- directional values required) 12) MW for each collection feeder 13) MVAR for each collection feeder (bi-directional values required) 14) Voltage per phase of each collection feeder 15) Voltage per phase of each shunt device (capacitor and reactor) 16) MVAR for each shunt device (capacitor and reactor) (bi-directional values required) 17) Tap position for each power transformer 18) Dynamic MVAR capability at the current MW generation amount (required for each dynamic reactive controller) 19) Voltage set point for each dynamic reactive controller 20) Power factor set point for each dynamic reactive controller 21) Number of wind turbines/solar inverters connected to the ERCOT transmission grid for injection of real and/or reactive power (for the entire Plant, for each type of turbine/inverter) 22) Number of wind turbines/solar inverters connected to the ERCOT transmission grid for injection of real and/or reactive power (for each collection feeder, for each type ofturbine/inverter) 23) Number of wind turbines/solar inverters out of service and unavailable for operation (for each collection feeder, for each type of turbine/inverter) 24) Number of wind turbines/solar inverters in communications failure mode for which operational status is unknown (for each collection feeder, for each type of turbine/inverter)

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12. Supplemental Terms and Conditions:

The following supplemental terms and conditions shall be met unless there is a conflict between these terms and conditions and ERCOT Requirements, in which case the ERCOT Requirements shall prevail. Such ERCOT Requirements include, but are not limited to, ERCOT Nodal Protocols sections 1.3.1, 3.15, 8.1.1, and 12.2; ERCOT Nodal Operating Guides sections 2.2.5,2.2.6,2.7,2.9.1 and 6.2.2; and the ERCOT Operating Procedures.

12.1. Each Party shall be consulted during the planning and design process of the Plant, GIF, and TIE The engineering and design work (including drawings, plans, materials lists, specifications and other documentation and supporting data) will be prepared in accordance with Good Utility Practice and all applicable laws and regulations, and is intended to be used solely in connection with the construction of the Plant, GIF and TIF. Neither Party shall make use of any aspect ofthe engineering and design work of the other Party for any other projects without the prior written consent of the other Party. Each Party shall treat such engineering and design work of the other Party as Confidential Information under Section 10.21 of Exhibit "A".

12.2. TSP shall provide to Generator monthly progress reports on the status of the Work. TSP shall be available for status meetings with Generator and its designees, which meetings will provide a detailed description of the progress of the Work, identify any problems and a plan to solve the problems and provide such other information as is reasonably requested by Generator. Such meetings shall take place at the offices of TSP in Tulsa, Oklahoma, at the Plant site, or at other mutually agreeable locations.

12.3. If wye-delta connected transmission voltage step-up transformers are utilized they shall be wye connected to the TlF and delta connected to the GIF.

12.4. Generator shall submit drawings of the GIF to TSP for review. TSP will review only those portions of the drawings that affect the TSP System. Any changes required by TSP shall be made prior to final issue of drawings and TSP shall be provided with final copies ofthe revised drawings. TSP will review only those portions ofthe drawings, which apply to protection, metering and monitoring of the TSP System. To aid Generator, TSP may make suggestions on other areas. TSP's review of Generator's drawings shall not be construed as confirming or endorsing the design or as any warranty of safety, durability, or reliability ofthe facility or equipment. Generator shall provide copies of the following: 1) one-line and three-line diagrams indicating the following: 1) equipment names and/or numerical designations for all circuit breakers, contactors, air switches, transformers, generators, etc., associated with the generation as required by TSP to facilitate switching 2) power transformers - nameplate or designation, nominal kVA, nominal primary, secondary, tertiary voltages, vector diagram showing winding connections, tap setting and transformer

