exv10w17j





Exhibit 10.17J



[*] 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

544 Chestnut Street

P.O. Box 427

Coshocton, OH 43812



Attention: Angela Ashcraft — Supervisor, Commercial Analysis



February 4, 2010




	 	 	 

	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. 2010-2





Gentlemen:



Reference is made to the above referenced Coal Supply Agreement, as amended, (the “Agreement”)
under which Seller is supplying coal to Buyer. Reference is also made to Seller’s revised claim
dated January 26, 2010, requesting Contract Price adjustments to be effective as of January 1,
2010.



Reference is made to Article VI, Section 6.2., of the Agreement which states in part that, “In the
event of the enactment, modification, or revision of any Federal, State or local legislation,
regulations, rules or mandates issued pursuant thereto, including but not limited to the Federal
Mine Safety & Health Act of 1977 and the Surface Mining Control and Reclamation Act of 1977, after
January 1, 2009, which affect the bituminous coal industry with respect to the coal reclamation,
conservation, environmental protection, mine safety, mine working conditions and practices,
ventilation, health, employee retirement programs occupational hazards, research and reclamation
and conservation of mined areas, and which increases or decreases Seller’s cost of producing Coal
under this Agreement, an appropriate adjustment will be made to the current Base Price to recognize
such changed cost...”



On June 30, 2009, the Ohio Division of Mineral Resources determined that the Reclamation Forfeiture
Fund required further adjustments to the tax rate based on the fund balance at the close of the
biennium period on June 30, 2009. The additional tax is required for all permit holders that have
not posted a full- cost bond for the acreage on which the mining operation is being conducted.
Therefore, the Ohio Revised Code 5479.02(A)(8) requires the Reclamation Forfeiture Fund portion of
the Ohio Severance Tax rate to be adjusted from fourteen cents per ton to sixteen cents per ton
effective January 1, 2010.



Accordingly, the Ohio Severance Tax component under the Agreement shall be increased by $0.020 per
ton from $0.252 per ton to $0.272 per ton effective January 1, 2010.



Representatives of Buyer have completed their preliminary review of Seller’s Contract Price
adjustment request. Accordingly, Buyer is agreeable to granting the final cost component
adjustments and to establishing the resulting Contract Price detailed in Schedule O-3 attached
hereto and hereby made a part hereof.







 









 








Oxford Mining Company, LLC

Amendment No. 2010-2

Page 2



The final cost component adjustments and the resulting final Contract Price, as set forth herein
shall be subject to Buyer’s final audit. A retroactive adjustment shall be made by payment of any
amount due Buyer or Seller.



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: 2/11/10
	 	 	 	 
	 

	 	 

	 	 
	Oxford Mining Company, LLC	 	 
	 

	 	 

	 	 
	/s/ Charles C. Ungurean
	Signature	  
	 

	 	 

	 	 
	Charles C. Ungurean
	Name (Print)	  
	 

	 	 

	 	 
	President & CEO
	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. 

 









 






Schedule O-3




Oxford Mining Company

Schedule of Tentative Cost Component Adjustments Per Ton

and Resulting Tentative Base Prices Per Ton

10-62-04-900




FOB Plant



	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Tentative	 	 	Tentative	 	 	Tentative	 
	 	 	Contract Price (1)	 	 	Adjustments	 	 	Contract Price	 
	Cost Component	 	07/01/09	 	 	01/01/10	 	 	01/01/10	 
	Labor
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Health Benefits
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Petroleum Products Refined
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Explosives
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Construction Machinery
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]
	 
	Other
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Per Ton Assessments
	 	 	 	 	 	 	 	 	 	 	 	 
	Federal Reclamation Fee
	 	 	0.315	 	 	 	0.000	 	 	 	0.315	 
	FBLET
	 	 	0.550	 	 	 	0.000	 	 	 	0.550	 
	Ohio Severance Tax
	 	 	0.252	 	 	 	0.020	 	 	 	0.272	 
	Changes in Law
	 	 	0.000	 	 	 	0.000	 	 	 	0.000	 
	 
