Spreadsheet: jane_tholt__13126__Peaking GISB form
Sheet: Peaking

 |  |  | TRANSACTION CONFIRMATION |  |  |  |  |  | EXHIBIT A
 |  |  |  | FOR IMMEDIATE DELIVERY
 |  |  |  | PEAKING
 |  |  |  |  |  | Date:
 |  |  |  |  |  | Transaction Confirmation #:
 | This Transaction Confirmation is subject to the Base Contract between [NAME] and [NAME]
 | dated |  |  | The terms of this Transaction Confirmation are binding unless
 | disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract.
 | SELLER: |  |  |  |  | BUYER:
 |  |  |  |  |  | PNM Gas Services
 |  |  |  |  |  | Alvarado Square
 |  |  |  |  |  | Albuquerque, New Mexico  87158-2610
 | Attn: |  |  |  |  | Attn: Contract Administration
 | Phone: |  |  |  |  | Phone: [PHONE]
 | Fax: |  |  |  |  | Fax: [PHONE]
 | Base Contract No. |  |  |  |  | Base Contract No.
 | Transporter: |  |  |  |  | Transporter:
 | Transporter Contract Number: |  |  |  |  | Transporter Contract Number:
 | Contract Price        $ |  |  | /MMBtu or
 | Delivery Period
 | (NOTE:  BID EACH MONTH SEPARATELY, AS PNM GAS SERVICES HAS THE RIGHT TO
 | SELECT ANY OR ALL MONTHS)
 | Performance Obligation and Firm Peaking Contract Quantity:
 | MMBtu/d October |  |  |  |  | MMBtu/d November
 | MMBtu/d December |  |  |  |  | MMBtu/d January
 | MMBtu/d February |  |  |  |  | MMBtu/d March
 | MMBtu/d April
 | Delivery Point(s):
 | El Paso Pipeline
 | [NAME]
 | Transwesten Pipeline
 | (If a pooling point is used, list a specific geographic and pipeline location)
 |  | 1
 | Copyright © 1996–1999 Gas Industry Standards Board, Inc. |  |  |  |  |  |  | GISB Standard 6.3.1
 | All rights reserved. |  |  |  |  |  |  | 1996-05-13 00:00:00
 | Special Provision:
 | ELECTRONIC DOCUMENTATION:  Each of the parties acknowledge and agree that either Party may
 | maintain this executed Base Contract and any executed Transaction Confirmation as 'imaged
 | documents' in an electronic format, and that, so long as the imaged document bears the signature of
 | the Party against whom enforcement is sought, neither Party will object to the introduction and
 | acceptance to such imaged documents as evidence in any proceeding between the Parties before
 | any court, arbitration panel, regulatory commission or similar body on the basis that such imaged
 | documents are not original documents or do not comply with the best evidence rule.
 | Add to Section 2 Definitions:
 | 2.29   “Firm Peaking” shall mean that [NAME] agrees that the Contract Quantity shall be available at
 | any time during the Delivery Period and [NAME] shall be able to supply such Contract Quantity when
 | requested by [NAME].  [NAME] shall not have any purchase obligation except, if and when [NAME]
 | nominates Gas.
 | Replace Section 3.2 :
 | 3.2 FAILURE TO DELIVER AND/OR TAKE:  The parties shall use diligent efforts to deliver and
 | receive the quantity of Gas nominated and confirmed. Each party will on a routine daily basis
 | monitor the curtailment reports of the pipeline on which the gas has been nominated and notify the
 | other of any pipeline curtailment.  Should a failure to deliver and/or receive occur, not excused
 | under Section 11, FORCE MAJEURE, the parties shall in good faith attempt to resolve the
 | imbalance.  The resolution will take into consideration the pipeline, market and economic
 | conditions at the time of the failure.  If the parties are unable to reach a mutually satisfactory
 | solution then the remedy for the failure shall be as defined in SUBSECTION A, SELLER'S
 | FAILURE TO DELIVER and SUBSECTION B, [NAME]'S FAILURE TO TAKE.
 | 3.2A   SELLER'S FAILURE TO DELIVER:
 | If [NAME] fails to tender to [NAME] at the Delivery Point(s) the Contract Quantity, [NAME] shall
 | reimburse [NAME] the highest price as published in Pasha Publications Inc., Houston Edition of Gas
 | Daily, Daily Price Survey for applicable pipeline and basin for the actual flow Day plus fifty cents
 | ($0.50) per [NAME] for each [NAME] fails to deliver.  For the purpose of reimbursement
 | pricing for the Gas flowing at TW Blanco Hub/WFS Kutz, the parties shall use EPNG San Juan
 | Non-Bondad.  For the purpose of reimbursement pricing when no prices are published, the price
 | shall be the average of the highest price last published and the highest price on the next published
 | Day plus fifty cents ($0.50) per [NAME] for each [NAME] fails to deliver.
 | 3.2B   [NAME]'S FAILURE TO TAKE:
 | Should Buyer fail to take from [NAME] at the Delivery Point(s) the Gas nominated by [NAME] (through
 | no fault of [NAME] or a [NAME]), [NAME] shall reimburse [NAME] the difference between the Contract
 | Price herein plus fifty cents ($0.50) per [NAME] and the price [NAME] received (or could have
 | received) for the sale of such Gas to a third party purchaser.  [NAME] agrees to act in good faith in
 | selling such Gas to a third-party purchaser so as to minimize [NAME]'s obligation to [NAME] while
 | taking into consideration the reliability of a third-party purchaser.  The parties agree that this
 | Section  shall be the exclusive remedy for [NAME]'s failure to take.
 |  | 2
 | Copyright © 1996–1999 Gas Industry Standards Board, Inc. |  |  |  |  |  |  | GISB Standard 6.3.1
 | All rights reserved. |  |  |  |  |  |  | 1996-05-13 00:00:00
 | BY EXECUTION BELOW, THE EXECUTING PARTY(S) REPRESENT, WARRANT AND BIND THE
 | RESPECTIVE COMPANY(S) TO PERFORM UNDER THE TERMS AND CONDITIONS OF THE
 | CONTRACT.
 | [NAME]: |  |  |  | Buyer: | PNM Gas Services, an unincorporated
 |  |  |  |  | division of Public Service Company of New Mexico
 | By: |  |  |  | By:
 |  |  |  |  |  | [NAME]
 | Title: |  |  |  | Title: | Vice President, Operations & Engineering
 | Date: |  |  |  | Date:
 |  | 3
 | Copyright © 1996–1999 Gas Industry Standards Board, Inc. |  |  |  |  |  |  | GISB Standard 6.3.1
 | All rights reserved. |  |  |  |  |  |  | 1996-05-13 00:00:00