Mid-Continent Resources, Inc. (ALJ decision, March 3, 1989)

Plain-English summary

The cases involved civil-penalty proceedings against Mid-Continent Resources at the Dutch Creek No. 1 Mine. Some evidence had been heard in camera because it concerned sensitive, proprietary, and confidential business information. Judge John J. Morris dissolved the broader restriction on the in-camera proceeding but kept specified transcript pages and lines sealed. He directed the parties to seal the same material in their possession until a later order.

Decision snapshot

• Cited standard(s): The order does not identify a Mine Act or regulatory standard.
• Outcome: Specified portions of the hearing transcript remained sealed pending a later order.
• Key point: The order balanced public access to the transcript against protection of identified confidential business evidence.

Full text (FMSHRC public release)

Page 2

~470
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEST 88-230
PETITIONER
A.C. No. 05-00301-03548

v. Docket No. WEST 88-231
A.C. No. 05-00301-03549
MID-CONTINENT RESOURCES, INC.,
RESPONDENT
Dutch Creek No. 1 Mine

ORDER SEALING PORTIONS OF TRANSCRIPT

During the hearing in the above cases certain matters were heard in camera as the evidence presented involved sensitive, proprietary and confidential information concerning the respondent's business operations.

Inasmuch as the appeal process favors a public transcript the in camera proceeding of December 1, 1988, is dissolved except for certain portions of the transcript which should remain sealed.

Accordingly, the following order is appropriate:

1. The following portions of the transcript are hereby sealed to be opened only by order of the presiding judge or by order of the Commission. These portions are as follows:

Page
Line Number(s)

5
11 through 25
6
1 through 12
7
25
8
10 through 22
10
4 through 11
15
21 through 22
16
19 through 24
28
7 through 25
30
1 through 6
31
13 through 16
32
6 through 22
33
23 through 24
34
1 through 24
35
1 through 17
38
6 through 13
39
12 through 18
40
7
42(FOOTNOTE 1) 14 through 22

Page 3

~471
The material under seal consists of the following:

Two copies of the in camera proceedings in its entirety and two copies marked with a yellow highlighter to identify the portions excised from the transcript.

2. The public transcript containing sealed and unsealed evidence is altered by excising the sensitive, proprietary and confidential evidence portions from each page. Further, a copy of the entire in camera proceeding, as altered, is attached to this order.

Each page of the public transcript altered by this order shall contain a statement which shall identify the portion excised. Each portion so removed shall state it was excised by order of the presiding judge dated March 22, 1989.

3. A copy of the in camera proceedings, as altered by this order, is attached hereto and a copy is forwarded to each party.

4. I further direct counsel for the parties to seal the sensitive, proprietary and confidential evidence in their possession as identified by this order. Said evidence shall remain sealed until further order of the presiding judge or the Commission.

John J. Morris
Administrative Law Judge

FOOTNOTES START HERE
~FOOTNOTE_ONE
1. The portion excised on page 42 is a comment on the evidence by counsel and it is excised because the evidence relating thereto has been sealed.