	 	 	 	 	 	 	 	 	 
	FOB Delivered Price
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Truck Transportation Cost
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	 
	 	 	 	 	 	 	 	 	 
	TOTAL CONTRACT PRICE (2)- Spec A
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Tentative	 	 	Tentative	 	 	Tentative	 
	 	 	Contract Price (1)	 	 	Adjustments	 	 	Contract Price	 
	Cost Component	 	07/01/09	 	 	01/01/10	 	 	01/01/10	 
	Labor
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Health Benefits
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Petroleum Products Refined
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Explosives
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Construction Machinery
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Other
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Per Ton Assessments
	 	 	 	 	 	 	 	 	 	 	 	 
	Federal Reclamation Fee
	 	 	0.315	 	 	 	0.000	 	 	 	0.315	 
	FBLET
	 	 	0.550	 	 	 	0.000	 	 	 	0.550	 
	Ohio Severance Tax
	 	 	0.252	 	 	 	0.020	 	 	 	0.272	 
	Changes in Law
	 	 	0.000	 	 	 	0.000	 	 	 	0.000	 
	 
	 	 	 	 	 	 	 	 	 
	FOB Delivered Price
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Truck Transportation Cost
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	 
	 	 	 	 	 	 	 	 	 
	TOTAL CONTRACT PRICE (2)- Spec B
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 








 




			
	(1)	 	Established in Amendment 2009-2, dated August 20, 2009.
	 
	(2)	 	(a) Pursuant to Amendment 2008-6, Item 3), for the first [ * ] tons
delivered beginning January 1, 2009, an amount of [ * ] per ton shall be deducted
from the Total Contract Price; b) Pursuant to Amendment 2008-6, Item 4) (a), for the first [ * ] tons delivered
beginning January 1, 2009, an amount of [ * ] per ton shall be added to the Total
Contract Price.



[ * ] 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. 


 









 










Oxford Mining Company, LLC

Amendment No. 2010-2

Page 2




Schedule O-3




Oxford Mining Company

Schedule of Tentative Cost Component Adjustments Per Ton

and Resulting Tentative Base Prices Per Ton

10-62-04-900




FOB Rehobeth



	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Tentative	 	 	Tentative	 	 	Tentative	 
	 	 	Contract Price (1)	 	 	Adjustments	 	 	Contract Price	 
	Cost Component	 	07/01/09	 	 	01/01/10	 	 	01/01/10	 
	Labor
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Health Benefits
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Petroleum Products Refined
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Explosives
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Construction Machinery
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Other
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Per Ton Assessments
	 	 	 	 	 	 	 	 	 	 	 	 
	Federal Reclamation Fee
	 	 	0.315	 	 	 	0.000	 	 	 	0.315	 
	FBLET
	 	 	0.550	 	 	 	0.000	 	 	 	0.550	 
	Ohio Severance Tax
	 	 	0.252	 	 	 	0.020	 	 	 	0.272	 
	Changes in Law
	 	 	0.000	 	 	 	0.000	 	 	 	0.000	 
	 
	 	 	 	 	 	 	 	 	 
	FOB Delivered Price
	 		[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Truck Transportation Cost
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	 
	 	 	 	 	 	 	 	 	 
	TOTAL CONTRACT PRICE (2)- Spec
	 		[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Tentative	 	 	Tentative	 	 	Tentative	 
	 	 	Contract Price (1)	 	 	Adjustments	 	 	Contract Price	 
	Cost Component	 	07/01/09	 	 	01/01/10	 	 	01/01/10	 
	Labor
	 		[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Health Benefits
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Petroleum Products Refined
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Explosives
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Construction Machinery
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Other
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Per Ton Assessments
	 	 	 	 	 	 	 	 	 	 	 	 
	Federal Reclamation Fee
	 	 	0.315	 	 	 	0.000	 	 	 	0.315	 
	FBLET
	 	 	0.550	 	 	 	0.000	 	 	 	0.550	 
	Ohio Severance Tax
	 	 	0.252	 	 	 	0.020	 	 	 	0.272	 
	Changes in Law
	 	 	0.000	 	 	 	0.000	 	 	 	0.000	 
	 
	 	 	 	 	 	 	 	 	 
	FOB Delivered Price
	 		[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Truck Transportation Cost
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	 
	 	 	 	 	 	 	 	 	 
	TOTAL CONTRACT PRICE (2)- Spec
	 		[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 








 




			
	(1)	 	Established in Amendment 2009-2, dated August 20, 2009.
	 