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impedances (transformer test report showing the positive sequence, zero sequence, test voltages and MVA base for each winding) 3) station service transformers - phase(s) connected and estimated kVA load 4) instrument transformers - voltage and current, phase connections 5) surge arresters/gas tubes/metal oxide varistors/avalanche diode/spill gaps/surge capacitors, etc. - type and ratings 6) capacitor banks - kVAR rating and reactive (static and dynamic) device operation capability 7) reactive device capability (required for wind generation only) - kVAR rating and reactive device operation capability for static and dynamic devices for each generation collection feeder 8) disconnect switches - status if normally open (N.O.), manual or motor operated including switch voltage, continuous and interrupting ratings 9) circuit breakers and/or contactors - interrupting rating, continuous rating, operating times 10) generator(s) - nameplate, test report, type, connection, kVA, voltage, current, rpm, power factor, impedances, time constants, etc. 11) Point of Interconnection and phase identification 12) fuses - manufacturer, type, size, speed, and location 13) transmission structure geometry (phase-to-phase, phase-to-ground, and shield-to-phase), phase conductor data, shield wire data, transmission line ratings, positive and zero sequence impedances and mileage ii) potential and current elementary drawings associated with the protection and control schemes for the Plant and GIF and control elementary drawings of the Plant and interconnection circuit breaker indicating the following: 1) terminal designation of all devices - relay coils and contacts, switches, transducers, etc. 2) relay functional designation - per latest ANSI Standard where the same functional designation shall be used on all drawings showing the relay 3) complete relay type (such as CV-2, SEL321-1, REL-301, IJS51A, etc.) 4) switch contact as referenced to the switch development if development is shown on a separate drawing. 5) switch developments and escutcheons where the majority of contacts are used. Where contacts of a switch are used on a separate drawing, that drawing should be referenced adjacent to the contacts in the switch development. Any contacts not used should be referenced as spare. 6) all switch contacts shown open with each labeled to indicate the positions in which the contact will be closed with explanatory notes

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defining switch coordination and adjustment where mis-adjustment could result in equipment failure or safety hazard 7) auxiliary relay contacts as referenced to the coil location drawing if coil is shown on a separate drawing where all contacts of auxiliary relays should be shown and the appropriate drawing referenced adjacent to the respective contacts 8) device auxiliary switches (circuit breakers, contactor) as referenced to the drawing where they are used. 9) any interlocks - electromechanical, key, etc., associated with the generation or interconnection Substation. 10) ranges of all timers and setting i f dictated by control logic 11) all target ratings; on dual ratings note the appropriate target tap setting 12) complete internal for electromechanical protective relays where microprocessor type relays may be shown as a "black box", with manufacturer's instruction book number referenced and terminal connections shown 13) isolation points (states links, PK-2 and FT-1 blocks), etc., including terminal identification 14) all circuit elements and components, with device designation, rating and setting where applicable and where coil voltage is shown only i f different from nominal control voltage 15) size, type, rating and designation of all fuses 16) phase sequence designation as ABC or CBA 17) potential transformers - nameplate ratio, polarity marks, rating, primary and secondary connections 18) current transformers (including aux. CT's) - polarity marks, rating, tap ratio and connection

12.5. Generator may not commence parallel operation of the Plant until consent has been given by TSP. TSP reserves the right to inspect the GIF and witness testing of any equipment or devices associated with the Point of Interconnection.

12.6. The Plant and GIF shall not cause objectionable interference with the electric service provided to other customers of TSP nor jeopardize the security of the ERCOT power system. In order to minimize objectionable interference of the Plant and GIF, the Plant and GIF shall meet the following criteria: i) Voltage - The Plant and GIF shall not cause excessive voltage excursions. Generator shall operate its Plant and GIF in such manner that the voltage levels on the TSP System are in the same range as if the Plant and GIF were not connected to the TSP System. Generator shall provide an automatic method of disconnecting its Plant and GIF from the TIF to protect against excessive voltage excursions.

