Robert Simpson v. Kenta Energy, Inc. and Roy Dan Jackson (Commission decision, March 26, 1986)

Plain-English summary

Robert Simpson asked the Commission to reopen his case to pursue questions about whether another entity had succeeded Kenta Energy. The Commission had deferred that request until it decided liability in the underlying Mine Act case. Simpson sought reconsideration of the deferral. The Commission confirmed its earlier order and denied reconsideration, leaving both the merits and the motion to reopen submitted for later decision. This order made no finding on liability or remedy.

Decision snapshot

• Governing provision: No specific safety standard decided; the order concerns Commission review procedure.
• Outcome: Petition for reconsideration denied; successorship motion remained deferred.
• Key point: The Commission chose to decide underlying liability before addressing successorship.

Full text (FMSHRC public release)

CCASE:
R. SIMPSON V. KENTA ENERGY & R.D. JACKSON DDATE: 19860326 TTEXT:

FMSHRC-WDC
March 26, 1986

ROBERT SIMPSON

v. Docket No. KENT 83-155-D

KENTA ENERGY, INC.

and

ROY DAN JACKSON

BEFORE: Backley, Doyle, Lastowka and Nelson, Commissioners

ORDER

BY THE COMMISSION:

This matter presently is pending on review before the Commission. On January 31, 1986, the Commission issued an order directing, in part, that complainant Robert Simpson's Motion to Reopen the proceedings to pursue successorship issues be held in abeyance pending the Commission's resolution of the underlying question of liability for violation of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $ 801 et seq. (1982). On February 10, 1986, Simpson filed a Petition for Reconsideration of that aspect of the Commission's January 31 order. Previously scheduled oral argument on the merits of this case was heard before the Commission on February 26, 1986.

We confirm our January 31 order. We conclude that it is appropriate to resolve first the issue of liability presented to us on review before directing any proceedings dealing with successorship issues. Accordingly, Simpson's Petition for Reconsideration is denied. The merits of this case as well as Simpson's Motion to Reopen stand submitted. 1/

Richard V. Backley, Commissioner

Joyce A. Doyle, Commissioner

James A. Lastowka, Commissioner

L. Clair Nelson, Commissioner

1/ Chairman Ford has elected not to participate in the consideration or disposition of this case.
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Distribution

Tony Oppegard, Esq.
Appalachian Research & Defense
Fund of Kentucky, Inc.
P.0. Box 360
Hazard, KY 41701

David T. Smorodin, Esq.
Steven D. Cundra, Esq.
Thompson, Hine & Flory
1920 N Street, N.W.
Washington, D.C. 20036

Vicki Shteir-Dunn, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203