f10ka2010_033011pnmr.htm

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
______________________
FORM 10-K/A
 
(Amendment No. 1)

ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934

For the Fiscal Year Ended December 31, 2010

Commission
File Number
 
Names of Registrants, State of Incorporation,
Address and Telephone Number
 
I.R.S. Employer
Identification No.
001-32462
 
PNM Resources, Inc.
(A New Mexico Corporation)
Alvarado Square
Albuquerque, New Mexico  87158
(505) 241-2700
 
85-0468296
         

Securities Registered Pursuant To Section 12(b) Of The Act:
       
Name of Each Exchange
Registrant
 
Title of Each Class
 
on Which Registered
PNM Resources, Inc.
 
Common Stock, no par value
 
New York Stock Exchange

Indicate by check mark whether registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.
 
PNM Resources, Inc. (“PNMR”)
YES   ü
NO     
 
Indicate by check mark if registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.
 
PNMR
YES     
NO  ü

Indicate by check mark whether registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days.
PNMR
YES  ü
NO   

Indicate by check mark whether registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
PNMR
YES  ü
NO    

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.  ü


 
 

 

Indicate by check mark whether registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer or a smaller reporting company (as defined in Rule 12b-2 of the Act).
 
Large accelerated filer
 
Accelerated filer
 
Non-accelerated filer
 
Smaller Reporting Company
PNMR
ü
 
    
 
    
 
    

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). YES          NO   ü

As of February 18, 2011, shares of common stock outstanding were:
PNMR
86,673,174

On June 30, 2010 the aggregate market value of the voting stock held by non-affiliates of PNMR as computed by reference to the New York Stock Exchange composite transaction closing price of $11.18 per share reported by The Wall Street Journal, was $969,006,085.

DOCUMENTS INCORPORATED BY REFERENCE

Portions of the following document are incorporated by reference into Part III of this report:

Proxy Statement to be filed by PNMR with the SEC pursuant to Regulation 14A relating to the annual meeting of stockholders of PNMR to be held on May 17, 2011.

EXPLANATORY NOTE REGARDING AMENDMENT NO. 1

    This Amendment No. 1 to the Annual Report on Form 10-K (“Amendment No. 1”) amends Part IV, Item 15, Exhibits and Financial Statement Schedules of PNMR’s Annual Report on Form 10-K for the fiscal year ended December 31, 2010, initially filed with the Securities and Exchange Commission ("SEC") on March 1, 2011 (the “Original Filing”).  This Amendment No. 1 is being filed to include the consolidated financial statements of Optim Energy, LLC and subsidiaries pursuant to Rule 3-09 of Regulation S-X.  PNMR owns 50% of Optim Energy, LLC and accounts for its investment using the equity method.  Item 15 is also being amended to file Exhibit 23.3, the consent of Optim Energy, LLC’s independent auditors related to their opinion contained in this Amendment No. 1.

    The Original Filing was a combined filing of PNMR, along with its wholly owned subsidiaries Public Service Company of New Mexico (“PNM”) and Texas-New Mexico Power Company (“TNMP”).  Amendment No. 1 is being filed only by PNMR because no information about PNM or TNMP is being amended.

    In accordance with Rule 12b-15 under the Securities Exchange Act of 1934, as amended, the text of the amended Item 15 is set forth in its entirety herein, including those portions that have not been amended from that set forth in the Original Filing and those portions that pertain to PNM and TNMP.  This Amendment No. 1 does not otherwise update any information or exhibits as originally filed and does not otherwise reflect events occurring after the filing date of the Original Filing.
 
    This Amendment No. 1 has been signed as of a current date and all certifications of PNMR’s Chief Executive Officer and Chief Financial Officer are given as of a current date.  Accordingly, this Amendment No. 1 should be read in conjunction with filings made with the SEC subsequent to the filing of the Original Filing, including any amendments to those filings.

 
 

 

 PART IV

ITEM 15.
EXHIBITS and FINANCIAL STATEMENT SCHEDULES

    (a) - 1.        See Index to Financial Statements under Item 8.
    (a) - 2.        Financial Statement Schedules for the years 2010, 2009, and 2008 are omitted for the                      
       reason that they are not required or the information is otherwise supplied under Item 8.
    (a) - 3-A (1).  Exhibits Filed with this Amendment No. 1:

Exhibit
No.
 
Description
     
23.3
 
Consent of Deloitte & Touche LLP for Optim Energy, LLC
     
31.7
PNMR
Chief Executive Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
31.8
PNMR
Chief Financial Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
32.4
PNMR
Chief Executive Officer and Chief Financial Officer Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
     
99.24
 
Consolidated financial statements of Optim Energy, LLC and subsidiaries

(a) - 3-A (2).     Exhibits Filed with 2010 Form 10-K, filed on March 1, 2011, and incorporated by                                         
reference herein:

Exhibit
No.
 
Description
     
12.1
PNMR
Ratio of Earnings to Fixed Charges
     
12.2
PNM
Ratio of Earnings to Fixed Charges
     
12.3
TNMP
Ratio of Earnings to Fixed Charges
     
21
PNMR
Certain subsidiaries of PNM Resources, Inc.
     
23.1
PNMR
Consent of Deloitte & Touche LLP for PNM Resources, Inc.
     
23.2
PNM
Consent of Deloitte & Touche LLP for Public Service Company of New Mexico
     
31.1
PNMR
Chief Executive Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
31.2
PNMR
Chief Financial Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
31.3
PNM
Chief Executive Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
31.4
PNM
Chief Financial Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
31.5
TNMP
Chief Executive Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
31.6
TNMP
Chief Financial Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
     
32.1
PNMR
Chief Executive Officer and  Chief Financial Officer Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 
 

 
     
32.2
PNM
Chief Financial Officer and  Chief Financial Officer Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
     
32.3
TNMP
Chief Executive Officer and  Chief Financial Officer Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
     
101.INS
PNMR
XBRL Instance Document
     
101.SCH
PNMR
XBRL Taxonomy Extension Schema Document
     
101.CAL
PNMR
XBRL Taxonomy Extension Calculation Linkbase Document
     
101.DEF
PNMR
XBRL Taxonomy Extension Definition Linkbase Document
     
101.LAB
PNMR
XBRL Taxonomy Extension Label Linkbase Document
     
101.PRE
PNMR
XBRL Taxonomy Extension Presentation Linkbase Document

 (a) - 3-B.  Exhibits Incorporated By Reference:

The documents listed below have been previously filed on behalf of PNMR, PNM or TNMP and are incorporated by reference to the filings set forth below pursuant to Exchange Act Rule 12b-32 and Regulation S-K section 10, paragraph (d).

Exhibit No.
Description of Exhibit
 
Filed as Exhibit:
Registrant(s)
File No:
         
Plan of Acquisition
     
       
2.0
Asset Purchase Agreement dated January 12, 2008 among PNM, Continental Energy Systems, LLC and New Mexico Gas Company, Inc.
 
