November 4, 2004
Inthe matter of: Petition for Modification
Eastern Associated Coal Corporation
Federal No. 2 Mine
I.D. No. 46-01456 Docket No. M-2004-031-C
PROPOSEDDECISION AND ORDER
On June 21, 2004, a petition was filed seeking a modification of the application of 30 CFR 75.364(b)(7) to Petitioner's Federal No. 2 Mine,located in Monongalia County, West Virginia. The applicable section of the regulation is 30 CFR 75.507, because item 4 of the special terms and conditions in Petition No. M-86-35-C, granted November 17, 1986 and made final December 20, 1986 states “Air passing through the tunnel shall not be used to ventilate non-permissible electric equipment or components.” The Petitioner alleges that application of this standard will at alltimes guarantee no less than the same measure of protection afforded by the standard without unnecessarily exposing persons to hazardous conditions.
MSHA personnel conducted an investigation of the petition and filed a reportof their findingsand recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition andMSHA's investigative report and recommendation, this ProposedDecision and Orderis 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.
MSHA is requiring, for this 30 CFR 75.507petition only, that the surfacepump installations and control and power circuit(s) be examined under the 30 CFR 77.502requirements because the circuit(s) that enter into the underground areas of the mine cannot be examined in their entirety to satisfy the requirements of 30 CFR 75.512 or the 30 CFR 75.364(b)(7) weekly examination requirement.
On the basis of the petition and the findings of MSHA's investigation, Eastern Associated Coal Corporation is granted a modification of the application of 30 CFR 75.507 to its Federal No. 2 Mine.
ORDER
Wherefore, pursuant to theauthority 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 orderedthat Eastern Associated Coal Corporation’s Petition for Modification of the application of 30 CFR 75.507in the Federal No. 2 Mine is hereby:
GRANTED, for the use of a480-volt, three-phase, alternating current submersible pump installed in the ShriverShaft, conditioned upon compliance with the following terms and conditions:
1. The three-phase, alternating current electric power circuit for the pump shall be designedand installed to:
(a) Contain either a direct or a derived neutral, which must be grounded througha suitable resistorat the source transformer or power center, and a grounding circuit originating at the grounded side of the grounding resistor; this grounding mechanism shall extend along with the powerconductors and serveas the grounding conductor for the frame of the pump. No other electricequipment shall be supplied power from this circuit.
(b) Contain a grounding resistorthat 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.
2. The following protections for the 480-volt pump circuit shall be provided by a suitable circuit interrupting device of adequate interrupting capacity, with devices to provide protection against undervoltage, grounded phase, short-circuit, and overload:
(a) The undervoltage protection device shall operate on a loss of voltageto prevent automatic re-starting of the equipment.
(b) The grounded phase protection device shall be set not to exceed 50 percent of the current rating of the neutral grounding resistor.
(c) The short-circuit protection device shall be setnot to exceed the requiredshort-circuit protection for the power cable or 75 percentof the minimum available phase-to-phase short-circuit current, whichever is less.
(d) The circuit shall include a disconnecting device locatedon the surface and installed in conjunction with the circuitbreaker to providevisual evidence that the power is disconnected.
(e) The disconnecting device shall include a means to determine visually that thepump power circuit is disconnected and provided with a means tolock and tag-out the system.
3. The pump power system shall includea fail-safe ground checkcircuit or other,no less effective, device approved by the Secretary that shall cause the circuit breaker to open when either the ground or pilot wire is broken. A manually operated test switchshall be providedto verify the operation of the groundcheck device.
4. It shallbe possible to test thegrounded-phase protective circuit by injecting a test current through the grounded-phase current transformer.
5. The surfacepump control and power circuits must be examined as required by 30 CFR 77.502.
6. The powercable to thesubmersible pump motor must be suitable for this application and have a current carryingcapacity not less than 125 percent of the full load motor current of the submersible pump motor.
7. The grounding circuit shall be provided with an insulation monitor so that the insulation of the conductors from the pump starter to the pump motor can be determined when the pump is not energized. A record of the monitorshall be recordedin a book kept at the surfacepump location.
8. Within 60days after this Petitionfor Modification is granted, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plan to the Coal MineSafety and Health DistrictManager. These proposed revisions shall specifyinitial and refresher training regarding the alternative method outlined in the petition and the termsand 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.
Anyparty to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, 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.
Ifa hearing is requested, therequest shall contain aconcise summary of position on the issues of fact or law desiredto be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requesteda hearing shall also commentupon all issuesof fact or law presented in the petition, and any party to this actionrequesting a hearingmay 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
Deputy Administrator
for Coal Mine Safety and Health