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ii) Flicker - The Plant and GIF shall not cause excessive voltage flicker on the TSP System. Flicker is to be measured at the Point of Interconnection and shall not exceed 1.5% or the Borderline of Visibility Curve Voltage Flicker Chart of ANSI/IEEE Standard 141-1993, whichever is less. iii) Frequency - The operating frequency of the Plant shall not deviate from the frequency of the TSP System. Plant under-frequency relays shall be set the same as TSP's under-frequency relays, so that the Plant will not separate from the TSP System during under-frequency conditions until all TSP under-frequency load shedding equipment has operated. Generator will provide applicable settings to TSP prior to Commercial Operation. iv) Harmonics, Telephone Interference, and Carrier Interference - The Plant and GIF shall not introduce excessive distortion of the TSP System waveforms; voltage and current; telephone interference; or carrier interference at the Point of Interconnection. IEEE Standard 519 shall be used as a guide. v) Fault and Line Clearing - The Plant and GIF shall be disconnected from the TSP System on occurrence ofan outage or fault on the TIF serving the Plant radially. Generator is responsible for the electrical stability of its Plant and providing adequate facilities so that critical fault clearing times are met. vi) All generation resources (including self-serve generating units) that have a gross generating unit rating greater than twenty (20) MVA or those units connected at the same Point of Interconnection that have gross generating unit ratings aggregating to greater than twenty (20) MVA, that supply power to the ERCOT transmission grid, shall provide Voltage Support Service (VSS). vii) Reactive Power Requirements - Generation resources must be capable of producing a defined quantity of reactive power to maintain a Voltage Profile established by ERCOT Nodal Protocol 3.15. The generator voltage-var schedule, voltage regulator, and transformer ratio settings will be jointly determined by TSP and Generator to ensure proper coordination of voltages and regulator action. The Plant must generate reactive requirements for the Plant and GIF. TSP may, in order to maintain security ofthe ERCOT power system, request Generator to adjust voltage schedule to accept or supply reactive power. 1. Synchronous generators shall comply with the following reactive power requirements: an over-excited (lagging) power factor capability of ninety-five hundredths (0.95) or less and an under- excited (leading) power factor capability of ninety-five hundredths (0.95) or less, both determined at the generating unit's maximum net power to be supplied to the ERCOT transmission grid and at the transmission system Voltage Profile established by ERCOT, and

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both measured at the Point of Interconnection. The reactive power requirements shall be available at all MW output levels.

2. Induction generators shall comply with the following reactive power requirements: an over-excited (lagging) power factor capability of ninety-five hundredths (0.95) or less and an under-excited (leading) power factor capability of ninety-five hundredths (0.95) or less, both determined at the generating unit's maximum net power to be supplied to the ERCOT transmission grid and at the transmission system Voltage Profile established by ERCOT, and both measured at the Point of Interconnection. The reactive power requirements shall be available at all MW output levels and may be met through a combination of the Generation Resource's Unit Reactive Limit ("URL"), which is the generating unit's dynamic leading and lagging operating capability, and/or dynamic VAR capable devices. For Wind Generation Resources ("WGR"), the reactive power requirements shall be available at all MW output levels at or above ten percent (10%) of the WGR's nameplate capacity. When a WGR is operating below ten percent (10%) of its nameplate capacity and is unable to support voltage at the Point of Interconnection, ERCOT may require a WGR to disconnect from the ERCOT transmission grid.

3. Other generators shall comply with the following reactive power requirements: an over-excited (lagging) power factor capability of ninety-five hundredths (0.95) or less and an under-excited (leading) power factor capability of ninety-five hundredths (0.95) or less, both determined at the generating unit's maximum net power to be supplied to the ERCOT transmission grid and at the transmission system Voltage Profile established by ERCOT, and both measured at the Point of Interconnection. The reactive power requirements shall be available at all MW output levels and may be met through a combination of the Generation Resource's URL, which is the generating unit' s dynamic leading and lagging operating capability, and/or dynamic VAR capable devices. For Intermittent Renewable Resources ("IRR"), the reactive power requirements shall be available at all MW output levels at or above ten percent (10%) of the IRR's nameplate capacity. When an IRR is operating below ten percent (10%) of its nameplate capacity and is unable to support voltage at the Point of Interconnection, ERCOT may require an IRR to disconnect from the ERCOT transmission grid.

