In the matter of Petition for Modification
Bowie Resources Limited
Bowie No. 3 Mine
I.D. No. 05-04758 Docket No. M-2003-072-C
PROPOSED DECISION AND ORDER
On September23, 2003, a petition was filed seekinga modification of the application of 30 CFR 75.901(a) to Petitioner's Bowie No. 3 Mine, locatedin Delta County,Colorado. The Petitioner allegesthat the alternative method proposed in thepetition will at all timesguarantee no less than the same measure of protection afforded by the standard.
MSHA personnelconducted an investigation of the petitionand filed a report of their findings and recommendations with the Administrator for Coal Mine Safetyand 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 measureof protection affordedthe miners under 30 CFR 75.901(a).
Onthe basis of the petitionand the findingsof MSHA's investigation, Bowie Resources Limited,is granted a modification of the application of 30 CFR 75.901(a)in the Bowie No. 3 Mine.
ORDER
Wherefore, pursuantto 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 Safetyand Health Act of 1977, 30 U.S.C., sec. 811(c), it is orderedthat Bowie Resources Limited’sPetition for Modification of the application of 30 CFR 75.901(a) in the Bowie No. 3 Mine is hereby:
GRANTED, for the Intermountain Electric Inc., 480-volt, Serial No. 26630-12/99, 460KWdiesel powered generator (DPG) set, supplyingpower to a 400 KVA autotransformer to develop 995-voltpower circuits, conditioned upon compliance with the following terms and conditions:
1. The 460KW, 480-volt, diesel powered generator set with an approved diesel drive engineshall only be used to move equipment in, out, and aroundthe mine and to perform work in areas outby section loadingpoints where equipment is not requiredto be maintained permissible. The generator set shall not be used to power a continuous miner engaged in cuttingcoal or rock.
2. The sum of all motorsoperated by the diesel powered generator set at one time shall not exceed350 horse power.
3. The neutral of the wye configured secondaryof the 480 volt to 995-voltstep-up transformer shall have in series between it and the frame of the generator unit, a 995 voltrated resistor that will limit phase-to-frame fault current to 0.5 amperecontinuously.
4. The 480-volt output circuit of the generatorshall be equipped with a sensitiveground fault relay set to cause the circuit breaker that suppliespower to the primary of the 480-volt transformer to trip and shut down the diesel engine when a phase-to-frame fault of 90 milliamperes or lessoccurs.
5. The secondary transformer 480-volt and 995-voltcircuits shall each be equipped with a sensitiveground fault relay that will cause their respective circuit breaker(s) to trip and shut down the diesel enginewhen a phase-to- frame fault of 90 milliamperes or less occurs.
6. The 995-volt circuitbreaker(s) shall be provided with a means to provide short-circuit, overcurrent, grounded phase, undervoltage and ground monitoring protection. The protection for the 995-voltportable equipment cables shall be provided by a properlyrated circuit breaker that is equipped with the instantaneous only trip unit that provides the specifiedprotection for the portable cables attached to the circuitbreaker. Each 995-volt, three phase circuit shallbe provided with overload protection that will de-energize all three phasesin the event that any one phase is overloaded and the overloads must meet the requirements of the NationalElectrical Code. The instantaneous only trip unit for the 995-volt circuit breaker shall be adjustedto trip at 70 percent of the maximum allowableshort-circuit current available at the point wherethe portable cable enters the equipment or the maximumallowable instantaneous settings in 30 CFR 75.601-1, whichever is less or shall be adjusted to not exceed the instantaneous settingvalues specified in the attached breaker/cable length setting chart(s) (ChartsB and D).
7. The 480-volt circuitbreaker(s) shall be provided with a means to provide short-circuit, overcurrent, grounded phase, undervoltage and ground monitoring protection. The protection for the 480-voltportable equipment cables shall be provided by a properlyrated circuit breaker that is equipped with the instantaneous only trip unit that provides the specifiedprotection for the portable cables attached to the circuitbreaker. Each 480-volt, three phase circuit shallbe provided with overload protection that will de-energize all three phasesin the event that any one phase is overloaded and the overloads must meet the requirements of the NationalElectrical Code. The instantaneous only trip unit for the 480-volt circuit breaker shall be adjustedto trip at 70 percent of the maximum allowableshort-circuit current available at the point wherethe portable cable enters the equipment or the maximumallowable instantaneous settings in 30 CFR 75.601-1, whichever is less or shall be adjusted to not exceed the instantaneous settingvalues specified in the breaker/cable lengthsetting chart(s) (Charts A and C).
8. When the generator set is used,to move equipment or perform work in areas outby the sectionloading point where equipment is not requiredto be maintained permissible, the equipment portablecable length(s shall not exceed the length(s) specified in 30 CFR Part 18, Table 9.
9. Permanent label(s) showingthe maximum circuitbreaker setting(s) and maximumportable cable length(s)shall be installed on each circuitbreaker. The permanent label(s) shall be maintained legible.
10. The 995-volt portablecable(s) that extendfrom the generator to mobile equipmentshall 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 supplypower to 480 voltequipment shall have a minimumof 2,000-volt rating and shall have an outer jacketthat has been accepted by MSHAas flame-resistant.
11. A strain relief device shall be providedon each end of the cable(s)that extend betweenthe generator and each piece of mobile equipment or pump being powered.
12. Prior to moving each piece of equipment, powering a water pump or performing work in areas outby the section loading point where the equipment is not requiredto be maintained permissible, and upon start-upof the diesel generator, a functional test of each ground fault and ground wire monitor system shall be performedby a qualified electrician who meets the requirements of 30 CFR 75.153.
13. The diesel generatorsystem shall not be operateduntil after MSHA has inspected the equipment and determined that it is in compliance with all the above terms and conditions.
14. Power circuits from the generator set to the equipment being moved shall be limitedto the use of only one circuit breaker at a time when a piece of equipment is beingmoved in, out or aroundthe mine.
15. The diesel generatorsystem, when in use, shall comply with all other applicable requirements of the Federal Mine Safety and HealthAct of 1977 and the applicable requirements of 30 CFR, Part 75.
16. Prior to usingthe diesel generator system, training shall be conducted for all qualifiedpersons 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.
17. Within 60 days after this Proposed Decisionand Order becomes final,the Petitioner shall submit proposed revisions for its approved30 CFR Part 48 trainingplan, at any of the listedmines, to the Coal Mine Safety and Health District Manager. These proposedrevisions shall specify the following:
a. The “hands on” specific trainingspecified in Condition No. 17;
b. Initial training regarding the terms and conditions stated in the Proposed Decisionand Order; and
c. Training in the hazards of setting short circuit interrupting device(s) too high to adequately protect the 480-volt and 995-voltportable cables.
d. The approval procedures as specified in 30 CFR 48.3 for proposed revisions to alreadyapproved training plans shall apply.
Any partyto this actiondesiring a hearingon this mattermust file in accordance with 30 CFR 44.14, as amended, (Federal Register 53430, December 28, 1990) within30 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 raisedby the party requesting the hearing, includingspecific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also commentupon all issues of fact or law presentedin the petition, and any partyto this action requesting a hearing may indicate a desired hearing site. If no request for a hearingis filed within 30 days after service thereof, the Decision and Order will become final and must be postedby the operator on the mine bulletin board at the mine.
John F. Langton
Deputy Administrator
for Coal Mine Safety and Health