In the matter of Petition for Modification
Eastern Associated Coal Corporation
Harris No. 1 Mine
I.D. No. 46-01271
Lightfoot No. 2 Mine
I.D. No. 46-04955 Docket No.M-97-078-C
Date Issued: 03/01/1997
PROPOSED DECISION AND ORDER
On June 19, 1997, a petition was filed seeking a modification of the application of 30 CFR 75.507 to Petitioner's Harris No. 1 Mine and its Lightfoot No. 2 Mine located in Boone County, West Virginia. 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, comments 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 investigators) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.507.
On the basis of the petition and the findings of MSHA's investigation, Eastern Associated Coal Corporation is granted a modification of the application of 30 CFR 75.507 to its Harris No. 1 Mine and its Lightfoot No. 2 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 Eastern Associated Coal Corporation’s Petition for Modification of the application of 30 CFR 75.507 in the Harris No. 1 Mine and Lightfoot No. 2 Mine is hereby:
GRANTED, for 2,300-volt, three-phase, alternating current submersible pumps installed in boreholes in the Harris No. 1 Mine and the Lightfoot No. 2 Mine, conditioned upon compliance with the following terms and conditions:
1. The 2,300-volt, three-phase, alternating-current electric power circuit for the pump shall be designed and installed to:
(a) Contain either a direct or derived neutral which shall be grounded through a suitable resistor at the source transformer or power center, and a grounding circuit originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as the grounding conductor for the frame of the pump and all the associated electric equipment that may be supplied power from this circuit. No other electric equipment shall be supplied power from this circuit.
(b) Contain a grounding resistor which limits the ground-fault current to not more than 15 amperes. The grounding resistor shall be rated for the maximum fault current available and shall be insulated from ground for a voltage equal to the phase-to-phase voltage of the system.
(c) Be provided with protection by a suitable circuit breaker of adequate interrupting capacity with devices to provide protection against undervoltage, grounded phase, short-circuit, and overload.
(d) Contain a disconnecting device located on the surface and installed in conjunction with the circuit breaker to provide visual evidence that the power is disconnected. The visual disconnect shall be equipped with an inter-lock circuit to prevent entrance into the compartment unless the switch is in the open position. A warning sign shall be posted and maintained on the visual disconnect compartment indicating that the control power remains energized.
(e) Include a fail-safe ground check circuit or other no less effective device approved by the Secretary as required by 30 CFR 75.803, which shall cause the circuit breaker to open when either the ground or pilot wire is broken.
2. The electric control circuit for the pump shall be designed and installed to:
(a) Maintain the electric connections of the pump and pump motor under 3 feet of water at all times by the use of a metered pressure relay and air pump.
(b) Automatically deenergize the pump motor when the water level falls below 3 feet at the pump location.
(c) Prevent the restarting of the pump motor at any time the water level is below 3 feet at the pump location.
(d) Test the grounded-phase protective circuit by injecting a test current through the grounded-phase current transformer.
(e) Automatically start the pump motor when the water level increases to a point that would interfere with mine ventilation.
3. The pump installation shall be equipped with a water level indicator located at the pump electric controls such that a miner can determine the water level at the pump location prior to restarting the pump motor.
4. The pump controller shall be equipped with a current-sensing relay set to deenergize the pump motor on a decrease in current flow when the water level is three feet above the intakes to the pump.
5. The examination of electric equipment as required by 30 CFR 77.502 shall be conducted weekly and shall include a functional test of the grounded-phase protective device(s) to determine proper operation. The testing, examination and maintenance of high-voltage circuit breakers shall be done in accordance with the requirements of 30 CFR 75.800-3 and 75.800-4. A record of these functional tests shall be recorded in the approved examination of electric equipment record books.
6. Within 60 days after this Petition for Modification is granted, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager for the area in which the pump and pump electric controls are located. These proposed revisions shall specify task training for all qualified mine electricians who will perform electric work and weekly and monthly electric examinations as required by 30 CFR 77.502, 75.800-3 and 75.800-4. This training shall include the following elements:
(a) Training in the hazards that would exist when the water level falls below the electric connections of the pump and pump motor in the borehole;
(b) Training in safe restart procedures which shall include the miner determining that the water level is 3 feet above the electric components and pump motor prior to attempting to manually restart the pump motor.
The procedures of 30 CFR 48.3 for approval of proposed revisions to already approved training plans shall apply.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days, a request 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 desired 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