Empire Energy Corporation (ALJ decision, August 8, 1986)

Plain-English summary

Empire Energy Corporation and the Secretary of Labor asked to settle three citations involving the Eagle No. 5 Mine. The Secretary reduced two proposed penalties because the operator's negligence was less than first believed. He also asked to vacate a third citation because the evidence was insufficient to establish a violation. Judge John A. Carlson approved the agreement, vacated the third citation, and ordered Empire to pay $7,578 for the remaining two. The order dismissed the proceeding.

Decision snapshot

• Cited standards: None identified in this settlement order.
• Outcome: One citation vacated; two remaining citations settled for $7,578 total.
• Key point: Reduced negligence supported lower penalties, and insufficient proof led to vacatur of the third citation.

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 8 1986
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA), : Docket No. WEST 86-19
Petitioner
: A.C. No. 05-01370-03550
:
v. : Eagle No. 5 Mine
.i
EMPIRE ENERGY CORPORATION,
:
Respondent
:

DECISION APPROVING SETTLEMENT
Before: Judge Carlson
The parties have submitted a joint motion to approve a settlement agreement. Specifically, the Secretary asks leave to amend the penalty proposed for citation 2072087 from $10,000.00 to $7,500.00 on grounds that the operator's negligence proved to be less than originally believed. The Secretary also asks leave to amend the proposed penalty for citation 23333640 from $98.00 to $78.00 for the same reason. Finally, the Secretary moves that citation 2072088 be vacated on grounds that he lacks sufficient evidence to establish the violation.
The respondent, in turn, agrees to withdraw its notices of contest to citations 2072087 and 2333640 if the settlement is approved.
Based upon the representations of the parties and the contents of the file, I conclude that the settlement agreement is appropriate and should be approved in its entirety.
Accordingly, the settlement agreement is approved and the attendant motions are granted. Citation 2072088 is vacated. Respondent shall pay a total civil penalty of $7,578.00 for the remaining two citations within forty days of the date of this decision. This proceeding is dismissed.
SO ORDERED.

John A. Carlson
Administrative Law Judge

1218

Distribution:
Margaret A. Miller, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, 1585 Federal Building, 1961 Stout Street, Denver, CO 80294 (Certified Mail) R. Henry Moore, Esq., Rose, Schmiudt, Chapman, Duff & Hasley, 900 Oliver Building, Pittsburgh, PA 15222-5369 (Certified Mail)

1219