Ezel / Agency Decisions / WEST 87-208

Energy Mining Corporation and/or Utah Power & Light Company (ALJ decision, September 17, 1990)

Energy Mining Corporation and/or Utah Power & Light Company (FMSHRC WEST 87-208 and related dockets): Wilberg Mine settlement approved

Decision type
ALJ decision
Dockets
WEST 87-208, WEST 87-209, WEST 88-25, WEST 87-130-R, WEST 87-131-R, WEST 87-132-R, WEST 87-133-R, WEST 87-144-R, WEST 87-145-R, WEST 87-146-R, WEST 87-147-R, WEST 87-150-R, WEST 87-152-R, WEST 87-153-R, WEST 87-156-R, WEST 87-157-R, WEST 87-160-R, WEST 87-161-R, WEST 87-248-R
Decided
September 17, 1990
Presiding judge
John J. Morris
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
30 C.F.R. § 75.1725(a) 30 C.F.R. § 75.512 30 C.F.R. § 75.1101-23(a) 30 C.F.R. § 75.1704-2(d) 30 C.F.R. § 75.1714(b) 30 C.F.R. § 75.1704 30 C.F.R. § 75.1105 30 C.F.R. § 75.1107-1(a)(2) 30 C.F.R. § 75.1600-2(e) 30 C.F.R. § 75.103(j) 30 C.F.R. § 75.316 30 C.F.R. § 75.1704-2(a) 30 C.F.R. § 75.1702 30 C.F.R. § 75.508 30 C.F.R. § 75.1103-4(a)(1) 30 C.F.R. § 75.904 30 C.F.R. § 75.513 30 C.F.R. § 75.900 30 C.F.R. § 75.1101-5(b) 30 C.F.R. § 75.1101-5(2) 30 C.F.R. § 75.1103-4(e) 30 U.S.C. § 815(d) 30 U.S.C. § 820(i) 30 U.S.C. § 823(d)(1)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1990 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 1990
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 binding on the Commission in other cases. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

These consolidated contest and civil penalty proceedings arose from the Wilberg Mine fire disaster in Utah. The ALJ approved a settlement resolving 24 alleged violations in three civil penalty dockets, reducing the outstanding total from $106,749 to a voluntary payment of $95,000. The order dismissed the listed contest cases, approved the settlement, and required Emery Mining Corporation to pay $95,000 within 10 days after the decision became final. The release identifies Utah Power & Light Company as Emery's alleged successor-in-interest in the proceedings.

Decision snapshot

  • Cited standards: The settlement table lists 24 standards in 30 C.F.R. Part 75, including §§ 75.1725(a), 75.512, 75.1101-23(a), 75.1704-2(d), and 75.1714(b).
  • Outcome: The contest cases were dismissed, the settlement was approved, and $95,000 was ordered paid.
  • Key point: The ALJ found the consolidated settlement reasonable and in the public interest.

Full text (FMSHRC public release)

CCASE:
EMERY MINING V. SOL (MSHA)
DDATE:
19900917
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

EMERY MINING CORPORATION
CONTEST PROCEEDINGS
AND/OR UTAH POWER & LIGHT
COMPANY,
Docket No. WEST 87-130-R
CONTESTANTS
Citation No. 2844485; 3/24/87

v. Docket No. WEST 87-131-R
Order No. 2844486; 3/24/87
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Docket No. WEST 87-132-R
ADMINISTRATION (MSHA),
Order No. 2844488; 3/24/87
RESPONDENT
Docket No. WEST 87-133-R
AND
Order No. 2844489; 3/24/87

UNITED MINE WORKERS OF
Docket No. WEST 87-144-R
AMERICA, (UMWA),
Order No. 2844795; 3/24/87
INTERVENOR
Docket No. WEST 87-145-R
Order No. 2844796; 3/24/87

