Network Transmission Customer Attestation and Request for Short-Term Designation of a Network Resource El Paso Electric Company – Power Marketing & Fuels Date: May 27, 2008 Customer Name: David Holguìn Jr. Contract Term (e.g., Monthly, Daily) Daily Contract Quantity (MW): 25 MW Designated Quantity (MW): 25 MW Designation Start Date and Time: May 28, 2008; 00:00 PPT Designation End Date and Time: May 29, 2008; 00:00 PPT Point at Which Customer takes Delivery Under the Purchase Agreement Four Corners Point of Receipt on EPE’s Transmission System: Springerville/Luna Generation Source: The Network Resource is a purchased power agreement with a generation source located in an unspecified WECC Control Area/Balancing Authority and thus may be sourced from any Control Area/Balancing Authority in the WECC. Network Customer attests that the Source Control Area/Balancing Authority shall be specified when the e-tag is submitted. Network Customer also attests that all transmission purchased by the Network Customer from the point where the Network Customer takes delivery under the purchased power agreement to the Point of Receipt on EPE’s Transmission System is firm. __________________________________________ _______________ Customer Signature Date The Network Resource is a purchased power agreement with a specified generation source/ Control Area/Balancing Authority of: _____________________________________________ (Generator or Control Area/Balancing Authority) Network Transmission Customer Attestation and Request for Short-Term Designation of a Network Resource Date: May 27, 2008 Customer Name: David Holguìn Jr. Page Two Attestation: Network Customer hereby attests that the above specified purchased power agreement meets the following requirements. (a) The Network Customer has executed a contract to purchase power or capacity on a firm basis. For purposes of this designation, “firm” shall mean: A transaction under Schedule C of the Western Systems Power Pool (“WSPP”) Agreement, in which the seller is not permitted to interrupt delivery except for reliability reasons; or Another purchase under a comparable tariff under which: The contract does not permit the seller to interrupt deliveries to the Network Customer except for reliability reasons; and To the extent that the contract requires the seller to pay liquidated damages to the Network Customer for interruptions, those liquidated damages are “make whole” liquidated damages. For the purpose of this designation, “make whole” shall have the meaning set forth in Paragraph No. 1454 of Order No. 890 (b) The Network Customer has firm transmission service to schedule power from the point at which the Network Customer takes delivery under the contract to the EPE Transmission System to the extent transmission is necessary. (c) The power from the proposed short-term Designated Network Resource will be scheduled along a path (on the EPE transmission system and, as necessary, third-party transmission systems) reserved by one or more existing Designated Network Resources, and the cumulative power to be scheduled over that path from the proposed short-term Designated Network Resource and the existing Designated Network Resources will not exceed the amount of transmission capacity previously reserved for the Network Customer.