Homer City Coal Processing Corporation

Plain-English summary

Homer City Coal Processing Corporation was cited after fine coal and float coal dust accumulated below a conveyor in its preparation plant. The parties proposed reducing the penalty from $94 to $63 and reducing negligence from moderate to low. Judge Paul Merlin found the settlement appropriate under the Mine Act's penalty criteria, approved it, modified Citation No. 3960774, and ordered Homer City to pay $63 within 30 days.

Decision snapshot

• Governing provisions: 29 C.F.R. § 2700.3(b)(4); 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, negligence was reduced from moderate to low, and a $63 penalty was ordered.
• Key point: The ALJ approved a negotiated reduction after considering the operator's planned cleanup and increased cleaning frequency.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. HOMER CITY COAL PROCESSING
DDATE:
19941214
TTEXT:

Page 2

~2471
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 94-591
Petitioner : A. C. No. 36-06475-03542
:
v. : Homer City Coal
HOMER CITY COAL PROCESSING : Processing Plant
CORPORATION, :
Respondent :

               ORDER ACCEPTING APPEARANCE
              DECISION APPROVING SETTLEMENT
                     ORDER TO MODIFY
                      ORDER TO PAY

Before: Judge Merlin

 The penalty petition in the above-captioned case was filed

on behalf of the Secretary by a "Conference and Litigation
Representative", hereafter referred to as a CLR. In the cover
letter to the petition the CLR advises that he is an employee of
the Mine Safety and Health Administration who has been trained
and designated as a CLR and is authorized to represent the
Secretary in accordance with an attached Limited Notice of
Appearance. In the notice the CLR states that he is authorized
to represent the Secretary in all prehearing matters and that he
may appear at a hearing if an attorney from the Solicitor's
office is also present.

 Subparagraph (4) of section 2700.3(b) of the Commission's

regulations, 29 C.F.R. 2700.3(b)(4), provides that an individu-
al who is not authorized to practice before the Commission as an
attorney may practice before the Commission as a representative
of a party with the permission of the presiding judge. In
reviewing this matter, note is taken of the fact that more than
5,000 new cases were filed with the Commission in Fiscal 1994.
Obviously, a caseload of this magnitude imposes strains upon the
Secretary's resources as well as those of this Commission. It
appears that the Secretary is attempting to allocate his resourc-
es in a responsible matter. Therefore, I exercise the discretion
given me by the regulations, cited above, and determine that in
this case the CLR may represent the Secretary in accordance with
the notice he has filed.

 The CLR has filed a motion to approve settlement for the one

violation in this case. A reduction in the penalty from $94 to
$63 is proposed. The CLR also requests that the citation be
modified to reduce negligence from moderate to low. The viola-
tion in this case was issued because fine coal and float

Page 3

~2472
coal dust accumulated below the No. 7 conveyor in the preparation
plant. According to the CLR, the operator was aware of the
accumulation problem in this area and was prepared to fix it
during the first belt conveyor shutdown. In the interim, the
operator increased the number of times the area was to be cleaned
from one to three times a shift. The CLR further advises that the
area had been cleaned three hours before the issuance of the
citation and an hour prior to the citation the area was examined
and reported to be in good condition.

 I have reviewed the documentation and representations made

in this case, and conclude that the proffered settlement is
appropriate under the criteria set forth in section 110(i) of the
Act.

  WHEREFORE, the motion for approval of settlement is GRANTED.

 It is ORDERED that Citation No. 3960774 be MODIFIED to

reduce negligence from moderate to low.

 It is further ORDERED that the operator PAY a penalty of $63

within 30 days of this decision.

                           Paul Merlin
                           Chief Administrative Law Judge

Distribution:

Gerald F. Moody, Jr., Conference and Litigation Representative,
U. S. Department of Labor, MSHA, 200 James Place Monroeville, PA
15146

Mr. David Hartley, Homer City Coal Processing Corporation, P. O.
Box 47, Homer City, PA 15748

Mr. Kenneth Cecconi, UMWA, 112 Apache Drive, Indiana, PA 15701

/gl