Utah Power & Light, substituted for Emery Mining Corporation (ALJ decision, August 7, 1986)

Plain-English summary

Utah Power & Light, substituted for Emery Mining Corporation, contested MSHA Order No. 2833456 following an inspection of the Wilberg Mine. The parties stipulated that the ruling in the related WEST 86-126-R case would control this contest. Judge John J. Morris dismissed the contest under that stipulation. This decision does not assess a penalty or separately explain the underlying inspection dispute. The Commission later affirmed the related rulings on nonemployee walkaround rights and Part 40 filings, but reversed the liability waiver ruling.

Decision snapshot

• Cited standards: Mine Act § 104; no specific mine safety regulation is cited.
• Outcome: Contest of MSHA Order No. 2833456 dismissed; no penalty assessed in this proceeding.
• Key point: The parties stipulated that the related WEST 86-126-R decision would control this contest.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES

333 W. COLFAX AVENUE, SUITE 400
DENVER, COLORADO 80204
AUG 7 1986

UTAH POWER & LIGHT,
: CONTEST PROCEEDING
substituted for
:
EMERY MINING CORPORATION,
: Docket No. WEST 86-140-R
Contestant
: Order No. 2833456; 4/17/86
:
v. : Wilberg Mine
:
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
:
Respondent
:
and
:
UNITED MINE WORKERS OF AMERICA, :
Intervenor
:

DECISION
Appearances: John Macleod, Esq., Crowell & Moring, Washington, D.C., for Contestant;
Edward H. Fitch, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Respondent;
Mary Lu Jordan, Esq., United Mine Workers of America, Washington, D.C.,
Intervenor.
Before: Judge Morris

This case, heard under the provisions of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq., (the Act) arose from an inspection of contestant's Wilberg mine on April 17, 1986. On that date a federal mine inspector issued Order No.
2833456 under § 104 of the Act.
A hearing on the merits commenced in Denver, Colorado on May 14, 1986.

Stipulation

The parties agreed that the ruling in WEST 86-126-R would be controlling in this case (Tr. 18-20).

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Conclusions of Law

Based on the record and the stipulation of the parties, the following conclusions of law are entered:

1. The Commission has jurisdiction to decide this case.

2. On this date an order was entered dismissing the contest in WEST 85-126-R.

3. The contest of MSHA Order No. 2833456 herein should be dismissed.

O R D E R

Based on the stipulation of the parties and the conclusions of law I enter the following order:

The contest of Order No. 2833456 is dismissed.

John J. Morris
Administrative Law Judge

Distribution:
John Macleod, Esq., Crowell & Moring, 1100 Connecticut Avenue,
NW, Washington, D.C. 20036 (Certified Mail)
Edward Fitch, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Boulevard, Arlington, VA 22203 (Certified
Mail)
Mary Lu Jordan, Esq., United Workers of America, 900 Fifteenth
Street, NW, Washington, D.C. 20005 (Certified Mail)

/blc

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