Alpha Natural Reaches Settlement With West Virginia
June 09 2016 - 5:40PM
Dow Jones News
Bankrupt coal company Alpha Natural Resources Inc. has come to
terms with West Virginia environmental regulators, agreeing to
cover hundreds of millions of dollars of reclamation work at its
mines.
As part of the settlement, West Virginia's Department of
Environmental Protection agreed to drop objections to Alpha's
chapter 11 plan, which drew fire because of its lack of provision
for environmental damage left behind by coal mining operations.
"Alpha and its secured creditors might have just walked away
from West Virginia and tried to leave hundreds of millions of
dollars of reclamation and water treatment work at its abandoned
mine sites to the state's Special Reclamation Fund. Instead, they
have stepped up and provided significant funding," said Randy C.
Huffman, cabinet secretary for the West Virginia DEP, in a
release.
The agreement calls for surety bonds that Alpha posted to obtain
its mining permits to remain in place. Alpha will post an
additional $100 million in penal bonds and $39 million in letters
of credit or cash bonds as a further layer of financial protection.
According to the West Virginia DEP, the settlement is valued at
$309 million and subject to bankruptcy-court approval.
Alpha, based in Bristol, Va., sought chapter 11 protection in
August. Its chapter 11 exit plan is out for voting now, and the
company is under pressure to reach an agreement with federal
regulators and other states worried that taxpayers will wind up
footing the bill to clean up mining contamination.
Alpha is one of a number of coal companies driven to bankruptcy
because of debt that became insupportable when market prices fell.
Under its chapter 11 plan, creditors will take ownership of its
best mines, while other mines would be left behind to form a
restructured Alpha.
Regulators worry that the postbankruptcy company won't have the
financial strength to clean up the land and water. According to
court papers, nearly $293 million in reclamation obligations will
be associated with the mines that Alpha keeps, while another $181.1
million in reclamation obligations would follow the mines that the
creditors take.
Jacqueline Palank contributed to this article.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
June 09, 2016 17:25 ET (21:25 GMT)
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