Docket No. WEST 87-146-R
Order No. 2844798; 3/24/87

Docket No. WEST 87-147-R
Order No. 2844800; 3/24/87

Docket No. WEST 87-150-R
Order No. 2844805; 3/24/87

Docket No. WEST 87-152-R
Order No. 2844807; 3/24/87

Docket No. WEST 87-153-R
Order No. 2844808; 3/24/87

Docket No. WEST 87-156-R
Order No. 2844813; 3/24/87

Docket No. WEST 87-157-R
Order No. 2844815: 3/24/87

Docket No. WEST 87-160-R
Order No. 2844822; 3/24/87

Docket No. WEST 87-161-R
Order No. 2844823; 3/24/87

Docket No. WEST 87-248-R
Order No. 2844835: 8/13/87

Wilberg Mine
Mine I.D. No. 42-00080

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

EMERY MINING CORPORATION, AND CIVIL PENALTY PROCEEDINGS ITS SUCCESSOR-IN-INTEREST UTAH POWER & LIGHT COMPANY, Docket No. WEST 87-208
MINING DIV.,
A.C. No. 42-00080-03578
RESPONDENT
Docket No. WEST 87-209
AND
A.C. No. 42-00080-03579

UNITED MINE WORKERS OF
Docket No. WEST 88-25
AMERICA (UMWA),
A.C. No. 42-00080-03584
INTERVENOR
Wilberg Mine

Consolidated

DECISION APPROVING SETTLEMENT

Before: Judge Morris

These are contest and civil penalty proceedings arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq.

These cases arose from the Wilberg Mine Fire disaster, an underground coal mine fire that occurred in Orangeville, Emery County, Utah.

As a result of the fire, on March 24, 1987, the Secretary issued to Emery Mining Corporation ("Emery") and Utah Power and Light ("UP&L), as Emery's alleged successor-in-interest, 34 citations and orders alleging violations of the Mine Act. UP&L challenged all 34 citations and orders. Emery filed notices of contest challenging 18 of the citations and orders, paid the penalties assessed for eight of the citations and orders and challenged eight other violations in the related penalty proceedings.

Subsequently, Emery paid the civil penalties assessed on three of the citations and orders for which it had previously filed notices of contest. UP&L's 34 and Emery's 23 challenges were consolidated in Docket Nos. WEST 87-130-R through WEST 87-163-R ("130-series dockets").

On August 13, 1987, the Secretary issued seven additional citations to Emery as the operator of Wilberg and UP&L as Emery's

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successor-in-interest. UP&L again challenged all seven citations, while Emery filed a notice of contest in only one case, paying the assessed civil penalties in the remaining six. These notices of contest were assigned Docket Nos. WEST 87-243-R through WEST 87-249-R ("243-series dockets") and consolidated with the 130-series dockets.

Parallel penalty proceedings were also consolidated with the above contest cases (Docket Nos. WEST 87-208; WEST 87-209; WEST 88-25).

On March 9, 1988, 11 of the 130-series citations and orders and the related penalty cases were vacated as to UP&L. Emery Mining Corp., 10 FMSHRC 339 (1988). (Docket Nos. WEST 87-138-R; WEST 87-139-R; WEST 87-140-R; WEST 87-141-R; WEST 87-142-R; WEST 87-143-R; WEST 87-148-R; WEST 87-149-R; WEST 87-151-R; WEST 87-154-R; WEST 87-162-R.) These 11 cases were later dismissed as to Emery as well, by Order dated August 5, 1988, on the grounds that Emery had paid the assessed civil penalties. In a separate Order dated March 24, 1988, and amended March 25, 1988, the Presiding Judge noted that six of the seven 243-series cases could also be vacated as to UP&L on the basis of the March 9 Order. (Docket Nos. WEST 87-243-R; WEST 87-244-R; WEST 87-245-R; WEST 87-246-R; WEST 87-247-R; WEST 87-249-R.)

The Secretary sought to modify the 30 remaining citations and orders, including the 243-series cases, to which the March 9 ruling had not been applied. The modification sought to cite UP&L directly, as an operator of the Wilberg Mine.

On August 30, 1988, all 30 "modified" citations and orders were vacated as to UP&L. The Secretary sought review of the August 30 Order, but, at the joint request of the Secretary and UP&L, briefing and further proceedings at the Commission level were stayed pending the final disposition of the proceedings involving Emery (in the belief that resolution of the Emery cases might obviate the need for further Commission proceedings).

On appeal, the Commission did not stay proceedings before the Presiding Judge. Accordingly, the Judge has jurisdiction to consider the proposed settlement. Further, it is necessary to formally dismiss the contest proceedings.

