#### **PeabodyCOALSALES Company**

**Contract#LGE02011**

**AmendmentNo.1**

 

#### **EXHIBIT10.71**

 

#### **AMENDMENTNO. 1 TO COAL SUPPLY AGREEMENT**

 

 

 

**THIS AMENDMENT NO. 1 TO COAL SUPPLY AGREEMENT**(“AmendmentNo. 1”) is entered into effective as of June 1, 2002, by and between LOUISVILLEGAS AND ELECTRIC COMPANY, a Kentucky corporation, 220 West Main Street,Louisville, Kentucky 40202 (Buyer”), and PEABODY COALSALES COMPANY, a Delawarecorporation, 701 Market Street, Suite 830, St. Louis, Missouri 63101-1826(“Seller”).  In consideration of theagreements herein contained, the parties hereto agree as follows.

 

 

**1.0****                               AMENDMENTS**

 

The Agreement heretoforeentered into by the parties, dated effective January 1, 2002 and identified bythe Contract Number set forth above, (hereinafter referred to as “Agreement”)is hereby amended as follows:

 

 

**2.0****                               QUANTITY**

 

2.1                                 Section3.1 **BaseQuantity**, is deleted in its entirety and replaced with thefollowing:

 

 
| **YEAR** |   | **BASE  QUANTITY (TONS)** |   |
|----------|--------|---------------------------|--------|
|     |   |                      |   |
| 2002     |   | 600,000                   |   |
| 2003     |   | 750,000                   |   |
| 2004     |   | 600,000                   |   |

 

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* Parties shallbegin discussions on and after June 1, 2002 to negotiate pricing for anadditional 250,000 tons of coal per year to be supplied during calendar year2003.  If the parties do not agree uponpricing for such additional tons by September 1, 2002, then Buyer shall not berequired to purchase such additional tons, and the tonnage to be deliveredduring calendar year 2003 shall be the Base Quantity as defined above.  The parties shall also meet starting June 1,2003 to negotiate pricing for an additional 250,000 tons of coal to be suppliedduring calendar year 2004.  If theparties do not agree upon pricing for such additional tons by September 1,2003, then Buyer shall not be required to purchase such additional tons and thetonnage to be delivered during calendar year 2004 shall be the Base Quantity asdefined above.

 

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**3.0          PRICE**

 

3.1           Section8.1 **BasePrice** is deleted and replaced with the following:

 

 “The base price (“Base Price”) of the coal tobe sold hereunder will be firm and will be determined by the criteria set forthin Section 5 in accordance with the following schedule:

### ** **

| **Year** |   | **Base Price  (F.O.B. Barge)** |             |   |
|----------|--------|--------------------------------|------------------|--------|
|     |   |                           |             |   |   |
| 2002     |   | $                              | 1.1224 per MMBtu |   | $ | 25.59 per ton |   |   |
| 2003     |   | $                              | 1.1224 per MMBtu |   | $ | 25.59 per ton * |   |   |
| 2003     |   | $                              | 1.1351 per MMBtu |   | $ | 25.88 per ton ** |   |   |
| 2004     |   | $                              | 1.1680 per MMBtu |   | $ | 26.63 per ton |   |   |
|          |        |                                |                  |        |  |  |  |  |  |  |  |  |

 

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* The Base Price for thefirst 150,000 tons delivered in 2003

** The Base Price for theremainder of the tons delivered in 2003

 

 

**IN WITNESS WHEREOF,**the parties hereto have executed this Amendment No. 1 on the day and year belowwritten, but effective as of the day and year first set forth above.

 
|                                     |                  |                          |
|------------------------------------------|-----------------------|-------------------------------|
| **LOUISVILLE GAS AND ELECTRIC  COMPANY** |                  | **PEABODY COALSALES COMPANY** |
|                                     |                  |                          |
| **BY:**                                  |                  | ** **                    | **BY:** |   |
|                                     | SVP - Energy Services |                          |   |   |
|                                     |                  | **TITLE:**                    |   |
|                                     |                  |                          |   |
| **DATE:**                                |                  |                          | **DATE:** |   |

 

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