Petition Docket No. M-2020-017-C

12/10/21 

In the matter of                               Petition for Modification
LCT Energy LP Rustic
Ridge #1 Mine
I.D. No. 36-10089                           Docket No. M-2020-017-C

PROPOSED DECISION AND ORDER

On March 22, 2018 a petition was filed seeking a modification of the application of 30 CFR

§75.503 to Petitioner’s Rustic Ridge #1 Mine located in Westmoreland 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:

1. 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:
2. 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.”

On November 12, 2020, MSHA personnel initiated an investigation into the merits of the petition. An investigation report was written and the findings of the report was filed with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition and MSHA’s investigative report, and responses from requests for additional information the Administrator issues this Proposed Decision and Order.

Findings of Fact and Conclusions of Law

MSHA’s investigation finds that the Rustic Ridge #1 Mine is opened into the Lower Kittanning coal seam through three slope openings. The mine employs 86 persons at the mine, 82 work underground and four work on the surface. The mine works one maintenance shift per day and mines coal on two production shifts per day working nine hours per shift, six days per week. The mine currently has two working sections, one section producing coal, utilizing continuous mining machines with continuous haulage system and the second section, utilizing continuous mining machines with shuttle cars that produce a daily average of 2,230 tons of raw coal. The mine transports coal from the working sections to the surface by conveyor belts. The mine is repairing a second haulage system on the surface area to be put in service to replace the shuttle cars currently being used.

The Rustic Ridge#1 Mine is a non-union operation with no designation of miners' representative. However, the petition was discussed with a representative number of miners employed at this mine.

LCT Energy LP’s petition for modification at Rustic Ridge #1 Mine lists various terms, conditions, and safety precautions related to the use of extended length trailing cables supplying power roof bolting machines.  LCT Energy LP explains extended trailing cables at Rustic Ridge #1 Mine:

Will allow the mine to extract coal to the 600-foot room without having to move the section power.

Will be safer, reduce muscle strains, shoulder and back injuries. However included in the petitioners original request the petitioner states to their knowledge there have not been any accidents related to trailing cables at their mine.

Will help to ease the workload on our miners due to them being a small mining company. Will reduce the handling of all cables

Will be a safer and more efficient method of mining for our mines.

Reduces the trip setting for circuit breakers to 649 Amps will be safer than the 800 Amps allowed in Table 8 and Table 9 of Part 18.

The reduced breaker setting will reduce the potential for the breakers to overheat and to limit the heat in the cables.

The daily inspections, required labeling for the circuit breakers, the training prior to implementing and subsequent training will deliver equal safety relative to 30 CFR§75.503 as required.

Will have sufficient interruption rating in accordance with the maximum calculated fault currents available.

All circuit breakers (in-service and replacement) used to protect the trailing cables will have instantaneous trip units calibrated to trip at 649 Amps. A letter from the breaker provider, Global Mine Service details the process to set the trip amps and verifying the breaker settings. The trip setting will be sealed, and method to seal will not interfere with performance of circuit breakers trip setting as set by the vendor. The trip unit adjustment screw’s will be either ground off or melted down depending on the style of breaker so that no adjustment in the trip range can be made.

Safety of miners will be enhanced due to the frequency of examination on the breakers and trailing cable to ensure safety operating condition.

The petitioner accompanied their petition with the following:

A map of proposed extended trailing cables 600 ft. projected rooms, A letter dated September 17, 2020 from Global Mine Service Inc.,

Tiger Brand Mining Cable Manufactured by AmerCable Incorporated Specification Sheet,

Eaton Molded Case Circuit Breakers Specialty Breakers Specification Sheet, and Submitted a short circuit analysis electrical one line diagram that indicated that the minimum and maximum available current, upstream breaker setting, ampacity (all in amperes) and NFPA 70 E Arc Flash Boundary in inches.

MSHA requested additional information. The petitioner did not provide the necessary contents required and MSHA had follow up questions to clarify items in the investigative report.

According to 30 CFR §44.11 (a) a petition for modification filed pursuant to 30 CFR §44.10 shall contain the follow contents included in (1-6).

30 CFR §44.11 (a)(5) provides in part:

(5) A detailed statement of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted.

A request for additional information was sent out on June 14, 2021. A follow up on this request was sent out June 28, 2021. A response to our request was received on August 3, 2021.

The petitioner fails to provide a detailed statement of facts to establish the grounds that this modification is warranted. The petitioner has not met the minimum requirements of the contents required for several reasons.

