In the matter of Petition for Modification
The Ohio Valley Coal Company
Powhatan No. 6 Mine
I.D. No. 33-01157 Docket No. M-99-014-C
DECISION GRANTING APPLICATION FOR RELIEF TO GIVE EFFECT
TO May 7, 1999, PROPOSED DECISION AND ORDER
By Petition for Modification filed on March 4, 1999, Petitioner requested modification of the application of 30 CFR 75.804(a). On May 7, 1999, MSHA issued a Proposed Decision and Order granting The Ohio Valley Coal Company's petition to modify 30 CFR 75.804(A) at its McElroy Mine.
On May 7, 1999, MSHA received, pursuant to 30 CFR 44.16(k) an Application for relief to give effect to the May 7, 1999, Proposed Decision and Order filed jointly by the Petitioner and the miners' representative. In the application for relief, they represented that exceptional circumstances exist, that an unnecessary disruption of mining and significant economic loss would occur if relief were not granted and, to the best of their knowledge and belief, no party would contest the granting of the modification.
Further, the parties represented that the use of the high voltage equipment is essential to provide adequate electrical power for safe operation of the high voltage longwall face equipment scheduled to begin production on May 14, 1999. The high voltage longwall equipment is at the mine site and ready for operation. Delaying the effective date of the Proposed Decision and Order for the normal 30 day period, they asserted, would result in the loss of operating income and could result in the termination of coal sales agreements and laying off of employees for about 21 days, until the high voltage longwall equipment could be used.
Based on consideration of the foregoing, it is determined that delaying the effective date of the May 7, 1999, 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 May 7, 1999, 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 May 7, 1999, 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