Common use of Developer and Connecting Transmission Owner Milestones Item Date Responsible Party Clause in Contracts

Developer and Connecting Transmission Owner Milestones Item Date Responsible Party. 1 Mechanically Complete: 1a - Developer’s Attachment Facilities Complete Developer 1b - CTO’s Attachment Facilities Complete Developer 1c - System Upgrade Facilities 1c(i) --- GIS Switchgear Complete Developer 1c(ii) --- Switchyard Complete Developer 1c(iii) --- Q35L Feeder Feb 4 2011 Developer 1c(iv) --- Q35M Feeder Dec 20 2010 Developer 1c(v) --- Xxxx 00xx Xxxxxx ----- Q35L Feb 4 2011 Developer ----- Q35M Dec 20 2010 Developer 1c(vi) --- Farragut -----B47 Feb 4 2011 Developer -----48 Dec 20 2010 Developer 2 Operational Transfer Date Dec 17 2010 Developer/ Connecting Transmission Owner 3 Back Feed 3a - Q35L Feeder Feb 4 2011 Connecting Transmission Owner 3b - Q35M Feeder Dec 20 2010 Connecting Transmission Owner 3c - Power Plant via (G13) Dec 23 2010 Developer 4 First Fire 4a - CTG 000 Xxx 00 0000 Xxxxxxxxx 0x - XXX 401 Jan 29 2011 Developer 5 Ownership Transfer Date Jan 31 2011 Developer/ Connecting Transmission Owner 6 Initial Synchronization 6a - CTG 301 Feb 1 2011 Developer 6b - CTG 401 Feb 6 2011 Developer 6c - STG Apr 8 2011 Developer 7 Plant Commercial Operation Date May 31 2011 Developer The following notes apply to all work performed on Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities: A. Developer shall submit to Connecting Transmission Owner copies of all required construction permits including all supporting documentation such as calculations, applications and drawings within five days of the execution of this Interconnection Agreement reasonably requested, in writing, by Transmission Owner. B. Transmission System emergencies take precedence over all other work and could significantly impact the schedule depending upon the duration of the emergency. C. Connecting Transmission Owner schedules its resources months in advance, and its ability to reschedule manpower is limited by resource allocation to other Connecting Transmission Owner projects and tasks. Missing a schedule task or milestone date may result in some delay before Connecting Transmission Owner can reschedule its manpower to work on the assigned task. D. Developer shall submit, on or before the Ownership Transfer Date, to Connecting Transmission Owner the Turnover Package which consists of the following documents: picture of equipment nameplate, equipment documentation, Vendor O&M manual, vendor drawings, QA/QC documents, installation commissioning, Engineer of Record Professional, Engineer certification, certificate of occupancy, “as built” color markup of design drawings, and warranties. E. Developer shall be responsible for all fines imposed on Connecting Transmission Owner or the NYISO by a Governmental Authority or Applicable Reliability Councils due to any Developer action or inaction occurring prior to the Operational Transfer Date and relating to the Connecting Transmission Owner’s Attachment Facilities or Stand Alone System Upgrade Facilities. The Astoria Energy II Large Generating Facility is a combined cycle generation facility consisting of two (2) GE 7FA dual-fuel combustion gas turbines generators (GE model 7241, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 226 MVA 0.85 pf / lagging) and one (1) GE D11 steam turbine generator (GE model D11, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 325 MVA 0.85 pf / lagging), capable of producing approximately 550 MW of summer net output and 650 MW of winter net output (see next paragraph for more precise outputs). The reactive capability of the units is 0.85 Qmax supplying to 0.95 Qmin absorbing. The units are temperature sensitive and can produce an approximate summer maximum output, based on the temperature range of 85˚F to 95˚F, and an approximate winter output, based on the temperature range of 10˚F to 35˚F, as follows: P summer xxx xxxxx 595.225 MW @ 85f P aux load 19.272 MW @ 85f P summer max net 575.953 MW @ 85f P winter xxx xxxxx 632.760 MW @ 10f P aux load 15.537 MW @ 10f P winter max net 617.223 MW @ 10f Each GE 7FA combustion gas turbine generator has one (1) generator step up transformer (GSU); a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 129/172/215 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@129MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 9,200A , SF6, with a 9,200A motor operated disconnect switch and grounding switch. The GE D11 steam turbine generator has one (1) GSU; a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 192/256/320 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@192MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 12,000A, SF6, with a 12,000A motor operated disconnect switch and grounding switch. The Point of Interconnection (POI) is located at the new 345 kV New York Power Authority (NYPA) Annex Substation, between breaker positions 1 and 2, as shown in Figure A-1 in Appendix A on page A-10. From the 345 kV NYPA Annex Substation, power will flow to the Con Edison East 13th Street 345 kV Substation via the NYPA Q35L and Q35M 345 kV feeders. The new 345 kV NYPA Annex Substation is configured as a four breaker ring bus utilizing GIS equipment with expansion capability for an additional (fifth) breaker position, providing for the immediate connection of the Astoria Energy II XXX, XXXX X00X feeder, NYPA Q35M feeder, and one additional generator. Existing shunt reactors, previously located at the recently retired NYPA Xxxxxxx Xxxxxxx Power Project, are to be relocated to the site of the new 345 kV NYPA Annex Substation.

