Cyprus Plateau Mining Corporation (ALJ decision, October 17, 1994)

Plain-English summary

Cyprus Plateau Mining Corporation's contest and civil penalty cases returned to the ALJ after the Commission reversed the earlier conclusions on significant and substantial and unwarrantable failure. On remand, the parties filed a stipulation addressing the penalty for a violation of 30 C.F.R. § 75.220(a)(1). They agreed that an appropriate penalty was $1,820, reduced from the original proposed penalty of $2,600. Judge John J. Morris approved the stipulation and assessed the $1,820 penalty.

Decision snapshot

• Cited standard(s): 30 C.F.R. § 75.220(a)(1)
• Outcome: The remand stipulation was approved and a $1,820 civil penalty was assessed.
• Key point: After Commission remand, the ALJ recalculated the penalty based on the parties' stipulation and the Mine Act penalty criteria.

Full text (FMSHRC public release)

CCASE:
CYPRUS PLATEAU MINING CORP. V. SOL (MSHA) SOL (MSHA) V. CYPRUS PLATEAU MINING CORP. DDATE: 19941017 TTEXT:

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
303-844-5267/FAX 303-844-5268

October 17, 1994

CYPRUS PLATEAU MINING
: CONTEST PROCEEDING
CORPORATION,
:
Contestant
: Docket No. WEST 92-371-R
: Order No. 3588140; 3/12/92
v. :
: Star Point No. 2
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
: Mine I.D. 42-00177
ADMINISTRATION (MSHA),
:
Respondent
:
:
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEST 92-485(B)
Petitioner
: A.C. No. 42-00171-03633
:
v. : Star Point No. 2
:
CYPRUS PLATEAU MINING
:
CORPORATION,
:
Respondent
:

DECISION AFTER REMAND

Before: Judge Morris

On August 26, 1994, the Commission issued its decision in the above cases reversing the Judge's conclusions on S&S and unwarrantability. The Commission further remanded the cases for a recalculation of the civil penalty.

On October 5, 1994, the parties filed a stipulation of appropriate penalty.

The original proposed penalty for the violation of 30 C.F.R.
75.220(a)(1) was $2,600.00 and the parties agreed on reman that, based on the evidence at the hearing, as well as the pen- alty criteria set forth in the Act, an appropriate penalty would be $1,820.00.

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The parties further agree that stipulation agreed to by Cyprus Plateau does not constitute a waiver of Cyprus Plateau's right to seek review of the Commission's decision in the United States Court of Appeals when the decision becomes final after the imposition of a penalty.

Discussion

I have reviewed the stipulation and I find that is reason- able and in the public interest. It should be approved.

Accordingly, I enter the following:

ORDER AFTER REMAND

1. The stipulation is APPROVED.

2. A civil penalty of $1,820.00 is ASSESSED.

John J. Morris
Administrative Law Judge

Distribution:

R. Henry Moore, Esq., BUCHANAN INGERSOLL, 600 Grant Street, 58th Floor, 600 Grant Street, Pittsburgh, PA 15219-2887 (Certified Mail)

Margaret A. Miller, Esq., Office of the Solicitor, U.S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716 (Certified Mail)

Jerald Feingold, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203 (Certified Mail)

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