Ezel / Agency Decisions / WEST 95-509-M

Phelps Dodge Morenci, Inc. (Commission decision, September 11, 1995)

Phelps Dodge Morenci, Inc. (FMSHRC WEST 95-509-M): Motion for relief withdrawn

Decision type
Commission decision
Dockets
WEST 95-509-M, A.C. No. 02-00024-05558
Decided
September 11, 1995
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-08-13
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1995, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1995
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.
Decision of the Commission
This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It granted Phelps Dodge Morenci’s motion to withdraw its Motion for Relief from Final Order after MSHA rescinded the proposed penalty assessment. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. 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

Phelps Dodge Morenci asked to withdraw its motion seeking relief from a final penalty order. The company explained that MSHA had rescinded the proposed penalty assessment that prompted the motion. The Commission granted the withdrawal under Commission Procedural Rule 11.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.11
  • Outcome: The motion for relief from final order was withdrawn.
  • Key point: A motion may be withdrawn when the underlying proposed penalty assessment has been rescinded.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR
WASHINGTON, D.C. 20006

September 11, 1995

SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA) : Docket No. WEST 95-509-M
: A.C. No. 02-00024-05558
v. :
:
PHELPS DODGE MORENCI INC.
:
:

ORDER

Counsel for Phelps Dodge Morenci Inc. (APhelps@) has filed a motion to withdraw the Motion for Relief from Final Order it filed on August 21, 1995. Phelps explains that on August 30, it received a letter from the Department of Labor=s Mine Safety and Health Administration (AMSHA@) rescinding the proposed penalty assessment from which Phelps sought relief. Phelps attached a copy of the letter to its motion to withdraw. Upon consideration of the motion, it is granted and Phelps= Motion for Relief from Final Order is withdrawn pursuant to Commission Procedural Rule 11, 29 C.F.R. ' 2700.11.

For the Commission:

Mary Lu Jordan, Chairman

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