3/3/25
In the matter of Petition for Modification
Mountain Coal Company
West Elk Mine
I.D. No. 05-03672 Docket No. M-2023-027-C
PROPOSED DECISION AND ORDER
On August 28, 2023, a petition was published in the Federal Register seeking a modification of the application of 30 CFR § 75.503 to Petitioner’s West Elk Mine located in Gunnison County, Colorado. 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 Mine Safety and Health Enforcement on April 2, 2024 through April 3, 2024. 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 West Elk Mine is located in Gunnison County, Colorado. The mine has been developed into the F, E, and B coal seams with current production taking place in the E coal seam. The E coal seam averages about 114 inches in height. The seam is a four-to-five-degree pitch to the Northwest with a maximum overburden of about 1600 feet. The B seam is being developed for mining, and F seam is used for travelways.
There are eleven surface openings, four intake entries, one main fan exhaust entry, three blowing fans, one belt entry, one escape hoist shaft entry, and one main haulage entry from the F seam.
The mine employs about 295 miners, 37 office workers and about 130 contractors from Phoenix and Jen Mar. The miners work 12-hour shifts, days and nights, 7 days a week. The mine has an average production of about 12,757 tons per day using 3 continuous mining machines, one retreating high voltage longwall, and a continuous mining pillar section. On the continuous mining machine section, coal is transported from the face by diesel Ram Cars and then to the surface by conveyor belts. On the longwall section, coal is transported from the face conveyor directly on the conveyor belt to the surface. On the continuous mining machine pillar section coal is transported from the miner by diesel Ram Cars and then to the surface by conveyor belts. The methane liberation for the 3rd quarter 2023 was 1,085,443 ft3/24 hours as determined by bottle analysis. The mine entered a 103(i) status for methane liberation on October 10, 1992.
Mining is currently underway the blocks of coal are about 75 feet wide X 112 feet long, starting at 28 Crosscut to the current mining location 25 Crosscut, then outby to 23 Crosscut where the blocks are longer, about 75 feet wide X 199 feet long to 19 Crosscut. The feeder and conveyor belt start at 3 Entry 22 Crosscut and the belt travels 3 Entry outby. Entries 4,5,6 and 7 are intake air courses, Entry 3 is the beltline, and Entries 2 and 1 are return air courses. Sunset Mains South has 6 seals between 30-31 Crosscut sealing all air courses inby. Pillar mining at 7 Entry, 25 Crosscut with Continuous miner (c/n9) and Mobile Roof Supports MRS-5 and MRS-6.
On December 10, 1997, a petition under Section 101 (c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 811(c) and 30 Code of Federal regulations (30 C.F.R.) Part 44.11, et. Seq. was issued to Mountain Coal Company, L.L.C. to modify 30C.F.R. 75.503. The Petition became final on January14, 1998. The Petitioner requested a
modification to the existing Petition (M-96-104-C) to allow the use of 1,100 feet of No. 4/0 AWG trailing cable for continuous miners at the West Elk Mine. MSHA chose to issue Docket No. M-2012-096-C, and revoke petition No. M-96-104-C. On May 21, 2013, MSHA issued an Amended Proposed Decision and Order granting the referenced Petition for Modification with sixteen (16) additional stipulations.
On August 28, 2023, Mountain Coal Company submitted a new petition to further amend the granted Petition for Modification. The West Elk Mine has purchased four (4) Fletcher Mobile Roof Support machines (995 volts), Model MRS17 and is in the process of acquiring Komatsu 10SC32 Shuttle cars.
West Elk wishes to amend the referenced Petition for modification to include the use of 1,100 feet of number 4 trailing cable for the Mobile Roof Supports and 1,100 feet of number 2 trailing cable for the Shuttle Cars. Using the minimum amount of current available and having the instantaneous overcurrent protection set at 500 amps, the use of 1,100 feet of number 4 trailing cable does not compromise miner safety nor does it adverse impact electrical protection of the cable. The same holds true for the 1,100 feet of number 2 trailing cable, using the minimum amount of current available and having the instantaneous overcurrent protection set at 800 amps.
Based on this information, Mountain Coal Company requests a modification to the existing Petition for Modification to include and allow the use of 1,100 feet of number 4 trailing cable on the Mobile Roof Supports and 1,100 feet of number 2 trailing cable on Shuttle Cars.
During the investigation, the investigator met with all interested parties to explain the scope of the investigation. The miners are not represented by a union or a miner representative. The investigator interviewed miners on the proposed petition.
