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Peabody Energy Corp. – ‘10-Q’ for 6/30/22 – ‘EX-95’

On:  Thursday, 8/4/22, at 4:25pm ET   ·   For:  6/30/22   ·   Accession #:  1064728-22-59   ·   File #:  1-16463

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  As Of               Filer                 Filing    For·On·As Docs:Size

 8/04/22  Peabody Energy Corp.              10-Q        6/30/22   71:10M

Quarterly Report   —   Form 10-Q

Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-Q        Quarterly Report                                    HTML   2.54M 
 6: EX-95       Mine-Safety Disclosure                              HTML    161K 
 2: EX-31.1     Certification -- §302 - SOA'02                      HTML     25K 
 3: EX-31.2     Certification -- §302 - SOA'02                      HTML     25K 
 4: EX-32.1     Certification -- §906 - SOA'02                      HTML     22K 
 5: EX-32.2     Certification -- §906 - SOA'02                      HTML     22K 
12: R1          Cover Page                                          HTML     75K 
13: R2          Unaudited Condensed Consolidated Statements of      HTML    145K 
                Operations                                                       
14: R3          Unaudited Condensed Consolidated Statements of      HTML     53K 
                Comprehensive Income                                             
15: R4          Unaudited Condensed Consolidated Statements of      HTML     23K 
                Comprehensive Income (Parenthetical)                             
16: R5          Condensed Consolidated Balance Sheets               HTML    163K 
17: R6          Condensed Consolidated Balance Sheets               HTML     51K 
                (Parenthetical)                                                  
18: R7          Unaudited Condensed Consolidated Statements of      HTML    146K 
                Cash Flows                                                       
19: R8          Unaudited Condensed Consolidated Statements of      HTML     86K 
                Changes in Stockholders? Equity                                  
20: R9          Unaudited Condensed Consolidated Statements of      HTML     24K 
                Changes in Stockholders? Equity (Parenthetical)                  
21: R10         Basis of Presentation                               HTML     24K 
22: R11         Newly Adopted Accounting Standards and Accounting   HTML     36K 
                Standards Not Yet Implemented                                    
23: R12         Revenue Recognition                                 HTML    154K 
24: R13         Inventories                                         HTML     28K 
25: R14         Equity Method Investments                           HTML     25K 
26: R15         Derivatives and Fair Value Measurements             HTML    135K 
27: R16         Property, Plant, Equipment and Mine Development     HTML     31K 
28: R17         Income Taxes                                        HTML     25K 
29: R18         Long-term Debt                                      HTML     77K 
30: R19         Pension and Postretirement Benefit Costs            HTML     53K 
31: R20         Earnings per Share (Eps)                            HTML     81K 
32: R21         Financial Instruments and Other Guarantees          HTML     30K 
33: R22         Commitments and Contingencies                       HTML     38K 
34: R23         Segment Information                                 HTML     87K 
35: R24         Derivative Instruments and Hedging Activities       HTML     28K 
                (Policies)                                                       
36: R25         Revenue Recognition (Tables)                        HTML    155K 
37: R26         Inventories (Tables)                                HTML     29K 
38: R27         Derivatives and Fair Value Measurements (Tables)    HTML    126K 
39: R28         Property, Plant, Equipment and Mine Development     HTML     30K 
