In the matter of Petition for Modification
Consolidation Coal Company
Loveridge No.22 Mine
I.D. No. 46-01433 Docket No. M-98-089-C
PROPOSED DECISION AND ORDER
On September 29, 1998 a petition was filed seeking a modification of the application of 30 CFR 75.503 to Petitioner's Loveridge No.22 Mine, located in Marion 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 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 Consolidation Coal Company (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 75.503.
On the basis of the petition and the findings of MSHA's investigation, Consolidation Coal Company is granted a modification of the application of 30 CFR 75.503 to its Loveridge No.22 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 Consolidation Coal Company's Petition for Modification of the application of 30 CFR 75.503 in the Loveridge No.22 Mine is hereby:
GRANTED, For the extended length, 995 and 600 volt, three-phase alternating current trailing cables, used to develop the three entry longwall panels and the seven entry main and submain sections at the Loveridge No.22 Mine, conditioned upon compliance with the following terms and conditions:
- The maximum length of the 995-volt, three phase, alternating current trailing cables supplying continuous mining machines shall not exceed 1,000 feet in length and the trailing cable shall have a 900 C insulation rating. The maximum length of the 600-volt, three phase, alternating current trailing cables supplying section ventilation fans, loading machines, roof bolting machines, and shuttle cars shall not exceed 1,000 feet in length and the trailing cable shall have a 900 insulation rating.
- The trailing cable shall not be smaller than No.2/0 AWG for the continuous mining machine.
- The trailing cables shall not be smaller than No.2 AWG for the loading machine and for the 75 horsepower and 100 horsepower ventilation fans.
- The trailing cables shall not be smaller than No.4 AWG for the section 50 horsepower ventilation fans, roof bolting machines, and shuttle cars. Note: If a ventilation fan is obtained that is equipped with an unusual horsepower rating (such as 60 hp), then the trailing cable that is connected to the machine and part of the approval shall be used. All other stipulations of this Proposed Decision and Order will apply.
- All circuit breakers used to protect No.2/0 AWG cables that exceed 850 feet in length shall have instantaneous trip units calibrated to trip at 1,500 amperes. The trip setting of these circuit breakers shall be sealed and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being a specially calibrated circuit breaker and as being suitable for protecting No.2/0 AWG cables. This label shall be maintained legible.
- Replacement circuit breakers and/or instantaneous trip units, used to protect No.2/0 AWG trailing cables, shall be calibrated to trip at 1,500 amperes and this setting shall be sealed.
- All circuit breakers used to protect No.2 AWG trailing cables that exceed 700 feet in length shall have instantaneous trip units calibrated to trip at 800 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The labels shall identify the circuit breaker as being a specially calibrated circuit beaker and as being suitable for protecting No.2 AWG cables. The label shall be maintained legible.
- Replacement circuit breakers and/or instantaneous trip units, used to protect No.2 AWG cables, shall be calibrated to trip at 800 amperes and this setting shall be sealed.
- All circuit breakers used to protect No.4 AWG trailing cables that exceed 600 feet in length shall have instantaneous trip units calibrated to trip at 500 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being a specially calibrated circuit breaker and as being suitable for protecting No.4 AWG cables. This label shall be maintained legible.
- Replacement circuit breakers and/or instantaneous trip units, used to protect N0.4 AWG cables, shall be calibrated to trip at 500 amperes, and this setting shall be sealed.
- During each production day, persons designated by the operator shall visually examine the trailing cables to ensure that the cables are in safe operating condition and that the instantaneous settings of the specially calibrated breakers do not have seals removed and that they do not exceed the settings stipulated in Items No.5,7, and 9.
- Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.
- Each splice or repair in the trailing cables shall be made in a workmanlike manner and in accordance with the instructions of the manufacturer of the splice or repair kit. The outer jacket of each splice or repair shall be vulcanized with flame resistant material or made with material that has been accepted by MSHA as flame resistant.
- In the event that mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable shall be removed from service immediately, repaired or replaced, and additional precautions shall be taken to ensure that, in the future, the cable is protected and maintained in safe operating condition.
- Permanent warning labels shall be installed and maintained on the cover(s) of each circuit breaker and the trailing cable disconnecting device(s) indicating that the trailing cable can only be connected to a properly adjusted and sealed circuit breaker. These labels shall warn miners not to change or alter the sealed short-circuit settings and warn them not to connect the trailing cable to an improperly adjusted circuit breaker.
- The Petitioner's alternative method shall not be implemented until all miners who have been designated to examine the integrity of seals, verify the short-circuit settings, and examine trailing cables for defects and damage have received the elements of training specified in Item 17.
- Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approve 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager in which the mine is located. These proposed revisions shall specify task training for miners designated to verify that the short-circuit settings of the circuit interrupting device(s) that protect the affected trailing cables do not exceed the specified setting in Item Nos. 5,7,and 9. The training shall include the following elements:
a. The hazards of setting the short-circuit interrupting device(s) too high to adequately protect the trailing cables;
b. How to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained;
c. Mining methods and operating procedures that will protect the trailing cable(s) against damage; and
d. Proper procedures for examining the affected trailing cable(s) to ensure that the cables are in safe operating condition.
The approval procedures as specified in 30 CFR 48.3 for 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. 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 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