Viii) The dynamic MVAR capability at the current MW generation amount shall be provided in real time. Ifthis dynamic MVAR capability is not available in real time, a dynamic capability curve plotted as a function ofMW output

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shall be provided. The shunt static reactive available, but not in service, shall be provided in sufficient detail to determine the amount of dynamic and static reactive reserve available. ix) Excitation System and Automatic Voltage Regulation - A Plant excitation system response ratio shall not be less than 0.5 (five-tenths). It shall conform, as near as achievable, to the field voltage vs. time criteria specified in American National Standards Institute Standard C50.13-1989 in order to permit adequate field forcing during transient conditions. A power system stabilizer ("PSS") shall be installed on each new generating unit to be interconnected unless specifically exempted from this requirement by ERCOT. Generator shall determine the PSS settings to dampen local area modes with oscillations within the range of 0.2 Hz to 2 Hz. The PSS settings shall be tested and tuned for adequate damping during PSS commissioning. Final PSS settings shall be provided to ERCOT and TSP within thirty (30) days of commissioning. The PSS shall be kept in service and maintained in working order throughout the service life of the Plant. The PSS requirement is not applicable to asynchronous resources including photovoltaic solar and wind generation facilities. Each generator's exciter and exciter controls shall have a ride-through capability for significant system voltage disturbances (i.e., utilize UPS or DC design). Generator shall maintain the AVR of each generating unit in service and operable at all times. If the AVR is removed from service for maintenance or repair, TSP shall be notified. x) Governor System - Plant governors shall be able to respond to interconnection frequency deviations and help return interconnection frequency to normal following an upset on the ERCOT transmission grid to assist in maintaining interconnection stability. 12.7. Generator shall not energize a de-energized TIF circuit, unless under direction of TSP. The line switch will have dual locks to allow Generator and TSP to lock it for clearances.

12.8. Generator shall maintain an operating log at each generating unit at the Plant that, at a minimum, will indicate changes in operating status (available or unavailable), maintenance outages, trip indications, or other unusual conditions found upon inspection. For generators that are "block-loaded" to a specific MW level, changes in this setting shall also be logged. TSP may waive this requirement at its discretion. Reliability information, as required by ERCOT Requirements, will be maintained by Generator.

12.9. TSP considers the energy and power that the Plant and GIF may from time to time consume from the transmission grid through the Point of Interconnection to be a retail transaction and as such, TSP does not intend to be the provider of this retail service. Generator shall make necessary arrangements with the appropriate retail supplier for the energy and power that the Plant and GIF may consume from the transmission grid through the Point of Interconnection.

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12.10. Generator shall notify TSP in writing as to which initial ERCOT Qualified Scheduling Entity the Plant will be scheduling through and any changes made thereafter.

12.11. Upon written request from TSP, Generator shall supply notification to TSP identifying their retail service provider.

12.12. Generator shall use commercially reasonable efforts to change the GIF as may be reasonably required by TSP to meet future changes in the TSP System. Generator shall be given reasonable notice by TSP prior to the date that any such required change in the GIF must be made.

12.13. If this Agreement has been executed prior to ERCOT's approval of the completed Full Interconnection Study, then upon the required ERCOT approval, TSP will establish a new schedule for completion of the TIF if necessary, and the In-Service Date, Scheduled Trial Operation Date and Scheduled Commercial Operation Date shall be adjusted accordingly. TSP may, by written notice to Generator, require Generator to execute an amendment to this Agreement to reflect the effect of that Full Interconnection Study and the ERCOT approval on the i) Time Schedule set forth in this Exhibit "B"; ii) the Interconnection Details set forth in Exhibit "C"; and/or iii) the Security Arrangement Details set forth in Exhibit "E". Generator's failure to execute such an amendment within thirty (30) days of receipt of written notice from TSP shall constitute a Default, and in that event, TSP shall have all the rights and remedies set forth in Section 10.6 of Exhibit "A" to this Agreement.

