Tennessee Valley Authority Coal Supply & Origination Chattanooga, Tennessee 37402-2801 CONTRACT SUPPLEMENT

Exhibit 10.9

Tennessee Valley Authority

Coal Supply & Origination

0000 Xxxxxx Xxxxxx, XX 0X

Xxxxxxxxxxx, Xxxxxxxxx 00000-0000

CONTRACT SUPPLEMENT

TO:		Xxxxxxxxx Coal Company		Supplement Xx.		0
		0000 Xxxxxxx Xxxxxxxxx - Xxxxx 0000		Date		October 4, 0000
		Xx. Xxxxx, Xxxxxxxx 00000		Group-Contract No.		612-40958
				Plant		Various
				Name of Mine		Various

Attention: Mr. Xxxxxx Xxxxxx

This confirms the October 4, 2012, agreement reached between TVA and Xxxxxxxxx Coal Company (“Xxxxxxxxx”) relative to freeze proofing deliveries under the subject contracts.

As agreed, the freeze proofing products that will be applied to TVA’s shipments will be FreeFlowFC-149 for body feed application and FreeFlowSR-300 for side car release application. Both products are manufactured by AKJ Industries, and will be applied to coal loaded for TVA’s fossil plants as follows:

1. Unless TVA notifies Xxxxxxxxx otherwise, anytime the low temperature at Xxxxxxxxx’x loading facility or TVA’s unloading facility is below 30 degrees Fahrenheit, Xxxxxxxxx will apply approximately 2 pints of FreeFlowFC-149 to each ton of coal being loaded into railcars at Xxxxxxxxx’x facilities. A weather window of five days should be reviewed - at the loading facility and unloading point - to determine the low temperature. For holiday weekends, a weather window of seven days should be reviewed. The freeze conditioning agent may be increased, as the temperature falls below 20 degrees Fahrenheit, to up to 4 pints per ton of coal with the approval of TVA.

2. The cost to TVA for applying FreeFlowFC-149 will be $2.40 per gallon or $0.60 per 2-pint application.

3. The cost to TVA for applying the side car release application, FreeFlowSR-300, upon TVA’s request, will be $2.40 per gallon or $0.30 per 1-pint application.

4. Xxxxxxxxx will invoice separately for the cost of applying FreeFlowFC-149 and FreeFlow SR-300. Each invoice and all correspondence relating to the application of the freeze conditioning substance(s) should clearly reflect the Contract number, Traffic Control Number, and the cost of such treatment. Invoices for freeze conditioning should be sent to the attention of Xxxxxx Xxxxxxx at Tennessee Valley Authority, 0000 Xxxxxx Xxxxxx, XX 0X, Xxxxxxxxxxx, Xxxxxxxxx 00000-0000.

TVA RESTRICTED INFORMATION

Page 1 of 2

Please complete the acceptance below and return the copy of this Contract Supplement to this office. You should retain the original for your file.

Accepted		XXXXXXXXX COAL CO.				TENNESSEE VALLEY AUTHORITY
		Company
By
		Signature				Xxxxxx X. Xxxxxxx
						Asset Management Specialist
President
Title						Xxxxxxxxx X. Xxxx
						Manager, Contract Management
10/15/12						October 12, 2012
Date						Date

TVA RESTRICTED INFORMATION

Page 2 of 2