Ezel / Agency Decisions / PENN 86-65-R

Tunnelton Mining Company (ALJ decision, August 6, 1986)

Tunnelton Mining Company (FMSHRC PENN 86-65-R and eight related dockets): Contests dismissed after MSHA vacated nine citations

Decision type
ALJ decision
Dockets
PENN 86-65-R, PENN 86-66-R, PENN 86-67-R, PENN 86-68-R, PENN 86-69-R, PENN 86-70-R, PENN 86-71-R, PENN 86-108-R, PENN 86-111-R
Decided
August 6, 1986
Presiding judge
George A. Koutras
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 C.F.R. § 75.1101-5(a)
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

Tunnelton Mining Company contested nine MSHA citations concerning foam fire suppression devices at its Marion Mine. The citations alleged violations of 30 C.F.R. § 75.1101-5(a) at belt conveyor drives. The parties resolved the dispute when MSHA accepted Tunnelton's alternative means of compliance and vacated all nine citations. Judge George A. Koutras dismissed the contests with the parties' agreement. The order assessed no penalty.

Decision snapshot

  • Cited standards: 30 C.F.R. § 75.1101-5(a), foam fire suppression devices.
  • Outcome: Nine contest proceedings dismissed after MSHA vacated the citations; no penalty assessed.
  • Key point: MSHA accepted an alternative compliance method and withdrew the disputed citations before the judge ruled on their validity.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

AUG 6 1986
,

TUNNELTON MINING COMPANY, : CONTEST PROCEEDINGS
Contestant
:
v. : Docket No. PENN 86-65-R
: Citation No. 2696550; 12/11/85
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH : Docket No. PENN 86-66-R
ADMINISTRATION (MSHA), : Citation No. 2696551; 12/11/85
Respondent :
: Docket No. PENN 86-67-R
: Citation No. 2696552; 12/11/85
:
: Docket No. PENN 86-68-R
: Citation No. 2696554: 12/12/85
:
: Docket No. PENN 86-69-R
: Citation No. 2696555; 12/13/85
:
: Docket No. PENN 86-70-R
: Citation No. 2696556: 12/13/85
:
: Docket Na. PENN 86-71-R
: Citation No. 2696557; 12/13/85
:
: Docket No. PENN 86-108-R
: Citation No. 2696464; 2/10/86
.
:
: Docket No. PENN 86-111-R
: Citation No. 2696473; 2/27/86
:
: Marion Mine

ORDER OF DISMISSAL

Before: Judge Koutras

These proceedings concern notices of contests filed by the Contestant Tunnelton Mining Company pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977, challenging the validity of nine section 104(a) non-"S&S"

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citations issued by an MSHA inspector at its Marion Mine on December 11, 12, and 13, 1985. The citations charge Tunnelton with nine alleged violations of mandatory safety standard 30 C.F.R. § 75.1101-5(a), because of its purported failure to provide foam generator fire supression devices capable of discharging foam to certain electrical components used in con- junction with certain belt conveyor drives at different loca- tions in the mine.
Tunnelton filed a motion for summary decision and requested expedited consideration in light of the abatement deadlines imposed by MSHA. The abatement times were extended by MSHA, and extensions were also granted for the purpose of permitting MSHA to file its responses to the request for summary decision. Subsequently, the parties resolved the dispute and MSHA agreed to accept Tunnelton's alternative means of compliance with the mandatory safety standard in issue. At the same time, MSHA vacated the contested citations, and the parties are now in agreement that these contests may be dismissed.
ORDER
In view of the fact that the disputed citations have now been vacated, and with the agreement of the parties, these contests ARE DISMISSED.

George A. Koutras
Administrative Law Judge
Distribution:
Timothy M. Biddle, Esq., Crowell & Moring, 1100 Connecticut Avenue, N.W., Washington, DC 20036 (Certified Mail) Joseph T. Kosek, Esq., Pennsylvania Mines Corporation, P.O. Box 367, Ebensburg, PA 15931 (Certified Mail) Covette Rooney, Esq., Office of the Solicitor, U.S. Department of Labor, Room 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail)

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