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In the matter of                                                                
Ohio County Coal Co., Inc.
Freedom Mine
I.D. No. 15-17587
Petition for Modification


Docket No. M-96-002-C


Date Issued: 12/13/1996

PROPOSED DECISION AND ORDER

On December 29, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.901(a) to Petitioner's Freedom Mine, located in Hopkins County, Kentucky. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded the standard.

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.

Finding of Fact and Conclusion of Law

The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.901(a).

On the basis of the petition and the findings of MSHA's investigation, Ohio County Coal Company, Inc. is granted a modification of the application of 30 CFR 75.901(a) to its Freedom Mine.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c), of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Ohio County Coal Company's Petition for Modification of the application of 30 CFR 75.901(a) in the Freedom Mine is hereby:

GRANTED, for the diesel powered generator located in the Freedom Mine, conditioned upon compliance with the following terms and conditions:

  1. The neutral of the wye configured alternator shall have in series between it and the frame of the generator unit, a 480volt rated resistor that will limit phasetoframe fault current to 0.5 ampere continuously.

  2. The neutral of the secondary side of the wye configured 480/995volt stepup transformer shall have in series between it and the frame of the generator unit, a 995volt rated resistor that will limit phase-to-frame fault current to 0.5 ampere continuously.

  3. The 480volt output of the generator shall be equipped with a sensitive ground fault relay set to cause the respective circuit breaker(s) to trip and shut down the diesel engine when a phasetoframe fault of 120 milliamperes occurs.

  4. The 995volt circuits shall also be equipped with a sensitive ground fault relay that will cause the respective circuit breaker(s) to trip and shut down the diesel engine when a phasetoframe fault of 120 milliamperes occurs.

  5. When the equipment is in use, a No. 1/0 A.W.G. or larger external ground conductor shall be solidly connected between the frame(s) of the diesel generator and mining equipment being powered, and between the trailing cable coupler and the frame of the equipment where the cable coupler connects to the coupler of the equipment.

  6. The power cable from the generator to equipment shall be type SHDGC, shall have a minimum of 2,000-volt rating, and shall have an outer jacket that has been accepted by MSHA as flameresistant.

  7. Strain relief shall be provided on each end of the shielded cable that extends between the generator and the piece of equipment being powered.

  8. Prior to moving each piece of equipment, and upon startup of the diesel generator, a functional test of the ground fault and ground wire monitor systems shall be performed.

  9. The diesel generator system shall not be operated until after MSHA has inspected the equipment and determined that it is in compliance with all the above terms and conditions and the applicable requirements of 30 CFR, Part 75.

  10. All circuit breaker setting shall be adjusted to provide short-circuit protection and shall not exceed the maximum allowable instantaneous setting specified in 30 CFR 75.6011.

  11. Prior to using the diesel generator system, training shall be conducted for all qualified persons on the proper testing procedures to be utilized. The training shall be "hands on" specific, and shall be incorporated into the Part 48 training plans and in the annual refresher training.

  12. Within 60 days after this Proposed Decision and Order become final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (Federal Register 53-430, December 28, 1990) within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.

If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desire to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.



_________________________________
Robert A. Elam
Deputy Administrator
  for Coal Mine Safety and Health