Petition for Modification
In the matter of
Energy West Mining Company
Deer Creek Mine
I.D. No. 42-00121
Docket No. M-2002-117-C
30 CFR 75.901(a)
PROPOSED DECISION AND ORDER
On December 4, 2002, a petition was filed seeking a modification of the application of 30 CFR 75.901(a) to Petitioner's Deer Creek Mine, located in Emery County, Utah. The Petitioner alleges that the alternative method proposed 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, 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 75.901(a).
On the basis of the petition and the findings of MSHA's investigation, Energy West Mining Company is granted a modification of the application of 30 CFR 75.901(a) in the Deer Creek 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 Energy West Mining Company's Petition for Modification of the application of 30 CFR 75.901(a) in the Deer Creek Mine is hereby:
GRANTED, for the use of the 200KW/250 KVA, 480-volt, diesel powered generator (DPG) set to supply power to three-phase 480-volt and 995-volt power circuits to move mobile equipment around the mine and to provide temporary power to mobile equipment and pumps in outby locations, conditioned upon compliance with the following terms and conditions:
1. The 200 kW/250 KVA, 480-volt, DPG set shall be powered by a diesel drive engine that meets the requirements of 30 CFR Pat 7, Subpart E. The generator shall only be used to move equipment in and out of the mine, move equipment from section to section within the mine, and to perform temporary non-production functions such as roof bolting and pumping applications and to maintain the mine. When used to supply mobile equipment, the generator shall only power one piece of equipment. However, in certain conditions, the generator may power multiple pumps.
2. The neutral of the wye configured 480 volt generator 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. The resistor shall be insulated from ground by insulators rated for phase to-phase voltage of the system (995 V).
3. The 480-volt and the 995-volt circuits shall be equipped with a sensitive ground fault relay sets to cause their respective circuit breaker to trip at no more than 100 milliamperes when phase-to-ground fault occurs.
4. The 480/995-volt circuit breakers shall be provided with a means to provide short-circuit, over-current, grounded-phase, undervoltage and ground monitoring protection. The instantaneous trip unit for the 480/995 volt circuit breakers shall be adjusted to trip at or below, 75 percent of the minimum available short circuit current or the maximum allowable instantaneous trailing cable settings specified in 30 CFR 75.601 1, whichever is less.
5. Permanent label(s) or chart showing the maximum circuit breaker setting(s) and maximum portable cable length(s) shall be posted and maintained near the circuit breaker location. The permanent label(s) or chart shall be maintained legible.
6. The generator shall be mounted and bonded to the frame of the mobile assembly. The generator will either supply equipment that is on board the mobile assembly, or power equipment through cord-plug connections. The cord-plug connections must be provided, at each receptacle, with a grounding conductor bonded to the generator/ mobile assembly frame.
7. All 995-volt and 480-volt trailing cables extending from the generator to the equipment shall be type SHD-GC with a minimum rating of 2,000-volts or the cable specified as part of the approved equipment.
8. An insulated strain relief shall be provided on each end of the cable that extend between the generator and the mobile equipment being powered.
9. All cables to portable or mobile equipment shall have outer jackets that have been accepted by MSHA as flame resistant.
10. At least once each shift prior to using the generator, a functional test of each ground fault and ground wire monitor system shall be performed by a qualified person who meets the requirements of 30 CFR 75.153. The ground-fault circuit must be tested without subjecting the circuit to an actual grounded phase condition. The ground check test must cause the circuit breaker to open when the ground or pilot wire opens. A record of each test shall be maintained and made available to authorized representatives of the Secretary and other interested parties.
11. The 480-volt output circuit of the generator that supplies power to the autotransformer shall be equipped with a backup sensitive ground-fault relay that will cause the circuit-breaker to trip and shut down the diesel drive engine when a phase to frame fault occurs. The ground-fault protection shall be set at no more than 100 milliamp. A time delay may be permitted for coordination with the ground-fault protection of the autotransformer output circuits. The time delay shall not exceed 0.25 seconds.
12. The diesel generator system shall not be operated until after MSHA has initially inspected the equipment and determined that it is in compliance with all the above terms and conditions.
13. 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, and shall be incorporated into the Part 48 training plan.
14. 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, 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 Item No. 13;
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 short-circuit interrupting device(s) too high to adequately protect the 480 volt, and 995 volt portable cables.
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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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.
_________________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health