Emery Mining Corporation

Plain-English summary

The Secretary and Utah Power and Light jointly asked the Commission to stay briefing and further proceedings while related proceedings involving Emery Mining were pending before an ALJ. They said the related proceedings might resolve the need for Commission review in the present matter. The Commission granted the motion, stayed briefing and other proceedings until further notice, and directed the parties to report the related proceedings' status by May 31, 1989.

Decision snapshot

• Cited provision: None stated in the order.
• Outcome: Briefing and further Commission proceedings were stayed until further notice.
• Key point: The Commission paused review while related ALJ proceedings could affect whether Commission review was needed.

Full text (FMSHRC public release)

CCASE:
EMERY MINING, UTAH POWER & LIGHT V. MSHA, UMWA
DDATE:
19890324
TTEXT:

           FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
                          WASHINGTON, D.C.
                             March 24, 1989

EMERY MINING CORPORATION
and UTAH POWER & LIGHT
COMPANY, MINING DIVISION

v.             Docket Nos. WEST 87-130-R, et al.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

     and

UNITED MINE WORKERS OF
AMERICA (UMWA)

                 ORDER

Counsel for the cross-petitioners Secretary of Labor and

Utah Power and Light Company, Mining Division ("UP&L") have filed
a joint motion seeking a stay of briefing and further proceedings
before the Commission in this matter until after final disposition
by the Commission administrative law judge of related proceedings
below involving Emery Mining Corporation ("Emery"). The motion
states that it is possible that review by the Commission in the
present matter may be rendered unnecessary by the final resolution
of the proceedings below involving Emery.

Upon consideration of the motion, it is granted and briefing

and other proceedings in this matter are stayed until further notice
of the Commission. The hearing on the merits involving Emery is
scheduled to commence before the judge on May 16, 1989, and the
parties are directed to provide the Commission with a written
notification concerning the procedural status of those proceedings
no later than May 31, 1989.

Page 2

For the Commission:

Ford B. Ford, Chairman

Page 3

~310
Distribution

Barry F. Wisor, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, VA 22203

Timothy M. Biddle, Esq.
Thomas C. Means, Esq.
Ann R. Klee, Esq.
Crowell & Moring
1001 Pennsylvania Ave., N.W.
Washington, D.C. 20004

Mary Lu Jordan, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005