Letter Agreement Amending Power Purchase and Sale Agreement between Freeport-McMoRan Copper & Gold Energy Services, LLC and El Paso Electric Company (October 13, 2015)
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Summary
This agreement is between Freeport-McMoRan Copper & Gold Energy Services, LLC and El Paso Electric Company. It extends the purchase and sale of 125 megawatts (MW) of energy per hour under their existing Power Purchase and Sale Agreement until December 31, 2016. The agreement confirms both parties' acceptance of an additional 25 MW for one year, instead of reverting to the previous 100 MW. It also clarifies how the amount of firm energy dispatched will be calculated. Both parties have signed to acknowledge these terms.
EX-10.07 2 eeex_100720150930q3.htm EXHIBIT 10.07- LETTER AGREEMENT DATED AS OF OCTOBER 13, 2015 Exhibit



EXHIBIT 10.07

Emmanuel Villalobos
Forward Marketer, Long-Term Trading
El Paso Electric Company
October 13, 2015
Mr. Don Stoneberger
Freeport-McMoRan Copper & Gold Energy Services
333 North Central Avenue Suite 21.021
Phoenix, AZ 85004
Re: Power Purchase and Sale Agreement between Freeport-McMoRan Copper & Gold Energy Services, LLC And El Paso Electric Company
Dear Mr. Stoneberger,
Pursuant to Section 3.4 of the Power Purchase and Sale Agreement ("Agreement") between Freeport-McMoRan Copper & Gold Energy Services, LLC ("FMES") (formerly, Phelps Dodge Energy Services, LLC) and El Paso Electric Company ("EPE"), as memorialized by letter agreement dated March 23, 2015 among FMES, EPE and Samchully Power & Utilities 1, LLC, FMES and EPE (collectively the "Parties") hereby agree to maintain the quantity for energy to be purchased and sold under Sections 3.1 and 3.2 of the Agreement at 125 MW per hour through 11:59 p.m. Mountain Standard Time on December 31, 2016. This is in accordance with our recent phone conversations, and subsequent acceptance of FMES' offer for an additional 25 MW for the period of one year. The parties further agree that the quantity of firm energy that may be dispatched by EPE pursuant to Section 3.6 of the Agreement is 125 MW per hour, less the quantity of energy sold and delivered by FMES pursuant to Section 3.1. The amount of energy to be purchased and sold under the Agreement was set to revert to the original base contract amount of 100 MW per hour, on 11:59 p.m. Mountain Standard Time on December 31, 2015, based on a September 17, 2014 agreement between the Parties.
Please indicate FMES' acknowledgement of the foregoing agreement by signing this letter in the place indicated below and returning the original or a copy thereof to my attention at your earliest convenience.
Sincerely,
/s/ Emmanuel Villalobos
Emmanuel Villalobos

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[AUTHORIZING SIGNATUES]
El Paso Electric Company
/s/ David Hawkins
VP System Operations Resource Planning & Management

Freeport-McMoRan Copper & Gold Energy Services, LLC
/s/ Don Stoneberger
President, Freeport-McMoRan Copper & Gold Energy Services, LLC
Cc: D.H. Kim
Samchully Power & Utilities 1, LLC
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