Developer and Connecting Transmission Owner Milestones Item Date Responsible Party. 1 Mechanically Complete: 1a - Developer’s Attachment Facilities Complete Developer 1b - CTO’s Attachment Facilities Complete Developer 1c - System Upgrade Facilities 1c(i) --- GIS Switchgear Complete Developer 1c(ii) --- Switchyard Complete Developer 1c(iii) --- Q35L Feeder Feb 4 2011 Developer 1c(iv) --- Q35M Feeder Dec 20 2010 Developer 1c(v) --- Xxxx 00xx Xxxxxx ----- Q35L Feb 4 2011 Developer ----- Q35M Dec 20 2010 Developer 1c(vi) --- Farragut -----B47 Feb 4 2011 Developer -----48 Dec 20 2010 Developer 2 Operational Transfer Date Dec 17 2010 Developer/ Connecting Transmission Owner 3 Back Feed 3a - Q35L Feeder Feb 4 2011 Connecting Transmission Owner 3b - Q35M Feeder Dec 20 2010 Connecting Transmission Owner 3c - Power Plant via (G13) Dec 23 2010 Developer 4 First Fire 4a - CTG 000 Xxx 00 0000 Xxxxxxxxx 0x - XXX 401 Jan 29 2011 Developer 5 Ownership Transfer Date Jan 31 2011 Developer/ Connecting Transmission Owner 6 Initial Synchronization 6a - CTG 301 Feb 1 2011 Developer 6b - CTG 401 Feb 6 2011 Developer 6c - STG Apr 8 2011 Developer 7 Plant Commercial Operation Date May 31 2011 Developer The following notes apply to all work performed on Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities: A. : Developer shall submit to Connecting Transmission Owner copies of all required construction permits including all supporting documentation such as calculations, applications and drawings within five days of the execution of this Interconnection Agreement reasonably requested, in writing, by Transmission Owner. B. . Transmission System emergencies take precedence over all other work and could significantly impact the schedule depending upon the duration of the emergency. C. Connecting Transmission Owner schedules its resources months in advance, and its ability to reschedule manpower is limited by resource allocation to other Connecting Transmission Owner projects and tasks. Missing a schedule task or milestone date may result in some delay before Connecting Transmission Owner can reschedule its manpower to work on the assigned task. D. Developer shall submit, on or before the Ownership Transfer Date, to Connecting Transmission Owner the Turnover Package which consists of the following documents: picture of equipment nameplate, equipment documentation, Vendor O&M manual, vendor drawings, QA/QC documents, installation commissioning, Engineer of Record Professional, Engineer certification, certificate of occupancy, “as built” color markup of design drawings, and warranties. E. Developer shall be responsible for all fines imposed on Connecting Transmission Owner or the NYISO by a Governmental Authority or Applicable Reliability Councils due to any Developer action or inaction occurring prior to the Operational Transfer Date and relating to the Connecting Transmission Owner’s Attachment Facilities or Stand Alone System Upgrade Facilities. The Astoria Energy II Large Generating Facility is a combined cycle generation facility consisting of two (2) GE 7FA dual-fuel combustion gas turbines generators (GE model 7241, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 226 MVA 0.85 pf / lagging) and one (1) GE D11 steam turbine generator (GE model D11, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 325 MVA 0.85 pf / lagging), capable of producing approximately 550 MW of summer net output and 650 MW of winter net output (see next paragraph for more precise outputs). The reactive capability of the units is 0.85 Qmax supplying to 0.95 Qmin absorbing. The units are temperature sensitive and can produce an approximate summer maximum output, based on the temperature range of 85˚F to 95˚F, and an approximate winter output, based on the temperature range of 10˚F to 35˚F, as follows: P summer xxx xxxxx 595.225 MW @ 85f P aux load 19.272 MW @ 85f P summer max net 575.953 MW @ 85f P winter xxx xxxxx 632.760 MW @ 10f P aux load 15.537 MW @ 10f P winter max net 617.223 MW @ 10f Each GE 7FA combustion gas turbine generator has one (1) generator step up transformer (GSU); a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 129/172/215 