Alpha hit with another ‘imminent danger’ order

May 24, 2012 by Ken Ward Jr.

Here’s the latest Alpha Natural Resources disclosure to the U.S. Securities and Exchange Commission:
On May 18, 2012, Spartan Mining Company, a subsidiary of Alpha Natural Resources, Inc., received an imminent danger order under section 107(a) of the Mine Act alleging that smoke was encountered in the Road Fork #51 Mine (the “Mine”), located near Pineville, WV, and requiring withdrawal of the miners, except certified foremen necessary to locate the source of the smoke.  A slipping conveyor belt was promptly identified as the source and repaired.  No fire was discovered, and all air readings indicated that no fire or combustion had occurred in the Mine.  The order was subsequently terminated on May 21, 2012.  No injuries occurred as a result of the cited condition.
UPDATED:
NPR’s Howard Berkes is reporting tonight that this order issued at Road Fork has prompted a massive inspection sweep by MSHA of former Massey mines now owned by Alpha. As Howard explains:
Dozens of federal mine safety inspectors descended into 43 coal mines in three Appalachian states Wednesday in a massive, one-day blitz targeting mines once owned by Massey Energy.

A source familiar with the inspections say they were focused on conveyor belts used to transport coal underground. The source is not authorized to discuss the inspections publicly and spoke on the condition of anonymity.

A fire involving a conveyor belt in Massey’s Aracoma Alma Mine [PDF] in West Virginia in 2006 led to the deaths of two coal miners, corporate criminal charges against the company and more than $4 million in civil and criminal fines.

MSHA spokeswoman Amy Louviere confirms that Wednesday’s massive inspection blitz was prompted by a recent incident involving a burning conveyor belt at Alpha’s Road Fork #51 mine in Wyoming County, W. Va., which was also once owned by Massey.

Activists board coal barge, block haul road

May 24, 2012 by Ken Ward Jr.

Here’s what citizen activists say is happening this morning here in West Virginia:

Mountain Justice and RAMPS activists blocked coal transport in two locations Thursday morning. Five boarded a barge on the Kanawha River near Chelyan, with a large banner that read “Coal leaves, cancer stays,” and locked their bodies to the barge. At the same time, dozens of concerned citizens obstructed access to the haul road on Kayford Mountain, stopping coal trucks from entering or leaving the Republic Energy mine.

“These actions against coal transport were taken because the viability and health of mountain communities are being destroyed by mountaintop removal—the coal and the profits are shipped away, leaving disease and destruction in their wake,” Rebecca Loeb, one of the people on the barge said.

 

Another take on Appalachian Power and coal

May 24, 2012 by Ken Ward Jr.

If you’re interested in West Virginia energy issues and you aren’t reading Bill Howley’s blog, The Power Line, you should be. It’s about a lot more than power lines.

With two posts this morning, Bill offers some interesting thoughts on stories today in the Gazette and the Daily Mail about the new public relations push by Appalachian Power regarding its proposal to acquire additional coal-generated capacity from a sister American Electric Power unit.

First, in commenting on my Gazette story, Bill writes:

The main thing driving AEP’s changes, however, is the deregulation of how electricity is sold in OH, AEP’s base of operations.  AEP’s Ohio Power now have to compete with other power companies.  AEP has to keep OH rates as low as possible, so Ohio Power can no longer afford to get their power from expensive coal-fired plants.  AEP is dumping its Ohio Power shares in WV coal plants because electricity from those plants is too expensive to sell in the newly deregulated OH markets.

So who ends up with those expensive-to-run obsolete coal plants?  APCo’s WV rate payers.  Yes, AEP is playing its WV rate payers for chumps.  Again.

AEP is dumping its coal-fired generation capacity on WV because WV is a regulated market where APCo can recover all its expensive fuel costs, as well as its capital costs, from consumers without having to face the rate competition the company faces in OH.

Read the rest of this entry »

Appalachian Power and the future of coal

May 24, 2012 by Ken Ward Jr.

