Ezel / Agency Decisions / PENN 86-178-R

U.S. Steel Mining Co., Inc. (ALJ decision, November 14, 1986)

U.S. Steel Mining Co., Inc. (FMSHRC PENN 86-178-R and PENN 86-123): Citation vacated and penalty case dismissed

Decision type
ALJ decision
Dockets
PENN 86-178-R, PENN 86-123
Decided
November 14, 1986
Presiding judge
William Fauver
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-08-26
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1986
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

After an evidentiary hearing, the Secretary moved to withdraw the civil penalty petition and vacate Citation 2678489 issued to U.S. Steel Mining Co., Inc. Judge William Fauver found good cause and dismissed the civil penalty proceeding in PENN 86-123. He also vacated the citation in PENN 86-178-R, concluding both proceedings.

Decision snapshot

  • Cited standards: None stated in the order.
  • Outcome: The civil penalty petition was dismissed and Citation 2678489 was vacated.
  • Key point: For good cause, an ALJ may dismiss a penalty petition and vacate the related citation after the evidentiary hearing.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U.S. STEEL MINING
DDATE:
19861114
TTEXT:

Page 2

~1766

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 86-123
PETITIONER
A.C. No. 36-05018-03605

v. Cumberland Mine

U.S. STEEL MINING CO., INC.,
RESPONDENT

U.S. STEEL MINING CO., INC.,
CONTEST PROCEEDING
CONTESTANT
Docket No. PENN 86-178-R
v. Citation No. 2678489; 4/28/86

SECRETARY OF LABOR,
Cumberland Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

DECISION

Appearances: David T. Bush, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, PA, for Petitioner/Respondent;
Billy M. Tennant, Esq., U.S. Steel Mining Company Pittsburgh, PA, for Respondent/Contestant.

Before: Judge Fauver

After the evidentiary hearing, counsel for the Secretary has moved to withdraw his petition for civil penalty and to vacate Citation No. 2678489.

ORDER

FOR GOOD CAUSE SHOWN, the petition for civil penalty in PENN 86Ä123 is DISMISSED and Citation No. 2678489 in PENN 86Ä178ÄR is VACATED, thereby concluding both proceedings.

William Fauver
Administrative Law Judge

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