 
2.0 to PNM’s Annual Report on Form 10-K for the year ended December 31, 2007
1-6986
PNM
         
2.1
Contribution Agreement, dated as of June 1, 2007, among EnergyCo, LLC, PNM Resources, and ECJV Holdings, LLC
 
 
2.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007
1-32462
PNMR
2.2
Purchase and Sale Agreement, dated as of January 14, 2006 among Twin Oaks Power LP, Twin Oaks Power III, LP, Sempra Energy, Altura Power L.P. and PNM Resources (Confidential treatment was requested for portions of the exhibit, and such portions were omitted from this exhibit filed and were filed separately with the Securities and Exchange Commission)
 
2.1 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2005
1-32462
PNMR
         
Articles of Incorporation and By-laws
     
       
3.1
Articles of Incorporation of PNM Resources, as amended to date (Certificate of Amendment dated October 27, 2008 and Restated Articles of Incorporation dated August 3, 2006)
 
3.1 to the Company’s Current Report on Form 8-K filed November 21, 2008
1-32462
PNMR
         
3.2
Restated Articles of Incorporation of PNM, as amended through May 31,
 
3.1.1 to the Company’s Quarterly Report on Form 10-Q for the quarter
1-6986
PNM
 
 
 

 
Exhibit No.
Description of Exhibit
 
Filed as Exhibit:
Registrant(s)
File No:
  2002   ended June 30, 2002  
         
3.3
Articles of Incorporation of TNMP, as amended through July 7, 2005
 
3.1.2 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2005
2-97230
TNMP

3.4
Bylaws of PNM Resources, Inc. with all amendments to and including December 8, 2009
 
3.1 to the Company’s Current Report on Form 8-K filed December 11, 2009
1-32462
PNMR
         
3.5
Bylaws of PNM with all amendments to and including May 31, 2002
 
3.1.2 to the Company’s Report on Form 10-Q for the fiscal quarter ended June 30, 2002
1-6986
PNM
         
3.6
Bylaws of TNMP as adopted on August 4, 2005
 
3.2.3 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2005
2-97230
TNMP
Indentures
       
PNMR
       
         
4.1
Indenture, dated as of March 15, 2005, between PNMR and JPMorgan Chase Bank, N.A., as Trustee
 
10.2 to PNMR’s Current Report on Form 8-K filed March 31, 2005
1-32462
PNMR
         
4.2
Supplemental Indenture No. 1, dated as of March 30, 2005, between the Company and JPMorgan Chase Bank, N.A. as Trustee, with Form of Senior Note included as Exhibit A thereto
 
10.3 to PNMR’s Current Report on Form 8-K filed March 31, 2005
333-32170
PNMR
         
4.3
Supplemental Indenture No. 2, dated as of May 16, 2008 between PNMR and The Bank of New York Trust Company, N.A. (successor to JPMorgan Chase Bank, N.A.), as trustee
 
4.3 to PNMR’s Current Report on Form 8-K filed May 21, 2008
1-32462
PNMR
         
4.4
Indenture, dated as of October 7, 2005, between PNMR and U.S. Bank National Association, as trustee
 
4.11 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005
1-32462
PNMR
         
4.5
Supplemental Indenture, dated as of October 7, 2005, between PNMR and U.S. Bank National Association, as trustee, with Form of Senior Note included as Exhibit A thereto
 
4.12 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005
1-32462
PNMR
         
4.6
Supplemental Indenture No. 2, dated as of August 4, 2008 between PNMR and U.S. Bank National Association, as trustee
 
4.3 to PNMR’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2008
1-32462
PNMR
         
4.7
Registration Rights Agreement, dated as of October 7, 2005, between PNMR, as issuer and Cascade Investment, LLC, as initial holder.
 
4.10 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2005
1-32462
PNMR
         
PNM
       
 
 
 

 
         
4.8
Indenture (for Senior Notes), dated as of March 11, 1998, between PNM and The Chase Manhattan Bank, as Trustee
 
4.4 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1998
1-6986
PNM

4.9
First Supplemental Indenture, dated as of March 11, 1998, supplemental to Indenture, dated as of March 11, 1998, Between PNM and The Chase Manhattan Bank, as Trustee
 
4.5 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1998
1-6986
PNM
         
4.10
Second Supplemental Indenture, dated as of March 11, 1998, supplemental to Indenture, dated as of March 11, 1998, Between PNM and The Chase Manhattan Bank, as Trustee
 
4.6 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1998
1-6986
PNM

4.11
Third Supplemental Indenture, dated as of October 1, 1999 to Indenture dated as of March 11, 1998, between PNM and The Chase Manhattan Bank, as Trustee
 
4.6.1 to PNM’s Annual Report on Form 10-K for the fiscal year ended December 31, 1999
1-6986
PNM
         
4.12
Fourth Supplemental Indenture, dated as of May 1, 2003 to Indenture dated as of March 11, 1998, between PNM and JPMorgan Chase Bank (formerly The Chase Manhattan Bank), as Trustee
 
4.6.2 to PNM’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2003
1-6986
PNM
         
4.13
Fifth Supplemental Indenture, dated as of May 1, 2003 to Indenture dated as of March 11, 1998, between PNM and JPMorgan Chase Bank, as Trustee
 
4.6.3 to PNM’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2003
1-6986
PNM
         
4.14
Sixth Supplemental Indenture, dated as of May 1, 2003 to Indenture dated as of March 11, 1998, between PNM and JPMorgan Chase Bank, as Trustee
 
4.6.4 to PNM’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2003
1-6986
PNM
         
4.15
Seventh Supplemental Indenture, dated as of June 1, 2007 to Indenture dated as of March 11, 1998, between PNM and The Bank of New York Trust Company, N.A. (successor to JPMorgan Chase Bank), as Trustee
 
4.23 to PNM’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007
1-6986
PNM
         
4.16
Eighth Supplemental Indenture, dated as of June 1, 2010 to Indenture dated as of March 11, 1988, between PNM and The Bank of New York Mellon Trust Company (successor to JPMorgan Chase Bank), as Trustee
 
10.1 to PNM’s Current Report on Form 8-K filed July 29, 2010
1-6986
PNM
         
4.17
Ninth Supplemental Indenture, dated as of June 1, 2010 to Indenture dated as of March 11, 1988, between PNM and The Bank of New York Mellon Trust Company (successor to JPMorgan Chase Bank), as Trustee
 
10.2 to PNM’s Current Report on Form 8-K filed July 29, 2010
1-6986
PNM
         
4.18
Indenture (for Senior Notes), dated as of August 1, 1998, between PNM and The
 
4.1 to PNM’s Registration Statement No. 333-53367
333-53367
PNM

 
 

 
  Chase Manhattan Bank, as Trustee      
         
4.19
First Supplemental Indenture, dated August 1, 1998, supplemental to Indenture, dated as of August 1, 1998, between PNM and The Chase Manhattan Bank, as Trustee
 
4.3 to PNM’s Current Report on Form 8-K Dated August 7, 1998
1-6986
PNM
         
4.20
Second Supplemental Indenture, dated September 1, 2003, supplemental to Indenture, dated as of August 1, 1998, between PNM and JPMorgan Chase Bank (formerly, The Chase Manhattan Bank), as Trustee
 
4.7.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2003
1-6986
PNM
         
4.21
Third Supplemental Indenture, dated as of May 13, 2008 between PNM and The Bank of New York Trust Company, N.A. as trustee
 
4.2 to PNM’s Current Report on Form 8-K filed May 15, 2008
1-6986
PNM
         
TNMP
       
         
4.22
The First Mortgage Indenture dated as of March 23, 2009, between TNMP and The Bank of New York Mellon Trust Company, N.A., as Trustee
 
4.1 to TNMP’s Current Report on Form 8-K filed March 27, 2009
2-97230
TNMP
         
4.23
The First Supplemental Indenture dated as of March 23, 2009, between TNMP and The Bank of New York Mellon Trust Company, N.A., as Trustee
 
4.2 to TNMP’s Current Report on Form 8-K filed March 27, 2009
2-97230
TNMP
         
4.24
The Second Supplemental Indenture dated as of March 25, 2009, between TNMP and The Bank of New York Mellon Trust Company, N.A., as Trustee
 
4.3 to TNMP’s Current Report on Form 8-K filed March 27, 2009
2-97230
TNMP
         
4.25
The Third Supplemental Indenture dated as of April 30, 2009 between TNMP and The Bank of New York Mellon Trust Company, N.A., as Trustee
 
