and i would note that this was the order and citation that was also cited by the umwa in their complaint to us, all be it from a very different perspective. the third incident involved a meeting between dr. -- between mr. page and dr. shemel to discuss the resca citation and order, and that took place because dr. resca was a subcontractor for dr. shemel. during this meeting, mr. page allegedly threatened dr. shemel with further citations and is orders, and other negative effects on his company if he did not accept the citation issue with respect to dr. resca. we found that mr. page did not intend to retaliate against performance coal or dr. shemel during this meeting. the fourth incident involved msha's scheduling of an inspection of the mine rescue station that serviced the ubb mine. we found that the decision to schedule the inspection by two district 6 inspectors who were unaware that a recent inspection of the rescue station had already been done by district 4 when they learned of this recent inspection, they cancelled the inspection that they were going to do. so, again, we found no

page referred to a picture that he had gotten purportedly from the umwa, and dr. shemel believed that that was a picture of -- it might have been a picture of him. and so all of this was the sort of dialogue that went on that led dr. shemel -- or led us to conclude that dr. shemel could have perceived that he was being intimidated if he did not agree to vacate the safety order that involved dr. resca. as we explained in our report, it appeared that mr. page was trying to legitimately broker a deal, and try to please all the party. the parties here being performance and the umw and msha, because mr. page was legitimately concerned, and several people told us this, even people with performance, legitimately concerned that the accident investigation would be impeded if msha had to investigate all types of safety complaints, whether they came from umwa or anywhere else. because they statutorily have to investigate all of these complaints. mr. page's primary objective was to complete this investigation, the accident investigation. so that was the scenario in which this

workers of america in various positions from 1974 it 2002 including 22 years as the administrator of umwa's occupational health and safety department. prior to his nomination he worked as a mine safetiy consultant. welcome back, mr. main. before i recognize you for your testimony, let me remind you of our quaint but nevertheless important lighting system there. it's a green, yellow, red, self-evident. we want to hear what you have to say. all of your testimony will be included in the record. you're free to summarize as you wish. when we get into questions, i will be asking my colleagues to stick to the five-minute rule so that we can all have a chance to engage in the discussion and have time for the second panel. and with that, sir, you're recognized. >> i think it's on now. thank you, chairman kline, and ranking member woolsey. i appreciate the opportunity to report on the april 5, 2010 disaster in the upper branch mine that caused the death of 29 miners. actions thins sen, findings and before the explosion and why this efforts to use all tools legislation is still needed to fully protect

. >> i think what's happened here, the coal miners and the umwa in particular, we've become politically expedient here. and they can, i guess, don't consider themselves needing us. they don't plan on carrying the coal fields at all and it's my guess they need the environmentalists in all 50 states and we're suffering the consequences of this. >> i'm surprised you're not going to work harder to overthrow that. do you know they have an intermediate review for existing plants. you make one improvement in your existing plant and you've got to tell the line for all of these new regulations. that could put all existing plants out of business. >> look, what's been happening here if you've been paying particular attention to this, larry. over the course of the last few months, we've had utility after utility announce they're closing and shutting down existing coal-fire facilities and laying off workers at those facilities. that's a market for coal that's now gone. now what the epa is saying if you build a new coal-fire plant, you've got to place carbon capture technology on that new plant. and