SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 2004-147
Petitioner : A.C. No. 11-00877-34581
:
v. :
:
WABASH MINE HOLDING CO., : Wabash Mine
Respondent :
ORDER MODIFYING CAPTION
AND
DEFERRING ON RULING ON MOTION
TO VACATE CIVIL PENALTIES
The respondent has moved to modify the captioned proceeding to reflect the correct mine operator name is Wabash Mine Holding Company (Wabash). Foundation Midwest Holding Company, the previously named respondent in this matter, is an affiliate of Wabash. The Secretary does not oppose Wabash's motion. Accordingly, IT IS ORDERED that the captioned proceeding IS MODIFIED to reflect Wabash Mine Holding Company as the named respondent.
This matter is scheduled for hearing on May 18, 2005. Relying on the Commission's decision in Twentymile Coal Co., 26 FMSHRC 666 (Aug. 2004), appeal docketed, No. 04-1292 (D.C. Cir. Aug. 30, 2004), Wabash filed a motion to vacate the proposed penalties asserting they were not proposed by the Secretary "within a reasonable time" as specified in Section 105(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(a). The Secretary opposes Wabash's motion. During a March 3, 2005, telephone conference I advised counsel for the parties that I considered the motion to be premature because liability has not been established. Counsel were advised that I would defer ruling on the motion until after the hearing and that they would be afforded with the opportunity to further address the "reasonable time" issue in their post-hearing briefs.
Jerold Feldman
Administrative Law Judge
(202) 434-9967
Distribution: (Certified Mail)
Christine M. Kassak Smith, Esq., Office of the Solicitor, U.S. Department of Labor 230 S. Dearborn Street, 8th Fl., Chicago, IL 60604
R. Henry Moore, Esq., Jackson Kelly, PLLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, PA 15222
/hs