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@129MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 9,200A , SF6, with a 9,200A motor operated disconnect switch and grounding switch. The GE D11 steam turbine generator has one (1) GSU; a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 192/256/320 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@192MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 12,000A, SF6, with a 12,000A motor operated disconnect switch and grounding switch. The Point of Interconnection (POI) is located at the new 345 kV New York Power Authority (NYPA) Annex Substation, between breaker positions 1 and 2, as shown in Figure A-1 in Appendix A on page A-10. From the 345 kV NYPA Annex Substation, power will flow to the Con Edison East 13th Street 345 kV Substation via the NYPA Q35L and Q35M 345 kV feeders. The new 345 kV NYPA Annex Substation is configured as a four breaker ring bus utilizing GIS equipment with expansion capability for an additional (fifth) breaker position, providing for the immediate connection of the Astoria Energy II XXX, XXXX X00X feeder, NYPA Q35M feeder, and one additional generator. Existing shunt reactors, previously located at the recently retired NYPA Xxxxxxx Xxxxxxx Power Project, are to be relocated to the site of the new 345 kV NYPA Annex Substation.

Developer and Connecting Transmission Owner Milestones Item Date Responsible Party. 1 Mechanically Complete: 1a - Developer’s Attachment Facilities Complete Developer 1b - CTO’s Attachment Facilities Complete Developer 1c - System Upgrade Facilities 1c(i) --- GIS Switchgear Complete Developer 1c(ii) --- Switchyard Complete Developer 1c(iii) --- Q35L Feeder Feb 4 2011 Developer 1c(iv) --- Q35M Feeder Dec 20 2010 Developer 1c(v) --- Xxxx 00xx Xxxxxx ----- Q35L Feb 4 2011 Developer ----- Q35M Dec 20 2010 Developer 1c(vi) --- Farragut -----B47 Feb 4 2011 Developer -----48 Dec 20 2010 Developer 2 Operational Transfer Date Dec 17 2010 Developer/ Connecting Transmission Owner 3 Back Feed 3a - Q35L Feeder Feb 4 2011 Connecting Transmission Owner 3b - Q35M Feeder Dec 20 2010 Connecting Transmission Owner 3c - Power Plant via (G13) Dec 23 2010 Developer 4 First Fire 4a - CTG 000 Xxx 00 0000 Xxxxxxxxx 0x - XXX 401 Jan 29 2011 Developer 5 Ownership Transfer Date Jan 31 2011 Developer/ Connecting Transmission Owner 6 Initial Synchronization 6a - CTG 301 Feb 1 2011 Developer 6b - CTG 401 Feb 6 2011 Developer 6c - STG Apr 8 2011 Developer 7 Plant Commercial Operation Date May 31 2011 Developer The following notes apply to all work performed on Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities: A. Developer X. Xxxxxxxxx shall submit to Connecting Transmission Owner copies of all required construction permits including all supporting documentation such as calculations, applications and drawings within five days of the execution of this Interconnection Agreement reasonably requested, in writing, by Transmission Owner. B. Transmission System emergencies take precedence over all other work and could significantly impact the schedule depending upon the duration of the emergency. C. Connecting Transmission Owner schedules its resources months in advance, and its ability to reschedule manpower is limited by resource allocation to other Connecting Transmission Owner projects and tasks. Missing a schedule task or milestone date may result in some delay before Connecting Transmission Owner can reschedule its manpower to work on the assigned task. D. Developer shall submit, on or before the Ownership Transfer Date, to Connecting Transmission Owner the Turnover Package which consists of the following documents: picture of equipment nameplate, equipment documentation, Vendor O&M manual, vendor drawings, QA/QC documents, installation commissioning, Engineer of Record Professional, Engineer certification, certificate of occupancy, “as built” color markup of design drawings, and warranties. E. Developer X. Xxxxxxxxx shall be responsible for all fines imposed on Connecting Transmission Owner or the NYISO by a Governmental Authority or Applicable Reliability Councils due to any Developer action or inaction occurring prior to the