3/7/25
In the matter of PETITION FOR MODIFICATION
River View Coal LLC
Henderson County Mine
I.D. No. 15-02709 Docket No. M-2024-001-C
PROPOSED DECISION AND ORDER
On October 13th, 2023, a petition was published in the Federal Register seeking a modification of the application of 30CFR § 75.503 to Petitioner’s Henderson County Mine located in Union County, Kentucky. The petitioner requested the modification to allow the use of trailing cables by 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 tobe 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 specifiedin 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 November 21, 2022, 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 of the subject petition was conducted on May 20, 2024, by John Benson, Mine Safety and Health Specialist (Electrical). A meeting was held in the mine office on May 20, 2024. The purpose of this meeting was to discuss the scope of the investigation and the manner in which the investigation would be conducted. Present during the meeting representing River View Coal, LLC was, Brad Sheffer (Maintenance Chief), Chris Gunn (Safety Director), Cliff Ford (Power Systems Engineer), Heath Tucker (Miner's Representative), and from MSHA Louis Adams (Supervisory Specialist Electrical). John Benson explained the reason for the meeting was to conduct an investigation to permit the use of extended trailing cables supplying power to permissible equipment used in continuous mining sections, Docket No. M-2024-001-C for 30 C.F.R. § 75.503 and associated § 18.35(a)(5)(i).
Henderson County Mine is an area consisting of approximately 10,000 acres and is located North of Waverly in Union County, Kentucky. The mine is opened by a slope, intake airshaft, and return airshaft into the Kentucky No. 11 coal seam. The mine has 1 (one) Mechanized Mining Unit and employees 86 underground and 3 Surface miners. Coal is mined from the face with continuous miners onto Auxier Welding Shuttle cars dumped onto conveyor belts and then transported to the surface. The mine averages a daily production tonnage of 4000 tons. The mine is ventilated by one fan operating in the blowing mode. The fan is producing approximately 249,519 cubic feet of air. The mine is currently liberating zero cubic feet of methane in a 24-hour period.
River View Coal, LLC seeks modifications of 75.503 (18.35) to permit Henderson County Mine to increase the maximum length of trailing cable to supply power to permissible equipment used in continuous mining sections. The Henderson County Mine will be developing three in-seam slopes that each will be approximately 1000 feet in length. When completed, the 9-degree slopes will be utilized to connect two vertically separated coal seams. In addition, the Henderson County Mine will routinely mine around oil wells which require leaving large barrier pillars to protect the wells and the underground miners. Accomplishing these mining scenarios safely and efficiently necessitates extended cable lengths, without the need to provide permissible junction boxes that would otherwise be installed and maintained in the direct paths of haulage equipment.
The working sections would be directly affected by this modification. Although the modification deals with procedures for the working section, all underground mine personnel would be affected by this modification.
The investigation centered around the petitioner's claim that the proposed alternative to compliance with 30 CFR §75.503 associated §18.35(a)(5)(i) will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.
1) This petition shall apply only to trailing cables supplying three-phase, 995-volt power to continuous mining machines, trailing cables supplying three-phase 480-volt power to roof bolters and #2/0 AWG trailing cables supplying power to 550-VDC shuttle cars.
2) The maximum length of trailing cables listed in Item No.1 shall be 850 feet normally and
3) 1200 feet during construction of the inner-seam slope between the 11 & 9 seams.
4) Cables supplying power to 995-volt continuous mining machines shall not be smaller than 2/0.
5) Cables supplying power to 480-volt roof bolting machines shall not be smaller than #2 AWG.
6) Cables supplying power to 550 VDC shuttle cars shall not be smaller than #2/0 AWG.
7) Circuit Breakers used to protect 2/0 trailing cables 850 feet in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1500 amps. A password-protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. These vacuum circuit breakers shall have a permanent legible label identifying the circuit breaker as being suitable for protecting 2/0 cables supplying power to the specified machines.
8) Circuit Breakers used to protect 2/0 trailing cables 950 feet in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1500 amps. A password-protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. These vacuum circuit breakers shall have a permanent legible label identifying the circuit breaker as being suitable for protecting 2/0 cables supplying power to the specified machines.
