7/9/26
In the matter of : PETITION FOR MODIFICATION
Mountain Coal Company, LLC
West Elk Mine
Mine I.D. No. 05-03672 Docket No. M-2026-006-C
PROPOSED DECISION AND ORDER
On January 20, 2026, Mountain Coal Company, LLC filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.503 at its West Elk Mine located in Gunnison County, Colorado. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.
The petitioned standard, 30 C.F.R § 75.503 states, in relevant 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.
The petitioner is requesting a modification of the standard to allow the use of trailing cables exceeding the length specified in MSHA’s approval regulations for Portable (trailing) cables and cords under 30 CFR § 18.35(a)(5)(i).
30 C.F.R § 18.35(a)(5)(i) states, in relevant 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.”
The subject mine was granted the use of trailing cables exceeding the length specified in MSHA’s approval regulations for portable (trailing) cables and cords in previous Proposed Decisions and Orders (PDOs) under Docket Number M-2023-027-C and Docket Number M-2012-096-C. Once this PDO becomes final, this order will supersede the previous orders and all terms and conditions found in M-2023-027-C and M-2012-096-C.
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
On December 10, 1997, MSHA issued petition M-96-104-C to Mountain Coal Company, LLC to modify 30 C.F.R. 75.503. The Petitioner requested a modification of the existing petition to allow the use of 1,100 feet of No. 4/0 AWG trailing cable for continuous miners at the West Elk Mine. On May 21, 2013, MSHA subsequently issued Docket No. M‐2012‐096‐C, and revoked petition No. M‐96‐104‐C. Docket No. M-2012-096-C has allowed the West Elk Mine the use of: 1,100 feet of No. 4/0 AWG SHD-GC cables supplying 995 volts of power to continuous mining machines; 1,100 feet of No. 2/0 AWG SHD-GC cables supplying 995 volts of power to continuous mining machines; 1,000 feet of No. 2 AWG SHD-GC cables supplying 995 volts of power to roof bolting machines and auxiliary face fans; and 1,000 feet of No. 2 AWG G-GC cables supplying 575 volts of power to roof bolting machines and auxiliary face fans.
On August 28, 2023, Mountain Coal Company, LLC submitted a new petition to further amend the granted Petitions for Modification. On March 3, 2025, MSHA issued petition M-2023-027-C to the West Elk Mine, allowing the use of 1,100 feet of No. 2 AWG SHD-GC trailing cables supplying 995 volts of power to their shuttle cars and 1,100 feet of No. 4 AWG SHD‐GC trailing cables supplying 995 volts of power to their mobile roof support machines.
Under the current petition, the petitioner requests to update their previously granted petitions to additionally allow the use of 1,100 feet of No. 2 AWG G-GC trailing cables supplying 995 volts of power to their shuttle cars and to allow an additional 100 feet, for a total of 1,100 feet, of No. 2 AWG-SHD-GC trailing cables supplying 995 volts of power to their roof bolting machines.
The petitioner alleges that the alternative method proposed in the submitted petition will, at all times, guarantee no less than the same measure of protection afforded by the standard.
MSHA investigated pertinent details of the West Elk Mine from April 27-27, 2026. The investigation included an item-by-item review of the proposed petition and an onsite mine visit. During the onsite visit, the MSHA investigator verified that the proposed Petition for Modification (PFM) was posted on the mine’s bulletin board and explained the PFM process and all stipulations to the miners and supervisors.
There was no Representative of Miners at the mine; however, MSHA interviewed multiple miners regarding the PFM. No negative comments were provided by any of the miners interviewed during the investigation. Many miners believed the petition was necessary and provided adequate protection. The granting of this petition would affect all miners at the mine.
The West Elk Mine includes 11 surface openings, four intakes, one main fan exhaust entry, three blowing fans, one belt entry, one escape hoist shaft entry, and one main haulage entry. The mine employs approximately 275 miners and 10 contract miners. Miners work 10-hour shifts, 5-days per week. The mine’s average daily coal production is approximately 12,757 tons using two continuous mining machines (CMM) and one retreating longwall. One of the CMM sections, coal is transported from the face using diesel ram cars, and then to the surface using conveyor belts. On the longwall section, coal is transported from the face directly to the surface using conveyor belts.
The Short-Circuit Calculation Program, developed by MSHA’s Approval and Certification Center, was used to evaluate the mine’s electrical system and predict the fault current available for 1,100 feet of No. 2 AWG G-GC trailing cables supplying 995 volts of power to the shuttle cars and 1,100 feet of No. 2 AWG-SHD-GC trailing cables supplying 995 volts of power to the roof bolters. The goal of the fault analysis is to determine 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 current available and the maximum distances from the substation according to the current mining plan.