                (Tables)                                                         
40: R29         Long-term Debt (Tables)                             HTML     40K 
41: R30         Pension and Postretirement Benefit Costs (Tables)   HTML     49K 
42: R31         Earnings per Share (Eps) (Tables)                   HTML     78K 
43: R32         Segment Information (Tables)                        HTML     84K 
44: R33         Revenue Recognition - Revenue by Product Type and   HTML    113K 
                Market (Details)                                                 
45: R34         Revenue Recognition - Accounts Receivable           HTML     28K 
                (Details)                                                        
46: R35         Revenue Recognition - Narrative (Details)           HTML     55K 
47: R36         Inventories (Details)                               HTML     34K 
48: R37         Equity Method Investments (Details)                 HTML     42K 
49: R38         Derivatives and Fair Value Measurements -           HTML    112K 
                Narrative (Details)                                              
50: R39         Derivatives and Fair Value Measurements -           HTML     57K 
                Derivatives by Balance Sheet Classification                      
                (Details)                                                        
51: R40         Derivatives and Fair Value Measurements - Gains     HTML     39K 
                and Losses on Hedging Derivatives (Details)                      
52: R41         Derivatives and Fair Value Measurements -           HTML     49K 
                Financial Instruments Measured on Recurring Basis                
                (Details)                                                        
53: R42         Derivatives and Fair Value Measurements -           HTML     34K 
                Long-term debt (Details)                                         
54: R43         Property, Plant, Equipment and Mine Development     HTML     35K 
                (Details)                                                        
55: R44         Property, Plant, Equipment and Mine Development -   HTML     24K 
                Narrative (Details)                                              
56: R45         Income Taxes (Details)                              HTML     28K 
57: R46         Long-term Debt - Schedule of Debt (Details)         HTML     71K 
58: R47         Long-term Debt - Narrative (Details)                HTML    254K 
59: R48         Pension and Postretirement Benefit Costs -          HTML     43K 
                Schedule of Net Periodic Benefit (Benefit) Cost                  
                (Details)                                                        
60: R49         Pension and Postretirement Benefit Costs -          HTML     26K 
                Narrative (Details)                                              
61: R50         Earnings per Share (EPS) - Narrative (Details)      HTML     77K 
62: R51         Earnings per Share (EPS) - Calculation of Basic     HTML     79K 
                and Diluted EPS (Details)                                        
63: R52         Financial Instruments and Other Guarantees          HTML     87K 
                (Details)                                                        
64: R53         Commitments and Contingencies (Details)             HTML     40K 
65: R54         Segment Information - Segment Results (Details)     HTML     45K 
66: R55         Segment Information - Reconciliation to Adjusted    HTML     60K 
                EBITDA (Details)                                                 
69: XML         IDEA XML File -- Filing Summary                      XML    125K 
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70: JSON        XBRL Instance as JSON Data -- MetaLinks              425±   638K 
71: ZIP         XBRL Zipped Folder -- 0001064728-22-000059-xbrl      Zip    646K 


