[DOCID: f:w-92-216.wais] ENERGY WEST MINING COMPANY November 16, 1995 WEST 92-216-R FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-3577/FAX 303-844-5268 November 16, 1995 ENERGY WEST MINING COMPANY, : CONTEST PROCEEDING Contestant : : Docket No. v. : Citation 3583185; 12/26/91 : SECRETARY OF LABOR, : Deer Creek Mine MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Mine I.D. 42-00121 Respondent : : : SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEST 92-421 Petitioner : A.C. 42-00121-03763 : v. : : Deer Creek Mine ENERGY WEST MINING COMPANY, : Respondent : ORDER OF DISMISSAL Before: Judge Manning These cases are before me following a remand from the Commission. 17 FMSHRC 1313, 1319 (August 1995). The Secretary of Labor has filed a motion to vacate these proceedings on the grounds that the cases concern the interpretation of a safety standard that has been superseded by a new standard. The motion states that the new standard "takes care of the issues presented" in the present cases. Energy West Mining Company supports the Secretary's motion. For good cause shown, the motion is GRANTED, and these proceedings are DISMISSED. Richard W. Manning Administrative Law Judge Distribution: Margaret A. Miller, Esq., Office of the Solicitor, U.S. Department of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716 Thomas C. Means, Esq., CROWELL & MORING, 1001 Pennsylvania Avenue, NW, Washington, DC 20004-2595 RWM