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Massey Energy Company (Name of Registrant As Specified in Its Charter)

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Massey Energy Company (Name of Registrant As Specified in Its Charter) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant _ Filed by a Party other than the Registrant Check the appropriate box: Preliminary Proxy Statement Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) _ Definitive Proxy Statement Definitive Additional Materials Soliciting Material under §240.14a-12 Massey Energy Company (Name of registrant as specified in its charter) (Name of person(s) filing proxy statement, if other than the registrant) Payment of Filing Fee (Check the appropriate box): _ No fee required. Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11. (1) Title of each class of securities to which the transaction applies: (2) Aggregate number of securities to which the transaction applies: (3) Per unit price or other underlying value of the transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined): (4) Proposed maximum aggregate value of the transaction: https://www.sec.gov/Archives/edgar/data/37748/000119312510085615/ddef14a.htm 9/26/2015 Definitive Proxy Statement Page 2 of 125 (5) Total fee paid: Fee paid previously with preliminary materials. Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. (1) Amount Previously Paid: (2) Form, Schedule or Registration Statement No.: (3) Filing Party: (4) Date Filed: https://www.sec.gov/Archives/edgar/data/37748/000119312510085615/ddef14a.htm 9/26/2015 Definitive Proxy Statement Page 3 of 125 Massey Energy Company 4 North 4th Street Richmond, Virginia 23219 April 16, 2010 Dear Stockholder: You are cordially invited to attend the 2010 Annual Meeting of Stockholders of Massey Energy Company, which will be held on Tuesday, May 18, 2010, at 9:00 a.m. Eastern Daylight Time at The Jefferson Hotel, 101 West Franklin Street, Richmond, Virginia 23220. Directions to the Jefferson Hotel are included for your convenience on the back page of this booklet. Information about the Annual Meeting of Stockholders and the various matters on which the stockholders will act is included in the Notice of Annual Meeting of Stockholders and Proxy Statement that follow. Also included is a proxy card and postage-paid return envelope. The Board of Directors recommends that you complete and return the accompanying proxy card in the enclosed envelope, or vote electronically through the Internet or by telephone, to be sure that your shares will be represented and voted at the Annual Meeting of Stockholders. The enclosed proxy card contains instructions on voting electronically through the Internet or by telephone or, if your shares are registered in the name of a bank, broker or other nominee, the bank, broker or other nominee will provide instructions on how to vote. Sincerely, DON L. BLANKENSHIP Chairman and Chief Executive Officer https://www.sec.gov/Archives/edgar/data/37748/000119312510085615/ddef14a.htm 9/26/2015 Definitive Proxy Statement Page 4 of 125 MASSEY ENERGY COMPANY NOTICE OF ANNUAL MEETING OF STOCKHOLDERS To Be Held May 18, 2010 The 2010 Annual Meeting of Stockholders of Massey Energy Company will be held at The Jefferson Hotel, 101 West Franklin Street, Richmond, Virginia 23220, on Tuesday, May 18, 2010, at 9:00 a.m. Eastern Daylight Time, for the following purposes: 1. To vote on three Class II directors nominated by Massey’s Governance and Nominating Committee to hold office for three years as set forth in this Proxy Statement, until their respective successors are elected and qualified, or until their earlier resignation or removal. 2. To ratify the appointment of Ernst & Young LLP as our independent registered public accounting firm for the fiscal year ending December 31, 2010. 3. To act on a stockholder proposal regarding a water management report, if properly presented at the Annual Meeting of Stockholders. 4. To act on a stockholder proposal regarding greenhouse gas emissions reduction, if properly presented at the Annual Meeting of Stockholders. 5. To act on a stockholder proposal regarding majority voting, if properly presented at the Annual Meeting of Stockholders. 6. To act on a stockholder proposal regarding declassification of the Board of Directors, if properly presented at the Annual Meeting of Stockholders. 