12.14. Each Party will comply with NERC Reliability Standards applicable to its facilities identified in this Exhibit "C". Each Party shall provide to the other Party all information related to its interconnection facilities that may reasonably be required by the other Party to comply with NERC Reliability Standards applicable to its interconnection facilities, if any. "NERC Reliabilitv Standards" means the mandatory electric reliability standards established and enforced by the North American Electric Reliability Corporation or its successor electric reliability organization.

12.15. The following supplemental terms and conditions are intended to define the real estate requirements set forth in Sections 4.3 and 6.3 of this Agreement. Unless TSP will utilize existing TSP real estate interests or unless TSP notifies Generator in writing that it will be acquiring the real estate interests, the following supplemental terms and conditions shall be applicable if TSP is constructing a new transmission station to interconnect Generator's Plant, or if TSP is constructing a new TSP transmission line to connect Generator's Plant with TSP's transmission facilities:

i) Generator shall purchase the real estate and transfer to TSP the acreage designated for the Station development, at no cost to TSP, in fee. Once Generator obtains title to the property, it will execute TSP's standard option contract, providing TSP at least two (2) months to conduct its due diligence.

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The due diligence period will begin after: 1) the option contract is fully executed; and 2) TSP has received project approval from its board of directors. To expedite the title search, Generator will provide TSP with the original owner's and Generator's vesting deeds, the title policy insuring Generator's purchase, and any exception documents enumerated on that policy. Generator will provide TSP with the most current American Land Title Association ("ALTA") survey of the property. TSP will conduct its own environmental analysis, and purchase an updated ALTA survey with all current title exceptions and easements documented. TSP will purchase, at its option, an updated title search and policy, for fair market value, with all standard exceptions and arbitration provisions removed. Generator will transfer the property designated for the Station site from Generator to TSP, using TSP's standard general warranty deed. TSP will bear the cost of drafting the option contract and general warranty deed. The Parties agree that no changes will be made from the standard option contract or general warranty deed, except those approved in writing by TSP, as deemed appropriate by TSP.

ii) If the Station site does not abut a public roadway, Generator will provide TSP with legal access to the premises. Access will be either in fee, or in a perpetual easement for ingress/egress, or series of such easements, at TSP's discretion, which must include specific rights to build and maintain a roadway. The width necessary for access may vary, depending upon the terrain, but must be twenty-five (25) feet wide, at a minimum, to accommodate vehicle access for maintenance and future upgrades. If the site access is purchased in fee, the appropriate provision for that additional land will be included in TSP's standard option contract. If a perpetual easement is acceptable to TSP, Generator will utilize TSP's standard access easement. TSP will bear the cost of drafting the option contract or access easement(s). The Parties agree that no changes will be made from the standard access easement, except those approved in writing by TSP, as deemed appropriate by TSP.

iii) Generator will grant easements and rights-of-way upon and across the lands owned by Generator for the lines which will connect Generator's facilities with TSP's transmission facilities, or will purchase such easements and rights-of-way across lands owned by third parties. If applicable, Generator will be responsible for obtaining all appropriate easements and rights-of- way for connection of TSP's Station facilities with the power transmission lines in the area. Generator shall pay the cost of acquiring all easements which are deemed necessary by TSP, including the cost of all title examinations and surveys as TSP may deem reasonably necessary. Generator will utilize TSP's standard easement and right of way agreement for these transfers. TSP will bear the cost of drafting the easement and right of way agreement(s). The Parties agree that no changes will be made from

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the standard easement and right of way agreement, except those approved in writing by TSP, as deemed appropriate by TSP.

12.16. Generator shall construct the GIF in accordance with TSP's "Requirements for Connection of New Facilities or Changes to Existing Facilities Connected to the AEP Transmission System" (or its successor) in effect at the time Generator provides authorization to commence construction per Exhibit "B" above. If Generator materially modifies the GIF, Generator shall comply with TSP's "Requirements for Connection of New Facilities or Changes to Existing Facilities Connected to the AEP Transmission System" (or its successor) in effect at the time of such modifications. Where the "Requirements for Connection of New Facilities or Changes to Existing Facilities Connected to the AEP Transmission System" are in conflict with this Agreement, this Agreement shall prevail.

