Petition - Docket No. M-2018-027-C

DEC 06 2019

In the matter of:                                   Petition for Modification
Spartan Mining Company, LLC
Road Fork # 52 Mine
I.D. No.: 46-09522                              Docket No. M-2018-027-C

PROPOSED ORDER OF DISMISSAL

On December 6, 2018, Spartan Mining Company, LLC filed a petition for modification (PPM) of the applications of§ 75.503(18.35(a)(5)(i) to permit an alternative method of compliance to increase the length of trailing cables for  the feeder and  continuous  miner at the Road Fork# 52 Mine located in Wyoming County, West Virginia.

Upon review of the petition for modification, the alternative method proposed by the petitioner will not guarantee the same measure of protection as provided by the standard. We have concerns whether or not the circuit breaker will trip when a short circuit occurs at the end of the cable. The petitioner did not address the setting of the circuit breakers that will be protecting the subject cables. There was no supporting documentation regarding available fault current when the subject cables are connected to the specific power centers that will be used to tram the continuous miner and feeder.

The petitioner included an engineering study showing the voltage drop would not exceed the maximum value recommended by the National Electrical Code. The study deals mainly with efficiency, not safety. The study was based on the assumption that all of the motors would be operating at less than full load capacity (continuous miner tram motor at 50%, continuous miner pump motor at 82%, and feeder pump motor at 82%). The petitioner did not provide any factual information to support the assumption mentioned above. The petitioner states that the machines are trammed over long distances and possible up a 17 degree slope. Also, the K factor used in the formula for calculating voltage drop is only recommend for cable sizes up to and including #1/0.

Therefore, the petitioner's proposed alternate method is not as safe as the standard.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health under 30 CPR 44.52(b), and pursuant to section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 811(c), the petition for modification as it applies to the referenced mine is hereby:

DISMISSED

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, at 201 12th Street South, Arlington, Virginia 22202-5452.

If a hearing is requested, the request shall contain a concise summary of the position on the 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 Proposed Order of Dismissal will become final.

 

                /s/                      

Stephen J. Gigliotti
Chief, Division of Safety Coal Mine Safety and Health

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   6th    day of December    , 2019, to:

Mr. Christopher D. Pence
Hardy Pence PLLC
#10 Hale Street, 4th Floor
Charleston, WV 25301
cpence@hardypence.com

             /s/               

Michele Gussie
Secretary

cc:        Eugene White, Director, Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311
Eugene.E.White@wv.gov