Consolidation Coal Company (ALJ decision, March 19, 1992)

Plain-English summary

Consolidation Coal Company was involved in a civil penalty proceeding concerning the Humphrey No. 7 Mine. The judge vacated Citation No. 3316065 for insufficient evidence and considered a settlement agreement for the remaining citations. The proposed settlement reduced the penalty from $2,638 to $2,510. Judge Gary Melick found the settlement appropriate under the Mine Act criteria, approved it, and ordered the company to pay $2,510 within 30 days.

Decision snapshot

• Cited standards: The order cites Sections 105(d) and 110(i) of the Mine Act, codified at 30 U.S.C. § 815(d) and 30 U.S.C. § 820(i).
• Outcome: Citation No. 3316065 was vacated, and the settlement for the remaining citations was approved at $2,510.
• Key point: The order combined vacatur of one insufficiently supported citation with approval of a reduced settlement for the remaining citations.

Full text (FMSHRC public release)

CCASE:
MSHA V. CONSOLIDATION COAL
DDATE:
19920319
TTEXT:

Page 2

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SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 91-1600 Petitioner : A.C. No. 46-01453-03960
v. :
: Humphrey No. 7 Mine
CONSOLIDATION COAL COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

Appearances: Caryl L. Casden, Esq., U.S. Department of Labor, Office of the Solicitor, Arlington, Virginia, for Petitioner;
Walter J. Scheller III, Esq., Consolidation Coal Company, Pittsburgh, Pennsylvania for
Respondent.

Before: Judge Melick

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). At hearing Petitioner sought to vacate Citation No. 3316065 for insufficient evidence and filed a motion to approve a settlement agreement as to the remaining citations. A reduction in penalty from $2,638 to $2,510 has been proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $2,510 within 30 days of this order.

Gary Melick
Administrative Law Judge

Distribution:

Caryl L. Casden, Esq., U.S. Department of Labor, Office of the Solicitor, 4015 Wilson Boulevard, Room 516, Arlington, VA 22203 (Certified Mail)

Walter J. Scheller III, Esq., Consolidation Coal Company, Consol Plaza, Pittsburgh, PA 15241-1421 (Certified Mail)

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