Kingwood Mining Company, LLC (Commission decision, August 23, 2011)

Plain-English summary

Kingwood Mining had asked the Commission to reopen two final penalty assessments, and the Secretary opposed both requests. After ceasing operations at the mine, Kingwood sought to withdraw the reopening motions so it could pursue a global settlement of outstanding MSHA penalties. The Commission granted the withdrawals and dismissed the reopening motions without prejudice.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(a)
• Outcome: The two motions to reopen were dismissed without prejudice at Kingwood's request.
• Key point: Withdrawing the reopening requests without prejudice left Kingwood free to pursue a broader settlement of its outstanding penalties.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

August 23, 2011

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

v.

KINGWOOD MINING COMPANY, LLC.

:

:

:

:

:

:

:

Docket No. WEVA 2009-857

A.C. No. 46-08751-152739

Docket No. WEVA 2009-1131

A.C. No. 46-08751-159510

BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§ 801 et seq. (2006) (“Mine Act”). On February 12 and April 7, 2009, the Commission received from Kingwood Mining Company, LLC (“Kingwood”) motions by counsel to reopen two penalty assessments that had become final orders of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).

The Secretary opposed both motions to reopen.

On April 19, 2011, Kingwood filed motions to withdraw its requests to reopen. The operator requests that its earlier motions be dismissed without prejudice in order that Kingwood, which has ceased mining operations at the mine subject to the penalties at issue, may enter into a global settlement of all outstanding penalties that the mine owes to the Department of Labor’s Mine Safety and Health Administration. Kingwood’s motions to withdraw did not indicate the Secretary’s position on the matter, and she has not responded to the motions.

Having considered Kingwood’s motions to withdraw, we hereby grant its requests and dismiss its earlier motions to reopen without prejudice.

Mary Lu Jordan, Chairman

Michael F. Duffy, Commissioner

Michael G. Young, Commissioner

Robert F. Cohen, Jr., Commissioner

Patrick K. Nakamura, Commissioner

Distribution:

F. Thomas Rubenstein, Esq.

Dinsmore & Shohl, LLP

215 Don Knotts Blvd., Suite 310

Morgantown, WV 26501

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

Arlington, VA 22209-2296

Melanie Garris

Office of Civil Penalty Compliance

MSHA

U.S. Dept. Of Labor

1100 Wilson Blvd., 25th Floor

Arlington, VA 22209-3939

Chief Administrative Law Judge Robert J. Lesnick

Federal Mine Safety & Health Review Commission

601 New Jersey Avenue, N. W., Suite 9500

Washington, D.C. 20001-2021