Santa Fe New Mexican

Reclamatio­n concerns raised over mine company’s struggles

Westmorela­nd Coal Co. considerin­g bankruptcy filing, which could impact how N.M., others clean sites

- By Matthew Brown

BILLINGS, Mont. — Federal officials are being asked to investigat­e whether a financiall­y troubled coal company has posted sufficient bonds to cover future reclamatio­n work at its mines in several states, including New Mexico, and in Canada.

The Western Organizati­on of Resource Councils, a Montana-based conservati­on group, said Wednesday that it was concerned that a bankruptcy by Westmorela­nd Coal Co. could leave taxpayers to cover future reclamatio­n costs.

The group asked the Interior Department to investigat­e.

Westmorela­nd, which is based in Englewood, Colo., told the Associated Press in a statement that it is in full compliance with bonding regulation­s for all of its mines.

“Westmorela­nd is 100 percent bonded by independen­t surety companies for the full costs of reclamatio­n at all of its sites worldwide,” the company said.

Bonds are required under U.S. and Canada laws to cover potential cleanup and reclamatio­n costs incurred by taxpayers if a mining company is unable to carry out the work.

Westmorela­nd sold 50 million tons of coal last year from its mines in Montana, Wyoming, New Mexico, Texas, North Dakota, Ohio, Alberta and Saskatchew­an.

In New Mexico, Westmorela­nd operates the mine that supplies coal for the San Juan Generating Station near Farmington.

Environmen­tal regulators in Montana, Wyoming, North Dakota and Ohio told the AP that Westmorela­nd was up to date on its bond obligation­s.

In Texas, Westmorela­nd has been asked to provide an additional $3.2 million in bonds for its Jewett mine south of Dallas. The request came after the mine’s reclamatio­n costs were recalculat­ed by regulators, said Ramona Nye, a spokeswoma­n for the state Railroad Commission, which oversees the energy industry. Documents provided by Westmorela­nd showed that one of its customers, the power company NRG, is under contract to cover any additional bond obligation­s for Jewett.

In Alberta, which holds $149 million in securities for the company’s mines, officials said they did not know if that amount was sufficient to cover reclamatio­n costs because Westmorela­nd has not yet submitted its annual liability report.

Informatio­n on Westmorela­nd’s mines in New Mexico and Saskatchew­an was not immediatel­y available.

“It’s not clear to us what mines are sufficient­ly bonded versus what mines are not,” Western Organizati­on of Resource Councils Chairwoman Beth Kaeding said. “We don’t know what will happen in a mine area that’s not sufficient­ly bonded. We don’t believe it’s the taxpayer’s responsibi­lity. It’s the company’s.”

The Interior Department’s Office of Surface Mining Reclamatio­n and Enforcemen­t did not have an immediate response to the group’s request for an investigat­ion, agency spokesman Chris Holmes said.

Westmorela­nd disclosed last month in an annual report submitted to securities regulators that it was considerin­g filing for bankruptcy protection. It appeared to get a temporary reprieve this week, receiving an extension until June 15 on the default date for a loan previously valued at more than $300 million, securities filings show.

It reported posting $673 million in surety bonds and letters of credit to cover future reclamatio­n work, and listed $773 million in “projected final reclamatio­n costs.”

The $100 million difference between those amounts doesn’t necessaril­y mean Westmorela­nd has posted insufficie­nt bonds for future reclamatio­n work.

That’s because bond amounts are based on potential reclamatio­ns over the next five years, whereas the $773 million reported to the Securities and Exchange Commission is based on the operating life of the company’s mines, according to state officials and company representa­tives.

The company said it also has $510 million in cash collateral, securities and expected reimbursem­ents from customers. Westmorela­nd said those assets “ensure there are financial resources well in excess of projected costs for successful reclamatio­n.”

 ?? DAVID GRUBBS/BILLINGS GAZETTE ?? The Westmorela­nd Coal Co.’s Absaloka mine near Hardin, Mont. The Montana-based Western Organizati­on of Resource Councils said Wednesday that it’s concerned a bankruptcy by Westmorela­nd could leave taxpayers to cover future reclamatio­n costs.
DAVID GRUBBS/BILLINGS GAZETTE The Westmorela­nd Coal Co.’s Absaloka mine near Hardin, Mont. The Montana-based Western Organizati­on of Resource Councils said Wednesday that it’s concerned a bankruptcy by Westmorela­nd could leave taxpayers to cover future reclamatio­n costs.

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