Utah Power and Light Company (ALJ decision, August 21, 1987)

Plain-English summary

Utah Power and Light Company reached a settlement with the Secretary covering two contested citations and a related civil penalty proceeding at the Little Dove Mine. The Secretary agreed to vacate Citation No. 2928409, and the operator agreed to withdraw its contest of Citation No. 2928408 and pay its $20 penalty. The operator also agreed to accept the Secretary's position that chiropractic treatment is reportable as other professional treatment under 30 C.F.R. Part 50. Judge Michael A. Lasher, Jr. approved the settlement, dismissed one contest, vacated the other citation, and ordered payment of the $20 penalty.

Decision snapshot

• Cited standard: 30 C.F.R. § 50.20-3(a)(8)(ii)
• Outcome: The settlement was approved, one citation was vacated, one contest was withdrawn and dismissed, and a $20 penalty was ordered paid.
• Key point: The settlement resolved two citation contests by vacating one citation and requiring payment of the other, while recording the operator's agreement that chiropractic treatment is reportable.

Full text (FMSHRC public release)

CCASE:
UTAH POWER V. SOL (MSHA)
DDATE:
19870821
TTEXT:

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

UTAH POWER AND LIGHT COMPANY, CONTEST PROCEEDINGS CONTESTANT
Docket No. WEST 87-31-R
v. Citation No. 2928408; 10/9/86

SECRETARY OF LABOR,
Docket No. WEST 87-32-R
MINE SAFETY AND HEALTH
Citation No. 2928409; 10/9/86
ADMINISTRATION (MSHA),
RESPONDENT
Little Dove Mine

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 87-100
PETITIONER
A.C. No. 42-01393-03546
v.
Little Dove Mine
UTAH POWER AND LIGHT
COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Lasher

The parties have reached a settlement of these two contest matters and the related penalty proceeding which collectively involve two citations which, in turn, were each administratively assessed $20.00 penalties.

Pursuant to the settlement, the Secretary has agreed to vacate Citation No. 2928409, which was contested in Docket No. WEST 87-32-R. The mine operator, Utah Power and Light Company has agreed to voluntarily withdraw the contest of Citation No. 2928408 in Docket No. WEST 87-31-R and to voluntarily pay the $20.00 civil penalty in full for that violation. The mine operator also agrees in the future to accept the Secretary's position that chiropractic treatment constitutes "other professional treatment" under 30 C.F.R. 50.20-3(a)(8)(ii) and is therefore reportable under 30 C.F.R. Part 50.

Information contained in the settlement motion reflects that Utah Power and Light Company Mining Division, is a large mine operator with an average history of prior violations and that the violation reflected in Citation No. 2928408 involved low degrees of both seriousness and negligence and was abated in good faith.

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ORDER

The various provisions of the settlement appearing to be fully justified, it is Ordered:

1. Utah Power and Light's withdrawal of its contest in Docket No. WEST 87-31-R is approved and that proceeding is dismissed;

2. The Secretary's request for vacation of Citation No.
2928409 is approved and such Citation is vacated;

3. With respect to Citation No. 2928408 (Docket No. WEST 87-31-R), Utah Power and Light, if it has not previously done so, is ordered to pay the Secretary of Labor a penalty of $20.00 within 30 days from the issuance of this decision.

Michael A. Lasher, Jr.
Administrative Law Judge