Ezel / Agency Decisions / weva-91-210-r-alj
FMSHRC ALJ decision Docket WEVA 91-210-R, WEVA 91-211-R, WEVA 91-212-R, WEVA 91-1961 Decided February 4, 1992 Settled Judge George A. Koutras Transcribed from scan

Consolidation Coal Company

Consolidation Coal Company (FMSHRC WEVA 91-210-R): Settlement approved and contest dismissed

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This order from 1992 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 1992
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 Commission precedent. 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

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:

Page 2

~265
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.

Page 3

~266
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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