A Bit Late, Rio Tinto Files for Electric Permit for Eagle Mine

In September Headwaters reported that Rio Tinto was busy running power all the way from a coal-fired power plant in Marquette, Michigan, to their planned Eagle Mine—a roughly 35-mile run. State regulators were confused over how to interpret current mining laws and offered conflicting statements on what was required of the company.

The company has already constructed 22 miles of power lines, running along County Road 550, and is nearly done running an additional 13 miles of underground cable that ends right outside the mine’s main gate. According to Michigan law, the work has been done illegally.

Part 632, which regulates nonferrous mining in Michigan, states clearly that “construction of utilities or extension of existing utilities” is considered to be “mining activity” and is illegal without a permit from state regulators. After two years working on the electrical extension, Rio Tinto has only now decided to apply for a permit to cover the little bit of the line that brings it from the road into the mine site.

With a little creativity and help from an obliging state regulatory structure, Rio Tinto has readily been able to get around Michigan’s mining law. First, with the bold claim that it could legally run a 6-megawatt, 35-mile power line to a building in the middle of the mine site so long as the company pretends it isn’t related at all to mining activity.

Perhaps even more absurd, Rio Tinto, which paid for the entire $6.4 million cost of the power extension, also claims that it might not use the power line for its mining operations at all. In September, company spokesperson Matt Johnson said, “At this time, we’re considering our power generation options at the mine site.” State regulator Joe Maki saw things differently, noting “It’s obvious they’re running power up there to run their mine.”

Regulators clearly saw the power extension as part of a plan to ultimately supply electricity to the Eagle Mine. Mining laws requiring permits for an extension should have been enforced. With the work allowed to proceed illegally, both Rio Tinto and culpable state officials should be held accountable for breaking the law.

The Department of Natural Resources and Environment plans to hold a public meeting on Rio Tinto’s request at 7pm, on December 7, in Ishpeming’s Westwood High School auditorium.

This post was written by

Gabriel Caplett – who has written 106 posts on Headwaters - Community Journalism for the Great Lakes.

Gabriel Caplett is a writer and market farmer from the Upper Peninsula of Michigan.

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sharon

Posted February 13, 2011 at 2:06 PM

i have only recently heard about the opening of this operation.i understand that the appropriate agencies have been notified and have been overseeing this project for the last three years.I thought that there would be applause held for this company as they are bringing jobs to the area that are greatly needed in Michigan!