Operational Transfer Date and relating to the Connecting Transmission Owner’s Attachment Facilities or Stand Alone System Upgrade Facilities. The Astoria Energy II Large Generating Facility is a combined cycle generation facility consisting of two (2) GE 7FA dual-fuel combustion gas turbines generators (GE model 7241, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 226 MVA 0.85 pf / lagging) and one (1) GE D11 steam turbine generator (GE model D11, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 325 MVA 0.85 pf / lagging), capable of producing approximately 550 MW of summer net output and 650 MW of winter net output (see next paragraph for more precise outputs). The reactive capability of the units is 0.85 Qmax supplying to 0.95 Qmin absorbing. The units are temperature sensitive and can produce an approximate summer maximum output, based on the temperature range of 85˚F to 95˚F, and an approximate winter output, based on the temperature range of 10˚F to 35˚F, as follows: P summer xxx xxxxx 595.225 MW @ 85f P aux load 19.272 MW @ 85f P summer max net 575.953 MW @ 85f P winter xxx xxxxx 632.760 MW @ 10f P aux load 15.537 MW @ 10f P winter max net 617.223 MW @ 10f Each GE 7FA combustion gas turbine generator has one (1) generator step up transformer (GSU); a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 129/172/215 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@129MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 9,200A , SF6, with a 9,200A motor operated disconnect switch and grounding switch. The GE D11 steam turbine generator has one (1) GSU; a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 192/256/320 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@192MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 12,000A, SF6, with a 12,000A motor operated disconnect switch and grounding switch. The Point of Interconnection (POI) is located at the new 345 kV New York Power Authority (NYPA) Annex Substation, between breaker positions 1 and 2, as shown in Figure A-1 in Appendix A on page A-10. From the 345 kV NYPA Annex Substation, power will flow to the Con Edison East 13th Street 345 kV Substation via the NYPA Q35L and Q35M 345 kV feeders. The new 345 kV NYPA Annex Substation is configured as a four breaker ring bus utilizing GIS equipment with expansion capability for an additional (fifth) breaker position, providing for the immediate connection of the Astoria Energy II XXX, XXXX X00X feeder, NYPA Q35M feeder, and one additional generator. Existing shunt reactors, previously located at the recently retired NYPA Xxxxxxx Xxxxxxx Power Project, are to be relocated to the site of the new 345 kV NYPA Annex Substation.

Developer and Connecting Transmission Owner Milestones Item Date Responsible Party. 1 Mechanically Complete: 1a - Developer’s Attachment Facilities Complete Developer 1b - CTO’s Attachment Facilities Complete Developer 1c - System Upgrade Facilities 1c(i) --- GIS Switchgear Complete Developer 1c(ii) --- Switchyard Complete Developer 1c(iii) --- Q35L Feeder Feb 4 2011 Developer 1c(iv) --- Q35M Feeder Dec 20 2010 Developer 1c(v) --- Xxxx 00xx Xxxxxx East 13th Street ----- Q35L Feb 4 2011 Developer ----- Q35M Dec 20 2010 Developer 1c(vi) --- Farragut -----B47 Feb 4 2011 Developer -----48 Dec 20 2010 Developer 2 Operational Transfer Date Dec 17 2010 Developer/ Connecting Transmission Owner 3 Back Feed 3a - Q35L Feeder Feb 4 2011 Connecting Transmission Owner 3b - Q35M Feeder Dec 20 2010 Connecting Transmission Owner 3c - Power Plant via (G13) Dec 23 2010 Developer 4 First Fire 4a - CTG 000 Xxx 00 0000 Xxxxxxxxx 0x 301 Jan 26 2011 Developer 4b - XXX CTG 401 Jan 29 2011 Developer 5 Ownership Transfer Date Jan 31 2011 Developer/ Connecting Transmission Owner 6 Initial Synchronization 6a - CTG 301 Feb 1 2011 Developer 6b - CTG 401 Feb 6 2011 Developer 6c - STG Apr 8 2011 Developer 7 Plant Commercial Operation Date May 31 2011 Developer The following notes apply to all work performed on Connecting Transmission Owner’s Attachment Facilities and Stand Alone System Upgrade Facilities: A. Developer shall submit to Connecting Transmission Owner copies of all required construction permits