We had an interesting story in today’s Gazette based on comments from Appalachian Power President Charles Patton during a meeting yesterday with some newspaper editors here.

During our discussion, Mr. Patton made it clear — as AEP has going back to the day it announced the closures — that the aging, inefficient coal-fired power plants it has targeted for retirement were headed that way, regardless of any new air pollution restrictions from the U.S. Environmental Protection Agency. As we reported:

“The stuff that isn’t scrubbed, the greenhouse gases aren’t the issue,” Patton said. “They’re just so old that it doesn’t make sense to spend the money to make them comply with the existing rules. Under any scenario you looked at, regardless of EPA rules, all those plants were gone anyway.”

Patton also was clear about what’s driving the economics right now for utilities:

Patton predicted that no companies would build any new coal-fired generation anytime soon. He said that low natural gas prices, and not EPA’s proposed rules to limit greenhouse gas emissions are the reason.

“Nobody is building any new coal,” Patton said. “The economics just aren’t there.

“Gas is just so cheap,” he said. “You cannot deny that natural gas is the fuel of choice.”

Patton said that advances in natural gas drilling — such as horizontal drilling and hydraulic fracturing — that have created a boom in the Marcellus Shale region have reduced industry concerns about the price volatility of natural gas over the long term.

“I don’t care what you read, I don’t think anybody is going to build a coal plant, given natural gas prices,” Patton said. “It’s just economics.”

Read the rest of this entry »

Telling it like it is on W.Va. energy policies

May 23, 2012 by Ken Ward Jr.

If some of the early posts are any indication, The State Journal’s new “Grounded” blog is a welcome addition to the journalism scene regarding energy policy in West Virginia. State Journal reporters Pam Kasey and Taylor Kuykendall were already churning out tons of energy coverage, and it looks like they’re going to be doing even more with their publication’s new blog.

Of particular importance is the sort of coverage that Pam Kasey has given so far on the blog to a political event by Republican Senate candidate John Raese and the reaction to it by incumbent Sen. Joe Manchin.

First, in a post headlined Is Senate candidate Raese obfuscating energy issues? called out the nonsense Raese pulled at an event held at the Albright Power Station in Preston County, writing:

The event was misleading from the moment the release went out inviting the media to “a major announcement on the regulatory nightmare of cap and trade here in West Virginia.” Cap and trade died in the Senate in 2010 and shows no signs of being resurrected any time soon.

She continued:

First, about FirstEnergy’s power plant closures. The utility announced in February that it would close its Albright, Rivesville and Willow Island stations by September, citing at the time upcoming environmental regulations as a primary factor.

FirstEnergy has since explained in filings with the Public Service Commission of West Virginia that the small, old, inefficient plants are a financial drain on the company; the fact that it is closing the plants well in advance of the Jan. 1, 2015, effective date of the primary environmental regulations it cites supports that. This was reported by The State Journal in April and in May.

Raese’s statement clings to the idea that environmental regulations are the only reason for the closures. But the fact is, these generating units are all more than 50 years old, some much older. They aren’t up to current technological standards — that includes environmental standards but also standards of efficiency.

Read the rest of this entry »

Arch Coal hit with 2 ‘imminent danger’ orders

May 23, 2012 by Ken Ward Jr.

Here’s the disclosure Arch Coal made earlier this week to the U.S. Securities and Exchange Commission:

 On May 15, 2012, Mountain Coal Company, L.L.C., a subsidiary of Arch Coal, Inc., received an imminent danger order under section 107(a) of the Mine Act due to a non-inert atmosphere in a mined out area at the West Elk Mine located in Somerset, Colorado. Mine personnel immediately took corrective action and the order was terminated.

On May 16, 2012, Cumberland River Coal Company, Inc., a subsidiary of Arch Coal, Inc., received an imminent danger order under section 107(a) of the Mine Act due to deterioration of a section of the mine roof at the Trace Fork 1 Mine located in Appalachia, Virginia. Mine personnel immediately took corrective action and the order was terminated.

