Energy Fuels Coal, Inc.,

Plain-English summary

Energy Fuels Coal resolved three citations at the Southfield Mine through a settlement approved by Judge Michael A. Lasher, Jr. Two citations were modified to delete their significant-and-substantial designations, and the third was affirmed. The operator was ordered to pay $227 in total penalties, consisting of $85, $68, and $74 for the three citations.

Decision snapshot

• Cited standards: The settlement decision does not identify the underlying standard numbers.
• Outcome: Two citations were modified to delete significant-and-substantial designations, the third citation was affirmed, and $227 in penalties was assessed.
• Key point: The judge approved the parties' settlement as reasonable and assessed the agreed penalties.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ENERGY FUELS COAL
DDATE:
19900406
TTEXT:

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

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 89-148
PETITIONER A.C. No. 05-03455-03565

      v.                           Southfield Mine

ENERGY FUELS COAL, INC.,
RESPONDENT

                        DECISION

Appearances: Margaret A. Miller, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
For Petitioner;
Phillip D. Barber, Esq., Welborn, Dufford, Brown &
Tooley, Denver, Colorado,
For Respondent.

Before: Judge Lasher

 This proceeding was initiated by the filing of a Proposal

for Penalty by Petitioner on April 21, 1989, pursuant to Sections
105 and 110 of the Federal Mine Safety and Health Amendments Act
of 1977, 30 U.S.C. Section 801 et seq.

 At the commencement of the hearing on September 14,

1989,1 a settlement was concluded covering the three
Citations (T. 7-9) and such was approved from the bench (T. 8).
Pursuant to the agreement reached Respondent is to pay MSHA's
administratively assessed penalties in full and Petitioner agrees
to the deletion of the "significant and substantial" designation
on two of the three Citations involved. My bench decision finding
the parties' agreement reasonable and approving the settlement is
here affirmed.

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ORDER

 Citations numbered 2931307 and 2931309 are MODIFIED to

delete the "significant and substantial" designations on the face
thereof and are otherwise affirmed. Citation No. 29331310 is
affirmed.

 Respondent, if it has not previously done so, shall pay the

Secretary of Labor within 30 days from the date of this Decision
the total sum of $227 ($85 for Citation No. 2931307, $68 for
Citation No. 2931309 and $74 for Citation No. 2931310) as and for
the civil penalties agreed on and here assessed.

                             Michael A. Lasher, Jr.
                             Administrative Law Judge

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FOOTNOTES START HERE

 1. This matter was consolidated for hearing with two other

penalty dockets, WEST 89-149 and WEST 89-217.