including all supporting documentation such as calculations, applications and drawings within five days of the execution of this Interconnection Agreement reasonably requested, in writing, by Transmission Owner. B. Transmission System emergencies take precedence over all other work and could significantly impact the schedule depending upon the duration of the emergency. C. Connecting Transmission Owner schedules its resources months in advance, and its ability to reschedule manpower is limited by resource allocation to other Connecting Transmission Owner projects and tasks. Missing a schedule task or milestone date may result in some delay before Connecting Transmission Owner can reschedule its manpower to work on the assigned task. D. Developer shall submit, on or before the Ownership Transfer Date, to Connecting Transmission Owner the Turnover Package which consists of the following documents: picture of equipment nameplate, equipment documentation, Vendor O&M manual, vendor drawings, QA/QC documents, installation commissioning, Engineer of Record Professional, Engineer certification, certificate of occupancy, “as built” color markup of design drawings, and warranties. E. Developer shall be responsible for all fines imposed on Connecting Transmission Owner or the NYISO by a Governmental Authority or Applicable Reliability Councils due to any Developer action or inaction occurring prior to the Operational Transfer Date and relating to the Connecting Transmission Owner’s Attachment Facilities or Stand Alone System Upgrade Facilities. The Astoria Energy II Large Generating Facility is a combined cycle generation facility consisting of two (2) GE 7FA dual-fuel combustion gas turbines generators (GE model 7241, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 226 MVA 0.85 pf / lagging) and one (1) GE D11 steam turbine generator (GE model D11, 3 phase, 2 pole, 3600 RPM, 60 hertz, hydrogen cooled generators, nominal terminal voltage 18,000 volts, 325 MVA 0.85 pf / lagging), capable of producing approximately 550 MW of summer net output and 650 MW of winter net output (see next paragraph for more precise outputs). The reactive capability of the units is 0.85 Qmax supplying to 0.95 Qmin absorbing. The units are temperature sensitive and can produce an approximate summer maximum output, based on the temperature range of 85˚F to 95˚F, and an approximate winter output, based on the temperature range of 10˚F to 35˚F, as follows: P summer xxx xxxxx 595.225 MW @ 85f P aux load 19.272 MW @ 85f P summer max net 575.953 MW @ 85f P winter xxx xxxxx 632.760 MW @ 10f P aux load 15.537 MW @ 10f P winter max net 617.223 MW @ 10f Each GE 7FA combustion gas turbine generator has one (1) generator step up transformer (GSU); a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 129/172/215 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@129MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 9,200A , SF6, with a 9,200A motor operated disconnect switch and grounding switch. The GE D11 steam turbine generator has one (1) GSU; a Fortune Electric Co., Ltd. three phase, 18/355kV delta-wye, transformers rated 192/256/320 MVA (ONAN/ONAF/ONAF) with impedance 8.5%@192MVA and one (1) generator breaker; Areva 18kV, 80kA, 3 phase, 12,000A, SF6, with a 12,000A motor operated disconnect switch and grounding switch. The Point of Interconnection (POI) is located at the new 345 kV New York Power Authority (NYPA) Annex Substation, between breaker positions 1 and 2, as shown in Figure A-1 in Appendix A on page A-10. From the 345 kV NYPA Annex Substation, power will flow to the Con Edison East 13th Street 345 kV Substation via the NYPA Q35L and Q35M 345 kV feeders. The new 345 kV NYPA Annex Substation is configured as a four breaker ring bus utilizing GIS equipment with expansion capability for an additional (fifth) breaker position, providing for the immediate connection of the Astoria Energy II XXXLGF, XXXX X00X NYPA Q35L feeder, NYPA Q35M feeder, and one additional generator. Existing shunt reactors, previously located at the recently retired NYPA Xxxxxxx Xxxxxxx Power Project, are to be relocated to the site of the new 345 kV NYPA Annex Substation.