The petitioner request longer trailing cables for roof bolters such that section power centers would not be necessary to be advanced into the proposed room as prescribed by the mine operator. MSHA has reviewed many petitions for this mandatory standard. Many request have established the grounds warranting such modification. For example petitioners request extended trailing cable lengths for mine specific conditions like the time necessary to mine around; uncharted oil or gas wells, bodies of water, geological anomalies or changes in the geological conditions. Request have been warranted in these cases and other cases where the mine operator establishes more robust roof control schemes developing larger pillar sizes and increasing pillar stability which in turn decrease the number of cross-cuts previously available per linear feet.

These mine specific conditions when shown by petitioners establish the grounds upon which it is claimed a modification is warranted. In this case, the petitioner requested to extend trailing cable length for an unspecified number and type of roof bolting machines to mine 600 feet panels without having to advance their section power center into these rooms as designed and proposed by the mine operator. However this request falls short of providing facts warranting the proposed extension of trailing cable lengths. The petitioner includes the mine operator’s mining methods proposed room lengths, room widths however this information alone does not warrant the modification request.

The petitioner does not provide specific facts for MSHA approved roof bolting machines within this request including the electrical load characteristics. The mine operator is requesting to modify any MSHA approved roof bolting machine at Rustic Ridge #1 Mine. MSHA reached out to the petitioner requesting additional facts however no factual information was provided to support the grounds for this petition. The petitioner has not met the minimum requirements of the contents required. The petitioner has not provided accurate facts related to the mine power distribution system or the roof bolting machines. The petitioner’s response to MSHA request to verify the accuracy of their analysis was this was verified by an MSHA investigator. According to the regulation this information is the necessary contents of the petition that is required to be filed with the Director, Office of Standards, Regulations, and Variances.

30 CFR §18 (eCFR :: 30 CFR Part 18 -- Electric Motor-Driven Mine Equipment and Accessories) sets forth requirements to obtain MSHA approval of electrically operated machines and accessories intended for use in a gassy mine or tunnels, certification of components intended for use on or with approved machines, permissions to modify the design of an approved machine or certified components. This section also establishes procedures for applying for such approval, certification, and acceptance for listing. According to 30 CFR §18.81 field modification of approved (permissible) equipment; application for approval of modification; approval of plans for modification before modification provides described measures for owners of approved (permissible) who desires to make modifications in such equipment shall apply in writing to make such modifications. Upon receipt of the application for modification and after such examination and investigation as may be deemed necessary by MSHA, MSHA will notify the owner and the district office of the mine workers’ organization having jurisdiction at the mine where such equipment is to be operated stating the modifications which are proposed to be made and MSHA’s action thereon.

The petitioner claims this alternate method is safer however the petitioner does not provide detailed statement of the facts as required in 30 CFR §18.81. The petitioner provides their request but their request falls short to meet the minimum content requirements of a petition. This alternate method essentially proposed a field modification as described by 30 CFR §18.81 however this is no indication that a field modification is complete. The petitioner provides a short circuit analysis however the details of the power distribution is not accurate. The current configuration of the mine power system at the time the petition was submitted and the time the petition for modification investigation was conducted. There is no reported change of the mine power system between the time the petition was submitted and the time the investigation was conducted. During the investigation, the accurate information was gathered and provided related to the mine power distribution system. This did change the results of the study.

The petitioner responded to MSHA’s request stating that they did not realize that trying to make something that would be safer, more practical and efficient for our miners would be this difficult. The petitioner claims that the vendors they use are reputable and able to provide products as required. Not having to move power into and out of rooms in itself is safer. The lower breaker setting along with the state required sensitive ground fault makes it safe for our miners.

MSHA requested facts to support the petitioner’s allegations and facts to show or establish that the modification is warranted. MSHA did not receive facts supporting the petitioner’s claim. The petitioner states to their knowledge there has not been any hazards, accidents, or injuries related to trailing cables or power cables. Therefore, there are not facts to support that this

petition is necessary or that accidents or injuries would be reduced. The mine operator’s response to our request for facts related to hazards, violation history, accidents, or injuries related to trailing cables or power cables is, “If you could provide that information that would help to answer the question.” The petitioner suggested that MSHA could help and provide the information to respond to this question. MSHA investigates these petitions, make decisions based upon all the facts. MSHA is not responsible for providing contents of the petition required by 30 CFR §44.11.

During a follow up conversation with the petitioner they claimed that the mine has increased pillar sizes to maintain adequate roof control measures specific to their change in mining condition including increased overburden. The petitioner’s response to this inquiry is that pillar size doesn’t matter and that 600 feet is the limiting issue. The petitioner also mentioned that their work force is aging. MSHA’s request for incident, accident and injury data relative to this claim results with a response suggesting MSHA could help and provide this information. MSHA request facts related to the current mining method and cycle to get a better understanding of the mine specific facts that warrant this modification. The response is we can’t mine beyond that with the regulation as written. The petitioner does not provide facts that support their claim that this is warranted. The mine operator does not provide facts considered when developing mine projections and the mine layout that establishes the 600 foot rooms. MSHA also requested the petitioner to verify the accuracy of the short circuit analysis within the contents of the petition.

