Energy Fuels Coal, Inc. (ALJ decision, March 13, 1990)

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:

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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.

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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)