Peabody Coal Company (ALJ decision, March 6, 1995)

Plain-English summary

Peabody Coal Company faced a civil penalty proceeding involving the Martwick U.G. Mine. The parties proposed reducing the penalties for two citations from $2,067 to $1,867, and Judge Gary Melick found that partial settlement acceptable under the Mine Act criteria. He approved the $1,867 penalty, payable within 30 days. The Judge stayed further proceedings on a third citation while the parties continued negotiations and testing.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
• Outcome: The partial settlement for two citations was approved at $1,867, and proceedings on a third citation were stayed.
• Key point: An ALJ may approve an agreed resolution for some citations while staying the unresolved portion for further negotiations and testing.

Full text (FMSHRC public release)

[DOCID: f:k94-1321.wais]

PEABODY COAL COMPANY
March 6, 1995
KENT 94-1321

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, SUITE 1000
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

March 6, 1995

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 94-1321 Petitioner : A.C. No. 15-14074-03669
v. :
: Martwick U.G. Mine
PEABODY COAL COMPANY, :
Respondent :

DECISION APPROVING PARTIAL SETTLEMENT
AND
STAY ORDER

Appearances: Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Secretary;
Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes Boyd, Henderson, Kentucky, for
Respondent.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At the hearing Petitioner filed a motion to approve a partial settlement agreement proposing as to Citation Nos. 3863265 and 3863054 a reduction in penalty from $2,067 to $1,867. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of partial settlement is GRANTED, and it is ORDERED that respondent pay a penalty of $1,867 within 30 days of this decision.

Further proceedings as to Citation No. 3863055 are hereby STAYED pending further negotiations and testing by the Parties.

Gary Melick
Administrative Law Judge

Distribution:

Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 (Certified Mail)

Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes & Boyd, 120 North Ingram Street, Suite A, Henderson, KY 41420 (Certified Mail)

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