9) During construction of the inner-seam slope, Circuit Breakers used to protect 2/0 trailing cables over 950ft, up to 1200 feet, in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1400 amps. A password-protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. These vacuum circuit breakers shall have a permanent legible label identifying the circuit breaker as being suitable for protecting 2/0 cables supplying power to the specified machines.
10) Circuit breakers used to protect #2 AWG cables 700 feet in length supplying power to 480 VAC machines shall have instantaneous trip units calibrated to trip at 800 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2 AWG cables supplying power to the specified machines.
11) Circuit breakers used to protect #2 AWG cables above 700 feet up to 900 feet in length supplying power to 480 VAC machines shall also have instantaneous trip units calibrated to trip at 800 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2 AWG cables supplying power to the specified machines.
12) During construction of the inner-seam slope, Circuit Breakers used to protect #2 AWG cables over 900ft, up to 1200 feet in length, supplying power to 480 VAC machines shall have instantaneous trip units calibrated to trip at 700 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2 AWG cables supplying power to the specified machines.
13) Circuit breakers used to protect #2/0 AWG cables between 850 and 1200 feet in length supplying power to 550 VDC machines shall have instantaneous trip units calibrated to trip at 700 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2/0 AWG cables supplying power to the specified machines. As specified in 30 CFR § 75.703-3(d)(5), grounding diodes must have a nominal current rating of no less than 250A. Cables over 850 shall only be used during the construction of the inner-seam slope.
14) Replacement circuit breakers and instantaneous trip units used to protect trailing cables covered by this petition shall be calibrated, sealed, and labeled as specified in this Petition.
15) Circuit breakers and instantaneous trip units used to protect trailing cables covered by this petition shall be calibrated, sealed, and labeled as specified in this Petition, if use is extended to 36-months they shall be calibrated, sealed and labeled again with documentation of each.
16) All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available. All circuit breakers used to protect trailing cables exceeding the maximum length specified in 30 CFR § 18.35(a)(5)(i) shall have instantaneous trip units properly calibrated and adjusted to trip at no more than the smallest of the following values:
a) The setting specified in 30 CFR § 75.601-1.
b) The setting specified in the approval documentation for the machine; or
c) 70% of the minimum phase to phase short circuit current available at the end of the trailing cable.
The short circuit analysis shall be updated whenever changes are made to the mine power system that affect the fault current available at the end of the affected trailing cables and the specified settings used to protect these trailing cables. An updated short circuit analysis which accurately determines the minimum phase to phase short circuit current available at the end of the affected trailing cables shall be made available to MSHA personnel upon request.
17) During each production shift, persons designated by the mine operator shall visually examine the trailing cables to ensure that they are in safe operating condition. The instantaneous settings of the specifically calibrated circuit breakers shall also be visually examined to ensure that the seals or locks have not been removed and that they do not exceed the settings specified in this Petition.
18) Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.
19) 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 repair materials. 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. Splices shall comply with the requirements of 30 CFR § 75.603 and 75.604.
20) Permanent warning labels shall be installed and maintained on the cover(s) of the power center or distribution box identifying the location of each sealed or locked short-circuit protective device. These labels shall warn miners not to change or alter these sealed short-circuit settings, and any sign of tampering with the specially calibrated circuit breaker or trip unit will require the replacement of the circuit breaker with another calibrated, sealed and/or locked trip unit.
21) All cable couplers for these cables shall be constructed or designed, for example keyed or sized, to permit only the proper type and length of cable to be plugged into the receptacle with the proper settings.
22) 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 miners, shuttle cars and roof bolting machines. Moreover, trailing cable anchors on cable reel equipment shall be of the permanent type that minimizes the tensile forces on the trailing cables.
23) Where the method of mining requires 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.
24) Excessive cable shall be stored behind the anchor, on equipment that uses cable reels, to prevent cables from overheating.
25) The petitioner’s alternate method shall not be implemented until miners who have been designated to examine the integrity of seals or locks, to verify the short circuit settings, and to examine trailing cables for defects and damage, have received the training specified in Item 23.
26) Within 60 days after this Petition is granted, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plans to the Coal Mine Safety and Health District Manager for the area in which the mine is located. The training shall include the following elements:
a) Training in mining methods and operating procedures that will protect the trailing cables against damage.
b) Training in the proper procedures for examining the trailing cables to ensure the cables are in safe operating condition.
c) Training in hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables; and Training in how to verify the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained.
d) Training on how to protect trailing cables against damage caused by overheating when excessive cable is stored on the cable reel, and the importance of adjusting stored cable behind the cable anchor as tramming distances change.
