Cyprus-Plateau Mining Corporation (ALJ decision, May 27, 1992)

Plain-English summary

Cyprus-Plateau Mining Corporation, Robert Q. Powell, and the Secretary resolved three related mine-safety proceedings through an agreement reached after a hearing began. Judge John J. Morris approved changes converting Order No. 3583459 to a section 104(a) citation and replacing alleged violations of 30 C.F.R. § 75.512 with a violation of 30 C.F.R. § 75.517. The judge affirmed the amended citation and $345 civil penalty, reduced from the original $1,000 assessment, and dismissed the contest and the related proceeding involving Powell. The order also approved the parties' partial settlement covering seven citations.

Decision snapshot

• Cited standards: 30 C.F.R. §§ 75.512 and 75.517
• Outcome: The settlement amendments were granted, the amended citation and $345 penalty were affirmed, and the remaining contest and Powell proceeding were dismissed.
• Key point: The judge approved a negotiated resolution that modified the citation and reduced the penalty before ending the related proceedings.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
THE FEDERAL BUILDING
1244 SPEER BOULEVARD 1280
DENVER, CO 80204-3582
(303) 844-5266 I Frs 56445266

MAY 27 1992
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 91-174
Petitioner
: A.C. No. 42-00171-03607
:
v. :
: Star Point No. 2 Mine
CYPRUS-PLATEAU MINING,
:
CORPORATION,
:
Respondent
:
:
:
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 91-635
Petitioner
: A.C. No. 42-00171-03621A
:
v. :
: Star Point No. 2
ROBERT Q. POWELL, employed
:
by CYPRUS-PLATEAU MINING
:
CORPORATION,
:
Respondent
:
:
:
:
CYPRUS PLATEAU MINING : CONTEST PROCEEDING
CORPORATION,
:
Contestant
: Docket No. WEST 92-173-R
: Order No. 3583459 (Modified
v. : 12/11/91
:
SECRETARY OF LABOR,
: Star Point No. 2 Mine
MINE SAFETY AND HEALTH
:
REVIEW COMMISSION (MSHA),
: Mine I.D. 42-00171
Respondent
:

. DECISION

Appearances: Margaret A. Miller, Esq., Office of the Solicitor, U.S. Department of Labor, Denver, Colorado, for Petitioner/Respondent;
R. Henry Moore, Esq., BUCHANAN INGERSOLL, Pitts- burgh, Pennsylvania, for Respondent/Contestant.

Before: Judge Morris

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Page 2

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These penalty and contest cases arise under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (the "Act").
On November 13, 1991, Petitioner filed a MOTION TO APPROVE PARTIAL SETTLEMENT, and on December 3, 1991, the Presiding Judge issued a DECISION APPROVING PARTIAL SETTLEMENT. The settlement disposed of seven Citations. Order No. 3583459 remained at issue and the Judge retained jurisdiction to resolve such issues.
A copy of the Judge's DECISION APPROVING PARTIAL SETTLEMENT is attached to this Decision.
A hearing on the merits commenced as to the remaining Order on March 5, 1992, in Salt Lake City, Utah. The hearing could not be concluded and continued to the following day.
On March 6, 1992, the parties reached an amicable settlement agreement, which encompassed all three pending cases.
In connection with Docket No. WEST 92-173 and WEST 91-174, the parties moved that Order No. 3583459 be modified to a 104(a) Citation.
Further, the parties moved that wherever a violation of 30 C.F.R. § 75.512 is alleged, it should be amended to allege a violation of 30 C.F.R. § 75.517. The violation of Section 75.517 is designated as an S&S Citation.
The parties further stipulated that an appropraite civil penalty is $345.00. The violation was originally assessed at $1000.00.
In view of the disposition herein, Cyprus Plateau further withdraws its notice of contest in WEST 92-173-R.
For the foregoing reason, I enter the following:

ORDER

1. The motions to amend Order No. 3583459 and its modifica- tions are GRANTED.
2. Citation No. 3583459 and the amended civil penalty are AFFIRMED.

903

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Page 3

3. Cyprus Plateau is ORDERED TO PAY to the Secretary of Labor the sum of $345 within 40 days of the date of this decision.
4. The motion of Cyprus Plateau to withdraw its contest in WEST 92-173-R is GRANTED and the said case is DISMISSED.
5. The Secretary's motion to dismiss WEST 91-635 (Robert Q.
Powell) is GRANTED and said case is DISMISSED.

Distribution:
Margaret A. Miller, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, 1585 Federal Office Building, 1961 Stout Street, Denver, CO 80294 (Certified Mail) R. Henry Moore, Esq., BUCHANAN INGERSOLL P.C., CYPRUS PLATEAU MINING CORP., USX Tower, 57th Floor, 600 Grant Street, Pitts- burgh, PA 15219 (Certified Mail)

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