4.1 to TNMP’s current Report on Form 8-K filed May 6, 2009
2-97230
TNMP
         
4.26
First Amendment dated as of December 16, 2010 between TNMP and The Bank of New York Mellon Trust Company, N.A., as Trustee to The Third Supplemental Indenture dated as of April 30, 2009 between TNMP and The Bank of New York Mellon Trust Company, N.A., as Trustee
 
4.1 to TNMP’s Current Report on Form 8-K filed December 17, 2010
2-97230
TNMP
         
4.27
Indenture, dated January 1, 1999 between TNMP and JPMorgan Chase Bank (successor to The Chase Bank of Texas, N. A.), as Trustee
 
4(w) to TNMP’s Annual Report on Form 10-K for the year ended December 31, 1998
2-97230
TNMP

4.28
First Supplemental Indenture, dated January 1, 1999, to Indenture, dated January 1, 1999, between TNMP and
 
4(x) to TNMP’s Annual Report on Form 10-K for the year ended December 31, 1998
2-97230
TNMP
 
 
 

 
  JPMorgan Chase Bank (successor to The Chase Bank of Texas, N. A.), as Trustee      
         
4.29
Second Supplemental Indenture, dated June 1, 2003, to Indenture, dated January 1, 1999, between TNMP and JPMorgan Chase Bank (successor to The Chase Bank of Texas, N. A.), as Trustee
 
4 to TNMP’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2003
2-97230
TNMP

Material
Contracts
       
         
10.1
Amended and Restated Credit Agreement, dated as of August 15, 2005, among PNM Resources, Inc. and First Choice Power, L.P., as borrowers, the lenders party thereto, Bank of America, N.A., as administrative agent and Wachovia Bank, National Association, as syndication agent.
 
10.1 to the Company’s Current Report on Form 8-K filed August 19, 2005 as Exhibit 10.1 (refiled with exhibits thereto as Exhibit 10.1 to Form 8-K/A filed January 5, 2010)
1-32462
PNMR
         
10.2
First Amendment to Credit Agreement dated as of November 3, 2006 among PNM Resources, First Choice Power, L.P. and TNMP, as borrowers, the lenders party thereto and Bank of America, N.A., as administrative agent
 
10.2 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2006
1-32462
PNMR
         
10.3
Second Amendment to Credit Agreement dated as of December 20, 2006 among PNM Resources, First Choice Power, L.P. and TNMP, as borrowers, the lenders party thereto and Bank of America, N.A., as administrative agent
 
10.3 to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2007
1-32462
PNMR
         
10.4
Third Amendment to Credit Agreement, dated as of March 11, 2009, among PNMR, First Choice Power, L.P., the lenders party thereto, and Bank of America, N.A., as administrative agent.
 
10.1 to PNMR’s Current Report on Form 8-K filed March 13, 2009
1-32462
PNMR
         
10.5
Fourth Amendment to Credit Agreement, dated as of March 27, 2010, among PNMR, First Choice Power, L.P., the Lenders party thereto and Bank of America, N.A., as administrative agent
 
10.2 to PNMR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010
1-32462
PNMR
         
10.6
Consent Agreement, dated as of August 11, 2008, among PNMR, First Choice Power, L.P., the lenders party thereto and Bank of America, N.A., as administrative agent
 
10.1 to PNMR’s Current Report on 8-K filed August 13, 2008
1-32462
PNMR
         
10.7
Amended and Restated Guaranty Agreement, dated as of August 15, 2005, executed by PNM Resources, Inc.,
 
10.1 to the Company’s Current Report on Form 8-K filed August 19, 2005
1-32462
PNMR
 
 
 

 
  as Guarantor      
         
10.8
Unit Purchase Agreement dated as of August 13, 2004 between PNM Resources and Cascade Investment, L.L.C.
 
99 to PNM Resources’ Current Report on Form 8-K filed August 19, 2004
333-32170
PNMR
         
10.9
First Supplement to Unit Purchase Agreement, dated as of June 4, 2005, between PNMR and Cascade
 
99.2 to the Company’s Current Report on Form 8-K filed June 10, 2005
1-32462
PNMR
10.10
Second Supplement to Unit Purchase Agreement, dated as of July 1, 2005, between PNMR and Cascade
 
99.1 to the Company’s Current Report on Form 8-K filed July 8, 2005
1-32462
PNMR
         
10.11
Third Supplement to Unit Purchase Agreement, dated as of August 12, 2005, between PNMR and Cascade and Fourth Supplement to Unit Purchase Agreement, dated as of September 30, 2005, between PNMR and Cascade
 
10.4 and 10.5 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005
1-32462
PNMR
         
10.12
Credit Agreement dated as of August 17, 2005, among PNM, the lenders party thereto, Wachovia Bank, National Association, as administrative agent and Union Bank of California, N.A., as syndication agent
 
10.3 to the Company’s Current Report on Form 8-K filed August 19, 2005 (refiled with exhibits thereto as Exhibit 10.3 to Form 8-K/A filed January 5, 2010)
1-6986
PNM
         
10.13
Consent Agreement, dated as of August 12, 2008, among PNM, the lenders party thereto, and Wachovia Bank, National Association, as Administrative Agent for the lenders named therein
 
10.2 to PNM’s Current Report on Form 8-K filed August 13, 2008
1-6986
PNM
 
10.14
Transitional Services Agreement among PNM, PNMR Services Company and New Mexico Gas Company, Inc. dated as of January 12, 2008
 
10.12 to PNM’s Annual Report on Form 10-K for the year ended December 31, 2007
1-6986
PNM
         
10.15
Amended and Restated Credit Agreement, dated as of December 16, 2010, among TNMP, the lenders identified therein and JPMorgan Chase Bank, N.A., as administrative agent
 
10.1 to TNMP’s Current Report on Form 8-K filed December 17, 2010
2-97230
TNMP
         
10.16
Term Loan Credit Agreement, dated as of March 25, 2009, among TNMP, the lenders identified therein and Union Bank, N.A., as administrative agent
 
10.1 to TNMP’s Current Report on Form 8-K filed March 27, 2009
1-32462
PNMR

10.17**
PNM Resources, Inc. Second Amended and Restated Omnibus Performance Equity Plan dated May 19, 2009 (“PEP”)
 
4.1 to PNM Resources’ Form S-8 Registration Statement filed May 20, 2009
333-159361
PNMR
         
10.18**
Description of 2010 long term incentive program for named executive officers
 
Item 5.02(e) of PNM Resources’ Current Report on Form 8-K filed March 25, 2010
1-32462
PNMR
 
 
 

 
         
10.19**
Form of Stock Option Award Agreement for non-qualified stock options granted under PEP in 2010
 
10.3 to PNMR’s Current Report on Form 8-K filed May 26, 2009
1-32462
PNMR
         
10.20**
Form of Performance Restricted Stock Rights Award Agreement for performance-based, time-vested restricted stock rights awards based on adjusted cash earnings granted under PEP in 2010
 
10.4 to PNMR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010
1-32464
PNMR
10.21**
Form of Performance Cash Award Agreement for performance cash awards based on adjusted cash earnings granted under PEP in 2010
 
10.5 to PNMR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010
1-32462
PNMR
         
10.22**
Form of Performance Restricted Stock Rights Award Agreement for performance-based, time-vested restricted stock rights awards based on adjusted cash earnings granted under PEP in 2009
 
10.4 to PNMR’s Current Report on Form 8-K filed May 26, 2009 (the 2009 long-term incentive program for named executive officers is described in Item 5.02(e) of this Current Report on Form 8-K filed May 26, 2009)
1-32462
PNMR
         
