9102011 Informal Interpretation

(redacted)

February 28, 1991

Richard B. Smith, Eq.
Preserver Notification Office
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Avenue, NW, Room 303
Washington, D.C. 20580

Re:Pre-Merger Notification Under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the Act)

Dear Mr Smith:

This refers to my letter to you of February 25, and our conversation today concerning a proposed transaction in which my client (identified as Company A in my prior letter) proposes to purchase and lease back to the seller rights with respect to certain coal reserves.

This will confirm my oral advice that neither Company A, its parent company not any subsidiary of either Company A or its parent company not any subsidiary of either Company A or its parent company is engaged in the business of mining company or operating coal production facilities. Hence, neither Company Ac, its parent company not any subsidiary of either competes with Company B (the seller) in the business of producing and mining coal.

If you should have any other questions concerning this matter, please do not hesitate to call me at 804-629-2818.

Very truly yours,

cc: (redacted)