The proposed alternate method will at all times guarantee no less than the same measure of protection to all miners at Henderson County Mine provided by the mandatory standards.
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 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., Sec. 811(c), it is ordered that River View Coal LLC. Petition for Modification at Henderson County Mine No 1 for the application of 30 CFR § 75.503 is hereby:
GRANTED, for trailing cables supplying power to 995 VAC Fletcher CHDDR-17 double-boom walk-thru roof bolting machines. The petition is granted for the maximum lengths’ of 1200 feet of trailing cable only when necessary. Nonauthorized personnel shall be prohibited from modifying parameter settings. Henderson County Mine will designate an official to manage and maintain the security of the SEL relays.
River View Coal, LLC.'s Petition is directed to modify the provisions of 30 C.F.R.§75.503 associated §18.35(a)(5)(i), which requires Henderson County mine to maintain the lengths of portable (trailing) cables, shall not exceed those specified in Table 9, Appendix I.
This petition shall apply only to trailing cables supplying three-phase, 995 VAC power to Continuous Mining machines, trailing cables supplying three-phase 480 VAC power to Roof Bolters, and 2/0 AWG trailing cables supplying power to 550-VDC Shuttle Cars.
1) The maximum length of trailing cables listed in Item No.1 shall be 1200 feet on Continuous Miners, Roof bolters, and Shuttle cars only during construction of the inner- seam slope between the #11 & #9 seams Cables supplying power to 995-volt continuous mining machines shall not be smaller than 2/ 0 AWG Shielded.
2) Cables supplying power to 480-volt roof bolting machines shall not be smaller than #2AWG.
3) Cables supplying power to 550 VDC shuttle cars shall not be smaller than #2/0 AWG.
4) Circuit Breakers used to protect 2/0 trailing cables 850 feet in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1500 amps. A password protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. These vacuum circuit breakers shall have a permanent legible label identifying the circuit breaker as being suitable for protecting 2/0 cables supplying power to the specified machines. The password protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. Only the Maintenance Chief, Maintenance director and 3rd shift Maintenance Foreman will have the password to the SEL parameters.
5) Circuit Breakers used to protect 2/0 trailing cables 950 feet in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1500 amps. A password protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. These vacuum circuit breakers shall have a permanent legible label identifying the circuit breaker as being suitable for protecting 2/0 cables supplying power to the specified machines.
6) Circuit Breakers used to protect 2/0 trailing cables 950 feet in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1300 amps.
7) During construction of the inner-seam slopes, Circuit Breakers used to protect 2/ 0 trailing cables over 950ft, up to 1200 feet, in length supplying power to 995 VAC machines shall have instantaneous trip units calibrated to trip at 1200 amps. A password protected SEL relay shall control the trip setting of these vacuum circuit breakers to ensure that the settings cannot be changed. These vacuum circuit breakers shall have a permanent legible label identifying the circuit breaker as being suitable for protecting 2/0 cables supplying power to the specified machines.
8) Circuit breakers used to protect #2 AWG cables 700 feet in length supplying power to 480 VAC machines shall have instantaneous trip units calibrated to trip at 800 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2 AWG cables supplying power to the specified machines.
9) Circuit breakers used to protect #2 AWG cables above 700 feet up to 900 feet in length supplying power to 480 VAC machines shall also have instantaneous trip units calibrated to trip at 600 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2 AWG cables supplying power to the specified machines.
10) During construction of the inner-seam slope, Circuit Breakers used to protect #2 AWG cables over 900ft, up to 1200 feet in length, supplying power to 480 VAC machines shall have instantaneous trip units calibrated to trip at 500 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2 AWG cables supplying power to the specified machines.
11) Circuit breakers used to protect #2/ 0 AWG cables between 850 and 1200 feet in length supplying power to 550 VDC machines shall have instantaneous trip units calibrated to trip at 700 amps. The trip setting of these circuit breakers shall be sealed to ensure that the settings cannot be changed. These circuit breakers shall have permanent legible labels identifying the circuit breaker as being suitable for protecting #2/ 0 AWG cables supplying power to the specified machines.
