Ezel / Agency Decisions / west-89-255-r-alj
FMSHRC ALJ decision Docket WEST 89-255-R, WEST 89-434 Decided March 13, 1990 Modified Judge Michael A. Lasher, Jr.

Energy Fuels Coal, Inc.

Energy Fuels Coal, Inc. (FMSHRC WEST 89-255-R and WEST 89-434): Penalty reduced in partial settlement

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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 approving a partial settlement, not Commission precedent
This decision approved a reduced penalty, modified the citation's affected-persons field, and dismissed the related contest while leaving the remaining penalty docket pending. It 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 Commission precedent. 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.
Read the official release (fmshrc.gov)

Plain-English summary

Energy Fuels Coal and the Secretary reached a partial settlement over Citation No. 2875334 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved a $100 penalty instead of the original $168 assessment and modified the citation to show one person affected. He dismissed the WEST 89-255-R contest, while the related WEST 89-434 penalty docket remained open for other enforcement documents.

Decision snapshot

  • Cited standards: No Mine Act or regulatory standard is identified in the release.
  • Outcome: The penalty was reduced to $100, the citation was modified, and the contest was dismissed.
  • Key point: A partial settlement can reduce a penalty and correct a citation detail while leaving related enforcement proceedings unresolved.

Full text (FMSHRC public release)

CCASE:
ENERGY FUELS COAL V. MSHA,
MSHA V. ENERGY FUELS COAL
DDATE:
19900313
TTEXT:

Page 2

~451

                FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
                               DENVER, COLORADO
                                March 13, 1990

ENERGY FUELS COAL, INC., CONTEST PROCEEDING
Contestant
Docket No. WEST 89-255-R
v. Citation No. 2875334;4/25/89

SECRETARY OF LABOR, Southfield Mine
MINE SAFETY AND HEALTH Mine I.D. 05-03455
ADMINISTRATION (MSHA),
Respondent

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA) Docket No. WEST 89-434
Petitioner A.C. No. 05-03455-03571

        v.                          Southfield Mine

ENERGY FUELS COAL, INC.,
Respondent

                 DECISION APPROVING PARTIAL SETTLEMENT

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

Before: Judge Lasher

  At a prehearing conference held on-the-record in Denver, Colorado,

on February 14, 1990, the parties reached an amicable resolution as to
Citation No. 2875334 - one of 20 enforcement documents involved in Penalty
Docket WEST 89-434. On the basis of a reduced evaluation of the gravity of
the violation and a modification of Section 10(D) of the Citation, the
parties agreed that a penalty of $100 rather than the original assessment
of $168 was appropriate and moved for approval of such settlement (T. 26).
This motion and Energy Fuels' corollary motion to withdraw its contest in
Docket No. WEST 89-255-R were approved from the bench and such ruling
(T. 25-26) is here affirmed.

Page 3

~452
ORDER

 1. Contestant/Respondent Energy Fuels, if it has not previously done

so, shall pay the Secretary of Labor within 30 days from the date hereof,
the sum of $100 as and for a civil penalty for Citation No. 2875334.

 2. Section 10(D) of Citation No. 2875334 is MODIFIED to show the

"Number of Persons Affected" by the violation to be "1" rather than "2",
"7" or any other number.

   3.   Contest Docket No. WEST 89-255-R is DISMISSED.

 4. Penalty Docket No. WEST 89-434 will remain on the Judge's docket

pending resolution of the remaining Citations contained therein.

                             Michael A. Lasher, Jr.
                             Administrative Law Judge

Distribution:

Phillip D. Barber, Esq., Welborn, Dufford, Brown & Tooley, 1700 Broadway,
Suite 1700, Denver, CO 80290-1199 (Certified Mail)

Margaret A. Miller, Esq., Office of the Solicitor, U.S. Department of
Labor, 1585 Federal Building, 1961 Stout Street, Denver, CO 80294
(Certified Mail)

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