 

EPA, the Spruce Mine and the future of coal

May 22, 2012 by Ken Ward Jr.

Today’s New York Times included another editorial about the Spruce Mine, (see previous ones here, here and here) this one praising the Obama administration for appealing a judge’s decision that overturned the U.S. Environmental Protection Agency’s veto of that permit:

The administration is right to stop this mine as part of its broader campaign to halt a ruinous and unnecessary practice.

Harvard law professor Richard Lazarus recently criticized the judge’s Spruce Mine decision in an article for the Environmental Forum, published by the Environmental Law Institute, and we’ve seen in recent days that the coal industry’s claims that tougher mountaintop removal permit reviews by EPA would destroy the coal industry simply haven’t proven to be true.

If you haven’t read it, it’s worth checking out Monday’s Charleston Gazette editorial about climate change, which concluded:

West Virginia’s energy should not be squandered on a shortsighted attempt to protect the status quo, or to discredit science in the public’s eyes, or to vilify the Obama administration’s very reasonable proposal that new coal-fired power plants be required to limit their greenhouse gas emissions. West Virginia should put its energy into getting people ready to work in a world after coal.

‘Banning cars that fly’: Coal faces the market

May 21, 2012 by Ken Ward Jr.

West Virginia political leaders and media personalities don’t much like it when some uncomfortable facts get interjected into their “war on coal” narrative about the Obama administration and the efforts of the U.S. Environmental Protection Agency to reduce coal’s impacts on the environment, public health, and the global climate.

Hoppy Kercheval over at West Virginia MetroNews was reduced to babbling about “environmental extremist acolytes“  in a commentary in which he tried almost desperately to avoid talking about how the Obama administration’s crackdown on mountaintop removal hadn’t brought the coal industry crashing down after all — that the number of coal miners working in West Virginia has actually increased since President Obama took office. Hoppy made brief mention that “some in the anti-coal crowd” are pointing to these facts, but he couldn’t be bothered to actually give readers of his commentary the actual figures.

I doubt anyone really expects much discussion of these positive employment figures during the series of taxpayer-funded meetings the Coal Forum is hosting starting tomorrow here in Charleston to provide the industry a forum to attack President Obama.  Industry officials and their political allies are likely to talk more about the layoffs that have been announced in the coal industry so far this calendar year. By my quick count, those layoffs confirmed as occurring in West Virginia add up to roughly 600 workers. Even if you account for those layoffs, though, coal employment remains above pre-Obama levels. Some companies have announced larger figures for their layoffs, but haven’t specified how many job losses occurred in West Virginia (see here and here).  Even if all of those jobs losses were counted, total coal-mining employment in West Virginia still increased for nine straight quarters, through the first quarter of 2012 (See comments section below).

What you can expect to hear about is a fairly recent report issued by Bloomberg Government, “The Twilight of Coal-Fired Power? The EPA’s New Standards for Greenhouse Gases.” The Coal Forum has promoted the report on its website, and copies are being distributed to the local media. The Coal Forum’s site listed these three conclusions, quoted word-for-word from the Bloomberg report:

• New coal plants would effectively be banned because their emission rate is almost double that of the proposed standard.

• The new policy probably wouldn’t shift current investment patterns in the power sector. Natural-gas plants already have a compelling price advantage.

• Although the rule makes room to build coal plants that incorporate carbon capture and storage technology, coal plants with CCS probably won’t be built unless Congress enacts new programs to subsidize them.

Wait a second … did I read that right? Here’s that second conclusion again:

The new policy probably wouldn’t shift current investment patterns in the power sector. Natural-gas plants already have a compelling price advantage.

Read the rest of this entry »

Alpha Natural Resources cited in March mine death

May 21, 2012 by Ken Ward Jr.