The short circuit analysis indicated that adequate fault current was available to trip the 995-volt AC protective circuit breakers for 1,100 feet of No. 2 AWG G-GC trailing cables for the shuttle cars set at 800 amperes.
The short circuit analysis indicated that adequate fault current was available to trip the 995-volt AC protective circuit breakers for No. 2 AWG-SHD-GC trailing cables for the roof bolting machines set at 800 amperes.
The mine’s previously granted trailing cables petitions, Docket Number M-2023-027-C and Docket Number M-2012-096-C, have been combined with this new request under M-2026-006-C. Once this PDO becomes final, this order will supersede the previous orders and all terms and conditions found in M-2023-027-C and M-2012-096-C.
Conclusion
Based on the investigation discussed above, MSHA determined that the request outlined in the subject Petition for Modification will, at all times, guarantee no less than the same level of protection afforded to the miners under the standard, if the operator follows all of the manufacturer’s recommendations and adheres to the Terms and Conditions of the Proposed Decision and Order.
On the basis of the petition and MSHA’s investigation findings, and the foregoing reasons, Mountain Coal Company, LLC is granted a modification of the application of 30 C.F.R. § 75.503 at its West Elk 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. § 811(c), it is ordered that Mountain Coal Company, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.503 at West Elk Mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
Terms and Conditions
1. The maximum length of No. 4 AWG SHD‐GC trailing cables supplying 995 volts to the mobile roof support machines; No. 4/0 AWG SHD-GC and No. 2/0 AWG SHD-GC trailing cables supplying 995 volts to the continuous mining machines; the No. 2 AWG SHD‐GC trailing cables suppling 995 volts to the shuttle cars, roof bolting machines, and auxiliary face fans; and the No. 2 AWG G-GC trailing cables supplying 995 volts to the shuttle cars shall be 1,100 feet. The maximum length of No. 2 AWG SHD-GC trailing cables supplying 575 volts to the auxiliary face fans and roof bolting machines shall be 1,000 feet.
2. All circuit breakers used to protect the trailing cables shall have instantaneous trip units calibrated to trip at the currents indicated below. The trip setting of these circuit breakers shall be sealed or locked so that the setting cannot be changed and 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 the indicated cables. Replacement instantaneous trip units used to protect the trailing cables shall be calibrated to trip at the currents indicated below. 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
a. No. 4 AWG SHD‐GC trailing cables exceeding 600 feet in length for the 995-volt mobile roof support machines shall have instantaneous trip units calibrated to trip at 500 Amperes.
b. No. 2 AWG SHD‐GC and No. 2 AWG G-GC trailing cables exceeding 700 feet in length for the 995-volt shuttle cars shall have instantaneous trip units calibrated to trip at 800 Amperes.
c. No. 4/0 AWG SHD-GC trailing cables exceeding 1,000 feet in length for the 995-volt continuous mining machines shall have instantaneous trip units calibrated to trip at 2,500 Amperes.
d. No. 2/0 AWG SHD-GC trailing cables exceeding 850 feet in length for the 995-volt continuous mining machines shall have instantaneous trip units calibrated to trip at 1,500 Amperes.
e. No. 2 AWG SHD-GC trailing cables exceeding 700 feet in length for the 995-volt roof bolting machines and auxiliary face fans shall have instantaneous trip units calibrated to trip at 800 Amperes.
f. No. 2 AWG G-GC trailing cables exceeding 700 feet in length for the 575-volt roof bolting machines and auxiliary face fans shall have instantaneous trip units calibrated to trip at 750 Amperes.
3. All components that provide short‐circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available.
4. The trailing cables 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.
5. Prior to putting the subject equipment 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.
6. Permanent warning labels shall be installed and maintained on the covers of each circuit breaker and the trailing cable disconnecting device indicating that the 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.
7. 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.
8. Excessive cable shall be stored behind the anchor(s) on equipment that use cable reels to prevent cable(s) 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.
9. 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 11.
10. 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.
11. 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 Order changes or supersedes the requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or approved plans.
The petitioner shall include the above terms and conditions in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that miners are aware of the stipulations contained in this petition.
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.
Timothy R. Watkins
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 ele ctronic means this 9th day of July, 2026, to:
Christopher G. Peterson
Fisher & Phillips LLP
1125 17th Street, Suite 2400
Denver, CO 80202
cpeterson@fisherphillips.com
Counsel for Mountain Coal Company, LLC
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