Consolidation Coal Company (ALJ decision, March 26, 1993)

Plain-English summary

Consolidation Coal Company resolved part of an eleven-violation docket involving its Dilworth Mine. Judge Paul Merlin approved settlements for five violations totaling $599. Four other citations were dismissed because they duplicated citations already included in docket PENN 91-1462. A prior partial settlement had already resolved another violation, while the remaining unresolved citation was removed to a newly created docket for a merits hearing.

Decision snapshot

• Cited standard(s): None stated in the release.
• Outcome: Settlements totaling $599 were approved, four duplicate citations were dismissed, and one unresolved violation was transferred to a new docket for hearing.
• Key point: A single docket may be narrowed through settlements, dismissal of duplicate citations, and transfer of an unresolved violation before a merits hearing.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATE COAL
DDATE:
19930326
TTEXT:

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March 26, 1993

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 92-814 Petitioner : A. C. No. 36-04281-03790
v. :
: Dilworth Mine
CONSOLIDATION COAL COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT
ORDER TO PAY
ORDER OF DISMISSAL

Appearances: Anita Eve Wright, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania, for the Petitioner;
Daniel E. Rogers, Esq., Consolidation Coal Company, Pittsburgh, Pennsylvania, for the Respondent.

Before: Judge Merlin

This matter was the subject of a calendar call on March 16,
1993. At that time, all the citations in this docket were discussed on the record.

 Settlements were reached in five of the eleven violations in

this case. These settlements were approved on the record pursu- ant to the requirements of section 110 of the Act. Four of the violations, Citation Nos. 3702400, 3690659, 3702375 and 3690660, were dismissed because they were previously contained in PENN 91- 1462 and were incorrectly duplicated in this case. A partial settlement decision was issued on February 11, 1993, for Citation No. 3702372. Finally, the remaining violation which was not settled, Citation No. 3702203, is being removed from this docket, placed in a newly created docket and assigned for hearing on the merits. A separate order to that effect is being issued.

 In accordance with the conclusions reached on the record at

the calendar call, it is ORDERED that total settlements be APPROVED in the designated amount of $599.

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It is further ORDERED that the operator PAY $599 within 30 days of the date of this decision.

It is further ORDERED that Citations Nos. 3702400, 3690659, 3702375 and 3690660 be DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution:

Anita Eve Wright, Esq., Office of the Solicitor, U.S. Department of Labor, Room 14480-Gateway Building, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail)

Daniel Rogers, Esq., Consol Inc., 1800 Washington Road, Pitts- burgh, PA 15241 (Certified Mail)

Robert H. Stropp, Jr., Esq., UMWA, 900 15th Street, NW., Washing- ton, DC 20005 (Certified Mail)

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