West Virginia, Alpha Propose $300 Million-Plus Deal on Mine Cleanup

On Thursday, the West Virginia Department of Environmental Protection announced a multi-million dollar agreement with one of the state’s largest coal operators – one that’s currently in bankruptcy court.

The deal was struck in light of concerns over whether or not the company would be able to pay for cleanup of mines after bankruptcy.

The DEP has been working with Alpha Natural Resources to come up with a plan to deal with the environmental legacy of the company’s mining operations.

Alpha announced in February it would sell its most profitable operations to pay off creditors. Many state officials worried that those sales won’t bring in enough money to cover all of Alpha’s reclamation obligations, leaving the state to pay for the cleanup. In the agreement, Alpha assures the DEP that bonds posted to obtain mining permits in the first place would remain in place.

Additional funds will be posted to cover reclamation costs at both active and inactive mines, as well as water treatment obligations.  $300 million in total would be set aside – 80 percent of that for projects in West Virginia.

The agreement still needs further approval before it becomes binding. Alpha has to get the go-ahead from other states where mines also exist, as well as from other U.S. agencies. The plan must also be approved in bankruptcy court. If approved, the sale and plan should be complete by the end of July.

Judge Denies Millions in Restitution in Ex-Coal CEO Case

A judge has ruled that an ex-energy company CEO does not have to pay $28 million in restitution related to a mine explosion in 2010 that killed 29 men.

In her order issued Monday, Judge Irene Berger said ex-Massey Energy CEO Don Blankenship doesn’t have to pay Alpha Natural Resources for legal fees paid for former Massey employees, cooperation with investigators and fines.

Blankenship was convicted Dec. 3 of a misdemeanor conspiracy to willfully violate mine safety standards at Upper Big Branch Mine. The southern West Virginia coal mine exploded in 2010.

Berger wrote that Alpha incurred the financial hardships at least a year after Blankenship’s indictment period, after Alpha bought Massey in 2011 and voluntarily entered a non-prosecution agreement with the government.

Blankenship’s sentencing is Wednesday. He faces up to a year in prison and a $250,000 fine.

Alpha declined to comment Monday.

Bankrupt Coal Producer Alpha Announces More Planned Layoffs

Bankrupt coal producer Alpha Natural Resources has announced planned layoffs in West Virginia for the third time in a month.

Media outlets report that Bristol, Virginia-based Alpha announced Friday that it sent 60-day layoff warning notices for more than 230 miners at four mines and one processing plant operated by Brooks Run Mining in Braxton and Webster counties.

Alpha cites tough market conditions that have dramatically reduced the demand for coal.

Last week Alpha announced the immediately layoff of 93 miners at Kingston Mining Inc. in Fayette County. Last month the company sent 60-day layoff notices for 831 miners and dozens more support staff at eight underground mines and two processing plants in Boone and Raleigh Counties.

Alpha filed for Chapter 11 bankruptcy protection in August.

Alpha Issues Layoff Notices to 886 Miners

Alpha Natural Resources says it plans to lay off 831 miners and dozens more support staff in southern West Virginia as a result of the downturn in the coal industry.

Bristol, Virginia-based Alpha announced Monday it has sent 60-day layoff warning notices to Boone and Raleigh counties.

The announcement includes 468 miners and 40 support staff at five underground mines at Marfork Coal Co. in Naoma and Whitesville, and 363 miners and 15 support staff at three underground mines at Elk Run Coal in Sylvester and Whitesville.

The notice says the layoffs will occur around March 25.

Alpha says the layoffs are the result of an oversupply of coal in the marketplace and dramatically reduced demand that has driven down prices to “unsustainable levels,” particularly for central Appalachian coal.

Alpha Founder, Others Object to Benefits Termination

Alpha Natural Resources founder, chairman and CEO Michael J. Quillen and other retirees are objecting to the coal operator’s plan to terminate their health care and other benefits.

In a Tuesday filing, the retirees say they haven’t been provided sufficient time to analyze Alpha’s plan and respond. They asked the U.S. Bankruptcy Court in Richmond on Tuesday to delay a Nov. 17 hearing.

Bristol, Virginia-based Alpha asked the court on Nov. 3 to allow it to terminate the non-pension benefits of more than 4,500 non-union retirees, eligible spouses and dependents.

Quillen says in a news release that eliminating the benefits “goes against the values the company was built on.”

Alpha filed for Chapter 11 bankruptcy on Aug. 3. The company has operations in Virginia, West Virginia, Kentucky, Pennsylvania and Wyoming.

Alpha to Idle Two Southern West Virginia Mines, Lay Off 92

Alpha Natural Resources plans to idle two coal mines in southern West Virginia and lay off 92 workers at the end of November.

The Register-Herald reports that state and Raleigh County officials received a letter on Tuesday from Alpha notifying them of the layoffs.

Alpha’s letter says the Bristol, Virginia-based company plans to idle the Edwight Source Mine and Independence Coal Company’s Tunnel Mine on November 30.

The letter attributes the mines’ idling to adverse market conditions.

The Edwight mine employs 79 workers and the Tunnel Mine employs 13 workers. The layoffs are expected to be permanent.

In September, Alpha announced that it planned to close a mine in southwestern Pennsylvania and three mines in Virginia in November.

Alpha filed for Chapter 11 bankruptcy on August 3.

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