Letter Agreement to Amend Power Purchase Agreement between Phelps Dodge Energy Services, LLC and El Paso Electric Company (June 3, 2008)
Phelps Dodge Energy Services, LLC and El Paso Electric Company have agreed to temporarily increase the amount of energy purchased and sold under their existing Power Purchase Agreement from 100 MW per hour to 125 MW per hour. This change applies from June 4, 2008, to September 30, 2008. Both parties have acknowledged and accepted this amendment by signing the letter agreement.
Exhibit 10.42-01
| P.O. Box 982 El Paso, Texas 79960-0982 (915) 543-5711 |
Steve Buraczyk
Director, Power Marketing & Fuels
Via e-mail
June 3, 2008
Mr. Tim Summers
Phelps Dodge
One North Central Avenue
Phoenix, AZ 85004
Re: | Power Purchase Agreement between |
| Phelps Dodge Energy Services, LLC |
| and El Paso Electric Company |
Dear Mr. Summers:
Pursuant to Section 3.4 of the Power Purchase Agreement (Agreement) between Phelps Dodge Energy Services, LLC (PDES) and EI Paso Electric Company (EPE) and in accordance with our recent discussions, PDES and EPE (collectively the Parties) hereby agree to increase the quantity of energy to be purchased and sold under Sections 3.1 and 3.2 of the Agreement from 100 MW per hour to 125 MW per hour for the period beginning 12:00 a.m. Mountain Standard Time on June 4, 2008 and ending at 11:59 p.m. Mountain Standard Time on September 30, 2008 (the Increased Quantity Period). The Parties further agree to increase for the Increased Quantity Period the quantity of firm energy that may be dispatched by EPE pursuant to Section 3.6 of the Agreement from 100 MW per hour to 125 MW per hour, less the quantity of energy sold and delivered by PDES pursuant to Section 3.1.
Please indicate PDES 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/ Steve Buraczyk | ||
Steve Buraczyk |
Phelps Dodge Energy Services, LLC
By: | /s/ Tim Summers |
(915) 543-4368 Direct | 100 N. Stanton Street | (915) 521-4751 Facsimile | ||
EI Paso, Texas 79901 |