Alpha Natural Resources Inc., Manslaughter, West Virginia 2010

At least 29 people were killed in the Upper Big Branch mine explosion on April 5, 2010, in Montcoal, West Virginia. The mine was owned by Massey Energy Company, whose operations came under Alpha’s control in a June 1, 2011, merger.

Alpha Natural Resources Inc. has agreed to make payments and safety investments totaling $209 million in connection with the criminal investigation of the explosion, announced Attorney General Eric Holder, U.S. Attorney R. Booth Goodwin II for the District of West Virginia and officials with the FBI and Department of Labor’s Office of Inspector General.

“The tragedy at Upper Big Branch will never be forgotten, and the families affected by it will never be made completely whole again. Today’s agreement represents the largest-ever resolution in a criminal investigation of a mine disaster and will ensure appropriate steps are taken to improve mine safety now and will fund research to enhance mine safety in the future,” said Attorney General Holder.

“There should never be another UBB, and this announcement is aimed squarely at that goal. For far too long, we’ve accepted the idea that catastrophic accidents are an inherent risk of being a coal miner. That mindset is unacceptable,” said U.S. Attorney Goodwin.

As part of a non-prosecution agreement, Alpha will invest at least $80 million in mine safety improvements at all of its underground mines, including those formerly owned by Massey. Alpha will also place $48 million in a mine health and safety research trust, to be used to fund academic and non-profit research that will advance efforts to enhance mine safety.

The remedial safety measures included in the agreement include the installation of digital monitoring systems in all its underground mines to continuously monitor compliance with ventilation requirements and to ensure mines are free of potentially explosive methane gas. Alpha will also implement a plan to ensure that each of its underground mines has the personnel and resources necessary to meet all legal requirements concerning incombustible material and accumulations of coal dust and loose coal.

The agreement announced today is the largest-ever resolution in a criminal investigation of a mine disaster. It addresses only the corporate criminal liability of the former Massey, not potential criminal charges for any individual.

Alpha Natural Resources Inc., a corporation, has agreed to the $209 million settlement. The settlement includes restitution of $46.5 million to the families of the 29 miners who died at UBB and to the two individuals who were injured. The company will also pay a total of up to $34.8 million in penalties owed to the Mine Safety and Health Administration (MSHA), including all penalties that arise from the UBB accident investigation.

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