Petition - Docket No. M-2017-042-C

JAN 21 2020
In the matter of                                                   Petition for Modification
Cumberland Contura, LLC
Cumberland Mine
I.D. No. 36-05018                                               Docket No. M-2017-042-C

PROPOSED DECISION AND ORDER
On December 4, 2017 a petition was filed seeking a modification of the application of 30 CFR § 75.503 to Petitioner's Cumberland Mine located in Greene County, Pennsylvania. The petitioner requested the modification to allow the use of trailing cables exceeding the length specified in 30 CFR § 18.35(a)(5)(i). 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.

30 CFR § 75.503 provides in part: The operator of each coal mine shall maintain in permissible condition all electric face equipment required by §§75.500, 75.501, and 75.504 to be permissible which is taken into or used inby the last open crosscut of any such mine.

30 CFR § 18.35(a)(5)(i) provides in part: (5) Ordinarily the length of a portable (trailing) cable shall not exceed 500 feet. Where the method of mining requires the length of a portable (trailing) cable to be more than 500 feet, such length of cable shall be permitted only under the following prescribed conditions:

(i) The lengths of portable (trailing) cables shall not exceed those specified in Table 9, Appendix 1, titled "Specifications for Portable Cables Longer than 500 Feet."
MSHA personnel conducted an investigation for the petition and filed a report of their findings with the Administrator for Coal Mine Safety and Health on February 16, 2018. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.

Findings of Fact and Conclusions of Law

MSHA's investigation found that the mine is opened into the Pittsburgh No.8 coal seam through one slope and five shafts. The mine operates four continuous mining machine units and one longwall unit, employing a total of 567 persons underground. The mine has a clean coal production of approximately 6.8 million tons per year. The miners are represented by the United Mine Workers of America.

The alternative method proposed by the petitioner lists various terms, conditions, and safety precautions related to the use of extended length trailing cables supplying power to the continuous mining machines, roof bolting machines, section ventilating fans, and shuttle cars. On January 16, 2001, MSHA issued a Proposed Decision and Order (PDO) for Docket M-2000-015-C granting a modification of the application of 30 C.F.R. § 75.503 to the Cumberland Mine allowing the use of #2, 2/ 0, 4 and 4/ 0 AWG trailing cables.
The PDO became final on February 15, 2001. On January 18, 2018 during MSHA's investigation, it was determined this petition Docket M-2017-042-C to be an amendment to existing petition Docket No. M-2000-015-C. The petitioner is requesting to include additional AWG sized trailing cables as an alternative method. Therefore this proposed decision and order will incorporate the terms and conditions from the previously granted PDO, M-2000-015-C dated January 16, 2001 with this requested petition. Once this PDO becomes final, it will supersede petition Docket No. M-2000-015-C that was granted January 16, 2001.

The petitioner submitted a short circuit analysis based on the anticipated mining conditions in the near future using the cable sizes, lengths, and circuit breaker settings proposed in the alternate method. The analysis used circuit parameters and values based on a worse-case scenario for limiting fault current. The results of the analysis indicate that the proposed circuit breaker settings will adequately protect the subject trailing cables, provided that the tolerances of the trip units are maintained.
The alternative method proposed by the petitioner (and as amended herein by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under § 75.503.

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, § 811(c), it is ordered that Cumberland Contura LLC's Petition for Modification of the application of § 75.503 in the Cumberland Mine is hereby:

GRANTED conditioned upon compliance with the following terms and conditions:

1. This Proposed Decision and Order shall apply only to trailing cables that supply 995-volt, three phase, alternating current to continuous mining machine(s) and trailing cables that supply 575-volt, three phase alternating current to loading machines, roof bolting machines, shuttle cars, and section ventilation fans. The trailing cables shall have a 90 degree insulation rating.

2. Extended length trailing cable used on shuttle cars shall be three (3) conductor round cable either Type G-GC, Type G, or Type G+GC. When a Type G-GC or Type G+GC round cable is used with wireless ground wire monitoring, the ground check conductor shall be connected as a ground conductor.

3. The maximum length of the continuous miner(s), loader(s), shuttle car(s), roof bolter(s), and ventilation fan(s) trailing cables shall not exceed 1,000 feet.

4. The trailing cable for the 995-volt continuous miner(s) shall not be smaller than a #2/ 0 AWG.

5. The trailing cables for the 575-volt loading machine(s) shall not be smaller than#2AWG.

6. The trailing cables for the 575-volt roof bolter(s), shuttle car(s), and ventilation fan(s) shall not be smaller than #4 AWG.

7. All circuit breakers used to protect #4 AWG trailing cables exceeding 600 feet in length shall have instantaneous trip units calibrated to trip at 500 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #4 AWG cables. This label shall be maintained legible.

8. Replacement circuit breakers and/ or instantaneous trip units, used to protect #4 AWG trailing cables, shall be calibrated to trip at 500 amperes and this setting shall be sealed.

9. All circuit breakers used to protect #3 AWG trailing cables exceeding 650 feet in length shall have instantaneous trip units calibrated to trip at 600amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #3 AWG cables. The label shall be maintained legible.

10. Replacement circuit breakers and/ or instantaneous trip units, used to protect #3 AWG trailing cables, shall be calibrated to trip at 600 amperes and this setting shall be sealed.

11. All circuit breakers used to protect #1 AWG trailing cables exceeding 750 feet in length shall have instantaneous trip units calibrated to trip at1000 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #1 AWG cables. The label shall be maintained legible.

12. Replacement circuit breakers and/ or instantaneous trip units, used to protect #1 AWG trailing cables, shall be calibrated to trip at 1000 amperes and this setting shall be sealed.