7. To transact such other business as may properly come before the Annual Meeting of Stockholders or any adjournments or postponements thereof. The Board of Directors has fixed March 19, 2010, as the record date for determining the stockholders entitled to receive notice of and to vote at the Annual Meeting. WE CORDIALLY INVITE STOCKHOLDERS TO ATTEND THE ANNUAL MEETING OF STOCKHOLDERS IN PERSON. PLEASE NOTE THAT THIS YEAR, THE RULES THAT GUIDE HOW BROKERS VOTE YOUR SHARES OF COMMON STOCK HAVE CHANGED. BROKERS MAY NO LONGER VOTE YOUR SHARES OF COMMON STOCK ON THE ELECTION OF DIRECTORS IN THE ABSENCE OF YOUR SPECIFIC INSTRUCTIONS AS TO HOW TO VOTE. TO ENSURE YOUR VOTE IS COUNTED, PLEASE CAST YOUR VOTE ELECTRONICALLY THROUGH THE INTERNET OR BY TELEPHONE, OR COMPLETE, DATE AND SIGN THE ACCOMPANYING PROXY CARD AND RETURN IT PROMPTLY IN THE ENCLOSED PRE-PAID ENVELOPE. By Order of the Board of Directors, RICHARD R. GRINNAN Vice President and Corporate Secretary April 16, 2010 Richmond, Virginia https://www.sec.gov/Archives/edgar/data/37748/000119312510085615/ddef14a.htm 9/26/2015 Definitive Proxy Statement Page 5 of 125 MASSEY ENERGY COMPANY PROXY STATEMENT April 16, 2010 This Proxy Statement is furnished in connection with the solicitation by the Board of Directors of Massey Energy Company, 4 North 4th Street, Richmond, Virginia 23219 (Massey), of your proxy for use at the Annual Meeting of Stockholders of Massey’s common stock, $0.625 par value per share (the Common Stock), to be held May 18, 2010, and at any adjournments or postponements thereof (the Annual Meeting). This Proxy Statement and the accompanying proxy card are being mailed to all stockholders on or about April 20, 2010. QUESTIONS AND ANSWERS ABOUT THE ANNUAL MEETING 1. What am I voting on? You will be voting on each of the following items of business: • The election of three Class II directors nominated by Massey’s Governance and Nominating Committee to hold office for three years as set forth in this Proxy Statement, until their respective successors are elected and qualified, or until their earlier resignation or removal; • The ratification of the appointment of Ernst & Young LLP as our independent registered public accounting firm for the fiscal year ending December 31, 2010; • The stockholder proposal regarding a water management report, if properly presented at the Annual Meeting; • The stockholder proposal regarding greenhouse gas emissions reduction, if properly presented at the Annual Meeting; • The stockholder proposal regarding majority voting, if properly presented at the Annual Meeting; and • The stockholder proposal regarding declassification of the Board of Directors, if properly presented at the Annual Meeting. THE BOARD OF DIRECTORS RECOMMENDS THAT STOCKHOLDERS VOTE FOR THE THREE CLASS II DIRECTOR NOMINEES, FOR THE RATIFICATION OF THE APPOINTMENT OF ERNST & YOUNG LLP, AGAINST THE STOCKHOLDER PROPOSAL REGARDING A WATER MANAGEMENT REPORT, AGAINST THE STOCKHOLDER PROPOSAL REGARDING GREENHOUSE GAS EMISSIONS REDUCTION AND AGAINST THE STOCKHOLDER PROPOSAL REGARDING MAJORITY VOTING. THE BOARD OF DIRECTORS REMAINS NEUTRAL AND MAKES NO RECOMMENDATION WHETHER STOCKHOLDERS SHOULD VOTE “FOR” OR “AGAINST” THE STOCKHOLDER PROPOSAL REGARDING DECLASSIFICATION OF THE BOARD OF DIRECTORS. You may also be asked to vote on any other business that may properly come before the Annual Meeting. 2. Who is entitled to vote? All stockholders who owned Common Stock at the close of business on March 19, 2010, the record date fixed by the Board of Directors, are entitled to vote at the Annual Meeting. On the record date, we had outstanding 86,685,366 shares of Common Stock. 3. How many votes must be present to hold the Annual Meeting? The presence of the holders of a majority of the outstanding shares of Common Stock as of the record date entitled to vote at the Annual Meeting, present in person or represented by proxy, is necessary to constitute a quorum for the transaction of business at the Annual Meeting. In determining the presence of a quorum, abstentions are counted as present and entitled to vote and broker non-votes (as defined below) are not counted if they are not otherwise represented at the Annual Meeting. 1 https://www.sec.gov/Archives/edgar/data/37748/000119312510085615/ddef14a.htm 9/26/2015 Definitive Proxy Statement Page 6 of 125 4. How can I cast my votes? Stockholders have one vote for each share on all business of the Annual Meeting, except that, without any conditions precedent, stockholders have cumulative voting rights with respect to the election of the three Class II directors. Cumulative voting rights entitle a stockholder to cast as many votes as is equal to the number of directors to be elected (three in our case) multiplied by the number of shares of Common Stock owned by the stockholder. Each stockholder may distribute his or her votes among all, some, or one of the nominees as such stockholder sees fit. You may not cumulate your votes to withhold from a nominee. If you are a stockholder of record and choose to cumulate your votes with respect to the nominees for Class II director, you will need to submit a proxy card or, if you vote in person at the Annual Meeting, submit a ballot and make an explicit statement of your intent to cumulate your votes, either by so indicating in writing on the proxy card or by indicating in writing on your ballot when voting at the Annual Meeting.
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