Mid-Continent Resources, Inc.

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.