West Virginia regulators this afternoon are releasing the report of their investigation into the March death of  34-year-old Jeremy Sigler at Alpha Natural Resources subsidiary Kingston Resources Inc.’s Kingston No. 2 Mine.

Readers may recall that Sigler was killed when he was struck by material from the collapse of a wall at the underground mine, one of two Kingston subsidiary operations in the Mossy area of Fayette County, W.Va.

The state Office of Miners’ Health, Safety and Training issued 44 notices of violation and one notice of special assessment (which carries more significant fines) that specifically the company’s failure to control the mine rib in the area where the death occurred. “This violates a health or safety provision or safety rule and is of a serious nature and involves a fatality,” the state report said.

State inspectors also issued five “individual personal assessments” citing Alpha mine managers for not performing adequate pre-shift safety examinations at the Kingston No. 2 Mine.

So far in 2012, two West Virginia coal miners have died in on-the-job accidents, and both were killed at Alpha operations. Last week, 57-year-old Clyde Dolin was killed at Alpha subsidiary Independence Coal’s Liberty Processing plant in Boone  County. For the record, while Liberty Processing is a Massey legacy operation, the Kingston mine was part of Alpha prior to the Massey buyout.

Here’s an MSHA photo of the accident scene at the Kingston operation:

Swint: Rep. Capito’s EPA attacks a ‘fool’s errand’

May 21, 2012 by Ken Ward Jr.

Here’s the latest from Vicki Smith over at The Associated Press:

The Democrat looking to unseat Republican Rep. Shelley Moore Capito attacked her Monday for criticizing the EPA, saying she was polarizing debate and furthering a myth that coal is all West Virginia has.

Howard Swint, who is challenging the incumbent in the state’s 2nd District race, went after Capito for accusing the federal Environmental Protection Agency of being anti-coal.

The EPA signaled last week that it intends to appeal a federal court ruling overturning its veto of a key water pollution permit for one of West Virginia’s largest mountaintop removal mines.

Read the rest of this entry »

Blankenship, Jim Justice pal around at the Derby

May 21, 2012 by Ken Ward Jr.

In a sidebar to a larger piece about how contributors to Kentucky Gov. Steve Beshear’s political campaign got help getting Kentucky Derby tickets, the Courier-Journal in Louisville had this interesting tidbit today:

Don Blankenship, the controversial former chief executive of Massey Energy, was part of Gov. Steve Beshear’s Derby Day entourage this year.

Blankenship was aboard the CSX train that took Beshear, other top state officials and guests from Frankfort to Louisville and back on Derby Day, state records show. And his name is on a list of people invited to Beshear’s Derby Eve Gala at the Governor’s Mansion.

Courier-Journal statehouse reporter Tom Loftus continues:

Richardson said Blankenship was the Derby weekend guest of two West Virginia businessmen who were invited to Beshear’s private Derby activities — James Justice II and his son, James Justice III.

“Mr. Blankenship … was not directly invited by the administration. It’s not uncommon for guests to the Gala or train to request several invitations for friends or family,” Richardson said.

Blankenship is listed in state campaign finance records as giving $1,000 to Beshear’s re-election campaign last year. Meanwhile, the Justices, who have significant energy and agriculture interests in Kentucky and elsewhere, were among the largest contributors to Beshear’s political causes last year. The family gave $100,000 to Beshear’s inauguration fund, $50,000 to the Kentucky Democratic Party and $121,600 to the Democratic National Committee.

It’s especially interesting that Blankenship and Justice are hanging out together, given that Blankenship’s public image isn’t necessarily that positive anymore in West Virginia, while Justice — despite his mining operation’s frequent violation of safety laws — continues to generate overwhelmingly favorable press.

 

Friday roundup, May 19, 2012

May 18, 2012 by Ken Ward Jr.