The investigator interviewed 7 miners on the proposed petition. Their responses are summarized below:
• T. Tatman, Continuous miner operator. Didn’t think the longer MRS/shuttle car cable would be a factor, they would be thesame length as the miner cable.
• Z. Jones, Miner helper. No factor, doesn’t see a problem with longer MRS/shuttle car cables.
• G. McFarland, Cable tender. Asked why not use a Distribution box (D-box)?
• D. Martin, Ram car operator. No opinion. Operated shuttle car at Lila Canyon mine.
• T. Gunn, Ram car operator. Thinks shuttle car is good idea. No opinion on longer cable.
• M. Fletcher, Mechanic. As long as all stipulations are followed is in favor of longer MRS and shuttle car cables. Wants cable slack hung on bullhorn hangers.
• J. Smith, Mechanic. He is in favor of anything to get away from diesel ram cars, because of the continuing engine exhaust water scrubber problems.
MSHA investigated added Komatsu 10SC32 shuttle car to West Elks Longer Trailing Cable Petition. The goal of the fault analysis is to demonstrate that there is enough current available to trip the short circuit protection at the time of a fault. The fault study was prepared using the minimum amount of electrical current available. The study used the maximum distances from the substation according to the current mining plan. The program used (Short-Circuit Version 6.03) for the study was provided by MSHA’s Approval & Certification Center. As shown by the study the 1,100 feet of #2 cable with instantaneous overcurrent protection set at 800 Amps does not compromise the protection for the cable or the personnel.
MSHA also investigated adding Fletcher Mobile Roof Support to West Elks Longer Trailing Cable Petition. The goal of the fault analysis is to demonstrate that there is enough current available to trip the short circuit protection at the time of a fault. The fault study was prepared using the minimum amount of electrical current available. The study used the maximum distances from the substation according to the current mining plan. The program used (Short-Circuit Version 6.03) for the study was provided by MSHA’s Approval & Certification Center. As shown by the study the 1,100 feet of #4 cable with instantaneous overcurrent protection set at 500 Amps does not compromise the protection for the cable or the personnel.
Mountain Coal Company submits that with the existing terms and conditions of the Petition for Modification, the use of 1,100 feet of number 4 cable on the Mobile Roof Supports and 1,100 feet of number 2 trailing cable for the Shuttle Cars will at all times guarantee no less than the same measure of protection afforded by the petition standard
MSHA finds that the alternate 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 Mine Safety and Health Enforcement, and pursuant to Section l0l(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Sec. 81l(c), it is ordered that Mountain Coal Company LLC. Petition for Modification at West Elk Mine for the application of 30 CFR § 75.503 is hereby:
GRANTED, for trailing cables supplying three-phase power to 995 VAC trailing cables supplying the Fletcher Mobile Roof Support machines, Model MRS17, (MRS 2 s/n 2018902, MRS 3 s/n 2018903, MRS 5 s/n 2017913 and MRS 6 s/n 2017914) and the
Komatsu shuttle cars. The petition is granted for the maximum lengths of 1,100 feet of No.4 trailing cables Mobile Roof support and 1,100 feet of No 2 trailing cable for the Shuttle cars used in West Elk Mine, subject to the terms and conditions of this order.
ORDER
1. The maximum length of No. 4 AWG SHD-GC trailing cables suppling 995 volts AC to the Fletcher Mobile Roof Support Machines Model MRS17 shall be 1,100 feet. The maximum length of No. 2 AWG SHD-GC trailing cables suppling 995 volts AC to the Komatsu Shuttle Cars Model 10SC32 shall be 1,100 feet.
2. All circuit breakers used to protect the No. 4 AWG SHD-GC trailing cables exceeding 600 feet in length for the 995-volt Fletcher Mobile Roof Support Machines shall have instantaneous trip units calibrated to trip at 500 Amps. The trip setting of these circuit breakers shall be sealed or locked so that the setting cannot be changed and these circuit breakers hall have permanent legible labels displaying he maximum short circuit setting. Calibration, sealing and labeling of circuit 6 breakers shall be performed by the circuit breaker manufacturer or an authorized repair facility outfitted with calibrated test equipment. Each label shall identify the circuit breaker as being suitable for protecting No. 4 AWG SHD-GC cables. These labels shall be maintained legible.
3. Replacement instantaneous trip units used to protect the No. 4 AWG SHD-G trailing cables shall be calibrated to trip at 500 Amperes and this setting shall be sealed or locked. Calibration, sealing, and labeling of the replacement units must be conducted by the device manufacturer or an authorized repair facility outfitted with calibrated test equipment.
