In the matter of PETITION FOR MODIFICATION
Jackson Valley Energy Partners L.P.
Jackson Valley Open Pit Mine
I.D. No. 04-05157 DOCKET No. M-98-106-C
PROPOSED DECISION AND ORDER
On March 30, 1999, a petition was filed seeking a modification of the application of 30 CFR 77.502 to Petitioner's Jackson Valley Open Pit Mine, located in Amador County, California. The Petitioner requested that an electrician, who has not been qualified by MSHA, be allowed to conduct monthly examinations of electric equipment. The Petitioner stated that the electrician was highly qualified. The area requested included the shops and office in which welding and normal maintenance is conducted. The shops and office includes normal 120-volt outlets and 480-volt circuits for welders and a compressor. All of the circuits originated in the cogeneration plant and are provided with a complete grounding system and a ground-fault system that protects the circuits from any ground-fault conditions.
The Petitioner alleges that the alternative method outlined in the petition would 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. Arrangements were made to have an electrical specialist administer the electrical qualification examination on-site to an employee of the mine on January 26, 1999. MSHA personnel has stated that the employee taking the examination achieved passing scores on the examination.
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
MSHA investigators found that the alternative method proposed by the Petitioner would not at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 77.502.
An employee of the company took the electrical qualification examination on January 26, 1999, and achieved passing scores on the examination. Therefore, this modification of the application of 30 CFR 77.502 to Petitioner's Jackson Valley Open Pit Mine is not needed.
On the basis of the petition and the findings of MSHA's investigation, Jackson Valley Energy Partners L.P., is not granted a modification of the application of 30 CFR 77.502 to its Jackson Valley Open Pit 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 Jackson Valley Energy Partners L.P.'s Petition for Modification of the application of 30 CFR 77.502 in the Jackson Valley Open Pit Mine is hereby:
DENIED.
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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health