13. All circuit breakers used to protect #1/0 AWG trailing cables exceeding 800 feet in length shall have instantaneous trip units calibrated to trip at 1250 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #1/0 AWG cables. The label shall be maintained legible.

14. Replacement circuit breakers and/ or instantaneous trip units, used to protect #1/0 AWG trailing cables, shall be calibrated to trip at 1250 amperes and this setting shall be sealed.

15. All circuit breakers used to protect #3/0 AWG trailing cables exceeding 900 feet in length shall have instantaneous trip units calibrated to trip at 2000 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #3/ 0 AWG cables. The label shall be maintained legible.
16. Replacement circuit breakers and/ or instantaneous trip units, used to protect #3/ 0 AWG trailing cables, shall be calibrated to trip at 2000 amperes and this setting shall be sealed.

17. All circuit breakers used to protect #2 AWG trailing cables exceeding 700 feet in length shall have instantaneous trip units calibrated to trip at 800 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #2 AWG cables. The label shall be maintained legible.

18. Replacement circuit breakers and/ or instantaneous trip units, used to protect #2 AWG trailing cables, shall be calibrated to trip at 800 amperes and this setting shall be sealed.
19. All circuit breakers used to protect #2/0 AWG trailing cables exceeding 850 feet in length shall have instantaneous trip units calibrated to trip at 1,500 amperes. The trip setting of these circuit breakers shall be sealed, and these circuit breakers shall have permanent, legible labels. The label shall identify the circuit breaker as being suitable for protecting #2/ 0 AWG cables. The label shall be maintained legible.

20. Replacement circuit breakers and/ or instantaneous trip units, used to protect #2/ 0 AWG trailing cables, shall be calibrated to trip at 1,500 amperes and this setting shall be sealed.

21. The trip units of all circuit breakers used to protect extended length trailing cables affected by this petition shall have a maximum trip tolerance of +/-10%.

22. All components that provide short circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available.

23. During each production day, persons designated by the operator shall visually examine the trailing cables to ensure that the cables are in safe operating condition and that the instantaneous settings of the specially calibrated breakers do not have seals removed or tampered with and that they do not exceed the settings specified in Items 7 through 20.
24. Any trailing cable that is not in a safe operating condition shall be removed from service immediately and repaired or replaced.

25. Each splice or repair in the trailing cables to the continuous miner(s), loader(s), shuttle car(s), roof bolter(s), and ventilation fan(s) shall be made in a workmanlike manner and in accordance with the instructions of the manufacturer of the splice or repair materials. The splice or repair shall comply with 30 CFR Parts 75.603 and 75.604 requirements. The outer jacket of each splice or repair shall be vulcanized with flame resistant material or made with material that has been accepted by MSHA as flame resistant.

26. Permanent warning labels shall be installed and maintained on the cover(s) of the power center identifying the location of each sealed short circuit protective device. These labels shall warn miners not to change or alter these sealed short circuit settings.

27. In the event the mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable shall be removed from service immediately and repaired or replaced. Also, additional precautions shall be taken to ensure that haulage roads and trailing cable storage areas are situated to minimize contact of the trailing cable with continuous miner(s), loading machine(s), shuttle cars, roof bolters and ventilation fans. Moreover, trailing cable anchors, on cable reel equipment, shall be of the permanent type that minimize the tensile forces on the trailing cables.

28. Where the method of mining would require that trailing cables cross roadways or haulage-ways, the cables shall be securely supported from the mine roof or a substantial bridge for equipment to pass over the cables shall be provided and used.

29. Excessive cable shall be stored behind the anchor(s) on equipment that use cable reels to prevent cable overheating.

30. The Petitioner's alternative method shall not be implemented until all miners who have been designated to examine the integrity of seals, verify the short circuit settings, and examine trailing cables for defects have received the elements of training specified in Item 31.

31. 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 for the area in which the mine is located. These proposed revisions shall specify task training for miners designated to examine the trailing cables for safe operating condition and verify that the short circuit settings of the circuit interrupting device(s) that protect the affected trailing cables do not exceed the settings specified in this petition. The training shall include the following elements:

(a) Training in the hazards of setting the short circuit interrupting device(s) too high to adequately protect the trailing cables;
(b) Training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained;
(c) Training in mining methods and operating procedures that will protect the trailing cables against damage;
(d) Training to protect the trailing cables against damage caused by overheating cables due to excessive cable stored on cable reel(s) and adjusting stored cable behind the cable anchor(s) as tramming distances change; and
(e) Training in proper procedures for examining the trailing cable to ensure that the cables are in safe operating condition by a visual inspection of the entire cable, observing the insulation, the integrity of splices, nicks and abrasions.
The procedures, as specified in 30 CFR § 48.3, for approval of 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, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202-5452.
If a hearing is requested, the request shall contain a concise summary of position on th. e 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 may 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.

/s/
David L. Weaver,
Deputy Administrator for
Mine Safety and Health Enforcement

Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 21st day of
January , 2020, to:

Mr. R. Henry Moore
Fisher & Phillips LLP
Six PPG Place
Suite 830
Pittsburgh, PA 15222
hmoore@fisherphillips.com

Tom D Mills
Miner's Representative
585 Woodside Old Frame Road
Smithfield, PA 15478

Jeff Everett Operations Manager
576 Maple Run Road
Waynesburg, PA 15370
MSHACorrespondence@conturaenergy.com

/s/
Michele Gussie Secretary

cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety, PA Dept. of Environmental Protection, P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672 rwagner@pa.gov