The federal records catalog the problems at the Upper Big Branch mine, operated by the Performance Coal Company. They show the company was fighting many of the steepest fines, or simply refusing to pay them. Performance is a subsidiary of Massey Energy. Another Massey subsidiary agreed to pay $4.2 million in criminal and civil fines last year and admitted to willfully violating mandatory safety standards that led to the deaths of two miners. The fine was the largest penalty in the history of the coal industry.
The nation's sixth biggest mining company by production, Massey Energy took in $24 million in net income in the fourth quarter of 2009. The company paid what was then the largest financial settlement in the history of the coal industry for the 2006 fire at the Aracoma mine, also in West Virginia. The fire trapped 12 miners. Two suffocated as they looked for a way to escape. Aracoma later admitted in a plea agreement that two permanent ventilation controls had been removed in 2005 and not replaced, according to published reports.
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