4. All circuit breakers used to protect the No. 2 AWG SHD-GC trailing cables exceeding 700 feet in length for the 995-volt AC powered Komatsu Shuttle Cars Model 10SC32 shall have instantaneous trip units calibrated to trip at 800 Amperes.
The trip setting of these circuit breakers shall be sealed or locked so that the setting cannot be changed, and these circuit breakers shall have permanent legible labels displaying the maximum short circuit setting. Calibration, sealing and labeling of circuit breakers shall be performed by the circuit breaker manufacturer or an authorized repair facility outfitted with calibrated test equipment. Each label shall identify the circuit breaker as being suitable for protecting No. 2 AWG SHD-GC cables. The labels shall be maintained legible.
5. Replacement instantaneous trip units used to protect the No. 2 AWG SHDGC trailing cables shall be calibrated to trip at 800 Amperes and this setting shall be sealed or locked. Calibration, sealing, and labeling of the replacement units must be conducted by the device manufacturer or an authorized repair facility outfitted with calibrated test equipment.
6. All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available
7. The trailing cables for the Fletcher Mobile roof Support Machines and Komatsu Shuttle Cars shall be protected by being hung on well-installed insulated hangers from the section transformer to the slack pile of the trailing cable for each machine or to the last open crosscut, whichever is further outby.
8. Prior to putting the Fletcher Mobile roof Support Machines and Komatsu Shuttle Cars in service for each shift, examinations by persons designated by the mine operator shall be made to visually examine the trailing cables to ensure that the cables are in safe operating condition. The instantaneous settings of the specially calibrated circuit breakers shall also be visually examined to ensure that the peals or locks have not been removed and that they do not exceed the settings stipulated in item 2, item 4 and item 6.
9. Permanent warning labels shall be installed and maintained on the covers of each circuit breaker and the trailing cable disconnecting device indicating thatthe cable can only be connected to a circuit breaker that is set to trip at its predetermined instantaneous value. These labels shall warn miners not to change or alter these sealed short-circuit settings and warn them not to connect the trailing cable to an improperly adjusted circuit breaker.
10. Any trailing cable that is not in safe operating condition or damaged in any way shall be removed from service immediately and repaired or replaced. Each splice or repair in the trailing cables 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 C.F.R. ~~ 75.603 and 75.604.
11. Excessive cable shall be stored behind the anchors) on equipment that use cable reels to prevent cables) from overheating. Trailing cable anchoring points located along haulage roads, belt tailpiece or feeder shall be arranged to prevent the shuttle cars from running over their trailing cables, to minimize the need for secondary (temporary) trailing cable anchoring points and minimize back spooling.
12. The Petitioner's alternate method shall not be implemented until all miners, who have been designated to examine the integrity of seals or locks, verify the short- circuit settings and proper procedures for examining trailing cables for defects and damage have received the training specified in Item 14.
13. Prior to implementation of this petition, the circuit breakers outlined above shall be inspected by MSHA to ensure their conformity with the terms and conditions of this petition.
14. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager for the District in which the mine is located. The training shall include the following elements:
(a) Training in the mining methods and operating procedures that will protect the trailing cables against damage.
(b) Training in proper procedures for examining the trailing cables to ensure that they are in safe condition.
(c) Training in the hazards of setting the short circuit interrupting devices too high to adequately protect the trailing cables; and
(d) Training in how to verify that the circuit interrupting devices protecting the trailing cables are properly set and maintained.
(e) Training to protect the trailing cables against damage caused by overheating cables) due to excessive cable stored on the cable reels and adjusting stored cable behind the cable anchors) as tramming distances change.
Unless specifically mentioned herein, nothing in this Proposed Decision and Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved ventilation or other plans.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14 within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
Any hearing request must contain a concise summary of position on the issues of fact or law to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than the Petitioner who has requested a hearing may also comment on 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 of this Proposed Decision and Order, the Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Dustin W. Crelly,
Acting 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 paid, or provided by other electronic means this 3rd day of March, 2025, to:
Tim Fraser Safety Manager
Mountain Coal Company, LLC
5174 Highway 133
Somerset, CO 81434
tfraser@archrsc.com
Alexander Bullinger
General Engineer
cc: Brandon Neal, Program Manager
Division of Reclamation, Mining, and Safety Mine Safety Training Program
1313 Sherman Street, Room 215
Denver, CO 80203
brandon.neal@state.co.us