10.23**
Form of Performance Cash Award Agreement for performance cash awards based on adjusted cash earnings granted under PEP in 2009
 
10.5 to PNMR’s Current Report on Form 8-K filed May 26, 2009
1-32462
PNMR
         
10.24**
Form of Performance Share Award Agreement for performance share awards based on special purpose performance criteria granted under the PEP in 2009
 
10.6 to PNMR’s Current Report on form 8-K filed May 26, 2009
1-32462
PNMR
         
10.25**
Form of Performance Cash Award Agreement for performance cash awards based on special purpose performance criteria granted under the PEP in 2009
 
10.7 to PNMR’s Current Report on Form 8-K filed May 26, 2009
1-32462
PNMR
         
10.26**
Form of Restricted Stock Rights Award Agreement for time-vested stock rights awards granted under PEP in May 2009
 
10.8 to PNMR’s Current Report on Form 8-K filed May 26, 2009
1-32462
PNMR
         
10.27**
Form of the award agreement for non-qualified stock options granted under the PEP in 2007-2009
 
10.2 to the Company's Current Report on Form 8-K filed February 16, 2007
1-32462
PNMR
         
10.28**
Form of award agreement for restricted stock rights granted under the PEP in 2007, 2008 and February 2009
 
10.3 to the Company’s Current Report on Form 8-K filed February 16, 2007
1-32462
PNMR

10.29**
Changes in Director Compensation
 
10.2 to the Company’s Current Report on Form 8-K filed March 1, 2011 (for 2011 compensation) and 10.1 to PNMR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (for 2010 compensation)
1-32462
PNMR
         
10.30**
Form of award notice for  restricted stock awards and stock options granted to directors under the PEP
 
10.3 to the Company’s Current Report on Form 8-K filed March 1, 2011
1-32462
PNMR
 
 
 

 
         
10.31**
PNM Resources, Inc. Executive Spending Account Plan (amended and restated effective January 1, 2011)
 
10.4 to the Company’s Current Report on Form 8-K filed March 1, 2011
333-32170
PNMR
         
10.32**
PNM Resources, Inc. Executive Savings Plan II (amended and restated effective January 1, 2009)
 
4.1 to PNMR’s Registration Statement on Form S-8 (333-156243) filed December 17, 2008
333-156243
PNMR

10.33**
PNM Resources, Inc. After-Tax Retirement Plan effective January 1, 2009
 
10.5 to PNMR’s Annual Report on Form 10-K for he fiscal year ended December 31, 2008
1-32462
PNMR
         
10.34**
2009 Officer Incentive Plan
 
 
10.2 to PNM Resources' Current Report on Form 8-K filed May 26, 2009
1-32462
PNMR
         
10.35**
2010 Officer Incentive Plan
 
10.3 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010
1-32462
PNMR
         
10.36**
Performance Cash Program for the Utilities President (Patricia K. Collawn)
 
10.2 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2008
1-32462
PNMR
         
10.37**
Summary of Executive Time Off Policy Effective January 1, 2006
 
10.31 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005
1-32462
PNMR
         
10.38**
Restated and Amended Public Service Company of New Mexico Accelerated Management Performance Plan (1988) (August 16, 1988) (refiled)
 
10.23 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1998
1-6986
PNM
         
10.39**
First Amendment to Restated and Amended Public Service Company of New Mexico Accelerated Management Performance Plan (1988) (August 30, 1988) (refiled)
 
10.23.1 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1998
1-6986
PNM
         
10.40**
Second Amendment to Restated and Amended Public Service Company of New Mexico Accelerated Management Performance Plan (1988) (December 29, 1989) (refiled)
 
10.23.2 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1998
1-6986
PNM
         
10.41**
Second  [Third] Amendment to the Restated and Amended Public Service Company of New Mexico Accelerated Management Performance Plan (1988) dated December 8, 1992
 
10.22.1 to PNM's Annual Report on Form 10-K for fiscal year ended December 31, 2004.
1-6986
PNM
         
10.42**
Fourth Amendment to the Restated and Amended Public Service Company of New Mexico Accelerated Management Performance Plan, as amended effective December 7, 1998
 
10.23.4 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1999
1-6986
PNM
         
10.43**
Fifth Amendment dated November 27, 2002 to the Restated and Amended PNM Resources, Inc. Accelerated
 
10.23.5 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2002
333-32170
PNMR
 
 
 

 
  Performance Management Plan      
         
10.44**
Sixth Amendment dated December 9, 2003 to the PNM Resources, Inc. Restated and Amended Accelerated Performance Management Plan
 
10.23.6 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2003
333-32170
PNMR

10.45**
Seventh Amendment dated November 21, 2008 to the PNM Resources, Inc. Accelerated Management Performance Plan
 
10.4 to PNMR’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.46**
PNM Resources, Inc. Non-Union Severance Pay Plan effective August 1, 2007 (amended and restated)
 
10.3 to the Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 2007
1-32462
PNMR
 
         
10.47**
First Amendment to the PNM Resources Non-Union Severance Pay Plan executed November 20, 2008
 
10.3 to PNMR’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.48**
PNM Service Bonus Plan dated October 23, 1984
 
19.4 to PNM’s Quarterly Report on Form 10-Q or the quarter ended September 30, 1988
1-6986
PNM
         
10.49**
First Amendment dated November 20, 1985 to PNM Service Bonus Plan
 
10.11.1 to PNM’s Annual Report on Form 10-K for the fiscal year ending December 31, 1985
1-6986
PNM
         
10.50**
Second Amendment dated December 29, 1989 to PNM Service Bonus Plan
 
10.27.2 to PNM’s Annual Report on Form 10-K for the fiscal year ending December 31, 1989
1-6986
PNM
         
10.51**
Second  [Third] Amendment dated December 7, 1998 to PNM Service Bonus Plan
 
10.45 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1999
1-6986
PNM
         
10.52**
Fourth Amendment dated November 27, 2002 to PNM Resources, Inc. Service Bonus Plan
 
10.45.4 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2002
333-32170
PNMR
         
10.53**
Fifth Amendment dated December 9, 2003 to PNM Resources, Inc. Service Bonus Plan
 
10.45.5 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2003
333-32170
PNMR
         
10.54**
Public Service Company of New Mexico OBRA ‘93 Retirement Plan
effective November 15, 1993
 
10.4 to PNM’s Quarterly Report on Form 10-Q for the quarter ended September 30, 1993
1-6986
PNM
         
10.55**
First Amendment to the Public Service Company of New Mexico OBRA ’93 Retirement Plan, as amended effective December 7, 1998
 
10.48.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1999
1-6986
PNM
         
10.56**
Second Amendment dated November 27, 2002 to the PNM Resources, Inc. OBRA ’93 Retirement Plan
 
10.48.2 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2002
333-32170
PNMR
         
10.57**
Third Amendment dated December 9, 2003 to the PNM Resources, Inc. OBRA ’93 Retirement Plan
 
10.48.3 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2003
333-32170
PNMR
 
 
 

 
         
10.58**
Public Service Company of New Mexico Section 415 Plan dated January 1, 1994
 
10.50 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1993
1-6986
PNM

10.59**
First Amendment dated December 7, 1998 and Second Amendment dated August 7, 1999 to PNM Section 415 Plan and Third Amendment dated November 27, 2002 to the PNM Resources, Inc. Section 415 Plan
 
10.50.1 to the Company’s Annual Report in Form 10-K for the fiscal year ended December 31, 2002
333-32170
PNMR
         