12.17. Generator shall provide information in accordance with TSP's "Data and Modeling Requirements for Conventional Resource Entities" or "Data and Modeling Requirements for Solar and Wind Resource Entities" as applicable (or its successor) in effect at the time Generator provides authorization to commence construction per Exhibit "B" above. If Generator materially modifies the GIF, Generator shall provide TSP the modified GIF information in accordance with TSP's "Data and Modeling Requirements for Conventional Resource Entities" or "Data and Modeling Requirements for Solar and Wind Resource Entities" as applicable (or its successor) in effect at the time of such modifications.

13. Special Operating Terms and Conditions:

13.1. For thermal powered generation, a Generator not qualified by ERCOT as a Quick Start Generation Resource ("OSGR"), will provide TSP at least thirty (30) minutes prior notice before coming on-line or off-line so TSP can adjust reactive resources. For thermal powered generation, a Generator qualified as a QSGR, will provide TSP at least ten (10) minutes prior notice before coming on-line or off-line so TSP can adjust reactive resources.

13.2. For wind powered generation greater than 50 MW, Generator shall notify TSP at least thirty (30) minutes in advance any time the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii) above or any time Generator expects generation rate changes greater than 20% per minute of the Plant's nameplate MW rating.

13.3. For solar powered generation greater than 10 MW, Generator shall notify TSP at least thirty (30) minutes in advance any time the reactive capability is expected to deviate by more than 10% from the reactive capability curves provided in accordance with Section 12.6(viii) above; TSP will coordinate the deviation in entire-site reactive disconnections of fifteen (15) minutes between solar farms in the same area, if any, for daily planned disconnections.

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13.4 For battery storage resources greater than 5 MW, in addition to Generator's obligations set forth in Section 11 of Exhibit"C" to this Agreement, Generator shall supply to TSP information including, but not limited to, the following: i) indication of battery charging and discharging conditions; ii) battery charge available; iii) time remaining at the present discharge rate; iv) maximum available power; v) voltage regulation set point; and vi) battery AVR status. Generator shall supply such information to TSP in a format satisfactory to TSP.

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THIS PAGE IS IN COLOR AND CAN BE VIEWED IN CENTRAL RECORDS OR THE PUC INTERCHANGE BY DOWNLOADING THE NATIVE FILE (ZIP) FOR THIS ITEM NUMBER IN DOCKET NO. 50964 DocuSign Envelope ID: 7A2C1683-C789-4B63-84D8-74D46D1C5C7C PUC Docket No. 50964 Attachment 3 Page 46 of 56

EXHIBIT "D"

NOTICE INFORMATION OF THE INTERCONNECTION AGREEMENT

(a) All notices of an operational nature shall be in writing and/or may be sent between the Parties via electronic mail with read receipt as follows:

If to Generator: If to Transmission Service Provider:

Company Corazon Energy, LLC Electric Transmission Texas, LLC Name: c/o American Electric Power Service Corporation Attn: George Gunnoe, Development Manager, Transmission Operations Manager Reliability Address: 17901 Von Karman Ave., Suite 12730 Hearn Road 1050 City, State, Zip: Irvine, CA 92614 Corpus Christi, TX 78410 24-Hour Phone: 949-398-3915 361-289-4003 E-mail: [email protected] [email protected]

Copy: Company Electric Transmission Texas, LLC Name: c/o American Electric Power Service Corporation Attn: Manager, Transmission Dispatching Address: 12730 Hearn Road City, State, Zip: Corpus Christi, TX 78410 24-Hour Phone: 361-289-4006 E-mail: [email protected]

(b) Notices of an administrative nature:

If to Generator: If to Transmission Service Provider:

Company Name: Corazon Energy, LLC Electric Transmission Texas, LLC Attn: George Gunnoe, Development Michael M. Macias, Vice President Manager Address: 17901 Von Karman Ave., Suite 400 W. 15th Street, Suite 800 1050 City, State, Zip: Irvine, CA 92614 Austin, TX 78701-1677 Phone: 949-398-3915 512-391-6311 E-mail: [email protected] [email protected]

