Ezel / Agency Decisions / west-86-217-alj
FMSHRC ALJ decision Docket WEST 86-217, WEST 86-197-R, WEST 86-218, WEST 86-239, WEST 86-123-R, WEST 86-136-R, WEST 86-152-R, WEST 86-169-R, WEST 86-240, WEST 86-159-R, WEST 86-241, WEST 86-160-R, WEST 86-236, WEST 86-89-R, WEST 86-237, WEST 86-87-R Decided April 22, 1987 Mixed result Judge Michael A. Lasher, Jr.

Emery Mining Company

Emery Mining Company and Utah Power & Light Company (FMSHRC WEST 86-217 and related dockets): Settlement vacates, modifies, and dismisses enforcement matters

Apply this to your situation

This order from 1987 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1987
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ settlement order, not Commission precedent
This decision approved a settlement and became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Emery Mining Company and Utah Power & Light Company's mining division resolved 16 dockets involving 14 citations and orders. The settlement reduced the total penalties from $4,221 to $3,024, vacated two withdrawal orders, modified five withdrawal orders from section 104(d)(1) to section 104(a) citations, and approved withdrawal of nine related contest proceedings. Judge Michael A. Lasher, Jr. found that the agreement served the purposes of the Mine Safety Act and approved it. The order required payment of $3,024 and dismissed the nine withdrawn contest dockets.

Decision snapshot

  • Cited standard(s): The decision does not identify individual standards.
  • Outcome: The settlement was approved, two orders were vacated, five orders were modified to section 104(a) citations, and nine contest proceedings were dismissed.
  • Key point: A settlement may resolve multiple penalty and contest proceedings by reducing penalties, changing enforcement classifications, vacating specified orders, and withdrawing related contests.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. EMERY MINING
DDATE:
19870422
TTEXT:

Page 2

~820

        Federal Mine Safety and Health Review Commission
              Office of Administrative Law Judges

SECRETARY OF LABOR, Docket No. WEST 86-217
MINE SAFETY AND HEALTH A.C. No. 42-00121-03604
ADMINISTRATION (MSHA),
PETITIONER/RESPONDENT Docket No. WEST 86-197-R
Order 2835167; 5/28/86

                                   Docket No. WEST 86-218
                                   A.C. No. 42-00121-03605

                                   Docket No. WEST 86-239
                                   A.C. No. 42-00121-03609

                                   Docket No. WEST 86-123-R
                                   Order 2835108; 4/8/86

                                   Docket No. WEST 86-136-R
                                   Order 2835417; 4/2/86

         v.                         Docket No. WEST 86-152-R
                                   Order 2835133; 4/8/86

                                   Docket No. WEST 86-169-R
                                   Order 2835132; 4/9/86

                                   Docket No. WEST 86-240
                                   A.C. No. 42-00121-03610

                                   Docket No. WEST 86-159-R
                                   Order 2834579; 4/16/86

                                   Docket No. WEST 86-241
                                   A.C. No. 42-00121-03611

                                   Docket No. WEST 86-160-R
                                   Order 2834610; 4/16/86

                                   Deer Creek Mine

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~821
Docket No. WEST 86-236
EMERY MINING COMPANY, A.C. No. 42-00988-03546
RESPONDENT/CONTESTANT
UTAH POWER AND LIGHT COMPANY, Docket No. WEST 86-89-R
MINING DIVISION, Citation 2834441; 2/5/86
RESPONDENT/CONTESTANT
Docket No. WEST 86-237
CIVIL PENALTY PROCEEDINGS A.C. No. 42-00988-03547
CONTEST PROCEEDINGS
Docket No. WEST 86-87-R
Citation 2834444; 2/5/86

                                     Deseret Mine

                   DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 The parties have reached an overall resolution of the above

16 dockets which involve a total of 14 Citations and Orders. The
settlement calls for the vacation of two withdrawal orders in
Docket WEST 86Ä240, the payment of total penalties in the sum of
$3,024.00 (MSHA's initial administrative assessments totalled
$4,221.00), the modification of five withdrawal orders from
issuance under Section 104(d)(1) to issuance under Section
104(a), and the withdrawal by Respondent of all nine of its
notices of contest in the nine contest dockets related to the
pertinent penalty proceedings.

   A summary of the settlement reached appears below:

                                           Initial               Agreed

Docket No. Citation/Order No. Assessment Settlement

WEST 86Ä217 2835167 $500 $300
modify to 104(a)
WEST 86Ä218 2834501 192 50
WEST 86Ä236 2834441 600 600
2834499 400 200
modify to 104(a)
WEST 86Ä237 2834444 79 79
WEST 86Ä239 2835417 700 700
2835108 400 400
2835132 150 75
modify to 104(a)
2835133 300 20
modify to 104(a)
WEST 86Ä240 2835140 Vacated (Partial settlement)
2834563 Vacated
2834575 Pending review by Commission
in Docket WEST 86Ä126-R
2834579 400 400
WEST 86Ä241 2834610 500 200
modify to 104(a)

                                            $4,221                  $3,024

Page 4

~822
The motion for approval of the settlement points out that the
settlement was achieved after counsel for both parties had fully
reviewed the merits of the other party's anticipated evidence and
fully and frankly analyzed the potential outcome of the
litigation issues had the matter proceeded to hearing. It also
appears that Respondent/Contestant a "moderate to large" mine
operator, has an average history of compliance and proceeded in
good faith to abate the subject violations upon notification
thereof.

 Upon evaluation of this settlement, information contained in

the motion for approval and the various case files, it is
concluded that the amicable agreement reached effectuates the
purposes of the Mine Safety Act and should be approved.

                             ORDER

 Respondent/Contestant, if it has not previously done so,

shall pay the Secretary of Labor the sum of $3,024.00, as and for
the civil penalties hereinabove specified, on or before 30 days
from the date of this decision.

 In Docket No. WEST 86Ä240, Orders Nos. 2835140 and 2834563,

are vacated. (FOOTNOTE 1)

 Orders Nos. 2834610, 2835167, 2835132, 2834499, and 2835133

are modified to change their issuance from under Section
104(d)(1) of the Act to issuance as Citations under Section
104(a) of the Act and are otherwise affirmed in all respects
including their designation as significant and substantial
violations.

 Contest dockets Nos. WEST 86Ä197-R, 89-R, 87-R, 136-R,

123ÄR, 169-R, 152-R, 159-R, and 160-R, relating to the penalty
dockets which are the subject hereof, have been withdrawn by
Respondent/Contestant, and such withdrawals are approved as part
of the settlement and these nine proceedings are dismissed.

                                    Michael A. Lasher, Jr.
                                    Administrative Law Judge

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
~FOOTNOTE_ONE
1 A separate "Decision Approving Partial Settlement" has
been issued with respect to Docket WEST 86Ä240 since one of the
four enforcement papers therein (Citation No. 2834575) remains
viable and is presently before the Commission on review. The
related contest docket, WEST 86Ä159-R, has, however, been
withdrawn by Respondent/Contestant and such withdrawal is being
approved herein.

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