Exhibit 3.1.2 DRAFT State of Delaware Secretary of State Division of Corporations Delivered 05:42 PM 06/20/2005 FILED 05:37 PM 06/20/2005 SRV 050512817-0939652 FILE CERTIFICATE OF AMENDMENT OF AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF CALPINE CORPORATION CALPINE CORPORATION, a corporation duly organized and existing under the General Corporation Law of the State of Delaware (the "Corporation"), does hereby certify that: 1. The Amended and Restated Certificate of Incorporation of the Corporation, as amended on June 2, 2004, is hereby amended by: (i) deleting paragraphs (b) and (c) of Article SEVENTH thereof and inserting the following in lieu thereof: (b) Except as otherwise provided by law, each Director shall be elected at the annual meeting of stockholders to serve a one-year term and until such Director's successor is elected and qualified or until such Director's death, resignation or removal. (c) In the event of any increase or decrease in the authorized number of Directors, each Director then serving as such shall nevertheless continue as a Director until the expiration of his current term, or his early resignation, removal from office or death. 2. The foregoing amendment was duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware. IN WITNESS WHEREOF, Calpine Corporation has caused this Certificate to be executed by Lisa M. Bodensteiner, its duly authorized officer, this 20th day of June 2005. CALPINE CORPORATION By: /s/ LISA M. BODENSTEINER ---------------------------------- Name: Lisa M. Bodensteiner Title: Executive Vice President, and Assistant Secretary