Petition for Modification
In the matter of
Bowie Resources, Ltd.
Bowie Mine,
I.D. No. 05-04591
Docket No. M-2000-048-C
30 CFR 75.901(a)
PROPOSED DECISION AND ORDER
On April 12, 2000, a petition was filed seeking a modification of the application of 30 CFR 75.901(a) to petitioner's Bowie Mine, located in Delta County, Colorado. 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 75.901(a).
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 recommendations, 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 75.901(a).
On the basis of the petition and the findings of MSHA's investigation, Bowie Resources, Ltd., is granted a modification of the application of 30 CFR 75.901(a) in the Bowie 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 Bowie Resources, Ltd.'s Petition for Modification of the application of 30 CFR 75.901(a) in the Bowie Mine is hereby:
GRANTED, for the 480-volt, three-phase, 460KW diesel powered generator (DPG) set, Serial No. 26630-12/99, supplying power to a 400 KVA three-phase auto-transformer and three-phase 480-, and 995-volt power circuits, conditioned upon compliance with the following terms and conditions:
1. The 468KW, 480-volt, diesel powered generator set shall only be used to move equipment in, out, and around the mine and to perform work in areas outby section loading points where equipment is not required to be maintained permissible. The generator set shall not be used to power a continuous miner engaged in cutting coal or rock, except in an emergency that affects the health and safety of the miners.
2. The sum of all motors operated by the diesel powered generator set at one time shall not exceed 350 horsepower.
3. The neutral of the secondary side of the wye configured 480-volt, and 995-volt 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 circuit of the generator shall be equipped with a sensitive ground fault relay set to cause the circuit breaker that supplies power to the primary of the 480-volt transformer to trip and shut down the diesel engine when a phase-to-frame fault not to exceed 90 milliamperes occurs.
5. The secondary transformer 480-volt, and 995-volt circuits shall each be equipped with a sensitive ground fault relay that will cause their respective circuit breaker(s) to trip and shut down the diesel engine when a phase-to-frame fault not to exceed 90 milliamperes occurs.
6. The 995-volt circuit breaker(s) shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 995-volt portable equipment cables shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the portable cable attached to the circuit breaker. The instantaneous only trip unit for the 995-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart B).
7. The 995-volt circuit breaker for Pump Circuit No. 1 shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 995-volt, No. 10 AWG, 500 feet No. 1 pump cable shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the pump cable attached to the circuit breaker. The instantaneous only trip unit for the 995-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart D). The No. 1 pump cables shall be MSHA accepted flame resistant cables. The 995-volt, three-phase, No. 1 pump motor shall be provided with over-load protection that will deenergize all three phases in the event that any one phase is overloaded and the overloads must meet the requirements of the National Electrical Code.
8. The 995-volt circuit breaker for Pump Circuit No. 2 shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 995-volt, No. 10 AWG, 450 feet No. 2 pump cable shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the pump cable attached to the circuit breaker. The instantaneous only trip unit for the 995-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart D). The No. 2 pump cables shall be MSHA accepted flame resistant cables. The 995-volt, three-phase, No. 2 pump motor shall be provided with over-load protection that will deenergize all three phases in the event that any one phase is overloaded and the overloads must meet the requirements of the National Electrical Code.
9. The 995-volt circuit breaker for Pump Circuit No. 3 shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 995-volt, No. 8 AWG, 500 feet No. 3 pump cable shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the pump cable attached to the circuit breaker. The instantaneous only trip unit for the 995-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart D). A properly rated 995-volt circuit breaker shall be provided for the 50 feet of No. 10 AWG cable that extends from the Starter/ Controller to the No. 3 pump. The instantaneous only trip unit for the 995-volt circuit breaker shall be adjusted to trip not to exceed 150 amperes. The No. 3 pump cables shall be MSHA accepted flame resistant cables. The 995-volt, three-phase, No. 3 pump motor shall be provided with over-load protection that will deenergize all three phases in the event that any one phase is overloaded and the overloads must meet the requirements of the National Electrical Code.
10. The 480-volt circuit breaker(s) shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 480-volt portable equipment cables shall be provided by a properly rated circuit breaker, that is equipped with an instantaneous only trip unit. The instantaneous only trip unit for the 480-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart A).
