AMENDMENT TO AMENDED AND RESTATED
AGREEMENT FOR ELECTRIC SERVICE, AS AMENDED
BETWEEN TEXAS-NEW MEXICO POWER COMPANY
AND TEXAS UTILITIES ELECTRIC COMPANY
This Amendment ("Amendment") to Amended and Restated Agreement for Electric
Service, dated May 14, 1990, as Amended ("Agreement") is made and entered into
on this 31st day of March, 1998, by Texas-New Mexico Power Company, a Texas
corporation ("TNMP"), and Texas Utilities Electric Company, a Texas corporation
("TU Electric").
WITNESSETH:
WHEREAS, TNMP and TU Electric desire to clarify and make certain the time
period, as well as the amount of power and energy requirements, for the supply
of said power and energy requirements to the Lewisville point of delivery; and
WHEREAS, TU Electric and TNMP are willing to amend the Agreement to provide
for such clarification upon the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the promises and mutual
covenants and agreements contained herein, the parties hereby agree as follows:
1. From the date of this amendment through December 31, 1998, electric
service as presently provided by TU Electric to TNMP will continue as
currently in effect under the Agreement.
2. Paragraph 18 of the Agreement, entitled "TNMP Points of Delivery
Specified in Exhibit D," is hereby amended so as to read as follows:
b. From and after January 1, 1999 until June 30, 2002, TNMP will
purchase from TU Electric all of the power and energy
requirements of its customers at the Lewisville point of delivery
and at no other point of delivery. If TNMP is required by
applicable law to purchase power and energy from a qualifying
facility as described in Paragraph 13a, that power and energy
shall not be utilized to offset TNMP's obligation to purchase all
of the power and energy requirements of its customers at
Lewisville from TU Electric. Any capacity and energy purchased by
TNMP from a qualifying facility shall be scheduled and utilized
through the TNMP control area by TNMP outside the Lewisville
point of delivery.
3. Paragraph 5 of the Agreement is deleted and the following language is
inserted: The Agreement will terminate on June 30, 2002, without any
further notice by either party. Both parties specifically agree and
acknowledge that neither TU Electric nor TNMP has a continuing
obligation or duty with regard to providing or receiving electric
service after June 30, 2002. Both parties further agree, however, that
the Agreement will not terminate prior to June 30, 2002, except in the
event of a material breach of the terms of the Agreement resulting
from the actions of one of the parties occurring subsequent to the
date of this Amendment.
4. In the event of any conflict between the provisions of this Amendment
and the provisions of the Agreement, this Amendment shall control.
5. Except as otherwise expressly provided for herein, the Agreement shall
continue in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective authorized officers on the date first written
above.
TEXAS UTILITIES ELECTRIC COMPANY
By: __________________________________________________
Title: __________________________________________________
TEXAS NEW-MEXICO POWER COMPANY
By: __________________________________________________
Title: __________________________________________________