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Copy: Company Electric Transmission Texas, LLC Name: c/o American Electric Power Service Corporation Attn: Director, System Interconnections Address: 212 E. 6th Street City, State, Zip: Tulsa, OK 74119 Phone: 918-599-2723 E-mail: [email protected]

(c) Notice for statement and billing purposes:

Ifto Generator: Ifto Transmission Service Provider:

Company Corazon Energy, LLC Electric Transmission Texas, LLC Name: c/o American Electric Power Service Corporation Attn: Accounts Payable Accounts Receivable Address: 17901 Von Karman Ave., Suite 301 Cleveland Ave SW 1050 City, State, Zip: Irvine, CA 92614 Canton, OH 44702

(d) Information concerning Electronic Funds Transfers:

If to Generator: Ifto Transmission Service Provider:

Bank Name: HSBC Citibank, N. A. Address: 452 Fifth Avenue 111 Wall Street City, State: New York, 10018 New York, NY 10043 ABA No. 021001088 021000089 for credit to BayWa r.e. Solar Projects, LLC Electric Transmission Texas, LLC Account No. 048427764 30737169

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EXHIBIT "E"

SECURITY ARRANGEMENT DETAILS

1. As a condition to TSP's obligation to plan, license, engineer, design, procure equipment and materials, and construct the TIF described in Section 8 of Exhibit "C", Generator will provide a financial security ("Security") in the form of one (1) or more letters of credit ("LCD, corporate guaranty or other form of collateral security reasonably acceptable to TSP in an ainount totaling Twenty Million Dollars ($20,000,000),as required pursuant to Section 8.3 of this Agreement. Such Security shall be provided by the dates and in the amounts set forth in the following schedule:

Date Due Amount Within ten (10) business days after receipt of written notice from TSP that $1,500,000 TSP has executed this Agreement

Within three (3) months after $18,500,000 the Execution Date

2. Depending upon the creditworthiness ofthe proposed guarantor, a corporate guaranty may or may not be acceptable Security. If Generator chooses to provide a corporate guaranty, it shall provide any financial reports requested by TSP upon execution of this Agreement. If the creditworthiness of the proposed guarantor is acceptable to TSP, the corporate guaranty shall be in a form similar to that shown in Exhibit "IE-1" or, if in a form not similar to that shown in Exhibit "E-1" in a form acceptable to TSP. Generator shall provide annual audited financial statements of the guarantor for so long as the guaranty is in effect. In addition, Generator agrees to provide financial information concerning the guarantor as may be requested from time to time by TSP.

3. LC means one ( 1) or more irrevocable, transferable standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch that has a credit rating of at least A- from Standard and Poor's or an A3 credit rating from Moody's Investors Services. The LC will be maintained with a bank having such credit rating for the entire period that the LC is in effect. TSP reserves the right to request multiple LC providers, depending on the amount of security required. The LC shall be in a form substantially similar to that shown in Exhibit "E-2" or, i f not in a form similar to that shown in Exhibit "E-2," in a form acceptable to TSR Such LC shall state that it is issued in favor of TSP and specify as its expiry date the date that follows the Commercial Operation Date indicated in Exhibit "B" by one (1) year. Costs of the LC shall be borne by the Generator.

4. TSP may by written notice to Generator require Generator to increase, replenish, or replace the Security from time to time i) if TSP determines in its reasonable discretion that the remaining Security is not adequate to cover the costs that TSP then reasonably estimates could become payable pursuant to this Agreement5 ii) in the case of a letter of credit, if at any time the bank issuing the letter of credit no longer meets the criteria set forth in Section 3 above, or iii) in the

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case of a guaranty, if at any time the creditworthiness of the guarantor is no longer reasonably acceptable to TSP. Generator will tender any such increase, replenishment, or replacement to TSP within thirty (30) days of such notice. No forbearance or delay on the part of TSP in requiring an increase, replenishment, or replacement of the Security will be a waiver of its right to do so.

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