In this May 2, 2012 photo, Jeff Moline grooms and compacts a coal pile after a rainstorm degraded the pile at  at the Sherco power plant in Becker, Minn.   (AP Photo/The St. Paul Pioneer Press, Jean Pieri)

One of the more interesting pieces this week was a story in Scientific American, relating the results of a study published in Science, about surprise workplace safety inspections:

Costly safety upgrades, nitpicky government inspection and resulting fines are often blamed as being bad for business. But a new study shows that when government job-safety inspectors make a surprise visit, they actually enable companies to save money—and jobs—for years to come.

Occupational safety has improved immensely over the decades, but in industries with traditionally high injury rates, such as manufacturing, lumber or food processing, work is still dangerous, putting employees at risk and leaving employers vulnerable to expensive accidents. But how much can just one safety inspection help?

Quite a bit, the new analysis suggests: Just one inspection saved companies 26 percent on workers compensation claims over five years.

Of 818 companies with more than 10 employees, the 409 that were randomly selected for inspections saved an average of $355,000 over five years in worker injury claims and compensation at each firm, compared with the other 409 similar companies that were not inspected.

Also this week, SNL Financial published an updated report on safety violation disclosures coal companies filed with the U.S. Securities and Exchange Commission:

Coal mines operated by Alpha Natural Resources Inc. were assessed more proposed fines for federal safety and health violations in the first quarter than all other public coal companies combined with total fines well above $5 million — a level roughly consistent with previous quarters following Alpha’s acquisition of troubled Massey Energy Co.

Alpha operates 145 active coal mines, the most of any U.S. public coal producer, and many of those operations are underground mines in Central Appalachia, where more complex mining, with larger workforces, tends to occur and often results in more safety violations than at large-scale surface mines in the western United States. Still, assessments issued to Alpha by the U.S. Mine Safety and Health Administration have shown no significant decline since Alpha’s June 2011 acquisition of Massey, suggesting the company continues to struggle to bring legacy Massey mines into compliance.

  Read the rest of this entry »

Coal PR firm set up state’s anti-Obama meetings

May 18, 2012 by Ken Ward Jr.

Most local readers have probably seen the billboards proclaiming that Appalachia is the Obama adminisration’s “No Job Zone,” citing the U.S. Environmental Protection Agency’s efforts to curb the damage being done by mountaintop removal, reduce toxic air emissions from coal-fired power plants, and save the global climate from greenhouse gas pollution.  Of course, those signs are brought to us by one of the coal industry’s many front groups, this one called the “Foundation for American Coal, Energy and Security,” or “FACES of Coal.

FACES of Coal is organized, at least in part, by Brown Communications, a Charleston-based public relations firm operated by former West Virginia Commerce Commissioner (and Gazette wine blogger) John Brown and his son, Bryan.

Now, we’ve written before here on Coal Tattoo about this series of meetings next week being held by the taxpayer funded Coal Forum to “discuss EPA’s War on Coal.” Meetings are planned in Charleston, Beckley and Wheeling where members of the state’s congressional delegation and United Mine Workers President Cecil Roberts are scheduled to attack President Obama and EPA, and outline their plans for trying to defeat the president’s agenda on coal-related issues (and who knows — perhaps discuss the coal industry’s plans to defeat the president’s re-election bid).

But yesterday, I found out — through a Freedom of Information Act request to the Tomblin administration — who the state has hired to plan and promote these meetings … and guess who it is:

That’s right … Brown Communications. The same folks who are promoting the anti-Obama campaign of the coal industry are being paid by state taxpayers to, well, do the same thing. If you missed it, as I wrote earlier this week, the Coal Forum is a state effort set up by statute to, among other things, conduct “coal advocacy programs.”  Over the last two years, state lawmakers have specifically earmarked about $60,000 for the Coal Forum. The group is co-chaired by Chris Hamilton, a vice president and lobbyist for the West Virginia Coal Association, and Fred Tucker of the United Mine Workers union, so the group has always billed itself as an industry-labor effort. In the past, the Coal Forum may have worked on educational events about important mine safety issues. But the “events” section of its Website shows it has increasingly been putting resources into attacking the Obama administration and EPA.

