.
WESTERN FUELS-UTAH, INC
August 6, 1997
WEST 93-298


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3993/FAX 303-844-5268

                            August 6, 1997


SECRETARY OF LABOR,            :    CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :    Docket No. WEST 93-298
               Petitioner      :    A.C. No. 05-03505-03619
                               :
            v.                 :
                               :    Deserado Mine
WESTERN FUELS-UTAH, INC.,      :
  (BLUE MOUNTAIN ENERGY, INC., :
  Successor Operator),         :
               Respondent      :

                        DECISION ON REMAND
                  DECISION APPROVING SETTLEMENT

Before:  Judge Cetti

     This case is before me upon remand by the Commission for
further findings and analysis consistent with its June 3, 1997,
Decision Docket No. WEST 93-298, 18 FMSHRC ___ June 1997. In its
decision, the Commission affirmed the findings and orders with
respect to Citation Nos. 3587228, 3587229 and Order No. 3587231 and
remanded for further consideration the findings and orders with
respect to the slippage and sequence switch violations (section
75.1102) alleged in Citation No. 3587226 and the section 75.1101-
16(a) violation alleged in Citation No. 3587227.

     On July 16, 1997, Timothy M. Biddle of Crowell & Moring
L.L.P. filed a Notice of Change of Operator and a Notice of
Appearance.  The parties state that Western Fuels-Utah, Inc., the
operator at the time the citations were issued and at the time the
case was tried, sold the mine to  Blue Mountain Energy, Inc. and
that this successor operator will pay the fines.

     The parties after conferring, reached an amicable settlement
of the disputed issues and  on July 25, 1997, filed a Motion to 
Approve the Settlement Agreement and dismiss the case. The proffered
settlement is consistent with the Commission's Decision and provides
for a modest reduction of the MSHA proposed penalties for the 
remanded Citation Nos. 3587226 and 3587227 as follows:

                                                       Amended
  Citation No.    30 C.F.R.    Proposed Penalty    Proposed Penalty

   3587226        75.1102        $1,019.00           $ 750.00
   3587227        75.1101-16(a)   1,019.00             750.00
   3587228        75.1101-14(a)     724.00            Vacated
   3587229        75.1101-15(d)   4,000.00           4,000.00

                                            TOTAL   $5,500.00

     It has been recognized that settlements are favored as a way
of avoiding protracted and expensive litigation.   Core-Vent
Corp. v. Implant Innovations, Inc. 53 F. 3d 1252, 1259 (Fed Cir.
1995).  In this case, upon consideration of the entire record, I
conclude that the proffered settlement is appropriate under the
criteria set forth in section 110(i) of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it is ORDERED THAT THE SUCCESSOR OPERATOR, BLUE MOUNTAIN
ENERGY, INC., PAY a penalty of $5,500.00 to the Secretary of
Labor within 40 days of this order.  Upon receipt of payment,
this case is dismissed.


                              August F. Cetti
                              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

Timothy M. Biddle, Esq., CROWELL & MORING L.L.P., 1001 Pennsylvania
Ave. NW, Washington, D.C. 20004-2595
 
/sh
MARGARET A MILLER ESQ
OFFICE OF THE SOLICITOR
U S  DEPARTMENT OF LABOR
1999 BROADWAY #1600
DENVER CO 80202-5716

TIMOTHY M BIDDLE ESQ
CROWELL & MORING LLP
1001 PENNSYLVANIA AVE NW
WASHINGTON DC 20004-2595