A Massey Energy subsidiary is asking the West Virginia Supreme Court to overturn a decision that reinstated a $100,000 fine for failing to report a mine flood to safety officials within 15 minutes.

Kanawha County Circuit Judge Duke Bloom reinstated the fine against Marfork Coal last May after the state Coal Mine Safety Board of Appeals cut it to $10,000. Marfork contends state law gives the board jurisdiction over fines.

The case is the first test of rules adopted by West Virginia after two mining accidents killed 14 miners in January 2006.

The violation stems from a March 20, 2007, accident at its River Fork Powellton No. 1 mine in Raleigh County. Part of the mine flooded when a crew cut into an abandoned section. The mine was closed less than a month later.