In the matter of Petition for Modification
Remington Coal Company, Inc.
Stockburg No. 1 Mine
I.D. No. 46-08634 Docket No. M-98-001-C
Date Issued: 05/10/1998
DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT
TO April 10, 1998, PROPOSED DECISION AND ORDER
By Petition for Modification filed on January 5, 1998, Petitioner requested modification of the application of 30 CFR 75.1002. On April 10, 1998, MSHA issued a Proposed Decision and Order granting Remington Coal Company, Inc.'s petition to modify 30 CFR 75.1002 at its Stockburg No. 1 Mine.
On April 10, 1998, MSHA received, pursuant to 30 CFR 44.16(k) a request for an Application for Relief to Give Effect to the modification of 30 CFR 75.1002 which had been issued as a Proposed Decision and Order on April 10, 1998. In its application for relief, Petitioner represented that exceptional circumstances exist, that an unnecessary disruption and significant economic loss would occur and to the best of its knowledge and belief, no party is expected to contest the granting of the modification.
Further, Petitioner represented that the use of the high voltage equipment is essential to provide adequate electrical power for safe operation of the high voltage continuous miner scheduled to begin work no sooner than seven days following the date a decision to grant relief to give effect is issued or the April 10, 1998, Proposed Decision and Order becomes final. Delaying the effective date of the Proposed Decision and Order for the normal 30 day period, Petitioner asserts, would require laying off employees or delaying the start of new employees for about 21 days, until the high voltage continuous miner could begin production. The high voltage continuous miner and electrical equipment is at the mine site and ready for operation. The miner cannot be operated at less than the designed 2400 volts and alternative equipment is not available for use in the interim. This is a new mine, without organized union representation for employees, but at which two miners’ representative have been designated.
Based on consideration of the foregoing, it is determined that delaying the effective date of the April 10, 1998, Proposed Decision and Order would unnecessarily disrupt mining and cause dislocation of the workforce. Therefore, Petitioner's application for relief to give effect to the April 10, 1998, Proposed Decision and Order is hereby GRANTED.
This decision will take effect on the seventh day following the date of issuance of this decision.
Should any party file a request for a hearing under 30 CFR 44.14 on the April 10, 1998, Proposed Decision and Order prior to the seventh day following the granting this relief, the relief will not become effective.
Should any party file a request for a hearing after relief becomes effective, the relief will expire immediately.
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health