‘EX-95’   —   Mine-Safety Disclosure


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Exhibit 95
Mine Safety Disclosures
The following disclosures are provided pursuant to Securities and Exchange Commission (SEC) regulations, which require certain disclosures by companies required to file periodic reports under the Securities Exchange Act of 1934, as amended, that operate coal mines regulated under the Federal Mine Safety and Health Act of 1977 (the Mine Act). The disclosures reflect United States (U.S.) mining operations only, as these requirements do not apply to our mines operated outside the U.S. 
Mine Safety Information. Whenever the Mine Safety and Health Administration (MSHA) believes that a violation of the Mine Act, any health or safety standard, or any regulation has occurred, it may issue a violation which describes the associated condition or practice and designates a timeframe within which the operator must abate the violation. In some situations, such as when MSHA believes that conditions pose a hazard to miners, MSHA may issue an order removing miners from the area of the mine affected by the condition until hazards are corrected. Whenever MSHA issues a citation or order, it generally proposes a civil penalty, or fine, as a result of the violation that the operator is ordered to pay. Citations and orders can be contested and appealed and, as part of that process, are often reduced in severity and amount, and are sometimes vacated. The number of citations, orders and proposed assessments vary depending on the size and type (underground or surface) of the company and mine. Since MSHA is a branch of the U.S. Department of Labor, its jurisdiction applies only to our U.S. mines. As such, the mine safety disclosures that follow contain no information for our Australian mines.
The tables that follow reflect citations and orders issued to us by MSHA during the three and six months ended June 30, 2022, as reflected in our systems. The tables include only those mines that were issued orders or citations during the periods presented and, commensurate with SEC regulations, do not reflect orders or citations issued to independent contractors working at our mines. Due to timing and other factors, our data may not agree with the mine data retrieval system maintained by MSHA. The proposed assessments for the three and six months ended June 30, 2022 were taken from the MSHA system as of July 29, 2022.
Additional information about MSHA references used in the tables is as follows:
Section 104 S&S Violations: The total number of violations received from MSHA under section 104(a) of the Mine Act that could significantly and substantially contribute to a serious injury if left unabated.
Section 104(b) Orders: The total number of orders issued by MSHA under section 104(b) of the Mine Act, which represents a failure to abate a citation under section 104(a) within the period of time prescribed by MSHA. This results in an order of immediate withdrawal from the area of the mine affected by the condition until MSHA determines that the violation has been abated.
Section 104(d) Citations and Orders: The total number of citations and orders issued by MSHA under section 104(d) of the Mine Act for unwarrantable failure to comply with mandatory health or safety standards.
Section 104(e) Notices: The total number of notices issued by MSHA under section 104(e) of the Mine Act for a pattern of violations that could contribute to mine health or safety hazards.
Section 110(b)(2) Violations: The total number of flagrant violations issued by MSHA under section 110(b)(2) of the Mine Act.
Section 107(a) Orders: The total number of orders issued by MSHA under section 107(a) of the Mine Act for situations in which MSHA determined an imminent danger existed.
Proposed MSHA Assessments: The total dollar value of proposed assessments from MSHA.
Fatalities: The total number of mining-related fatalities.



Three Months Ended June 30, 2022
Section 104 S&S ViolationsSection 104(b) OrdersSection 104(d) Citations and OrdersSection 104(e) Pattern of ViolationsSection 110(b)(2) ViolationsSection 107(a) Orders($) Proposed MSHA Assessments
Mine (1)
Fatalities
(In thousands)
Seaborne Metallurgical Mining
Shoal Creek Mine36 — — — 72.8 — 
Powder River Basin Mining
Caballo— — — — — 1.4 — 
North Antelope Rochelle— — — 0.7 — 
Other U.S. Thermal Mining
Bear Run— — — 1.1 — 
Francisco Underground— — — — — 4.4 — 
Gateway North22 — — 19.1 — 
Gateway Preparation Plant— — — — — — 0.1 — 
Twentymile (Foidel Creek Mine)— — — — 6.3 — 
Wild Boar— — — — — — 0.4 — 
(1)The definition of "mine" under section 3 of the Mine Act includes the mine, as well as other items used in, or to be used in, or resulting from, the work of extracting coal, such as land, structures, facilities, equipment, machines, tools and coal preparation facilities. Also, there are instances where the mine name per the MSHA system differs from the mine name utilized by us. Where applicable, we have parenthetically listed the name of the mine per the MSHA system. Also, all U.S. mines are listed alphabetically within each of our mining segments.
Six Months Ended June 30, 2022
Section 104 S&S ViolationsSection 104(b) OrdersSection 104(d) Citations and OrdersSection 104(e) Pattern of ViolationsSection 110(b)(2) ViolationsSection 107(a) Orders($) Proposed MSHA Assessments
Mine (1)
Fatalities
(In thousands)
Seaborne Metallurgical Mining
Shoal Creek Mine78 — — 16 — 197.3 — 
Powder River Basin Mining
Caballo— — — — 12.9 — 
North Antelope Rochelle— — — 6.3 — 
Rawhide— — — — — — 0.4 — 
Other U.S. Thermal Mining
Bear Run— — — 5.5 — 
El Segundo— — — — — — 0.3 — 
Francisco Underground— — — — — 5.4 — 
Gateway North27 — — 46.1 — 
Gateway Preparation Plant— — — — — — 0.3 — 
Kayenta— — — — — 1.2 — 
Somerville Central— — — — — 0.5 — 
Twentymile (Foidel Creek Mine)— — — — 20.4 — 
Wild Boar— — — — — — 0.4 — 
(1)The definition of "mine" under section 3 of the Mine Act includes the mine, as well as other items used in, or to be used in, or resulting from, the work of extracting coal, such as land, structures, facilities, equipment, machines, tools and coal preparation facilities. Also, there are instances where the mine name per the MSHA system differs from the mine name utilized by us. Where applicable, we have parenthetically listed the name of the mine per the MSHA system. Also, all U.S. mines are listed alphabetically within each of our mining segments.



