In an interview with the Deseret Morning News, Utah Mining Association president David Litvin said he and fellow commission members would gladly sign a confidentiality agreement pledging not divulge any information pertaining to MSHA's investigation of the Crandall Canyon Mine disaster. He added the commission's purpose in requesting access to records and documents concerning the probe is to help it make better recommendations for improving mine safety in Utah.

Gov. Jon Huntsman Jr. was "disappointed" in the Labor Department's response, his spokeswoman, Lisa Roskelley, said.

Recently, Huntsman told the Deseret Morning News that he had received assurances from Richard Stickler, the assistant secretary of labor in charge of the Mine Safety and Health Administration, that federal investigators would share the necessary information with the state commission.

"We're disappointed at this point but anticipate continuing to work with MSHA to gain access to information that will help Utah determine its role in mine safety in our state," Roskelley said.

She said Huntsman hasn't spoken to Stickler about the letter.

"We are continuing conversations with MSHA and our office, but it's not necessarily governor to Stickler," Roskelley said. "It's a process and we certainly appreciate the job they have to do, and we'll do our best to work through this."

The MSHA investigation panel includes a Utah official: state Labor Commissioner Sherrie Hayashi, Roskelley said.

"To some degree, the state is getting access to that information," Roskelley said, noting that Hayashi "is under confidentiality. ... Once the investigation is completed, at least some of the information critical for Utah to know will become available."

The governor had said in an interview last week that his newly formed commission would "get what they need. I'm confident of that."

After it completes the investigation, Snare said, the Labor Department will make public the transcripts of non-confidential interviews.

"Our need for confidentiality during the investigation is not permanent," he wrote.

Snare used similar arguments to reject a request from Michael Patrick O'Brien and Constance M. Lundberg, attorneys for the Salt Lake Tribune, that the government give reporters access to meetings as the investigation continues. Snare told the attorneys that the news media are not entitled to participate in law enforcement investigations.

"While we appreciate the media interest in this matter, the law enforcement proceedings under way must remain confidential," Snare wrote.

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