CONTEST PROCEEDINGS

The contest cases remaining pending herein should be dismissed for the reasons hereafter noted:

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WEST 87-130-R (Citation No. 2844485):

UP&L's motion to vacate this citation was granted and Emery has withdrawn its contest.

WEST 87-131-R (Order No. 2844486):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-132-R (Order No. 2844488):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-133-R (Order No. 2844489):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-144-R (Order No. 2844795):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.
WEST 87-145-R (Order No. 2844796):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-146-R (Order No. 2844798):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-147-R (Order No. 2844800):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-150-R (Order No. 2844805):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

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WEST 87-152-R (Order No. 2844807):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-153-R (Order No. 2844808):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-156-R (Order No. 2844813):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-157-R (Order No. 2844815):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-160-R (Order No. 2844822):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-161-R (Order No. 2844823):

UP&L's motion to vacate this order was granted and Emery has withdrawn its contest.

WEST 87-248-R (Citation No. 2844835):

Vacated as to UP&L and pending as to Emery. The citation herein has been settled, as provided in the civil penalty proceedings.

CIVIL PENALTY PROCEEEDINGS

The parties at this time have reached an amicable settlement of the three penalty proceedings (Docket Nos. WEST 87-208, WEST 87-209, WEST 88-25). These penalty cases involve 24 of the alleged violations that were initially challenged in the 130- series and 243- series. Emery is the sole respondent in these cases.

The outstanding civil penalties herein were originally assessed for a total amount of $106,749. Emery has offered to settle these matters by the voluntary payment of $95,000 with the specific amounts to be allocated by the Secretary.

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The Secretary's allocation set forth in her motion is based on the statutory criteria for assessing civil penalties.

The proposed dispositions are as follows: 

    Citation/          30 C.F.R.          Proposed     Settlement
    Order No.                            Assessment      Amount

     2844485        75.1725(a)            $10,000       $10,000
     2844486        75.512                $10,000       $10,000
     2844488        75.1101-23(a)         $10,000       $10,000
     2844489        75.1704-2(d)          $10,000       $10,000
     2844490        75.1714(b)            $10,000       $10,000
     2844815        75.1704               $10,000       $10,000
     2844491        75.1105               $ 7,000       $ 7,000
     2844492        75.1107-1(a)(2)       $ 5,000       $ 5,000
     2844493        75.1600-2(e)          $ 5,000       $ 5,000
     2844816        75.103(j)             $ 4,000       $ 4,000
     2844822        75.316                $ 4,000       $ 1,000
     2844826        75.1704-2(a)          $   329       $   329
     2844813        75.1702               $ 1,600       $   250
     2844817        75.508                $    20       $    20
     2844823        75.1103-4(a)(1)       $ 2,000       $ 2,000
     2844805        75.904                $ 1,900       $ 1,900
     2844800        75.513                $ 1,200       $   200
     2844795        75.900                $ 4,000       $ 4,000
     2844796        75.1101-5(b)          $ 2,000       $ 1,000
     2844798        75.1101-5(2)          $ 1,800       $   800
     2844807        75.512                $ 1,800       $   500
     2844808        75.512                $ 1,800       $   500
     2844811        75.1103-4(e)          $ 1,400       $ 1,000
     2844835        75.1704               $ 2,000       $   501

I have reviewed the proposed settlement and I find it is reasonable and in the public interest. It should be approved.

For the foregoing reasons I enter the following:

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ORDER

1. The following contest cases are DISMISSED:

WEST 87-130-R
WEST 87-131-R
WEST 87-132-R
WEST 87-133-R
WEST 87-144-R
WEST 87-145-R
WEST 87-146-R
WEST 87-147-R
WEST 87-150-R
WEST 87-152-R
WEST 87-153-R
WEST 87-156-R
WEST 87-157-R
WEST 87-160-R
WEST 87-161-R
WEST 87-248-R

2. The Motion to Approve Settlement of the penalty cases (WEST 87-208, WEST 87-209, and WEST 88-25) is GRANTED.

3. Emery is ordered to pay to the Secretary the sum of $95,000 within 10 days after this "Decision Approving Settlement" becomes a final Commission Decision.

John J. Morris
Administrative Law Judge

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