US attorney investigating Massey mine accident in criminal probe

Washington (Platts)--10Apr2006


US Attorney Charles T. Miller "has accepted a criminal referral" from the Mine
Safety and Health Administration to investigate the fatal January 19 fire at
Massey Energy subsidiary Aracoma Coal's Alma No. 1 mine in Logan County, West
Virginia.

Two miners died in the accident.

Miller, the US Attorney for the Southern District of West Virginia, said
Thursday that his office "would thoroughly investigate the matter to determine
if any federal criminal laws have been violated."

Miller "was taking the unusual step of confirming the existence of an ongoing
criminal investigation because the matter had already received substantial
publicity and to reassure the community that the incident is being
investigated appropriately," spokeswoman Tracy Dorsey-Chapman told Platts
Friday. There would be no further comment from the office during the course of
the investigation, she said.

"Massey Energy cannot confirm or deny these reports," Massey spokesman Jeff
Gillenwater told Platts. "Aracoma Coal ... has been excluded from
participating in witness interviews being conducted by MSHA and neither
Aracoma nor Massey Energy have had any conversations with the US attorney's
office. Historically, mine operators have been allowed to participate fully in
fatal accident investigations by MSHA. This allows operators to obtain
additional information that is used to prevent similar accidents from
occurring in the future."

Aracoma is currently conducting its own investigation, Gillenwater said.
"Aracoma's efforts have been hampered by MSHA's decision to exclude Aracoma
personnel, but Aracoma and Massey Energy remain committed to determining the
causes of the accident and conducting safe operations. Massey Energy maintains
a safety rating far better than the national average."

"We can confirm the criminal referral to the US attorney's office as announced
[Thursday]," MSHA spokeswoman Amy Louviere told Platts Friday. "Meanwhile,
MSHA is proceeding with its civil investigation of the Aracoma Alma mine fire,
and we will issue our accident report as soon as possible after completion of
our investigation. As with all cases, the civil and criminal investigations
remain entirely independent and separate."

-- Steve Hooks, steve_hooks@platts.com

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