FuelCell Energy Inc (FCEL)

[krays]

Tulare is done, COD 12-31-19

In August 2019 SCE and FCE reached agreement on amendment languageto the
Tulare project BioMAT PPA. This enabled FCE to proceed with activities leading to start-up of
this project, which had been completed months earlier but prevented from commencing
commercial operations due to SCE’s refusal to recognize the eligibility of the directed biogas
start up fuel. FCE believed that an amendment to the Tulare PPA was unnecessary. However,
the substantial delay in project commissioning occasioned by SCE’s position concerning the use
of directed biogas placed undue financial strain on FCE and created issues with FCE’s project
lenders. Thus, FCE had no choice but to accede to SCE’s demand for an amendment in order to
move forward with commissioning the Tulare project.

Executed on November 1, 2019 at Danbury, Connecticut
____________________________
Jennifer D. Arasimowicz

http://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M319/K016/319016357.PDF