Petition Docket No. M-2024-072-C

In the matter of Petition for Modification
Harrison County Coal Resources, Inc.
Harrison County Mine
I.D. No. 46-01318 Docket No. M-2024-072-C

PROPOSED DECISION AND ORDER

On December 30, 2024, a petition was published in the Federal Register seeking a modification of the application of 30 CFR § 75.503 to Petitioner’s Harrison County Mine located in Wetzel County, West Virginia. 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 investigated the merits of the petition and filed a report of their findings 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, the Administrator issues this Proposed Decision and Order.

Findings of Fact and Conclusions of Law

MSHA investigated pertinent details of the petition on February 11, 2025, at the Harrison County Mine. The following individuals participated in the meeting on behalf of Harrison County Coal Resources, Inc.:
1.    Roger McClain (ACNR)
2.    William Mullet (ACNR)
3.    Jeff Lambert (ACNR)
4.    Wade Burns (ACNR)
5.    Scott Martin (ACNR)
6.    J.D. Wilfong (UMWA)

The Harrison County Mine, located in Wetzel County, WV is a Bituminous underground coal mine. It is mined from one slope and two shaft openings in the Pittsburgh seam with an average height of 84 inches and an entry width of 16 feet. The Harrison County Mine has three production shifts per day at 8 hours per shift with approximately 400 employees. This mine is represented by a labor organization. A copy of the proposed petition was posted on the mine bulletin board at the time of the investigation.

Harrison County Mine is developing longwall panels as part of a continuing mining cycle. The longwall development panels consist of a three-entry system with 300-foot-deep cuts to improve roof and abutment pressure control during longwall mining. Ventilation is also improved by limiting the number of stoppings, which have a built-in ventilation pressure loss factor. The Harrison County Mine is also developing main and submain sections as part of the continuing mining cycle.

The petitioner requests a modification of 30 CFR 75.503, specifically 30 CFR 18.35(a)(5)(i) to permit an increase of the trailing cables lengths up to 1000 feet maximum.

The petitioner proposes to establish an alternative method in lieu of the mandatory safety standard:

1. The petitioner proposes this petition shall apply only to trailing cables supplying three-phase, 995-volt, power to loading machines.

2. The maximum length of the trailing cables shall be 1,000 feet.

3. All trailing cables exceeding 700 feet in length and supply three-phase, 995-volt power to loading machines shall be No. 2 American Wire Gauge (AWG), G-GC 3/C GGC shielded cable, or larger.

4. All circuit breakers used to protect the No. 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 or locked, and these circuit breakers shall have permanent, legible labels. The calibration, sealing, and labeling shall be performed by the manufacturer or at a repair facility outfitted with calibrated test equipment. The labels shall be maintained in legible condition.

5. Replacement circuit breakers and/or instantaneous trip units, used to protect the No. 2 AWG trailing cables, shall be calibrated to trip at 800 amperes and this setting shall be sealed and locked. The calibration, sealing, and labeling shall be performed by the manufacturer or a repair facility outfitted with calibrated test equipment.

6. 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 or locks removed and that they do not exceed the stipulated settings specified in Items No. 4 and No. 5.

7. Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.

8. Each splice or repair in the trailing cable shall be made in a workmanlike manner with an approved splice kit, and in accordance with the instructions of the manufacturer of the splice or 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.

9. In the event the mining method 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. Additional precautions shall be taken to ensure that, in the future, the cable is protected and maintained in safe operating condition.

10. Permanent warning labels shall be installed and maintained on the cover(s) of the power center identifying the location of each sealed or locked short-circuit protective device. The label shall identify the circuit breakers as being suitable for protecting No. 2 AWG cables and shall warn miners not to change or alter these short-circuit settings. Additionally, the 995-volt loader will have dedicated receptables to prevent other equipment from being plugged in, enhancing safety.

12.    Within sixty (60) days after this Petition is granted, the Petitioner shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the 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 that 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.
d.    Training in how to verify that circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained.

The procedures of 30 C.F.R. §48.3 for approval of proposed revisions to already approved training plans will apply.
In support of the proposed alternative method, the petitioner submitted schematic diagrams showing the lengths and locations of trailing cables, a fault analysis summary, a short-circuit analysis including specific cable information for all high voltage cables from the utility service drop to the section power center, and one-line diagrams.
On the basis of the petition and MSHA’s investigation findings, and the foregoing reasons, Harrison County Coal Resources, Inc. is granted a modification of the application of 30 C.F.R. § 75.503 at its Harrison County Mine.

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 Harrison County Coal Resources, Inc., Petition for Modification at Harrison County 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 three-phase loading machines. The petition is granted for the maximum length of 1000 feet of trailing cable only when necessary to mine longwall panels when larger coal pillars with crosscut centers up to and not exceeding a maximum of 300 feet are used in Harrison County Mine, conditioned upon compliance with the following terms and conditions:

1. This petition shall apply only to trailing cables supplying three-phase, 995-volt, power to loading machines.

2. The maximum length of the trailing cables shall be 1,000 feet.

3. All trailing cables exceeding 700 feet in length and supply three-phase, 995-volt power to loading machines shall be No. 2 American Wire Gauge (AWG), G-GC 3/C GGC shielded cable, or larger.

7. Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.

11. This alternative method shall not be implemented until all miners, who have been designated to examine the integrity of seals and verify the short-circuit settings and proper procedures for examining trailing cables for defects and damage, have received the elements of training specified in Item No. 12. Only qualified electricians shall frequently examine, test, and properly maintain this equipment which includes work after the circuit would trip due to a fault initiated by the circuit breaker.

13. The calibrated trip setting of these circuit breakers shall be secured so that the setting cannot be changed.

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 CFR § 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 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 of this Proposed Decision and Order, the Decision and Order will become final and must be posted by the operator on the mine 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 day of to:

Roger McClain
Harrison County Mine
Safety Director
464 North Portal Rd.
Wallace, WV 26448
rogermcclain@acnrinc.com

J.D. Wilfong
UMWA
Tjsnoderly73@yahoo.com

Errol Scott Arnett
Mine Safety and Health Specialist

cc:    Frank Foster, Director
    Office of Miners’ Health Safety and Training
    #7 Players Club Dr. Suite 2
    Charleston, WV 25311
    Frank.G.Foster@WV.gov