Consolidation Coal Company (ALJ decision, February 4, 1992)

Plain-English summary

Consolidation Coal Company agreed to pay the proposed $379 penalty for an alleged violation of 30 C.F.R. § 75.400 at the Robinson Run No. 95 Mine. Judge George A. Koutras approved the settlement after noting that the condition was rapidly abated and that the violation involved moderate negligence. The civil penalty proceeding was dismissed after payment, and the companion contest docket was also dismissed.

Decision snapshot

• Cited standard: 30 C.F.R. § 75.400
• Outcome: The $379 settlement was approved, the civil penalty proceeding was dismissed after payment, and Docket No. WEVA 91-210-R was dismissed.
• Key point: The judge found the settlement to be in the public interest after considering the rapid abatement and moderate negligence.

Full text (FMSHRC public release)

CCASE:
CONSOLIDATION COAL V. MSHA
MSHA V. CONSOLIDATION COAL
DDATE:
19920204
TTEXT:

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CONSOLIDATION COAL COMPANY, : CONTEST PROCEEDING Contestant : Docket No. WEVA 91-210-R
v. : Citation No. 3105298; 2/7/91
: Robinson Run No. 95 Mine
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
Respondent :
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 91-1961 Petitioner : A.C. No. 46-01318-04008
v. : Robinson Run No. 95 Mine
CONSOLIDATION COAL COMPANY, :
Respondent
:

DECISION and
ORDER OF DISMISSAL

Appearances: Wanda M. Johnson, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for the Petitioner/Respondent;
Walter J. Scheller, Esq., Consolidation Coal Company, Pittsburgh, Pennsylvania, for the Respondent/Contestant.

Before: Judge Koutras

Statement of the Proceedings

The captioned civil penalty proceeding concerns a proposal for assessment of civil penalty filed by the petitioner against the respondent pursuant to section 110(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 820(a), seeking a civil penalty assessment of $379, for an alleged violation of mandatory safety standard 30 C.F.R. § 75.400. The case was consolidated for hearing in Morgantown, West Virginia, with the captioned contest Docket No. WEVA 91-210-R, and with several other dockets concerning these same parties.

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Discussion

The parties agreed to settle the civil penalty case, and the petitioner was afforded an opportunity to present the proposed settlement motion orally on the record pursuant to Commission Rule 30, 29 C.F.R. § 2700.30.

In support of the proposed settlement, the petitioner stated that the respondent has agreed to pay the initial proposed penalty assessment of $379, in full. I took note of the fact the violation was the result of moderate negligence, and that the cited condition was rapidly abated with an hour of the issuance of the citation.
Conclusion

In view of the foregoing, and after careful review of the pleadings and the arguments in support of the proposed settlement disposition of the alleged violation, the proposed settlement was approved from the bench. I conclude and find that the settlement is in the public interest, and my bench decision is reaffirmed. The settlement IS APPROVED.

ORDER

Docket No. WEVA 91-1961. The respondent IS ORDERED to pay a civil penalty assessment of $379, in satisfaction of section 104(a) Citation No. 3105298, February 7, 1991, 30 C.F.R.
§ 75.400. Payment is to be made to MSHA within thirty (30) day of the date of this decision and order, and upon receipt of payment, this matter is dismissed.

Docket No. WEVA 91-210-R. In view of the settlement disposition of the companion civil penalty case, the docketed contest case IS DISMISSED.
George A. Koutras
Administrative Law Judge

Distribution:

Wanda M. Johnson, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Room 516, Arlington, VA 22203 (Certified Mail)

Walter J. Scheller III, Esq., Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, PA 15241 (Certified Mail)

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