11. The 480-volt circuit breaker for Pump Circuit No. 1 shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 480-volt, No. 10 AWG, 500 feet No. 1 pump cable shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the pump cable attached to the circuit breaker. The instantaneous only trip unit for the 480-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart C). The No. 1 pump cables shall be MSHA accepted flame resistant cables. The 480-volt, three-phase, No. 1 pump motor shall be provided with over-load protection that will deenergize all three phases in the event that any one phase is overloaded and the overloads must meet the requirements of the National Electrical Code.
12. The 480-volt circuit breaker for Pump Circuit No. 2 shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 480-volt, No. 10 AWG, 450 feet No. 2 pump cable shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the pump cable attached to the circuit breaker. The instantaneous only trip unit for the 480-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart C). The No. 2 pump cables shall be MSHA accepted flame resistant cables. The 480-volt, three-phase, No. 2 pump motor shall be provided with over-load protection that will deenergize all three phases in the event that any one phase is overloaded and the overloads must meet the requirements of the National Electrical Code.
13. The 480-volt circuit breaker for Pump Circuit No. 3 shall be provided with a means to provide short-circuit, overcurrent, grounded-phase, undervoltage and ground monitoring protection. The protection for the 480-volt, No. 8 AWG, 500 feet No. 3 pump cable shall be provided by a properly rated circuit breaker that is equipped with an instantaneous only trip unit that provides the specified protection for the pump cable attached to the circuit breaker. The instantaneous only trip unit for the 480-volt circuit breaker shall be adjusted to trip not to exceed the instantaneous setting values specified in the attached circuit breaker setting chart (Chart C). A properly rated 480-volt circuit breaker shall be provided for the 50 feet of No. 10 AWG cable that extends from the Starter/ Controller to the No. 3 pump. The instantaneous only trip unit for the 480-volt circuit breaker shall be adjusted to trip not to exceed 150 amperes. The No. 3 pump cables shall be MSHA accepted flame resistant cables. The 480-volt, three-phase, No. 3 pump motor shall be provided with over-load protection that will deenergize all three phases in the event that any one phase is overloaded and the overloads must meet the requirements of the National Electrical Code.
14. Pumps installed in areas where permissible equipment is required must be installed to meet all 30 CFR Part 75 requirements.
15. When the generator set is used to move permissible equipment or perform work in areas outby the section loading point where equipment is not required to be maintained permissible the equipment portable cable length(s) shall not exceed the length(s) specified in 30 CFR Part 18, Table 9 and the portable equipment cables shall be MSHA accepted as flame resistant.
16. 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 label(s) shall be maintained legible.
17. The 995-volt portable cable(s) that extend from the generator to mobile equipment shall be type SHD-GC with 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 mobile equipment shall a minimum of 2,000-volt rating and shall have an outer jacket that has been accepted by MSHA as flame-resistant.
18. A strain relief shall be provided on each end of equipment cable(s) and pump cable(s) that extend between the generator and the piece of mobile equipment or pump being powered.
19. Prior to moving each piece of equipment, powering a water pump installation or performing work in areas outby the section loading point where the equipment is not required to be maintained permissible, and upon start-up of the diesel generator, a functional test of each ground-fault and ground-wire monitor system shall be performed by a qualified electrician who meets the requirements of 30 CFR 75.153.
20. The diesel generator system shall not be operated without an external ground strap until after MSHA has inspected the equipment and determined that it is in compliance with all the above terms and conditions and all applicable requirements of 30 CFR, Part 75.
21. The diesel generator system shall not be used to move more than one piece of mobile equipment at a time.
22. Prior to using the diesel generator system, training shall be conducted for all qualified persons on the proper examination and test procedures to be utilized. The training shall be "hands on" specific. Any newly employed qualified person or present worker at the mine who becomes a qualified person shall be given this "hands on" use training prior to them examining or testing the generator set.
23. Within 60 days after this Proposed Decision and Order become final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan, at any of the listed mines, to the Coal Mine Safety and Health District Manager. These proposed revisions shall specify the following:
a) The "hands on" specific training specified in Condition No. 22;
b) Initial training regarding the terms and conditions stated in the Proposed Decision and Order; and
c) Training in the hazards of setting short circuit interrupting device(s) too high to adequately protect the 480-volt, and 995-volt portable cables and pump circuits.
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, 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 desire 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