The petitioner claims that this was verified by MSHA. The regulations according to 30 CFR§44.11(a)(5) establishes the minimum requirement of the petitioner and not of MSHA.

MSHA is aware of issues relative to circuit breakers that have not been adequately maintained or have been improperly repaired or rebuilt. The issues have been the cause of numerous serious accidents and at least one fatality. MSHA has requested information related to the safe performance and reliability of the circuit breakers modified by the vendor however the petitioner has not provided facts to support the claim that the alternate method proposed will at all times guarantee no less than the same measure of protection afforded by the miner of such mine by such standard. MSHA’s concerns related to the safety of the electrical molded case circuit breaker are very real. MSHA -Program Policy Letter - P11-V-16 -Suitability, Safety and Performance of Circuit Breakers provides guidance on these potentially dangerous conditions found in third part rebuild and repair facilities. The policy covers the examination, testing and maintenance requirement of circuit breakers that have been repaired or rebuilt. It also emphasizes that the mine operator must keep a record of such examinations. Characteristics that should be addressed during the examination or maintenance of circuit breakers includes integrity, strength of the housing, internal and external electrical insulation; all component parts must be present and in working conditions; identification labeling; and cleanliness. When a circuit breaker is sent to a repair/rebuild facility for repairs and/or adjustments, a report of all work should be included in a record book. The policy provides guidance for interested parties and according to Global Mine Service Website this vendor offers new and reconditioned breakers.

The petitioner’s response indicates that this vendor sets and seals breakers for a specific application and are reputable. The Secretary has requested information to support the same measure of protection afforded the miners of such mine by such standard.

The National Electrical Code (NEC) is a voluntary consensus standard and it establishes a much higher bar of safety for molded-case circuit breakers (MCCB). The purpose of this Code is the

practical safeguarding of persons and property from hazards arising from the use of electricity. The safety concern for third party vendors repairing and rebuilding electrical equipment has grown and nationally recognized standards have further guidance on this since MSHA published their guidance in 2001. MSHA continues to see injuries resulting from MCCB that are rebuilt or repaired at third party facilities. The NEC version 2020 according to 240.88 Reconditioned Equipment Section (A) Circuit Breakers states that the use of reconditioned circuit breakers shall comply with (1) through (3). Section one states that molded-case circuit breakers (MCCB) shall not be permitted to be reconditioned. Reconditioned is defined as “Electromechanical systems, equipment, apparatus, or components that are restored to operating conditions.

Informational Note: The term reconditioned is frequently referred to as rebuilt, refurbished, or remanufactured.” Global Mine Service stipulates in their letter to the petitioner dated September 17, 2020 that it will inspect, clean, lubricate, prepare the breaker for primary injection, make trip unit adjustments, grind off or melt down the trip unit screws, apply a sealant to the trip range adjustment. These actions indicate reconditioning the circuit breaker.

According to the Mine Act under 101(c), upon petition the Secretary may modify the application of any mandatory safety standard if the Secretary determines that an alternative method for achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded by the miners of such mine by such standard or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. The Secretary has requested information to support the same measure of protection afforded the miners of such mine by such standard. The petitioner has failed to provide or requested MSHA to provide the minimum required contents to establish the grounds to warrant a modification. The petitioner has not provided facts to support that the same measure of protection afforded by the miners of such mine by such standard can be achieved. Furthermore, the petitioner’s proposal does not include specificity as established by 30 CFR §18.81 nor address MSHA’s safety related concerns of the performance, reliability, repeatability, including integrity and strength of the housing, internal and external electrical insulation, that all component parts must be present and in working condition, identification labeling, and cleanliness.

After careful review of the entire record, including the petition, MSHA's investigative report, and responses to requests for additional information, MSHA finds that the petitioner does not provide the contents the petition shall contain and the alternate method proposed by the petitioner does not provide an alternative method of compliance that will at all times guarantee no less than the same level of protection afforded to the miners.

ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, 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 LCT Energy LP’s Petition for Modification of the application of 30 CFR §75.503 at Rustic Ridge #1 Mine is hereby:

DENIED

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 Mine Safety and Health Enforcement, 201 12^th Street South, Arlington, Virginia  22202-5452.

If a hearing is requested, the request shall contain a concise summary of 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.

Timothy R. Watkins 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 10^th day of December, 2021, to:

Donald R. Foster, Jr. Safety Director
LCT Energy, LP
938 Mt. Airy Drive Suite 200
Johnstown Pa. 15904
don.foster@lctenergy.com

Mark R. Terek President
938 Mt. Airy Drive Suite 200
Johnstown Pa. 15904
mark.tercek@lctenergy.com