Ezel / Agency Decisions / west-87-101-alj
FMSHRC ALJ decision Docket WEST 87-101, WEST 87-207, WEST 87-4-R, WEST 87-5-R, WEST 87-6-R, WEST 87-7-R Decided September 22, 1987 Citations vacated Judge Michael A. Lasher, Jr.

Utah Power and Light Company

Utah Power and Light Company (FMSHRC WEST 87-101, WEST 87-207, and related dockets): Four citations vacated and proceedings dismissed

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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 decision, not Commission precedent
This decision 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 binds the parties but 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

Utah Power and Light Company and the Secretary of Labor asked the judge to resolve consolidated civil-penalty and contest proceedings involving four citations at the Deer Creek Mine. The company agreed to the Secretary's motion to vacate the citations. Judge Michael A. Lasher, Jr. granted the motion, vacated all four citations, and dismissed the proceedings.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: Four citations were vacated and the consolidated penalty and contest proceedings were dismissed.
  • Key point: The judge granted the Secretary's agreed motion to vacate the citations.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. UTAH POWER
DDATE:
19870922
TTEXT:

Page 2

~1688

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

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 87-101
PETITIONER A.C. No. 42-00121-03634

             v.                       Docket No. WEST 87-207
                                      A.C. No. 42-00121-03644

UTAH POWER AND LIGHT COMPANY,
RESPONDENT Deer Creek Mine

UTAH POWER AND LIGHT COMPANY, CONTEST PROCEEDINGS
CONTESTANT
Docket No. WEST 87-4-R
Citation No. 2504025; 9/3/86

        v.                            Docket No. WEST 87-5-R
                                      Citation No. 2504224; 9/3/86

                                      Docket No. WEST 87-6-R

SECRETARY OF LABOR, Citation No. 2504226; 9/3/86
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 87-7-R
RESPONDENT Citation No. 2504227; 9/3/86

                                      Deer Creek Mine

                                 DECISION

Before: Judge Lasher

 Based on the Secretary's motion, Utah Power and Light

Company agreeing, to vacate the four Citations involved in these
consolidated penalty/contest proceedings, and good cause
appearing therefor, it is ORDERED,

    1. The Secretary's motion is GRANTED.

    2. Citation No. 2504025 (Dockets WEST 87-101 and WEST

87-4-R), and the three Citations involved in penalty Docket WEST
87-207, 2504224 (Docket WEST 87-5-R), 2504226 (Docket WEST 87-6-R
and 2504227 (Docket WEST 87-7-R) are VACATED, and

    3. These proceedings are DISMISSED.

                               Michael A. Lasher, Jr.
                               Administrative Law Judge

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