FIRST AMENDMENT TO THE PUBLIC SERVICE COMPANY OF NEW MEXICO SECTION 415 PLAN THIS FIRST AMENDMENT TO THE PUBLIC SERVICE COMPANY OF NEW MEXICO SECTION 415 PLAN is effective the 7th day of December 1998 by the Public Service Company of New Mexico, a New Mexico corporation ("PNM" or the "Company"). WHEREAS, the Company established the Public Service Company of New Mexico Section 415 Plan (the "Plan") effective January 1, 1994; WHEREAS, under Section 6.03, the Company reserved the right at any time to amend the Plan; WHEREAS, on December 7, 1998, the Compensation and Human Resources Committee of the PNM Board of Directors approved certain benefits upon a Change in Control (as defined in the First Restated and Amended Executive Retention Plan) and authorized certain amendments to affected plans, including this Plan; and WHEREAS, the Company desires to amend this Plan to incorporate the approved Change in Control benefits to provide full and sufficient funding of the Public Service Company of New Mexico and Paragon Resources, Inc. Deferred Compensation Trust Agreement (the "Rabbi Trust") for any obligations or benefits accrued as of the date of the occurrence of a Change in Control. NOW THEREFORE, the Company hereby amends the Plan as follows: ITEM 1. Article V, Source of Benefit Payments, shall be amended to add a new Section 5.02, as follows: 5.02 Change in Control. Upon a Change in Control, as defined in the First Restated and Amended Executive Retention Plan effective December 7, 1998, and incorporated herein by reference, the Company shall sufficiently fund the Public Service Company of New Mexico and Paragon Resources, Inc. Deferred Compensation Trust Agreement (the "Rabbi Trust") to provide in full for any benefits accrued under this Plan as of the date of the occurrence of the Change in Control. ITEM 2. Except as herein above amended, the Company hereby readopts and redeclares each and every other provision of the Plan. 1 IN WITNESS WHEREOF, Public Service Company of New Mexico caused this First Amendment to the Public Service Company of New Mexico Section 415 Plan to be executed by its authorized officers effective as of the date and year first above written. PUBLIC SERVICE COMPANY OF NEW MEXICO Date:_________________ By_________________________________________ BENJAMIN F. MONTOYA President and Chief Executive Officer 2 24872