10.60**
Fourth Amendment dated December 9, 2003 to the PNM Resources, Inc. Section 415 Plan
 
10.50.2 to the Company’s Annual Report in Form 10-K for the fiscal year ended December 31, 2003
333-32170
PNMR
         
10.61**
PNM Resources, Inc. Officer Retention Plan executed September 2, 2008 (amended and restated effective January 1, 2009)
 
10.1 to the Company’s Quarterly Report in Form 10-Q for the quarter ended September 30, 2008
1-32462
PNMR
 
         
10.62**
First Amendment to PNM Resources, Inc. Officer Retention Plan executed November 20, 2008
 
10.8 to the Company’s Annual Report in Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.63**
PNM Resources Executive Spending Account Plan dated December 9, 2003
 
10.52 to the Company’s Annual Report on Form 10-K for fiscal year ended December 31, 2003
333-32170
PNMR
         
10.64**
First Amendment to PNM Resources Executive Spending Account Plan effective January 1, 2004
 
10.52.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2004
333-32170
PNMR
         
10.65**
Second Amendment to PNMR’s Executive Spending Account Plan executed August 28, 2008
 
10.2 to PNMR’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2008
1-32462
PNMR
         
10.66**
Third Amendment to PNMR’s Executive Spending Account Plan effective January 1, 2009
 
10.7 to PNMR’s Annual Report on Form 10-K for the year ended December 31, 2008
1-32462
PNMR

10.67**
Third Restated and Amended Public Service Company of New Mexico Performance Stock Plan effective March 10, 1998
 
10.74 to PNM's Quarterly Report on Form 10-Q for the quarter ended March 31, 1998
1-6986
PNM
         
10.68**
First Amendment to the Third Restated and Amended Public Service Company of New Mexico Performance Stock Plan Dated February 7, 2000
 
10.74.1 to PNM's Quarterly Report on Form 10-Q for the quarter ended March 31, 2000
1-6986
PNM
         
10.69**
Second Amendment to the Third Restated and Amended Public Service Company of New Mexico Performance Stock Plan, effective December 7, 1998
 
10.74.2 to PNM's Annual Report on Form 10-K for the fiscal year ended December 31, 2000
1-6986
PNM
         
10.70**
Third Amendment to the Third Restated and Amended Public Service Company of New Mexico Performance Stock Plan, effective December 10, 2000
 
10.74.3 to PNM’s Annual Report on Form 10-K for the fiscal year ended December 31, 2000
1-6986
PNM

 
 

 
10.71**
Fourth Amendment to Third Restated and Amended Public Service Company of New Mexico Performance Stock Plan dated December 31, 2001
 
4.3.5 to PNM Resources’ Post-Effective Amendment No. 1 to Form S-8 Registration Statement filed December 31, 2001
333-03303
PNMR
         
10.72**
Fifth Amendment to the Third Restated and Amended PNM Resources, Inc. Performance Stock Plan dated September 6, 2002
 
10.74.5 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2002
333-32170
PNMR
         
10.73**
PNM Resources, Inc.
Director Retainer Plan,
dated December 31, 2001
 
4.3 to PNM Resources, Inc.
Post-Effective Amendment No. 1 to Form S-8 Registration Statement filed December 31, 2001
333-03289
PNMR
         
10.74**
First Amendment dated
February 17, 2003 to
PNM Resources, Inc. Director Retainer Plan
 
10.40.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2003
333-32170
PNMR
         
10.75**
Supplemental Employee Retirement Agreement for Patrick T. Ortiz (amended and restated effective January 1, 2009)
 
10.3 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2008
1-32462
PNMR
         
10.76**
Retainer Agreement between the Company and Patrick T. Ortiz dated July 28, 2009 (assigned on December 10, 2009, for billing and collection purposes only, to Cuddy & McCarthy, LLP)
 
10.1 to PNMR’s Current Report on Form 8-K filed July 30, 2009
1-32462
PNMR
 
10.77**
Executive Transition Agreement between the Company and Patrick T. Ortiz dated July 28, 2009
 
10.2 to PNMR’s Current Report on Form 8-K filed July 30, 2009
1-32462
PNMR

10.78**
Supplemental Employee Retirement Agreement for Jeffry E. Sterba (amended and restated effective January 1, 2009)
 
10.9 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.79**
Amended and Restated Retention Bonus Agreement for Jeffry E. Sterba executed September 7, 2007
 
10.4 to the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2007
1-32462
PNMR
         
10.80**
First Amendment to the Retention Bonus Agreement between PNMR and Jeffrey E. Sterba effective January 1, 2009
 
10.11 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.81**
PNM Resources Officer Life Insurance Plan dated April 28, 2004
 
10.24.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2004
333-32170
PNMR
         
10.82**
First Amendment to PNM Resources Officer Life Insurance Plan dated December 16, 2004
 
10.27 to the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2004.
333-32170
PNMR

10.83**
Second Amendment to PNM Resources
 
10.5 to the Company’s Quarterly Report
1-32462
 
 
 

 
  Officer Life Insurance Plan executed April 15, 2007   on Form 10-Q for the quarter ended September 30, 2007
PNMR
         
10.84**
Third Amendment to the PNMR Officer Life Insurance Plan effective January 1, 2009
 
10.10 to PNMR’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.85**
Fourth Amendment to the PNMR Officer Life Insurance Plan effective January 1, 2009
 
10.15 to PNMR’s Annual Report on Form 10-K for the fiscal year ended December 31, 2008
1-32462
PNMR
         
10.86**
Long Term Care Insurance Plan effective January 1, 2003
 
10.87 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2002
333-32170
PNMR
         
10.87**
Executive Long Term Disability effective January 1, 2003
 
10.88 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2002
333-32170
PNMR
         
10.88
Supplemental Indenture of Lease dated as of July 19, 1966 between PNM and other participants in the Four Corners Project and the Navajo Indian Tribal Council
 
4-D to PNM’s Registration Statement No. 2-26116
2-26116
PNM
         
10.89
Amendment and Supplement No. 1 to Supplemental and Additional Indenture of Lease dated April 25, 1985 between the Navajo Tribe of Indians and Arizona Public Service Company, El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, and Tucson Electric Power Company (refiled)
 
10.1.1 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1995
1-6986
PNM
         
10.90
Water Supply Agreement between the Jicarilla Apache Tribe and Public Service Company of New Mexico, dated July 20, 2000
 
10.5 to PNM’s Quarterly Report of Form 10-Q for the quarter ended September 30, 2001
1-6986
PNM
         
10.91
Arizona Nuclear Power Project Participation Agreement among PNM and Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, Tucson Gas & Electric Company and El Paso Electric Company, dated August 23, 1973
 
5-T to PNM’s Registration Statement No. 2-50338
2-50338
PNM
         
10.92
Amendments No. 1 through No. 6 to Arizona Nuclear Power Project Participation Agreement
 
10.8.1 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1991
1-6986
PNM
         

 
 

 


10.93
Amendment No. 7 effective April 1, 1982, to the Arizona Nuclear Power Project Participation Agreement (refiled)
 
10.8.2 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1991
1-6986
PNM
         
10.94
Amendment No. 8 effective September 12, 1983, to the Arizona Nuclear Power Project Participation Agreement (refiled)
 
10.58 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1993
1-6986
PNM
         
10.95
Amendment No. 9 to Arizona Nuclear Power Project Participation Agreement dated as of June 12, 1984 (refiled)
 
10.8.4 to PNM’s Annual Report of the Registrant on Form 10-K for fiscal year ended December 31, 1994
1-6986
PNM
         
10.96
Amendment No. 10 dated as of November 21, 1985 and Amendment No. 11 dated as of June 13, 1986 and effective January 10, 1987 to Arizona Nuclear Power Project Participation Agreement (refiled)
 
