Amended Confirmation of Power Purchase Transaction



 Exhibit 10.02 
 

 
 CREDIT SUISSE ENERGY LLC 
 11 Madison Avenue Telephone 212-325-2000 
 New York, NY 10010 www.credit-suisse.com 
 CONFIRMATION AMENDMENT 
  

			
	DATE:	  	March 30, 2009
		
	TO:	  	El Paso Electric Company (“El Paso”)
		
	ATTN:	  	
		
	FROM:	  	Credit Suisse Energy LLC (“CSE”)
		
	RE:	  	Amendment to the El Paso and CSE Confirmation dated 3 September 2008 (Reference ID: ****) (the “Confirmation”).

 The “Special Conditions” in the Confirmation provides that; 
 “The Parties may agree to a fixed Gas Reference Price for Minimum Schedule Energy (as defined below) to be delivered and received during a specific calendar
month(s). If the Parties agree to a fixed Gas Reference Price, Counterparty shall contemporaneously provide CSE a non-amendable schedule stating the minimum amount of energy (which in no event shall be less than 25 MW) to be delivered and received
during all hours other than Off-Peak Hours during the applicable calendar month (the “Minimum Schedule Energy”). Upon verbal confirmation of the non-amendable schedule, Counterparty shall be deemed to have exercised the call option for the
Minimum Schedule Energy for the calendar month, and the agreed fixed Gas Reference Price shall apply to all Minimum Schedule Energy scheduled for delivery and receipt in such calendar month. The variable Gas Reference Price described in the
immediately preceding paragraph shall apply to all other energy (i.e., non-Minimum Schedule Energy) scheduled by Counterparty for delivery and receipt during such month. If the Parties are unable to agree upon a fixed Gas Reference Price for any
particular month, the variable Gas Reference Price referenced in the Gas Reference Price paragraph shall apply to all energy scheduled by Counterparty for delivery and receipt during such month.”, 
 Therefore, as of the date set forth above , CSE and El Paso agree to amend the Confirmation by inserting the following after the “Special Conditions” :
“In accordance with the foregoing Special Conditions, as of March 30, 2009, CSE and El Paso agree to fix the Gas Reference Price for the following Hourly Quantities and Month: 
         Reference: **** 
 Page 1 of 2 

 
 ****=Confidential treatment has been requested for
the redacted portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as ****. A complete version of this exhibit has been filed separately with the Securities and
Exchange Commission. 







 

 
  

							
	 	  	Peak 1	 	Peak 3	 	Fixed Gas
Reference
Price
	 	  	6X6
(MW/h)	 	1X16
(MW/h)	 	$/MMBtu
	 April 2-April 30, 2009
	  	****	 	****	 	****
	 May-09
	  	****	 	****	 	****
	 Jun-09
	  	****	 	****	 	****
	 Sep-09
	  	****	 	****	 	****
	 Oct-09
	  	****	 	****	 	****
	 Nov-09
	  	****	 	****	 	****
	 Dec-09
	  	****	 	****	 	****
	 Jan-10
	  	****	 	****	 	****
	 Feb-10
	  	****	 	****	 	****
	 Mar-10
	  	****	 	****	 	****
	 Apr-10
	  	****	 	****	 	****

 The Confirmation, as amended herein, shall continue in full force and effect. 
  

			
	Yours faithfully,
	
	CREDIT SUISSE ENERGY LLC
		
	By:	 	 /s/ DEAN BRIER

	Name:	 	Dean Brier
	Title:	 	Vice President


  

			
	Confirmed as of the date first written above:
	
	EL PASO ELECTRIC COMPANY
		
	By:	 	 /s/ STEVE BURACZYK

	Name:	 	Steve Buraczyk
	Title:	 	Vice President

         Reference: **** 
 Page 2 of 2 
  
 ****=Confidential treatment has been requested for the redacted portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality
request. Omissions are designated as ****. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.