UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 

CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES

EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): August 13, 2012

 


 

Walter Energy, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware

 

001-13711

 

13-3429953

(State or other jurisdiction of

incorporation

 

Commission File No.

 

(I.R.S. Employer Identification No.)

or organization)

 

 

 

 

 

3000 Riverchase Galleria, Suite 1700

Birmingham, Alabama 35244

(205) 745-2000

 (Address, including zip code, and telephone number, including area code, of registrant’s principal
executive offices)

 

N/A

(Former Name or Former Address, if Changed from Last Report)

 


 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o            Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o            Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o            Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o            Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 



 

Item 1.04               Mine Safety – Reporting of Shutdowns and Patterns of Violations.

 

On July 21, 2010, the Dodd-Frank Wall Street and Consumer Protection Act (the “Dodd-Frank Act”) was enacted into federal law. Section 1503 of the Dodd-Frank Act requires a reporting company operating coal mines or with subsidiaries that operate coal mines to file a Current Report on Form 8-K upon receipt of written notice from the Mine Safety and Health Administration (“MSHA”) of an imminent danger order under Section 107(a) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”).

 

On August 13, 2012, Jim Walter Resources, Inc., a wholly-owned subsidiary of Walter Energy, Inc., and the operator of the Company’s No. 7 Mine, received imminent danger Order No. 8522884 (the “Order”) under section 107(a) of the Mine Act.  In the Order, MSHA asserted that methane was allowed to accumulate in a roof cavity in a long crosscut on the No. 8 Continuous Miner Section.  Shortly thereafter, according to the Order, line curtain was used “to sweep the methane out,” and the Order was quickly terminated.  No injuries resulted from the condition described in the Order.

 

MSHA issued 104(a) Citation No. 8522885 (the “Citation”) in conjunction with the Order.  The Citation alleges that the condition cited in the Order was a violation of a mandatory safety standard, was S&S (reasonably likely to result in lost workdays or restricted duty-type injuries to ten persons), and that the violation resulted from moderate negligence.  MSHA terminated the Citation upon the same action and at the same time as set out above regarding the Order.

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

WALTER ENERGY, INC.

 

 

 

Date: August 15, 2012

By:

/s/ Earl H. Doppelt

 

 

Earl H. Doppelt

 

 

Senior Vice-President, General Counsel and Secretary

 

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