EX-3.3 4 y07746exv3w3.txt CERTIFICATE OF FORMATION Exhibit 3.3 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 09:00 AM 08/22/2002 020533435-3561701 STATE OF DELAWARE LIMITED LIABILITY COMPANY CERTIFICATE OF FORMATION OF ALPHA COAL SALES CO., LLC FIRST: The name of the limited liability company is: ALPHA COAL SALES CO., LLC SECOND: The address of its registered office in the State of Delaware is: 2711 Centerville Road, Suite 400 Wilmington, Delaware 19808 The name of its Registered Agent at such address is: Corporation Service Company THIRD: The name and address of the authorized person is: Peggy Doeden Bartlit Beck Herman Palenchar & Scott 1899 Wynkoop Street, Suite 800 Denver, Colorado 80202 The undersigned has executed this Certificate of Formation of Alpha Coal Sales Co., LLC on this 22nd day of August 2002. /s/ Peggy Doeden Peggy Doeden Authorized Person