{\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fnil\fcharset0 Microsoft Sans Serif;}{\f1\froman\fprq2\fcharset0 Times New Roman;}} \viewkind4\uc1\pard\f0\fs17\par \par Midway-Sunset Cogeneration Company as of 3/2/2017\par Electric MBR\par Tariff Database\par Effective Date:\tab\tab 06/29/2013\tab\tab\tab\tab Status:\tab\tab\tab Effective\par FERC Docket:\tab\tab ER13-01845-000\tab 295\par FERC Order:\tab\tab Delegated Letter Order\tab\tab\tab\tab Order Date:\tab\tab 03/19/2014\par Market-Based Rate Tariff, FERC Electric Tariff, 1.0.0\tab A\par \par \pard\nowidctlpar\fi-720\li720\sa240\f1\fs24 1.\tab\ul Availability\ulnone . Midway Sunset Cogeneration Company (Seller) may make electric capacity, energy and ancillary services available under this Tariff to any purchaser for resale.\par \pard\nowidctlpar\fi-720\li720\sa240\tx360 2.\tab\tab\ul Applicability\ulnone : This Tariff is applicable to all sales of capacity, energy, or ancillary services by Seller not otherwise subject to a particular tariff rate schedule on file with the Commission.\par 3.\tab\tab\ul Rates\ulnone : All sales shall be made at rates established by agreement between the purchaser and Seller.\par 4.\tab\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\tab\ul Ancillary Services\ulnone : \par \pard\nowidctlpar\fi-720\li1440\sa240\tx0 (a)\tab\ul 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 (b)\tab\ul New York\ulnone : 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 (c)\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 (d)\tab\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 (e)\tab\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 (f)\tab\ul Third Party Provider\ulnone : Seller offers Regulation Service, Energy Imbalance Service, Spinning Reserves, and Supplemental Reserves\i .\i0 Sales will not include the following: (1) sales to an RTO or an ISO, \ul i.e.\ulnone , 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\sa240 6.\tab\ul Compliance with Commission Regulations\ulnone . 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 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 C.F.R. 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 \pard\nowidctlpar\fi-720\li720\sa240\tx720\tx1440\tx2880\tx4320\tx5040\tx5760\tx6480\tx7200 7.\tab\ul Limitations and Exemptions Regarding Market-Based Rate Authority\ulnone . Seller has received (i) waiver of the accounting and reporting requirements contained in 18 C.F.R. Parts 41, 101, and 141, with the exception of 18 C.F.R. \'a7\'a7 141.14 and 141.15; (ii) waiver of 18 C.F.R. Part 35, Subparts B and C, except for sections 35.12(a), 35.13(b), 35.15, and 35.16; and (iii) blanket authorization for the issuance of securities and the assumption of liabilities. \i Midway Sunset Cogeneration Co.\i0 , 115 FERC \'b6 61,184 (2006). Sales under Seller\rquote s Amended and Restated Power Purchase Contract with SCE which was executed May 5, 1988 and Seller's As-Available Capacity and Energy Power Purchase Agreement with PG&E which was executed November 30, 1989 are exempt from Section 205 and sales outside of these contracts would be under market-based rates.\par 8.\tab\ul Seller Category\ulnone : Seller is a Category 2 seller, as defined in 18 C.F.R. \'a7 35.36(a), in the Southwest region, and a Category 1 seller in all other regions. \par \pard\f0\fs17\par }