{\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fnil\fcharset0 Microsoft Sans Serif;}{\f1\fswiss\fprq2\fcharset0 Arial;}} \viewkind4\uc1\pard\f0\fs17\par \par Martins Creek, LLC as of 3/2/2017\par Electric MBR\par FERC Electric Tariff Original Volume No. 1\par Effective Date:\tab\tab 06/27/2015\tab\tab\tab\tab Status:\tab\tab\tab Effective\par FERC Docket:\tab\tab ER15-02018-000\tab 357\par FERC Order:\tab\tab Delegated Letter Order\tab\tab\tab\tab Order Date:\tab\tab 08/18/2015\par Market-Based Rate Tariff, FERC Electric Tariff, 4.0.0\tab A\par \par \pard\nowidctlpar\sa240\qj\f1\fs24 1.\tab\b Availability:\b0\par \pard\nowidctlpar\fi720\sa240\qj a.\tab Energy and Capacity: Seller makes electric energy and capacity available under this Rate Schedule to any purchaser for resale.\par b.\tab\b Ancillary Services:\b0 Seller makes ancillary services available under this Rate Schedule as specified below.\par \pard\nowidctlpar\fi1440\sa240\qj (i)\tab\b New England:\b0 Seller offers regulation and frequency response service (automatic generator control), operating reserve service (which includes 10-minute spinning reserve, 10-minute non-spinning reserve, and 30-minute operating reserve service) to purchasers within the markets administered by the ISO New England, Inc.\par (ii)\tab\b PJM:\b0 Seller offers regulation and frequency response service, energy imbalance service, and operating reserve service (which includes spinning, 10-minute, and 30-minute reserves) for sale into the market administered by PJM Interconnection, L.L.C. ("PJM") and, where the PJM Open Access Transmission Tariff permits, the self-supply of these services to purchasers for a bilateral sale that is used to satisfy the ancillary services requirements of the PJM Office of Interconnection.\par (iii)\tab\b New York:\b0 Seller offers regulation and frequency response service, and operating reserve service (which include 10-minute non-synchronous, 30-minute operating reserves, 10-minute spinning reserves, and 10-minute non-spinning reserves) for sale to purchasers in the market administered by the New York Independent System Operator, Inc.\par (iv)\tab\b California:\b0 Seller offers regulation service, spinning reserve service, and non-spinning reserve service to the California Independent System Operator Corporation ("CAISO") and to others that are self-supplying ancillary services to the CAISO.\par \pard\nowidctlpar\sa240\tx1440\tab (v)\tab\b MISO: \b0 Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midcontinent Independent System Operator, Inc. (\ldblquote MISO\rdblquote ) and to others that are self-supplying ancillary services to MISO.\par \pard\nowidctlpar\fi1440\sa240\qj (vi)\tab\b Third-party ancillary services:\b0 Seller offers regulation and frequency response service, reactive supply and voltage control service, energy and generator imbalance service, operating reserve-spinning, and operating reserve-supplemental. Sales will not include the following: (1) sales to an RTO or an ISO, i.e., where that entity has no ability to self-supply ancillary services but instead depends on third parties; and (2) sales to a traditional, franchised public utility affiliated with the third-party supplier, or sales where the underlying transmission service is on the system of the public utility affiliated with the third-party supplier. Sales of operating reserve-spinning and operating reserve-supplemental will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except where the Commission has granted authorization. Sales of regulation and frequency response service and reactive supply and voltage control service will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except at rates not to exceed the buying public utility transmission provider\rquote s OATT rate for the same service or where the Commission has granted authorization.\par \pard\nowidctlpar\sa240\qj 2.\tab\b Applicability:\b0 This Rate Schedule is applicable to all sales of energy, capacity, or ancillary services by Seller into balancing authority areas where Seller has been authorized to sell at market-based rates that are not otherwise subject to a particular rate schedule of Seller.\par 3.\tab\b Rates: \b0 All sales shall be made at rates established by agreement between the purchaser and Seller.\par 4.\tab\b Other Terms and Conditions:\b0 All other terms and conditions shall be established by agreement between the purchaser and Seller.\par 5.\tab\b Separately Stated Prices:\b0 The prices for wholesale generation of electricity, transmission services and ancillary services shall be separately stated for any sale made under this Rate Schedule.\par 6.\tab\b Compliance with Commission Regulations:\b0 Seller shall comply with the provisions of 18 C.F.R. Part 35, Subpart H, as applicable, and with any conditions the Commission imposes in its order concerning seller's market-based rate authority, including orders in which the Commission authorizes the seller to engage in affiliate sales under this tariff or otherwise restricts or limits the seller's market-based rate authority. Failure to comply with the applicable provisions of 18 C.F.R. Part 35, Subpart H, and with any orders of the Commission concerning seller's market-based rate authority, will constitute a violation of this tariff.\par 7.\tab\b Limitations and Exemptions Regarding Market-Based Rate Authority:\b0 The Commission granted Seller the following waivers and blanket authorizations: (a) waiver of the provisions of Subpart B and C of Part 35 of the Commission's regulations, regarding the filing of rate schedules, with the exception of 18 C.F.R. \'a7\'a7 35.12(a), 35.13(b), 35.15 and 35.16; (b) waiver of Parts 41, 101, and 141 of the Commission's regulations, with the exception of 18 C.F.R \'a7\'a7 141.14 and 141.15; and (c) blanket authorization under Section 204 of the Federal Power Act and Part 34 of the Commission's regulations for all future issuances of securities or assumptions of liabilities. \i PPL Martins Creek, LLC, et al.\i0 , 90 FERC \'b6 61,063, at App. B (2000).\par 8.\tab\b Seller Category:\b0 Seller is a Category 2 seller in the Northeast region and a Category 1 seller in the Central, Northwest, Southeast, Southwest and SPP regions, as defined in 18 C.F.R. \'a7 35.36(a).\par \pard\f0\fs17\par }