12) As specified in 30 CFR § 75.703- 3(d)(5), grounding diodes must have a nominal current rating of no less than 250A. Cables over 850 feet shall only be used during the construction of the inner-seam slope.
13) Replacement circuit breakers and instantaneous trip units used to protect trailing cables covered by this petition shall be calibrated, sealed, and labeled as specified in this Petition.
14) The calibration will be performed OEM with serial numbers recorded in a record book in the Maintenance office at the mine. The settings, after calibrated, will be covered with a metal plate and lock that only the Maintenace Chief, Maintenance Director and third shift Maintenance Foreman will have the key to.
15) All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available. All circuit breakers used to protect trailing cables exceeding the maximum length specified in 30 CFR § 18.35(a)(5)(i) shall have instantaneous trip units properly calibrated and adjusted to trip at no more than the smallest of the following values:
a) The setting specified in 30 CFR § 75.601-1.
b) The setting specified in the approval documentation for the machine; or 70% of the minimum phase to phase short circuit current available at the end of the trailing cable.
c) The short circuit analysis shall be updated whenever changes are made to the mine power system that affect the fault current available at the end of the affected trailing cables and the specified settings used to protect these trailing cables.
d) An updated short circuit analysis which accurately determines the minimum phase to phase short circuit current available at the end of the affected trailing cables shall be made available to MSHA personnel upon request.
16) During each production shift, persons designated by the mine operator shall visually examine the trailing cables to ensure that they are in safe operating condition. The instantaneous settings of the specifically calibrated circuit breakers shall also be visually examined to ensure that the seals or locks have not been removed and that they do not exceed the settings specified in this Petition.
17) Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.
18) 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 repair materials. 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. Splices shall comply with the requirements of 30 CFR § 75.603 and 75.604.
19) Permanent warning labels shall be installed and maintained on the cover(s) of the power center or distribution box identifying the location of each sealed or locked short- circuit protective device. These labels shall warn miners not to change or alter these sealed short-circuit settings, and any sign of tampering with the specially calibrated circuit breaker or trip unit will require the replacement of the circuit breaker with another calibrated, sealed and/ or locked trip unit.
20) All cable couplers for these cables shall be constructed or designed, for example keyed or sized, to permit only the proper type and length of cable to be plugged into the receptacle with the proper settings. The pin arrangement will be changed, in the plug and receptacle on the power center, to permit only the proper type and length of cable to be plugged into the receptacle with the proper settings.
21) 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.
22) 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 miners, shuttle cars and roof bolting machines. Moreover, trailing cable anchors on cable reel equipment shall be of the permanent type that minimizes the tensile forces on the trailing cables.
23) Where the method of mining requires 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.
24) Excessive cable shall be stored behind the anchor, on equipment that uses cable reels, to prevent cables from overheating.
25) The petitioner's alternate method shall not be implemented until miners who have been designated to examine the integrity of seals or locks, to verify the short circuit settings, and to examine trailing cables for defects and damage, have received the training specified in Item 23.
26) Within 60 days after this Petition is granted, the Petitioner shall submit proposed revisions for their approved 30 CFR Part 48 training plans to the Coal Mine Safety and Health District Manager for the area in which the mine is located. The training shall include the following elements:
a) Training in mining methods and operating procedures that will protect the trailing cables against damage.
b) Training in the proper procedures for examining the trailing cables to ensure the cables are in safe operating condition.
c) Training in hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables; and Training in how to verify the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained.
d) Training on how to protect trailing cables against damage caused by overheating when excessive cable is stored on the cable reel, and the importance of adjusting stored cable behind the cable anchor 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.
Dustan 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 prepaid, or provided by other electronic means on 3/7/25, to:
Jonathan McWade
River View LLC Henderson County Mine
835 St. Route 1179
Waverly, KY 42462
Jonathan.McWade@arlp.com
William Charles
Adelman River View Coal LLC
Henderson County Mine
835 St. Route 1179
Waverly, KY 42462
bill.adelman@arlp.com
Alexander Bullinger
Mine Safety and Health Administration
cc: Timothy Fugate, Division Director, 300 Sower Boulevard P.O. Box 2244 Frankfort, KY 40601 tim.fugate@ky.gov