Calico Coal, Inc. (Commission decision, June 9, 2011)

Plain-English summary

Calico Coal asked the Commission to reopen civil penalty matters in two dockets. The Commission issued a show-cause order because Calico appeared to have paid the penalties, which would make the reopening request moot. Calico did not respond within the 30-day period set by the order. The Commission therefore denied the request to reopen as moot.

Decision snapshot

• Governing provision: 30 U.S.C. § 801 et seq.
• Outcome: The request to reopen was denied as moot.
• Key point: The Commission may deny a reopening request as moot when the operator does not respond to an order asking why apparent payment of the penalties has not resolved the matter.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

June 9, 2011

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

CALICO COAL, INC.

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Docket No. VA 2010-312

A.C. No. 44-01486-205234

Docket No. VA 2010-313

A.C. No. 44-01486-202416

BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2006) (“Mine Act”). On April 28, 2011, the Commission issued an order directing Calico Coal, Inc. (“Calico”) to show cause why its request to reopen should not be denied as moot because Calico appeared to have paid the subject civil penalties. The order stated that Calico had “30 days of the date of this order” to provide its response to the Commission.

Because Calico has not responded to the show cause order within 30 days of the date of the order, we hereby deny the request to reopen as moot.

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Mary Lu Jordan, Chairman

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Michael F. Duffy, Commissioner

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Michael G. Young, Commissioner

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Robert F. Cohen, Jr., Commissioner 

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Patrick K. Nakamura, Commissioner 

Distribution:

Ernest E. Varney, President

Calico Coal, Inc.

48 Collage Dr.

Bluefield, VA 24605

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001-2021