10.8.5 to PNM’s Annual Report of the Registrant on Form 10-K for fiscal year ended December 31, 1994
1-6986
PNM
         
10.97
Amendment No. 12 to Arizona Nuclear Power Project Participation Agreement dated June 14, 1988, and effective August 5, 1988
 
19.1 to PNM's Quarterly Report on Form 10-Q for the quarter ended September 30, 1990
1-6986
PNM
         
10.98
Amendment No. 13 to the Arizona Nuclear Power Project Participation Agreement dated April 4, 1990, and effective June 15, 1991
 
10.8.10 to PNM’s Annual Report on Form 10-K for the fiscal year ended December 31, 1990
1-6986
PNM
         
10.99
Amendment No. 14 to the Arizona Nuclear Power Project Participation Agreement effective June 20, 2000
 
10.8.9 to PNM’s Annual Report on Form 10-K for the fiscal year ended December 31, 2000
1-6986
PNM
         
10.100
Amendment No. 15 to the Arizona Nuclear Power Project Participation Agreement dated November 29, 2010 and effective January 1, 2010
 
10.1 to PNM’s Current Report on Form 8-K filed February 28, 2011
1-6986
PNM

10.101
Underground Coal Sales Agreement, dated August 31, 2001 among San Juan Coal Company, PNM and Tucson Electric Power Company
 
10.85 to PNM’s Quarterly Report on Form 10-Q for the quarter ending September 31, 2001  (Confidential treatment was requested for portions of this exhibit, and such portions were omitted from this exhibit filed and were filed separately with the Securities and Exchange Commission)
1-6986
PNM
         
10.102
Amendment One to Underground Coal Sales Agreement dated December 15, 2003 among San Juan Coal Company, PNM and Tucson Electric Coal Company
 
10.9.1 to PNM’s Amended Report on Form 10-K for fiscal year ended December 31, 2003 (Confidential treatment was requested for portions of this exhibit, and such portions were omitted from this exhibit filed and were filed separately with the Securities and Exchange Commission)
1-6986
PNM
         

 
 

 


10.103
Amendment Two to Underground Coal Sales Agreement effective September 15, 2004 among San Juan Coal Company, PNM and Tucson Electric Coal Company
 
10.9.2 to PNM’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2004
1-6986
PNM
         
10.104
Amendment Three to Underground Coal Sales Agreement executed April 29, 2005 among San Juan Coal Company, PNM and Tucson Electric Coal Company (Confidential treatment was requested for portions of this exhibit, and such portions were omitted from this exhibit filed and were filed separately with the Securities and Exchange Commission)
 
10.86.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2005
1-6986
PNM
         
10.105
Amendment Four to Underground Coal Sales Agreement effective March 7, 2007 among San Juan Coal Company, PNM and Tucson Electric Coal Company
 
10.89 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2007
1-6986
PNM
         
10.106
Amendment Five to Underground Coal Sales Agreement executed December 21, 2007 among San Juan Coal Company, PNM and Tucson Electric Power Company (Confidential treatment was requested for portions of this exhibit, and such portions were omitted from this exhibit filed and were filed separately with the Securities and Exchange Commission)
 
10.95 to PNM’s Annual Report on Form 10-K for the year ended December 31, 2007
1-6986
PNM
         
10.107
San Juan Unit 4 Early Purchase and Participation Agreement dated as of September 26, 1983 between PNM and M-S-R Public Power Agency, and Modification No. 2 to the San Juan Project Agreements dated December 31, 1983 (refilled)
 
10.11 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1994
1-6986
PNM
         
10.108
Amendment No. 1 to the Early Purchase and Participation Agreement between Public Service Company of New Mexico and M-S-R Public Power Agency, executed as of December 16, 1987, for San Juan Unit 4 (refiled)
 
10.11.1 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1997
1-6986
PNM
         
10.109
Amendment No. 3 to the San Juan Unit 4 Early Purchase and Participation Agreement between Public Service Company of New Mexico and M-S-R Public Power Agency, dated as of October 27, 1999
 
10.11.3 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1999
1-6986
PNM
         

 
 

 


10.110
Amended and Restated San Juan Unit 4 Purchase and Participation Agreement dated as of December 28, 1984 between PNM and the Incorporated County of Los Alamos (refiled)
 
10.12 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1994
1-6986
PNM
         
10.111
Amendment No. 1 to the Amended and Restated San Juan Unit 4 Purchase and Participation Agreement between Public Service Company of New Mexico and M-S-R Public Power Agency, dated as of October 27, 1999
 
10.12.1 to PNM’s Annual Report Form 10-K for fiscal year ended December 31, 1999
1-6986
PNM
         
10.112
Amendment No. 2 to the San Juan Unit 4 Purchase Agreement and Participation Agreement between Public Service Company of New Mexico and The Incorporated County of Los Alamos, New Mexico, dated October 27, 1999
 
10.13 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1999
1-6986
PNM
         
10.113
Participation Agreement among PNM, Tucson Electric Power Company and certain financial institutions relating to the San Juan Coal Trust dated as of December 31, 1981 (refiled)
 
10.14 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1992
1-6986
PNM
         
10.114
San Juan Unit 4 Purchase and Participation Agreement Public Service Company of New Mexico and the City of Anaheim, California dated April 26, 1991
 
19.2 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1991
1-6986
PNM
         
10.115
Amendment No. 1 to the San Juan Unit 4 Purchase and Participation Agreement between Public Service Company of New Mexico and The City of Anaheim, California, dated October 27, 1999
 
10.36.1 to Annual Report PNM’s on Form 10-K for fiscal year ended December 31, 1999
1-6986
PNM
         
10.116
Restated and Amended San Juan Unit 4 Purchase and Participation Agreement between Public Service Company of New Mexico and Utah Associated Municipal Power Systems
 
10.2.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended September 30, 1993
1-6986
PNM

10.117
Amendment No. 1 to the Restated and Amended San Juan Unit 4 Purchase And Participation Agreement between Public Service Company of New Mexico And Utah Associated Municipal Power Systems, dated October 27, 1999
 
10.38.1 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1999
1-6986
PNM
         
10.118
Participation Agreement dated as of June 30, 1983 among Security Trust Company, as Trustee, PNM, Tucson Electric Power Company and certain financial institutions relating to the San Juan Coal Trust (refiled)
 
10.61 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1993
1-6986
PNM
         

 
 

 


10.119
Amended and Restated San Juan Project Participation Agreement dated as of March 3, 2006, among Public Service Company of New Mexico, Tucson Electric Power Company, The City of Farmington, New Mexico, M-S-R Public Power Agency, The Incorporated County of Los Alamos, New Mexico, Southern California Public Power Authority, City of Anaheim, Utah Associated Municipal Power System and Tri-State Generation and Transmission Association, Inc.
 
