We’ve just confirmed that retiring Massey Energy CEO Don Blankenship no longer plans to appear next week to be questioned by state and federal investigators who are looking into the Upper Big Branch Mine Disaster.

C.A. Phillips, acting director of the state Office of Miners Health, Safety and Training, said his agency was informed just a little while ago that Blankenship would invoke his 5th Amendment rights and not answer questions from the investigation team.

UPDATED: Here’s a copy of a letter from Blankenship’s attorney to the state Office of Miners Health Safety and Training.