Cloverlick Coal Company, LLC (Commission decision, December 14, 2012)

Plain-English summary

Cloverlick Coal asked the Commission to reopen a final penalty assessment. The operator later paid the assessment in full. The Secretary told the Commission that the payment indicated Cloverlick no longer wished to pursue reopening, and the operator did not respond. The Commission treated the motion as withdrawn and dismissed the case.

Decision snapshot

• Cited provision: 30 U.S.C. § 815(a)
• Outcome: The reopening proceeding was dismissed after the operator paid the assessment and did not respond.
• Key point: Full payment followed by silence can be treated as withdrawal of a pending motion to reopen.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, D.C. 20004-1710

December 14, 2012

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

CLOVERLICK COAL COMPANY, LLC

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Docket No. KENT 2012-116

A.C. No. 15-19418-216719

BEFORE: Jordan, Chairman; Young and Nakamura, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2006) (“Mine Act”). On October 27, 2011, the Commission received from Cloverlick Coal Company, LLC (“Cloverlick”) a motion seeking to reopen a penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

The Secretary of Labor informed the Commission that on December 5, 2011, the operator paid the penalty assessment in full. The Secretary therefore assumes that the operator no longer wishes to pursue its reopening request.

Cloverlick has not replied to the Secretary’s statement to the Commission. Therefore, we conclude that Cloverlick has withdrawn its motion to reopen. Accordingly, this case is dismissed.

/s/ Mary Lu Jordan

Mary Lu Jordan, Commissioner

/s/ Michael G. Young

Michael G. Young, Commissioner

/s/ Patrick K. Nakamura

Patrick K. Nakamura, Commissioner

Distribution:

Richard D. Cohelia

Safety Department

Cloverlick Coal Co., LLC

P.O. Box 527

Benham, KY 40807

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N. W., Suite 9500

Washington, D.C. 20001-2021