[DOCID: f:p93-51.wais] POWER OPERATING COMPANY, INC. March 29, 1996 PENN 93-51 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 29, 1996 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : REVIEW COMMISSION, : Docket No. PENN 93-51 Petitioner : A. C. No. 36-02713-03576 v. : : Leslie Tipple POWER OPERATING COMPANY, INC., : Respondent : DECISION ON REMAND Appearances: Linda Henry, Esq., Office of the Solicitor, U.S. Department of Labor, Philadelphia, Pennsylvania for Petitioner; Tim D. Norris, Esq., and Farrah Lynn Walker, Esq., Stradley, Ronon, Stevens & Young, Philadelphia, Pennsylvania for Respondent. Before: Judge Weisberger On March 18, 1996, the Commission (18 FMSHRC, Docket No. PENN 93-51, March 18, 1996) issued a decision reversing my initial finding that the cited violation of 30 C.F.R. § 1710(e) (Citation No. 3709644) was not significant and substantial. The Commission remanded for reassessment of the civil penalty. I reiterate my initial finding that Respondents negligence was less than moderate (16 FMSHRC 591,607). Taking cognizance of the Commission's finding that the violation was significant and substantial in that there was a reasonable likelihood of an eye injury of a reasonably serious nature. I find that a penalty of $500 is appropriate. Avram Weisberger Administrative Law Judge Distribution: Linda Henry, Esq., Office of the Solicitor, U.S. Department of Labor, 3535 Market Street, Room 14480, Gateway Building, Philadelphia, PA 19104 (Certified Mail) Tim D. Norris, Esq., and Farrah Lynn Walker, Esq., Stradley, Ronon, Stevens & Young, 2600 One Commerce Square, Philadelphia, PA 19103-7098 /ml