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- moo- .... Safe Harbor Statement Throughout this news release, we make statements which are not historical facts or information and chat may l~ deemed "forward-looking statements" within themeaning of Section 27A of the Securities ASK of 1933 and Section 2 ] F of the Securities Fzchange Act of 1934. These fotvyard-looking statements include, but are not limited to, the information sat forth in IVlattay*ement's I7isrnssion and Analysii: ofp'iaancial.Cnndition and Results of Ope.atiuns in the Annum kepoit on Form 10-K for the year andnd December3l; 2006 ("our 2006 Farm 10-K"). For exempla, words such as "may," •'will," "should," "estimates," "predicts; • "potential," "continua;°'`strategy;' "believes,,' "anticipates," "plans," "expects ° "• similar expressioue era inteaded to identify forward-luokwg statetnnnts. Such forward-lookutg statements involae~known and unlmown risks, uncertainties and other factors, which may cause the actual results, levels of activity, performance or achievements, or industry results,.to be materially different from any fume results, levels of actirity, performance or achievemenu cxpresaed ur implied by such forward-looking statements. Such factors include, among others, the following; general economic and business conditions; the material weakness in the Company's internal controls over financial reporting identified in We 2006 Form 10-K, the associated ineffectiveness of the Company's disclosure controls; haahh cam cost sends; Upe cost and capacity of the surety bond marker the Company's ability to manage growth and significantly expanded operations; the ability of the Company to implement its growth and development strategy; the Company's ability to pay the preferred stock dividends that are accumulated but unpaid; the Company's ability rn retain lcey senior maaagemenf; ~c Company~s accoss to futaneing; the Company's•ability to maintain compliance with debt covenant requirements or obtain waivers fiwm its lenders in eases ofnon-compliance; the Company's ability to achieve anticipated cost savings and profitability targets; the Company' a ability to sucressfiilly identify new business opportunities; the Company's ability lu negotiate profitable coal conffacts, price reopenars and extensions; the Company's ability to predict or anticipate commodity pricy changes; the Company's ability to maintain satisfactory labor relations; changes in the industry; competition; the Company's ability to utilize its defened income tax assets; the ability lu reinvcgt tasty Including cash that leas bean deposited in reclamation accounts, at an acceptalile'iate of'retum; weather conditions; the availability of transportation; price of alteraativo fuels; costs of coal produced by other countries; the demand for electricity; the performance pf ROVA and the structure of ROVA's cunGiwls with its lenders and Aominion Virginta Fower; the effect of regulatory and legal proceedings; environmental issues, including the cost of compliance with existing and future environmental requirements; dta risk factors set forth below; the Company's ability to raise additional capital, as discussed under Liquidity and Capital Resources and the other factors discussed in Nota 1 tl oYthe 2006 Form 10-K. As a result of the foregoing and other factors, no assurance can be given as to the future results aad achievement of the Company's goals. The Company disclaims any duty to update these statemenu, oven if subsequent events cause its views to change ### ~~ Contact: Diana Jonae (719) 412-2600 I Wpat•nerelzmd News Rzteaso :.r Page 5 of 3 http://wwwsec.gov/Archives/edgaz/data/ 10645 S/000103570407000349/d46217exv99w1.h.. May 2, 2007 5/24/?007 S0 39tid Wf11Cl WIT 6ST09b86SL EE~bL L00Z/bZ/S0