When I checked in with Chris Hamilton yesterday, he told me that the Coal Forum’s relationship with Brown Communications was nothing new:

The Coal Forum has had a relationship with Brown Communications for probably 15 years. it’s helped with logistics and setup work for various educational events such as the ones next week.

Read the rest of this entry »

Another Alpha miner dies on the job

May 17, 2012 by Ken Ward Jr.

Here’s the news today from the U.S. Mine Safety and Health Administration:

A fatality has occurred at Alpha’s Liberty Processing site … The accident occurred at approximately Noon today. It was reported that a miner fell approximately three stories near the elevator in the preparation plant. District 4 personnel have responded from the Madison, WV field office and a 103k Order issued.

An investigation will be conducted by MSHA.

 UPDATED: Here is some additional information from the West Virginia Office of Miners’ Health, Safety and Training —

Clyde W. Dolin, 57, of Danville fell approximately three stories at Liberty Processing in Boone County this afternoon.  Mr. Dolin was pronounced dead at Boone Memorial Hospital.  He had 39 years mining experience, including 13 at this plant.  He was a mechanic.

  Read the rest of this entry »

W.Va. coal-mining jobs on rise under Obama

May 17, 2012 by Ken Ward Jr.

There’s no doubt that next week’s taxpayer-funded coal industry pep rally against President Obama and the U.S. Environmental Protection Agency will feature industry officials and their political supporters arguing that the current administration’s policies are killing the coal industry, and putting West Virginians out of work.

Republican political operatives – folks that probably wish Don Blankenship would run for governor — are already gearing up their spin that West Virginia has “fewer coal miners” because of President Obama and EPA.

But over at the West Virginia Center for Budget and Policy, Ted Boettner dares to try to insert some facts into this whole discussion. Writes Ted:

While the Obama administration and the EPA may be taking a harder look at mountain top removal mining permits, a quick look at coal mining employment in West Virginia reveals that since Obama took office in the winter of 2009 coal mining employment has grown by over 1,500 jobs or by 7.4%. If we measure from the end of the national recession in June 2009 (or the 2nd Quarter of 2009) to the third-quarter of 2011 (the latest available data), employment in the coal mining industry has grown by 3,100. For comparison, total employment in West Virginia has only grown by 2.9% over this period.

Here’s the chart, which supports what we’ve previously published in the Gazette on this issue:

 

W.Va. taxpayers fund anti-Obama coal campaign

May 16, 2012 by Ken Ward Jr.

Folks in West Virginia may have heard about a series of upcoming events aimed at attacking President Obama and his Environmental Protection Agency’s efforts to reduce the coal industry’s impacts on the environment, public health and the global climate system.

A group called “The Coal Forum” is sponsoring the events, which include meetings next week in Charleston, Wheeling and Beckley. Listed speakers include Congresswoman Shelley Moore Capito, Congressman Nick Joe Rahall, Congressman David McKinley and UMWA President Cecil Roberts. Next week’s meetings are described on the Coal Forum’s website as events:

… To discuss EPA’s War on Coal and, specifically, the agency’s greenhouse gas and Utility MACT proposed rules.

These rules will significantly affect West Virginia jobs, and in fact, have already resulted in the announced premature closure of several state power plants. The purpose of the Coal Forum events are to increase awareness of the harmful impacts these rules will have on the economy of Appalachia and to discuss strategies for reversing them.

What you may not realize is that these events are sponsored and paid for by West Virginia taxpayers.

You see, the Coal Forum is kind of a creature of state statute. Check out W.Va. Code 22A-6-7. Generally, this is a section of law concerning state mine safety boards and technical committees related to those boards. But it includes a little bit of language that charges the State Coal Mine Safety and Technical Review Committee with this duty:

Provide a forum for the resolution of technical issues encountered by the board, safety education and coal advocacy programs.

