Petition for Modification
In the matter of
Roberts Brothers Coal Company, Inc.
Cardinal #2 Mine
I.D. No. 15-17216
Docket No. M-2000-045-C
30 CFR 75.701
PROPOSED DECISION AND ORDER
On April 3, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.701 to Petitioner's Cardinal #2 Mine, located in Hopkins County, Kentucky. 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 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 Petitioner (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 75.701.
On the basis of the petition and the findings of MSHA's investigation, Roberts Brothers Coal Company, Inc. is granted a modification of the application of 30 CFR 75.701 to its Cardinal #2 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 Roberts Brothers Coal Company's Petition for Modification of the application of 30 CFR 75.701 in the Cardinal #2 Mine is hereby:
GRANTED, for the diesel powered 200KW, 480 volt, generator set with an approved diesel drive engine used to move equipment in, around, and out of the Cardinal #2 Mine, and perform rehabilitation work in outby areas conditioned upon compliance with the following terms and conditions:
1. The neutral of the wye configured alternator shall have in series between it and the frame of the generator unit, a 480-volt rated resistor that will limit phase-to-frame fault current to 0.5 ampere.
2. The sum of all motors operated from the diesel powered generator system shall not exceed woo horsepower at any one time.
3. The neutral of the secondary side of the wye configured 480/950-volt step-up transformer shall have in series between it and the frame of the generator unit, a 995-volt rated resistor that will limit phase-to-frame fault current to 0.5 ampere continuously.
4. The 480-volt output of the alternator shall be equipped with a sensitive ground fault relay set to cause the respective circuit breaker(s) to trip and shut down the diesel engine when a phase-to-frame fault of 90 milliamperes or higher occurs.
5. The 995-volt circuits shall also be equipped with a sensitive ground fault relay that will cause the respective circuit breaker(s) to trip and shut down the diesel engine when a phase-to-frame fault of 90 milliamperes or higher occurs.
6. The 480-volt circuit breaker shall be provided with a means to provide short-circuit, overcurrent, undervoltage and ground monitoring protection. The protection for the 480-volt portable equipment cables shall be provided by a 225 or 400 maximum ampere rating circuit breaker that is equipped with an instantaneous only trip unit (setting for the instantaneous only trip unit shall be limited to between 500 and 1000 amperes). The instantaneous only trip unit for the 480-volt circuit breaker shall be adjusted to trip at 70 percent of the maximum allowable short-circuit current available at the point where the portable cable enters the equipment or the maximum allowable instantaneous settings specified in 30 CFR 75.601-1, whichever is less. The cables used shall be a No. 4 or larger.
7. The 995-volt circuit breaker shall be provided with a means to provide short-circuit, overcurrent, undervoltage and ground monitoring protection. The protection for the 480-volt portable equipment cables shall be provided by a 225, 400 or 600 maximum ampere rating circuit breaker that is equipped with an instantaneous only trip unit (setting for the instantaneous only trip unit shall be limited to between 500 and 1000 amperes). The instantaneous only trip unit for the 995-volt circuit breaker shall be adjusted to trip at 70 percent of the maximum allowable short-circuit current available at the point where the portable cable enters the equipment or the maximum allowable instantaneous settings specified in 30 CFR 75.601-1, whichever is less. The cables used shall be a No. 2/0 or larger.
8. When the generator set is used to move equipment or perform work in areas outby the section loading point where equipment is not required to be permissible, the equipment portable cable lengths shall not exceed the lengths specified in 30 CFR Part 18, Table 9.
9. Permanent label(s) showing the maximum circuit breaker setting(s) and maximum portable cable length(s) shall be installed on each instantaneous trip unit or be maintained near each 480-volt and 995-volt circuit breaker. The permanent labels shall be maintained legible.
10. When the generator set is used to move equipment or perform work in areas outby the section loading point where equipment is not required to be maintained permissible, a No. 1/0 A.W.G. or larger external ground conductor shall be solidly connected between the frame(s) of the diesel generator and mining equipment being powered, and between the portable cable coupler and the frame of equipment where the cable coupler connects to the coupler of the equipment.
11. The 995-volt portable cable(s) that extend from the generator to equipment shall be type SHD-GC, shall have a minimum of 2,000-volt rating, and shall have an outer jacket that has been accepted by MSHA as flame-resistant. All other portable cables used to supply power to 480-volt equipment shall have a minimum of 2,000-volt rating and shall have an outer jacket that has been accepted by MSHA as flame-resistant.
12. A strain relief device shall be provided on each end of the cable(s) that extends between the generator and the piece of equipment being powered.
13. Prior to moving each piece of equipment, or performing work in outby areas and upon start-up of the diesel generator, a functional test of the ground fault and ground-wire monitor systems shall be performed by a qualified electrician who meets the requirements of 30 CFR 75.153.
14. The diesel generator system shall not be operated until after MSHA has inspected the equipment and determined that it is in compliance with all the above terms and conditions and the applicable requirements of 30 CFR, Part 75.
15. Prior to using the diesel generator system, training shall be conducted for all qualified persons on the proper testing procedures to be utilized. The training shall be "hands on" specific.
16. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify:
a. The "hands on" specific training specified in Condition No. 15,
b. Initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order, and
c. Training in the hazards of setting circuit-interrupting device(s) too high to adequately protect the 480- and 995-volt portable cables.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (Federal Register 53430, December 28, 1990) 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