10.119 to PNM's Quarterly Report on Form 10-Q for the quarter ended March 30, 2006
1-6986
PNM
         
10.120*
Facility Lease dated as of December 16, 1985 between The First National Bank of Boston, as Owner Trustee, and Public Service Company of New Mexico together with Amendments No. 1, 2 and 3 thereto (refiled)
 
10.18 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1995
1-6986
PNM
         
10.121*
Amendment No. 4 dated as of March 8, 1995, to Facility Lease between Public Service Company of New Mexico and the First National Bank of Boston, dated as of December 16, 1985
 
10.18.5 to the PNM's Quarter Report on Form10-Q for the quarter ended March 31, 1995
1-6986
PNM
         
10.122
Facility Lease dated as of July 31, 1986, between the First National Bank of Boston, as Owner Trustee, and Public Service Company of New Mexico together with Amendments No. 1, 2 and 3 thereto (refiled)
 
10.19 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
10.123
Facility Lease dated as of August 12, 1986, between The First National Bank of Boston, as Owner Trustee, and Public Service Company of New Mexico together with Amendments No. 1 and 2 thereto (refiled)
 
10.20 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM

10.124
Amendment No. 2 dated as of April 10, 1987 to Facility Lease dated as of August 12, 1986, as amended, between The First National Bank of Boston, not in its individual capacity, but solely as Owner Trustee under a Trust Agreement, dated as of August 12, 1986, with MFS Leasing Corp., Lessor and Public Service Company of New Mexico, Lessee (refiled)
 
10.20.2 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1998
1-6986
PNM
         
10.125
Amendment No. 3 dated as of March 8, 1995, to Facility Lease between Public Service Company of New Mexico and the First National Bank of Boston, dated as of August 12, 1986
 
10.20.4 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1995
1-6986
PNM
         

 
 

 


10.126
Facility Lease dated as of December 15, 1986, between The First National Bank of Boston, as Owner Trustee, and Public Service Company of New Mexico (Unit 1 Transaction) together with Amendment No. 1 thereto (refiled)
 
10.21 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
10.127
Facility Lease dated as of December 15, 1986, between The First National Bank of Boston, as Owner Trustee, and Public Service Company of New Mexico Unit 2 Transaction) together with Amendment No. 1 thereto (refiled)
 
10.22 to PNM’s Annual Report of the Registrant on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
10.128
Amendment No. 2 dated as of April 10, 1987 to the Facility Lease dated as of August 12, 1986 between The First National bank of Boston, as Owner Trustee, and PNM. (Unit 2 transaction.) (This is an amendment to a Facility Lease which is substantially similar to the Facility Lease filed as Exhibit 28.1 to the Company’s Current Report on Form 8-K dated August 18, 1986)
 
10.53 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1987
1-6986
PNM
         
10.129
Master Decommissioning Trust Agreement for Palo Verde Nuclear Generating Station dated March 15, 1996, between Public Service Company of New Mexico and Mellon Bank, N.A.
 
10.68 to PNM's Quarterly Report on Form 10-Q for the quarter ended March 31, 1996
1-6986
PNM
         
10.130
Amendment Number One to the Master Decommissioning Trust Agreement for Palo Verde Nuclear Generating Station dated January 27, 1997, between Public Service Company of New Mexico and Mellon Bank, N.A.
 
10.68.1 to PNM's Annual Report on Form 10-K for fiscal year ended December 31, 1997
1-6986
PNM
         
10.131
Amendment Number Two to the Master Decommissioning Trust Agreement for Palo Verde Nuclear Generating Station between Public Service Company of New Mexico and Mellon Bank, N.A.
 
10.68.2 to PNM's Annual Report on Form 10-K for fiscal year ended December 31, 2003
1-6986
PNM
         
10.132
Refunding Agreement No. 8A, dated as of December 23, 1997, among PNM, the Owner Participant Named Therein, State Street Bank and Trust Company, as Owner Trustee, The Chase Manhattan Bank, as Indenture Trustee, and First PV Funding Corporation
 
10.73 to PNM's Quarterly Report on Form 10-Q for the quarter ended March 31, 1998
1-6986
PNM
         
10.133
PVNGS Capital Trust—Variable Rate Trust Notes—PVNGS Note Agreement dated as of July 31, 1998
 
10.76 to PNM's Quarterly Report on Form 10-Q for the quarter ended September 30, 1998
1-6986
PNM

 
 

 


10.134
New Mexico Public Service Commission Order dated July 30, 1987, and Exhibit I thereto, in NMPUC Case No. 2004, regarding the PVNGS decommissioning trust fund (refiled)
 
10.67 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1997
1-6986
PNM
         
10.135
Stipulation in the matter of PNM’s transition plan Utility Case No. 3137, dated October 10, 2002 as amended by Amendment to Stipulated Agreement dated October 18, 2002
 
10.86 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2002
1-6986
PNM
         
10.136
Settlement Agreement between Public Service Company of New Mexico and Creditors of Meadows Resources, Inc. dated November 2, 1989 (refiled)
 
10.34 to PNM’s Quarterly Report on Form 10-Q for quarter ended June 30, 2000
1-6986
PNM
         
10.137
First Amendment dated April 24, 1992 to the Settlement Agreement dated November 2, 1989 among Public Service Company of New Mexico, the lender parties thereto and collateral agent (refiled)
 
10.34.1 to PNM’s Quarterly Report on Form 10-Q for quarter ended June 30, 2000
1-6986
PNM
         
10.138
Amendment dated April 11, 1991 among Public Service Company of New Mexico, certain banks and Chemical Bank and Citibank, N.A., as agents for the banks
 
19.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended September 30, 1991
1-6986
PNM
         
10.139
Stipulation dated February 28, 2005 in NMPRC Case No. 04-00315-UT regarding the application of PNM Resources and TNMP for approval of the TNP acquisition
 
10.134 to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2005
1-32462
PNMR/
TNMP
         
10.140
Settlement Agreement dated February 3, 2005, between PNM Resources, Inc. and Texas-New Mexico Power Company, the cities of Dickenson, Lewisville, La Marque, Ft. Stockton and Friendswood, Texas, the Legal and Enforcement Division of the Public Utility Commission of Texas, the Office of Public Utility Counsel, the Texas Industrial Energy Consumers and the Alliance for Retail Markets
 
10.1-10.1.7 to the Company’s Current Report on Form 8-K filed February 7, 2005
1-32462
PNMR/
TNMP
         
10.141
Consent Decree entered into by PNM on March 9, 2005 relating to the citizen suit under the Clean Air Act and the excess emissions report matter for SJGS
 
10.135 to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2005
1-6986
PNM
         

 
 

 

10.142
Settlement and Release of Claims Agreement dated February 11, 2010 among PNM, PG&E, SDG&E, CPUC, California ex. rel. Edmund G. Brown, Jr., Attorney General and the California Dept. of Water Resources (collectively, “PNM and the California Parties”) (relating to certain 2000-2001 transactions in California energy markets)
 
10.1 to PNM’s Current Report on Form 8-K filed February 12, 2010
1-6986
PNM
         
10.143
Agreement for Disposition of Escrowed Funds dated January 11, 2010 among PNM and the California Parties
 
10.1 to PNM’s current Report on Form 8-K filed January 14, 2010
1-6986
PNM
         
21
Certain subsidiaries of PNM Resources
 
21 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2008
1-32462
PNMR
         
99.1*
Participation Agreement dated as of December 16, 1985, among the Owner Participant named therein, First PV Funding Corporation. The First National Bank of Boston, in its individual capacity and as Owner Trustee (under a Trust Agreement dated as of December 16, 1985 with the Owner Participant), Chemical Bank, in its individual capacity and as Indenture Trustee (under a Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 16, 1985 with the Owner Trustee), and Public Service Company of New Mexico, including Appendix A definitions together with Amendment No. 1 dated July 15, 1986 and Amendment No. 2 dated November 18, 1986 (refiled)
 
99.2 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1995
1-6986
PNM
         
99.2
Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 16, 1985, between the First National Bank of Boston, as Owner Trustee, and Chemical Bank, as Indenture Trustee together with Supplemental Indentures Nos. 1 and 2 (refiled)
 
99.3 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1996
1-6986
PNM
         
99.3
Supplemental Indenture No. 3 dated as of March 8, 1995, to Trust Indenture Mortgage, Security Agreement and Assignment of Rents between The First National Bank of Boston and Chemical Bank dated as of December 16, 1985
 