Over the last two years, the state Legislature (and the governor) have specifically earmarked nearly $60,000 for the “Coal Forum” (see here and here).

The Coal Forum’s promotional materials for next week’s events say:

Stakeholders in West Virginia’s mining economy – industry leaders, mining personnel, association representatives, local legislators and policy leaders – are encouraged to attend.

There’s no mention of having any public health professionals, environmental quality experts, or anyone else who might dare to question the standard industry line about Obama’s “war on coal.” Remember, those are your tax dollars at work.

Another blast from the past: Dave Callaghan says Manchin, coal hijacked W.Va. Democratic party

May 16, 2012 by Ken Ward Jr.

When last we heard from former West Virginia environmental regulator David C. Callaghan, he had written a pretty hard-hitting op-ed piece critical of mountaintop removal and the state political leadership that supports that practice. This morning, Callaghan has another must-read commentary in the Gazette, this one focused on the presidential election and the effort by the coal industry and its political friends to churn up concern about the Obama administration’s supposed “war on coal.”

Callaghan focuses his criticism on Democratic Sen. Joe Manchin, saying:

Our junior senator, whose party affiliation is called into question, has repeatedly joined the opposition to thwart the president and the goals of the Democratic Party. The junior senator says that he is a Democrat and will always be. A close look at his political history proves otherwise.

Why is Sen. Manchin such a big critic of the Obama administration? Here’s what Callaghan says:

It’s about money! As long as the EPA and Obama are depicted as the “enemies of the people,” the captains of the extractive industries (who are mostly Republicans) will flood his campaign coffers as they have done for a very long time.

In return, his regulatory agencies, the DEP and the Office of Miners Health, Safety and Training, have presided over the greatest destruction of renewable resources and the two most deadly mine disasters in decades.

Read the rest of this entry »

Alpha contractor cited in Virginia miner’s death

May 15, 2012 by Ken Ward Jr.

The U.S. Mine Safety and Health Administration has issued the report on its investigation of the December 2011 death of a miner at an Alpha Natural Resources contract mine in Virginia, and it’s not very pretty. Here’s the overview:

On Wednesday, December 7, 2011, at 7:33 a.m., Richard N. Yonts, a 49-year-old excavator operator with 20 years of mining experience, was fatally injured while loading haul trucks in a strip pit. The victim was operating a Komatsu PC 400 excavator, loading shot material from the active pit into a Komatsu 785 haul truck. A portion of the highwall collapsed onto the operator’s compartment of the excavator, resulting in fatal injuries.

The day before the accident, hazards were observed in the highwall by mine management, and afterward, mine management constructed an inadequate barricade to prevent access to the hazardous pit area. The hazards observed in the highwall and documented by mine management the day before the accident, were not reviewed by mine management the day of the accident. The hazards observed by mine management in the highwall during the pre-shift examination performed on the day of the accident, were not eliminated or mitigated by mine management.

The incident occurred at Fairbanks Coal Company’s Fairbanks No. 4 Mine in Wise County, Va., a contract operation that supplied coal to Alpha’s Pigeon Creek Processing Plant. The mine has since stopped producing coal.

MSHA investigators concluded:

The accident occurred because of management’s failure to provide adequate oversight of the mining process, to conduct proper examinations, and to comply with the mine’s Ground Control Plan. Management chose to use a modified blasting procedure, due to the presence of overland high voltage lines, and this procedure created instability in the Redwine pit highwall. A hazardous highwall condition developed as the Redwine pit was mined and the condition was not posted conspicuously to warn miners of the danger. As mining continued on a subsequent shift, the hazardous condition along the Redwine pit highwall continued to exist due to lack of communication between shift managers, and an inadequate examination of the highwall by day shift foremen. The victim was directed by mine management to operate an excavator in a manner that placed the excavator cab adjacent to the unstable highwall. As he was loading previously blasted shot material into haul trucks, a portion of the highwall collapsed, entrapping and fatally injuring the victim in the cab of the excavator.

