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In the matter of                                                                
Martin County Coal Corporation
Pegasus Mine
I.D. No. 15-17330

1-C Mine
I.D. No. 15-03752

White Cabin Number One Mine
I.D. No. 15-17531

White Cabin Number Two Mine
I.D. No. 15-17787

Pilgrim Mine Number Three
I.D. No. 15-17359

Voyager Mine Number Two
I.D. No. 15-17639
Petition for Modification

















Docket No. M-96-047-C


Date Issued: 04/24/1997

PROPOSED DECISION AND ORDER

On May 8, 1996, a petition was filed seeking a modification of the application of 30 CFR 75.901(a) to Petitioner's Voyager Mine Number Two, located near Inez, in Martin County, Kentucky. A subsequent letter dated August 26, 1996, was received from the Petitioner requesting that Docket Number M-96-47-C be modified to include the above mines, and that the following petitions be withdrawn:

Docket Number Standard Number
M-96-48-C 30 CFR 75.901
M-96-49-C 30 CFR 75.901
M-96-50-C 30 CFR 75.901
M-96-51-C 30 CFR 75.901

The above petitions were individually dismissed by letters to the Petitioner. 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 by 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, modification and MSHA's investigative report and comments, 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, Martin County Coal Corporation is granted a modification of the application of 30 CFR 75.901(a) to the above list of mines.

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 Martin County Coal Corporation’s Petition for Modification of the application of 30 CFR 75.901(a) in the above list of mines is hereby:

GRANTED, for the 480-volt, three-phase, 150 KW diesel powered generator set, 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 480-volt rated resistor that will limit phase-to-frame fault current to 0.5 ampere continuously.

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

3. All 480-volt and 600-volt outputs of the generator shall be equipped with a sensitive ground fault relay set to trip 90 milliamperes or less when a phase-to-frame fault occurs. This trip shall open the circuit breaker and shut down the diesel engine.

4. The 995-volt circuit shall also be equipped with a sensitive ground fault relay set to trip at 90 milliamperes or less when a phase-to-frame fault occurs. This trip shall open the circuit breaker and shut down the diesel engine.

5. All 995-volt circuit breaker settings shall be adjusted to provide short-circuit protection and the instantaneous for the 995-volt circuit(s) shall be adjusted to trip at 700 amperes or less.

6. 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.

7. The power cable(s) from the generator to equipment shall be type SHD-GC, shall have a minimum of 2,000-volt rating, and shall have an outer jacket that has been accepted by MSHA as flame-resistant.

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

9. Prior to moving each piece of equipment, and upon start-up of the diesel generator, a functional test of the ground fault and ground wire monitor systems shall be performed by a qualified electrician.

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

11. All 480-volt and 600-volt circuit breaker settings shall be adjusted to provide short-circuit protection and shall not exceed the maximum allowable instantaneous setting(s) for the conductor sizes specified in 30 CFR 75.601-1.

12. Prior to using the diesel generator system, at any of the listed mines, 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 plans for each of the listed mines.

13. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan, for each of the listed mines, 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 53430, 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