	(2)	 	(a) Pursuant to Amendment 2008-6, Item 3), for the first [ * ] tons
delivered beginning January 1, 2009, an amount of [ * ] per ton shall be deducted
from the Total Contract Price; b) Pursuant to Amendment 2008-6, Item 4) (a), for the first [ * ] tons delivered beginning
January 1, 2009, an amount of [ * ] per ton shall be added to the Total Contract Price.




[*] 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. 

 









 










Oxford Mining Company, LLC

Amendment No. 2010-2

Page 2




Schedule O-3




Oxford Mining Company

Schedule of Tentative Cost Component Adjustments Per Ton

and Resulting Tentative Base Prices Per Ton

10-62-04-900




FOB Cadiz



	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Tentative	 	 	Tentative	 	 	Tentative	 
	 	 	Contract Price (1)	 	 	Adjustments	 	 	Contract Price	 
	Cost Component	 	07/01/09	 	 	01/01/10	 	 	01/01/10	 
	Labor
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Health Benefits
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Petroleum Products Refined
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Explosives
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Construction Machinery
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Other
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Per Ton Assessments
	 	 	 	 	 	 	 	 	 	 	 	 
	Federal Reclamation Fee
	 	 	0.315	 	 	 	0.000	 	 	 	0.315	 
	FBLET
	 	 	0.550	 	 	 	0.000	 	 	 	0.550	 
	Ohio Severance Tax
	 	 	0.252	 	 	 	0.020	 	 	 	0.272	 
	Changes in Law
	 	 	0.000	 	 	 	0.000	 	 	 	0.000	 
	 
	 	 	 	 	 	 	 	 	 
	FOB Delivered Price
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Truck Transportation Cost
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	 
	 	 	 	 	 	 	 	 	 
	TOTAL CONTRACT PRICE (2)- Spec
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Tentative	 	 	Tentative	 	 	Tentative	 
	 	 	Contract Price (1)	 	 	Adjustments	 	 	Contract Price	 
	Cost Component	 	07/01/09	 	 	01/01/10	 	 	01/01/10	 
	Labor
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Health Benefits
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Petroleum Products Refined
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Explosives
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Construction Machinery
	 	 	[ * ]	 	 	 	[ * ]		 	 	[ * ]	 
	Other
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	Per Ton Assessments
	 	 	 	 	 	 	 	 	 	 	 	 
	Federal Reclamation Fee
	 	 	0.315	 	 	 	0.000	 	 	 	0.315	 
	FBLET
	 	 	0.550	 	 	 	0.000	 	 	 	0.550	 
	Ohio Severance Tax
	 	 	0.252	 	 	 	0.020	 	 	 	0.272	 
	Changes in Law
	 	 	0.000	 	 	 	0.000	 	 	 	0.000	 
	 
	 	 	 	 	 	 	 	 	 
	FOB Delivered Price
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 
	Truck Transportation Cost
	 	 	[ * ]	 	 	 	[ * ]	 	 	 	[ * ]	 
	 
	 	 	 	 	 	 	 	 	 
	TOTAL CONTRACT PRICE (2)- Spec
	 		[ * ]	 	 		[ * ]	 	 		[ * ]	 








 




			
	(1)	 	Established in Amendment 2009-2, dated August 20, 2009.
	 
	(2)	 	(a) Pursuant to Amendment 2008-6, Item 3), for the first [ * ] tons
delivered beginning January 1, 2009, an amount of [ * ] per ton shall be deducted
from the Total Contract Price;
b) Pursuant to Amendment 2008-6, Item 4) (a), for the first [ * ] tons delivered
beginning January 1, 2009, an amount of [ * ] per ton shall be added to the Total Contract Price.






[*] 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.