{\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fnil\fcharset0 Microsoft Sans Serif;}{\f1\froman\fprq2\fcharset0 Times New Roman;}{\f2\froman\fcharset0 Times New Roman Bold;}} \viewkind4\uc1\pard\f0\fs17\par \par Pastoria Energy Facility L.L.C. as of 3/2/2017\par Electric MBR\par FERC Electric Tariffs\par Effective Date:\tab\tab 09/19/2012\tab\tab\tab\tab Status:\tab\tab\tab Effective\par FERC Docket:\tab\tab ER12-02645-000\tab 2\par FERC Order:\tab\tab Delegated Letter Order\tab\tab\tab\tab Order Date:\tab\tab 10/16/2012\par Market-Based Rate Tariff, FERC Electric Tariff Volume No. 1, 1.0.0\tab A\par \par \pard\nowidctlpar\qc\b\caps\f1\fs24 Pastoria Energy FACILITY L.L.C.\par \pard\nowidctlpar\sb240\qc\caps0\f2 Market-Based Rate Tariff\par \caps\f1\par \pard\nowidctlpar\fi-720\li720\sa120\qj\b0\caps0 1.\tab\ul Availability\ulnone : Pastoria Energy Facility L.L.C. (\ldblquote Seller\rdblquote ) will make wholesale electric energy, capacity, and ancillary services available under this Tariff, except as prohibited below:\par \tab\ul RTO/ISO Specific\par \pard\nowidctlpar\li720\sa120\qj PJM\ulnone : 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. (\ldblquote PJM\rdblquote ) 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 \pard\nowidctlpar\fi-720\li720\sa120\qj\tab\ul New York\ulnone : Seller offers regulation and frequency response service, and operating reserve service (which includes 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 \tab\ul New England\ulnone : 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 \pard\nowidctlpar\li720\sa120\qj\ul California\ulnone : Seller offers regulation service, spinning reserve service, and non-spinning reserve service to the California Independent System Operator Corporation (\ldblquote CAISO\rdblquote ) and to others that are self-supplying ancillary services to the CAISO.\par \ul Midwest ISO\ulnone : Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midwest Independent Transmission System Operator, Inc. (\ldblquote Midwest ISO\rdblquote ) and to others that are self-supplying ancillary services to Midwest ISO.\par \pard\nowidctlpar\fi-720\li720\sa120\qj\tab\ul Third Party Provider\par \pard\nowidctlpar\li720\sa120\qj\ulnone Third-party ancillary services include: Regulation Service, Energy Imbalance Service, Spinning Reserves, and Supplemental Reserves. Sales will not include the following: (1) sales to an RTO or an ISO, \i i.e.\i0 , where that entity has no ability to self-supply ancillary services but instead depends on third parties; (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; and (3) 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.\par \pard\nowidctlpar\fi-720\li720\sa120\qj 2.\tab\ul Applicability\ulnone : This schedule is applicable to all wholesale sales of energy, capacity, and ancillary services by Seller not otherwise subject to a particular tariff of Seller.\par 3.\tab\ul Rates\ulnone : All sales shall be made at rates established by agreement between the purchaser and Seller.\par 4.\tab\ul Other Terms and Conditions\ulnone : All other terms and conditions shall be established by agreement between the purchaser and Seller.\par 5.\tab\ul Compliance with Commission Regulations\ulnone : Seller shall comply with the provisions of 18 CFR Part 35, Subpart H, as applicable, and with any conditions the Commission imposes in its orders concerning Seller\rquote s market-based rate authority, including orders in which the Commission authorizes Seller to engage in affiliate sales under this Tariff or otherwise restricts or limits the Seller\rquote s market-based rate authority. Failure to comply with the applicable provisions of 18 CFR Part 35, Subpart H, and with any orders of the Commission concerning Seller\rquote s market-based rate authority, will constitute a violation of this Tariff.\par 6.\tab\ul Limitations and Exemptions Regarding Market-Based Rate Authority\ulnone : The Commission has granted Seller in \i Pastoria Energy Center, LLC\i0 , 109 FERC \'b6 61,274 (2004), the following limitations and exemptions: (i) waivers of Parts 41, 101 and 141 of the Commission\rquote s accounting and periodic reporting requirements, (ii) waivers of Subparts B and C of Part 35 of the Commission\rquote s regulations requiring the filing of cost-of-service information, except as to sections 35.12(a), 35.13(b), 35.15, and 35.16, and (iii) blanket authorization for all future issuances of securities or assumptions of liabilities pursuant to Section 204 of the Federal Power Act, 16 U.S.C. \'a7 824e, and Part 34 of the Commission\rquote s regulations.\par 7.\tab\expndtw-3\ul Seller Category\ulnone : Seller is a Category 2 seller in all regions, as defined in 18 CFR \'a7 35.36(a).\expndtw0\par 8. \tab\ul Effective Date\ulnone : This Tariff shall be effective on and after the date on which the Commission permits it to become effective.\par \pard\nowidctlpar\par \pard\f0\fs17\par }