<DOC>
[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safety standard that has been superseded by a new standard.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