Pending Legal Actions. The Federal Mine Safety and Health Review Commission (the Commission) is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Mine Act. These cases may involve, among other questions, challenges by operators to citations, orders and penalties they have received from MSHA, or complaints of discrimination by miners under section 105 of the Mine Act. The following is a brief description of the types of legal actions that may be brought before the Commission.
Contests of Citations and Orders: A contest proceeding may be filed with the Commission by operators, miners or miners’ representatives to challenge the issuance of a citation or order issued by MSHA, including citations related to disputed provisions of operators' emergency response plans.
Contests of Proposed Penalties (Petitions for Assessment of Penalties): A contest of a proposed penalty is an administrative proceeding before the Commission challenging a civil penalty that MSHA has proposed for the violation. Such proceedings may also involve appeals of judges' decisions or orders to the Commission on proposed penalties, including petitions for discretionary review and review by the Commission on its own motion.
Complaints for Compensation: A complaint for compensation may be filed with the Commission by miners entitled to compensation when a mine is closed by certain withdrawal orders issued by MSHA. The purpose of the proceeding is to determine the amount of compensation, if any, due miners idled by the orders.
Complaints of Discharge, Discrimination or Interference: A discrimination proceeding is a case that involves a miner’s allegation that he or she has suffered a wrong by the operator because he or she engaged in some type of activity protected under the Mine Act, such as making a safety complaint. This category includes temporary reinstatement proceedings, which involve cases in which a miner has filed a complaint with MSHA stating he or she has suffered discrimination and the miner has lost his or her position.
Applications for Temporary Relief: An application for temporary relief from any modification or termination of any order or from any order issued under certain subparts of section 104 of the Mine Act may be filed with the Commission at any time before such order becomes final.
The table that follows presents information by mine regarding pending legal actions before the Commission at June 30, 2022. Each legal action is assigned a docket number by the Commission and may have as its subject matter one or more citations, orders, penalties or complaints.
Pending Legal Actions
Legal Actions Initiated During the Three Months Ended
Legal Actions Resolved During the Three Months Ended
 
Number of Pending Legal Actions as of June 30, 2022
Pre-Penalty Contests of Citations/Orders
Contests of Penalty Assessment(2)
Complaints for CompensationComplaints of Discharge, Discrimination or InterferenceApplications for Temporary Relief
Mine (1)
Seaborne Metallurgical Mining
Shoal Creek Mine9961
Other U.S. Thermal Mining
Francisco Underground223
(1)The definition of "mine" under section 3 of the Mine Act includes the mine, as well as other items used in, or to be used in, or resulting from, the work of extracting coal, such as land, structures, facilities, equipment, machines, tools and coal preparation facilities. Also, there are instances where the mine name per the MSHA system differs from the mine name utilized by us. Where applicable, we have parenthetically listed the name of the mine per the MSHA system. Also, all U.S. mines are listed alphabetically within each of our mining segments.
(2)Contests included a total of 2 appeals of judge's decisions or orders to the Commission as of June 30, 2022.




Dates Referenced Herein

This ‘10-Q’ Filing    Date    Other Filings
Filed on:8/4/22None on these Dates
7/29/22
For Period end:6/30/22
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Filing Submission 0001064728-22-000059   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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