Ezel / Agency Decisions / west-89-435-alj
FMSHRC ALJ decision Docket WEST 89-435, WEST 89-237-R, WEST 89-239-R, WEST 89-240-R, WEST 89-243-R, WEST 89-245-R, WEST 89-248-R, WEST 89-249-R, WEST 89-250-R, WEST 89-252-R, WEST 89-254-R Decided March 13, 1990 Settled Judge Michael A. Lasher, Jr.

Energy Fuels Coal, Inc.

Energy Fuels Coal, Inc. (FMSHRC WEST 89-435 and related dockets): Partial settlement approved for $481

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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, not Commission precedent
This decision 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 binding on the Commission in other cases. 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 operated the Southfield Mine. The parties reached a partial settlement resolving 10 contest proceedings related to the civil penalty case. Energy Fuels agreed to pay $481, including five penalties paid in full and five reduced penalties. Judge Michael A. Lasher, Jr. also removed significant-and-substantial designations from four citations, changed the number of affected persons on one citation, and corrected the cited provision and violation description on three others. The 10 contest proceedings were dismissed.

Decision snapshot

  • Cited standards: 30 C.F.R. §§ 75.1103-8(a) and 75.1103-8(b)
  • Outcome: A partial settlement totaling $481 was approved, several citations were modified, and 10 contest proceedings were dismissed.
  • Key point: An approved settlement can reduce penalties and correct citation classifications or descriptions before the related contests are dismissed.

Full text (FMSHRC public release)

CCASE:
ENERGY FUELS COAL V. SOL (MSHA)
DDATE:
19900313
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 PROCEEDINGS
CONTESTANT
Docket No. WEST 89-237-R
v. Citation No. 3077172; 5/2/89

SECRETARY OF LABOR, Docket No. WEST 89-239-R
MINE SAFETY AND HEALTH Citation No. 3077170; 5/2/89
ADMINISTRATION (MSHA),
RESPONDENT Docket No. WEST 89-240-R
Citation No. 3077169; 5/2/89

                                     Docket No. WEST 89-243-R
                                     Citation No. 3077166; 4/27/89

                                     Docket No. WEST 89-245-R
                                     Citation No. 3077164; 4/27/89

                                     Docket No. WEST 89-248-R
                                     Citation No. 3077161; 4/25/89

                                     Docket No. WEST 89-249-R
                                     Citation No. 2875340; 4/25/89

                                     Docket No. WEST 89-250-R
                                     Citation No. 2875339; 4/25/89

                                     Docket No. WEST 89-252-R
                                     Citation No. 2875337; 4/25/89

                                     Docket No. WEST 89-254-R
                                     Citation No. 2875335; 4/25/89

                                     Southfield Mine
                                     Mine I.D. 05-03455

SECRETARY OF LABOR, CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
DMINISTRATION (MSHA), Docket No. WEST 89-435
PETITIONER A.C. No. 05-03455-03572

     v.                              Southfield Mine

ENERGY FUELS COAL, INC.,
RESPONDENT

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~447
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 an on-the-record prehearing conference in Denver,

Colorado, on February 14, 1990, the parties reached a settlement
resolving 10 of the 20 Citations involved in Penalty Docket WEST
89-435 each of which Citations is the subject of a separate
Contest proceeding as reflected in the caption. As part of the
settlement reached, as to all 10 Citations, which settlement was
approved from the bench at hearing, Contestant/Respondent Energy
Fuels Coal, Inc. (herein Energy Fuels) agreed to the withdrawal
of its Notice of Contest in each of the related Contest
proceedings and to the dismissal of such proceedings (T. 6,7,
8-25).

 As to 5 of the 10 Citations, Energy Fuels agreed to pay in

full MSHA's proposed penalty assessments. As to the remaining 5
Citations, the penalty reductions reflected in the schedule below
were based on re-evaluation of the degree of gravity of such
violations and MSHA's agreement to mollify its original penalty
appraisals thereof.

                  Contest         Initial            Agreed

Citation No. Docket No. Agreement Penalty

   3077172      WEST 89-237-R       $79                $79
   3077170      WEST 89-239-R        79                 40
   3077169      WEST 89-240-R        79                 40
   3077166      WEST 89-243-R       126                 63
   3077164      WEST 89-245-R        85                 45
   3077161      WEST 89-248-R        79                 79
   2875340      WEST 89-249-R       147                 75
   2875339      WEST 89-250-R        20                 20
   2875337      WEST 89-252-R        20                 20
   2875335      WEST 89-254-R        20                 20

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~448
ORDER

 1. The penalties agreed to by the parties in the total sum

of $481 as set forth hereinabove are here assessed and Energy
Fuels shall pay the same to the Secretary of Labor within 30 days
from the date hereof if it has not previously done so.

 2. Citation No. 3077170 is modified to delete the

"Significant and Substantial" designation thereon; Citation No.
3077169 is modified to delete the "Significant and Substantial
designation thereon; Citation No. 3077166 is modified to delete
the "Significant and Substantial" designation theron; Citation
No. 3077161 is modified to delete the "Significant and
Substantial" designation thereon; Citation No. 2875340 is
modified to change Paragraph 10D thereof to reflect that "6"
persons were affected by the violation rather than "10;"
Citations numbered 2875339, 2875337 and 2875335 are modified to
change Paragraph 9C thereof to charge a violation of 30 C.F.R.
75.1103-8(b) rather than 30 C.F.R. 75.1103-8(a) and to change
Paragraph 8 therof to reflect the gravamen of the violation
described to be that there was no record of the required
inspections having been made, rather than that such inspections
had not actually been made.

 3. Contest Dockets numbered WEST 89-237-R, 239-R, 240-R,

243-R, 245-R, 248-R, 249-R, 250-R, 252-R and 254-R are dismissed.

                                 Michael A. Lasher, Jr.
                                 Administrative Law Judge

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