FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

1331 Pennsylvania Avenue, NW, Suite 520N

Washington, DC 20004

June 6, 2017

SECRETARY OF LABOR    MINE SAFETY AND HEALTH      ADMINISTRATION (MSHA),                               Petitioner,                         v. BIG RIDGE, INC.,                               Respondent.

CIVIL PENALTY PROCEEDING Docket No. LAKE 2009-57 A.C. No. 11-03054-163984 Mine:  Willow Lake Portal

ORDER CORRECTING TYPOGRAPHICAL ERROR

Before:              Judge Feldman

            The Decision on Remand and Order to Pay issued on June 5, 2017, IS HEREBY corrected to replace the word “not” with “now” in the second sentence of footnote one, as follows:

The caption in the Commission’s remand also concerned Docket Nos. LAKE 2008-436, LAKE 2009-58, LAKE 2009-59, and LAKE 2009-378.  With the exception of Citation No. 6674618 in Docket No. LAKE 2009-57, for which the parties have now agreed upon payment of a $1,795.00 civil penalty, Judge Melick ordered that Big Ridge pay a total civil penalty of $272,961.00 in satisfaction of the all other citations/orders in these five dockets.  Big Ridge has timely paid the $272,961.00 civil penalty.

/s/ Jerold Feldman

Jerold Feldman

                                                                        Administrative Law Judge

Distribution:

Emily B. Hays, Esq., U.S. Department of Labor, Office of the Solicitor, 1244 Speer Blvd., Suite 216, Denver, CO 80204-3516

Arthur Wolfson, Esq., Jackson Kelly PLLC, Three Gateway Center, 401 Liberty Avenue, Suite 1500, Pittsburgh, PA 15222

/acp