Energy Fuels Coal, Inc. (ALJ decision, August 28, 1990)

Plain-English summary

Energy Fuels Coal and the Secretary submitted a settlement covering two contested citations and a civil penalty proceeding at the Southfield Mine. The settlement required payment of the original $79 penalty for one citation and reduced another penalty from $98 to $50 after removing its significant-and-substantial designation. Judge Michael A. Lasher, Jr. approved the settlement as reasonable and dismissed the two contest proceedings. The total assessed penalties were $129.

Decision snapshot

• Cited standard(s): None identified in the order
• Outcome: One citation was modified, the settlement was approved, $129 in penalties were assessed, and the contest proceedings were dismissed.
• Key point: The judge approved a settlement that removed a significant-and-substantial designation and reduced the related penalty.

Full text (FMSHRC public release)

CCASE:
ENERGY FUELS V. SOL (MSHA)
DDATE:
19900828
TTEXT:

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

ENERGY FUELS COAL, INC.,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEST 89-296-R
v. Citation No. 3077175; 5/11/89

SECRETARY OF LABOR,
Docket No. WEST 89-288-R
MINE SAFETY AND HEALTH
Citation No. 3077183; 5/11/89
ADMINISTRATION (MSHA),
RESPONDENT
Southfield Mine
Mine I.D. 05-03455

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
CIVIL PENALTY PROCEEDING
ADMINISTRATION (MSHA)
Docket No. WEST 89-449-A
PETITIONER
A.C. No. 05-03455-03569
v.
Southfield Mine
ENERGY FUELS COAL, INC.,
RESPONDENT

DECISION APPROVING 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

The parties, through the Secretary of Labor, have submitted a motion to approve their settlement which resolves the two citations remaining in Penalty Docket WEST 89-449-A. Pursuant to the settlement reached, Respondent agrees to pay in full the $79 penalty originally assessed for Citation No. 3077183. As to Citation No. 307715, the parties agree that the violation described therein is not "significant and substantial" and that the penalty therefor should thus be reduced from the original $98 to $50. Based on approval of this agreement, Respondent withdraws its contests in the two captioned contest proceedings. The settlement is reasonable and part of an overall settlement of many dockets reached by these parties. Accordingly, it is APPROVED.

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Order

1. Citation No. 3077175 is MODIFIED to delete the "significant and substantial" designation thereon and is otherwise APPROVED.

2. Contestant/Respondent Energy Fuels shall pay to the Secretary of Labor the total sum of $129 as and for the civil penalties agreed on and here assessed within 30 days from the date hereof.

3. Contest Docket Nos. WEST 90-288-R and WEST 89-296-R are DISMISSED.

Michael A. Lasher, Jr.
Administrative Law Judge