99.3.3 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1995
1-6986
PNM
         
 
 
 

 
99.4*
Assignment, Assumption and Further Agreement dated as of December 16, 1985, between Public Service Company of New Mexico and The First National Bank of Boston, as Owner Trustee (refiled)
 
99.4 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1995
1-6986
PNM
         
99.5
Participation Agreement dated as of July 31, 1986, among the Owner Participant named herein, First PV Funding Corporation, The First National Bank of Boston, in its individual capacity and as Owner Trustee (under a Trust Agreement dated as of July 31, 1986, with the Owner Participant), Chemical Bank, in its individual capacity and as Indenture Trustee (under a Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of July 31, 1986, with the Owner Trustee), and Public Service Company of New Mexico, including Appendix A definitions together with Amendment No. 1 thereto (refiled)
 
99.5 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.6
Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of July 31, 1986, between The First National Bank of Boston, as Owner Trustee, and Chemical Bank, as Indenture Trustee together with Supplemental Indenture No. 1 thereto (refiled)
 
99.6 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.7
Assignment, Assumption, and Further Agreement dated as of July 31, 1986, between Public Service Company of New Mexico and The First National Bank of Boston, as Owner Trustee (refiled)
 
99.7 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.8
Participation Agreement dated as of August 12, 1986, among the Owner Participant named therein, First PV Funding Corporation. The First National Bank of Boston, in its individual capacity and as Owner Trustee (under a Trust Agreement dated as of August 12, 1986, with the Owner Participant), Chemical Bank, in its individual capacity and as Indenture Trustee (under a Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of August 12, 1986, with the Owner Trustee), and Public Service Company of New Mexico, including Appendix A definitions (refiled)
 
99.8 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
 
 
 

 
99.8.1*
Amendment No. 1 dated as of November 18, 1986, to Participation Agreement dated as of August 12, 1986 (refiled)
 
99.8.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
99.9*
Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of August 12, 1986, between the First National Bank of Boston, as Owner Trustee, and Chemical Bank, as Indenture Trustee together with Supplemental Indenture No. 1 thereto (refiled)
 
99.9 to PNM’s Annual Report of the Registrant on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.9.2
Supplemental Indenture No. 2 dated as of March 8, 1995, to Trust Indenture, Mortgage, Security Agreement and Assignment of Rents between The First National Bank of Boston and Chemical Bank dated as of August 12, 1986
 
99.9.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1995
1-6986
PNM
         
99.10*
Assignment, Assumption, and Further Agreement dated as of August 12, 1986, between Public Service Company of New Mexico and The First National Bank of Boston, as Owner Trustee (refiled)
 
99.10 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
99.11*
Participation Agreement dated as of December 15, 1986, among the Owner Participant named therein, First PV Funding Corporation, The First National Bank of Boston, in its individual capacity and as Owner Trustee (under a Trust Agreement dated as of December 15, 1986, with the Owner Participant), Chemical Bank, in its individual capacity and as Indenture Trustee (under a Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 15, 1986, with the Owner Trustee), and Public Service Company of New Mexico, including Appendix A definitions (Unit 1 Transaction) (refiled)
 
99.1 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
99.12
Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 15, 1986, between The First National Bank of Boston, as Owner Trustee, and Chemical Bank, as Indenture Trustee (Unit 1 Transaction) (refiled)
 
99.12 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
99.13
Assignment, Assumption and Further Agreement dated as of December 15, 1986, between Public Service Company of New Mexico and The First National Bank of Boston, as Owner Trustee (Unit 1 Transaction) (refiled)
 
99.13 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
 
 
 

 
99.14
Participation Agreement dated as of December 15, 1986, among the Owner Participant named therein, First PV Funding Corporation, The First National Bank of Boston, in its individual capacity and as Owner Trustee (under a Trust Agreement dated as of December 15, 1986, with the Owner Participant), Chemical Bank, in its individual capacity and as Indenture Trustee (under a Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 15, 1986, with the Owner Trustee), and Public Service Company of New Mexico, including Appendix A definitions (Unit 2 Transaction) (refiled)
 
99.14 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
99.15
Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 31, 1986, between the First National Bank of Boston, as Owner Trustee, and Chemical Bank, as Indenture Trustee (Unit 2 Transaction) (refiled)
 
99.15 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.16
Assignment, Assumption, and Further Agreement dated as of December 15, 1986, between Public Service Company of New Mexico and The First National Bank of Boston, as Owner Trustee (Unit 2 Transaction) (refiled)
 
99.16 to PNM’s Quarterly Report on Form 10-Q for the quarter ended March 31, 1997
1-6986
PNM
         
99.17*
Waiver letter with respect to “Deemed Loss Event” dated as of August 18, 1986, between the Owner Participant named therein, and Public Service Company of New Mexico (refiled)
 
99.17 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.18*
Waiver letter with respect to Deemed Loss Event” dated as of August 18, 1986, between the Owner Participant named therein, and Public Service Company of New Mexico (refiled)
 
99.18 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.19
Agreement No. 13904 (Option and Purchase of Effluent), dated April 23, 1973, among Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, the Cities of Phoenix, Glendale, Mesa, Scottsdale, and Tempe, and the Town of Youngtown (refiled)
 
99.19 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         

 
 

 


99.20
Agreement for the Sale and Purchase of Wastewater Effluent, dated June 12, 1981, Among Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District and the City of Tolleson, as amended (refiled)
 
99.20 to PNM’s Annual Report on Form 10-K for fiscal year ended December 31, 1996
1-6986
PNM
         
99.21
Municipal Effluent Purchase and Sale Agreement dated April 23, 2010 between Cities of Phoenix, Mesa, Tempe, Scottsdale and Glendale, Arizona municipal corporations; and APS, SRP, acting on behalf of themselves and EPE, SCE, PNM, SCPPA, and Los Angeles Department of Water and Power
 
10.6 to the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2010
1-6986
PNM
         
99.22*
1996 Supplemental Indenture dated as of September 27, 1996 to Trust Indenture, Mortgage, Security Agreement and Assignment of Rents dated as of December 16, 1985 between State Street Bank and Trust Company, as Owner Trustee, and The Chase Manhattan Bank, as Indenture Trustee
 
99.21 to PNM’s Quarterly Report on Form 10-Q for the quarter ended September 30, 1996
1-6986
PNM
         
99.23
1997 Supplemental Indenture, dated as of December 23, 1997, to Trust Indenture, Mortgage, Security Agreement and Assignment of Rents, dated as of August 12, 1986, between State Street Bank and Trust, as Owner Trustee, and The Chase Manhattan Bank, as Indenture Trustee
 
99.22 to the Company’s Annual Report on Form 10-K for the year ended December 31, 2006
1-6986
PNM


___________
 *     One or more additional documents, substantially identical in all material respects to this exhibit, have been entered into, relating to one or more additional sale and leaseback transactions. Although such additional documents may differ in other respects (such as dollar amounts and percentages), there are no material details in which such additional documents differ from this exhibit.

**    Designates each management contract or compensatory plan or arrangement required to be identified pursuant to paragraph 3 of Item 15(a) of Form 10 -K.


‡      Certain instruments defining the rights of holders of long-term debt of the registrants included in the financial statements of registrants filed herewith have been omitted because the total amount of securities authorized thereunder does not exceed 10% of the total assets of registrants. The registrants hereby agree to furnish a copy of any such omitted instrument to the SEC upon request.



 
 

 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.


   
PNM RESOURCES, INC.
   
(Registrant)
     
Date:  March 30, 2011
By
/s/ Thomas G. Sategna
   
Thomas G. Sategna
   
Vice President and Corporate Controller