Ezel / Agency Decisions / WEVA 79-423-R

Princess Susan Coal Company (ALJ decision, December 29, 1982)

Princess Susan Coal Company (FMSHRC WEVA 79-423-R): Citation contest dismissed after withdrawal

Decision type
ALJ decision
Docket
WEVA 79-423-R
Decided
December 29, 1982
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1982 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 1982
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

Princess Susan Coal Company asked to withdraw its contest of an MSHA citation involving its Campbells Creek Surface Mine. Judge Gary Melick granted permission under the Commission's procedural rule and dismissed the contest. The short order does not identify the cited safety standard, explain the company's reason for withdrawing, or decide the citation's merits.

Decision snapshot

  • Cited standard(s): None identified in this dismissal order.
  • Outcome: Contest of Citation No. 0641203 withdrawn and dismissed.
  • Key point: The order ends the contest without a merits ruling on the citation.

Full text (FMSHRC public release)

CCASE:
PRINCESS COAL V. SOL (MSHA)
DDATE:
19821229
TTEXT:
~2263

Federal Mine Safety and Health Review Commission Administrative Law Judges

PRINCESS SUSAN COAL COMPANY, CONTEST OF CITATION CONTESTANT
Docket No. WEVA 79-423-R v.
Citation No. 0641203 9/4/79
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Campbells Creek Surface
ADMINISTRATION (MSHA),
Mine
RESPONDENT

ORDER OF DISMISSAL

Contestant requests approval to withdraw its Contest in the captioned case. Under the circumstances herein, permission to withdraw is granted. 29 CFR 2700.11. The case is therefore dismissed.

Gary Melick
Assistant Chief Administrative Law Judge

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