In the matter of Petition for Modification
RAG Empire Corporation
Eagle No. 5 Mine
I.D. No. 05-01370 Docket No. M-1999-093-C
PROPOSED DECISION AND ORDER
On September 3, 1999, a petition was filed seeking a modification of the application of 30 CFR 75.507 to Petitioner's Eagle No. 5 Mine located in Moffat County, Colorado. The Petitioner alleges that the alternative/diminution of safety 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, RAG Empire Corporation is granted a modification of the application of 30 CFR 75.507 to its Eagle No. 5 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 RAG Empire Corporation's Petition for Modification of the application of 30 CFR 75.507 in the Eagle No. 5 Mine is hereby:
GRANTED, for 480-volt, three phase, alternating current borehole dewatering pumps installed in the Eagle No. 5 Mine, conditioned upon compliance with the following terms and conditions:
GRANTED, for 480-volt, three phase, alternating current submersible pumps installed in boleholes in the Eagle No. 5 Mine, conditioned upon compliance with the following terms and conditions:
1. The 480-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. 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.
(b) 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.
(c) 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.
(d) Include a fail-safe ground check circuit or other no less effective device approved by the Secretary which shall cause the circuit breaker to open when either the ground or pilot wire is broken.
(e) Contain a low resistance grounding medium for the grounding of the lightning arrestors of the high-voltage power circuits of the pumps that is separated from the mine neutral grounds by a distance of not less than 25 feet.
2. The electric control circuit for the pump shall be designed and installed to:
(a) The pump cannot start in either the manual or automatic mode if the water is below the low water probe level.
(b) When the water level is lower than the low water probe, the pump will cease operation.
(c) When the water level reaches the high water probe, the pump will start operation.
(d) Test the grounded-phase protective circuit by injecting a test current through the grounded-phase current transformer.
(e) All probe circuits shall be protected by MSHA approved intrinsically safe barriers.
3. The low water probe shall be located above the motor and electrical connections of the pump.
4. The inlet of the pump shall be located, by design, above the pump motor and electrical connections.
5. The Surface pump control and power circuits shall be examined weekly as required by 30 CFR 75.512.
6. The power cable to the submersible pump shall have a current carrying capacity no less than 125 percent of the full load motor current of the submersible pump motor and an outer jacket suitable for a "wet location".
7. 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. These proposed revisions shall specify initial and refresher training regarding the alternative method outlined in the petition and the terms and conditions stated in the Proposed Decision and Order.
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.
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health