FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVE., N.W., SUITE 520N
WASHINGTON, DC 20004-1710
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
: Docket No. LAKE 2017-0148
WHITE COUNTY COAL, LLC :
BEFORE: Althen, Acting Chairman; Jordan, Young, and Cohen, Commissioners
BY THE COMMISSION:
On February 9, 2018, Administrative Law Judge Priscilla Rae requested leave of the Commission to amend her Decision Approving Settlement, issued in this proceeding on October 24, 2017, in order to correct a clerical error. Under section 113(d)(1) of the Act, the Judge’s decision became a final order of the Commission 40 days after its issuance. 30 U.S.C. § 823(d)(1). However, pursuant to Commission Procedural Rule 69(c), a Judge may correct clerical errors in a final decision with leave of the Commission. 29 C.F.R. § 2700.69(c).
Upon consideration of the Judge’s request, it is GRANTED. We reopen the case, remand the matter to the Judge, and grant her leave to correct the error as requested.
/s/ William I. Althen
William I. Althen, Acting Chairman
/s/ Mary Lu Jordan
Mary Lu Jordan, Commissioner
/s/ Michael G. Young
Michael G. Young, Commissioner
/s/ Robert F. Cohen, Jr.
Robert F. Cohen, Jr., Commissioner