From: Gillenwater, Jeff Sent: Friday, April 09, 2010 4:37PM To: Troy Andes Subject: STATEMENT FROM MASSEY ENERGY REGARDING MINE SAFETY

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FOIA CONFIDENTIAL PCC-DOJ-03483816 FOR IMMEDIATE RELEASE Media Hotline: 1-877-534-5180

STATEMENT FROM MASSEY ENERGY REGARDING MINE SAFETY

JULIAN, VW, April 9, 2010- Massey Energy Company (NYSE:MEE) today reinforced its total commitment to safety and provided additional context to the safety history of its mining operations.

Massey Energy offered the following comments:

• The safety of our members has been and will continue to be our top priority every day. As we have always done in the past, we will conduct extensive reviews of the Upper Big Branch (UBB) accident and work in every way possible to ensure that a similar incident doesn't happen again.

• We do not condone any violation of Mine Safety and Health Administration (MSHA) regulations, and we strive to be in compliance with all regulations at all times.

• Since January 2009, UBB has had less than one violation per day of inspection by MSHA, a rate consistent with national averages. Most of the citations issued by MSHA to UBB in the last year were resolved on the same day they were issued.

• Since the passage of the Miner Act in 2006, we have worked hard to implement its requirements, including the usage of tracking devices and shelters.

• Massey continues to invest in the development of safety innovations that exceed industry and regulatory standards. Our lost-time incident rate has been better than the industry average for 17 of the past 19 years and has been improving significantly. These improvements have been achieved through concerted effort and significant investment.

Massey continues to devote its attention and resources to the ongoing rescue efforts and the families while working closely with Federal and State agencies.

Massey Energy Company, headquartered in Richmond, , with operations in , Kentucky and Virginia, is the largest coal producer in Central Appalachia and is included in the S&P 500 Index.

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FOIA CONFIDENTIAL PCC-DOJ-03483817 FOR IMMEDIATE RELEASE Media Hotline: 1-877-534-5180

STATEMENT FROM MASSEY ENERGY REGARDING MINE SAFETY

JULIAN, WV, April 9, 2010- Massey Energy Company (NYSE:MEE) today reinforced its total commitment to safety and provided additional context to the safety history of its mining operations.

Massey Energy offered the following comments:

• The safety of our members has been and will continue to be our top priority every day. As we have always done in the past, we will conduct extensive reviews of the Upper Big Branch (UBB) accident and work in every way possible to ensure that a similar incident doesn't happen again.

• We do not condone any violation of Mine Safety and Health Administration (MSHA) regulations, and we strive to be in compliance with all regulations at all times.

• Since January 2009, UBB has had less than one violation per day of inspection by MSHA, a rate consistent with national averages. Most of the citations issued by MSHA to UBB in the last year were resolved on the same day they were issued.

• Since the passage of the Miner Act in 2006, we have worked hard to implement its requirements, including the usage of tracking devices and shelters.

• Massey continues to invest in the development of safety innovations that exceed industry and regulatory standards. Our lost-time incident rate has been better than the industry average for 17 of the past 19 years and has been improving significantly. These improvements have been achieved through concerted effort and significant investment.

Massey continues to devote its attention and resources to the ongoing rescue efforts and the families while working closely with Federal and State agencies.

Massey Energy Company, headquartered in Richmond, Virginia, with operations in West Virginia, Kentucky and Virginia, is the largest coal producer in Central Appalachia and is included in the S&P 500 Index.

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FOIA CONFIDENTIAL PCC-DOJ-03483818