MSHA inspectors issued six enforcement orders that concluded the company demonstrated an unwarranted failure to comply with safety rules.

Coal River again makes ‘most endangered’ list

May 15, 2012 by Ken Ward Jr.

The Coal River runs by the Alpha Natural Resources Goals Coal processing plant, near Marsh Fork Elementary School, in Raleigh County. Photo by Vivian Stockman

Here’s the announcement this morning from the group American Rivers:

American Rivers named the Coal River among America’s Most Endangered Rivers today, shining a national spotlight on the threat mountaintop removal mining poses to clean water and public health. The announcement of the Coal is particularly timely, with the nation commemorating the 40th anniversary of the Clean Water Act this year, and Congress considering drastic rollbacks to clean water safeguards.

The Coal River has made this list before, and here’s what American Rivers has to say this year:

The extremely destructive practices of mountaintop removal mining and valley fills that bury and poison headwater streams pose a dire threat to the health of the Coal River and surrounding communities. Some of the largest strip mines in Appalachia exist in the Coal River basin. Approximately 20 percent of the river’s watershed is permitted for coal mining, and one-third of that area has already been mined. Over 100 miles of headwater streams have already been buried in the watershed.

Cindy Rank, mining chair for the West Virginia Highlands Conservancy, said:

In the last couple of years, much positive attention has been given and energy expended to entice local involvement and enjoyment of the lower reaches of the Coal River in Kanawha County. And yet the smaller headwater streams miles upriver continue to be buried and polluted by giant coal mining mountaintop removal operations. It is here in these headwaters where the life and health of the river begins. And it is here where the connections between the health of the environment and the health of the people are most apparent. Protecting these small streams is essential for the long term health of both.

Goodwin announces Alpha deal safety panel

May 14, 2012 by Ken Ward Jr.

United States District Attorney R. Booth Goodwin II, left, and top Assistant U.S. Attorney Steve Ruby announces a $210 million agreement with Alpha Natural Resources Inc., in Charleston W.V.,  Tuesday Dec. 6, 2011,  in connection with the criminal investigation of events surrounding the April 5, 2010 explosion at the Upper Big Branch mine that killed 29 men.  (AP Photo/The Charleston Gazette, Chris Dorst)

Here’s the announcement being made this morning:

U.S. Attorney R. Booth Goodwin II today announced that he has approved the selection of three leading experts in mine safety and health and workplace safety and health to serve as members of the board of directors of the $48 million Alpha Foundation for the Improvement of Mine Safety and Health. The Foundation was created as part of a December 2011 agreement between the U.S. Attorney’s Office for the Southern District of West Virginia and Alpha Natural Resources arising from the Upper Big Branch mine explosion. Selected to lead the research foundation board are Dr. Keith A. Heasley of West Virginia University’s College of Engineering and Mineral Resources; Dr. David H. Wegman, Emeritus Professor of Work Environment at the University of Massachusetts (UMass) Lowell; and Dr. Michael E. Karmis, professor and director of the Virginia Center for Coal and Energy Research at Virginia Tech.

A press release from Goodwin’s office explains:

The Foundation is an independent entity that will fund mine safety and health research and development without involvement from Alpha or the United States Attorney’s Office. It will operate under the supervision of the directors announced today. The Foundation plans to hold a kick-off meeting this summer where the directors will begin setting priorities for funding. 

Under the December non-prosecution agreement, Alpha agreed to make payments and safety investments totaling $209 million in connection with the criminal investigation of events surrounding the April 5, 2010 explosion at the Upper Big Branch mine.  Those payments include the investment of $48 million in the Foundation, which will fund academic and non-profit research.

Goodwin said:

Drs. Heasley, Wegman, and Karmis are leaders in mine safety and workplace safety, and I am pleased they have agreed to serve on the Foundation’s board. Each board member brings many years of research experience and world-class expertise that will help the Foundation foster life-saving advances in mine safety and health.

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