exv10w17h






Exhibit 10.17H




[*] Certain information in this document has been omitted and filed separately with the Securities
and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions. 

[AEP LETTERHEAD]




Oxford Mining Company, LLC

c/o Eagle Fuels

330 Oak Park

P.O. Box 291

Cadiz, OH 43907



Attention:      Charles Ungurean



December 15, 2009




	 	 	 

	Re:

	 	Coal Purchase and Sale Agreement No. 10-62-04-900, dated as of 
	 

	 	May 21, 2004, as amended, between American Electric Power 
	 

	 	Service Corporation, as agent for Columbus Southern Power 
	 

	 	Company (“Buyer”), and
Oxford Mining Company, Inc. (“Seller”)
	 
	 	 
	 

	 	Amendment No. 2009-3





Gentlemen:



Reference is made to the above referenced Coal Purchase and Sale Agreement, as amended, (the
“Agreement”) under which Seller is supplying coal to Buyer.



Effective January 1, 2010, Buyer and Seller to amend the Agreement as follows:





	1)	 	The fourth paragraph in Section 2.1, Contract Quantity, of Article II, Obligations and
Deliveries, shall be deleted and replaced with the following in lieu thereof:
	 
	 	 	Through November 2008, there was a tonnage shortfall of
[*]  Tons (inclusive of  [*] force
majeure Tons claimed by Seller during Contract [ * ]). The shortfall has subsequently been
reduced by  [*]  tons delivered by Seller in the months of January, February, and October 2009.
The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining
shortfall total of  [*] Tons. Buyer shall have the right to increase deliveries in any
month(s) by up to  [*]  Tons per month with thirty (30) days prior written notice until such
time as the  [*] Tons have been delivered. The Contract Price to be paid for such Coal shall
be the Contract Price in effect when delivered.
	 
	2)	 	Delete the first paragraph in Article V, subsection (b) in its entirety and replace it with
the following in lieu thereof:
	 
		 	(b) The Labor (Labor shall be deemed to be inclusive of all benefits and related taxes), Health
Benefits, Construction Machinery & Equipment, Other, and Truck Transportation Cost Components shall
be adjusted effective July 1 and January 1 of each Contract [ * ] commencing July 1, 2009. At such
dates the average of the values of each of the respective indices correlative thereto (as set forth
below) for the third, fourth, and fifth preceding months of such dates (i.e., August, September,
and October for the January calculation) shall be compared to the average of the values of each of
such respective indices for the ninth, tenth, and eleventh preceding months of such dates. The
Petroleum Products Refined Cost Component shall be adjusted effective




 









 








Oxford Mining Company, LLC

Amendment No. 2009-3

Page 2





	 	 	January 1, April 1, July 1 and October 1 of each
Contract [*] beginning in April 2010. At such
dates the Petroleum Products Refined Cost Component, for the third, fourth, and fifth preceding
months of such dates (i.e., August, September, and October for the January calculation) shall be
compared to the average values of the sixth, seventh and eighth preceding months of such dates.
	 
	 	 	 [*] of the respective percentage change (carried out four decimal places,
e.g., 6.124% shall be 0.0612) in each of such average index values shall be multiplied by the
last previously effective Component amount of the Contract Price correlative thereto. The
amounts per Ton of increase or decrease, either by quarterly or semi-annual adjustment, so
obtained shall be added to or subtracted from, as the case may be, the last previously effective
amount of such respective Component, and the resulting amounts per Ton shall become the then
effective amounts per Ton for such Components of the Contract Price.
	 
	3)	 	For the period [*] through [*], the following quality
specifications for Specification A reflected in Schedule 3.1-A, Quality Specifications shall
be amended as follows:





	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Weighted Average “As-Received” Basis
	 	 	Contracted	 	Half-Month (A)*	 	Applicable Lot (B)*
	SPECIFICATION A:	 	Half-Month	 	Suspension Limit	 	Suspension Limit (D)*
	Caloric Value (Btu/lb.)
	 	 	 [*]	 	 	 [*] minimum	 	 [*] minimum
	Ash (%)
	 	 	 [*]	 	 	 [*] maximum	 	 [*] maximum
	Sulfur Dioxide (lbs.
SO2/MMBtu( (C)*
	 	 	 [*]	 	 	 [*] maximum	 	 [*]  maximum





Except as amended herein, all other provisions of the Agreement shall remain in full force and
effect. If you are in agreement with the foregoing, kindly indicate your acceptance thereof by
signing the enclosed duplicate of this letter in the space provided and by returning it to the
notice address provided in the Agreement.



Very truly yours,




/s/ James D. Henry

 

James D. Henry



Vice President — Fuel Procurement East,

as Agent for Columbus Southern Power Company




	 	 	 

	Acceptance Date:      
                  
                
	 	 
	 
	 	 
	Oxford Mining Company, LLC
	 	 
	 
	 	 
	 
	/s/
Thomas T. Ungurean 


	 	 
	Signature
	 	 
	 
	 
	 	 
	Thomas T. Ungurean 


	 	 
	Name (Print)
	 	 
	 
	 
	 	 
	Vice
President 


	 	 
	Title
	 	 
	 
	 	 
	xc: W. E. Spiker — Eagle Fuels, Inc.
	 	 







[*] Certain information in this document has been omitted and filed separately with the Securities
and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions.