FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE, NW
SUITE 9500
WASHINGTON, DC 20001
March 13, 2012
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
v.
SAN JUAN COAL COMPANY |
: : : : : : : : |
Docket No. CENT 2009-545 A.C. No. 29-02170-188587 |
BEFORE: Jordan, Chairman; Duffy, Young, Cohen, and Nakamura, Commissioners
ORDER
BY THE COMMISSION:
This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2006) (“Mine Act”). On August 22, 2011, the Commission received from San Juan Coal Co. (“San Juan Coal”) a motion submitted by counsel seeking to reopen a penalty assessment proceeding and relieve it from the settlement decision entered against it.
On August 20, 2010, Chief Administrative Law Judge Lesnick issued a Decision
approving a partial settlement for citation Nos. 7290226 and 7290228.
San Juan Coal asserts
that the partial settlement decision was mistakenly applied to the entire case No. 000188587.
San Juan Coal further states that it maintains its desire to contest the two remaining citation Nos.
6688822 and 6688825. The Secretary does not oppose the request to reopen, and notes that the
settlement agreement only encompassed citation Nos. 7290226 and 7290228.
Having reviewed San Juan Coal’s request and the Secretary’s response, in the interests of justice, we hereby grant the operator’s motion and remand this case to the Chief Administrative Law Judge for further proceedings pursuant to the Mine Act and the Commission’s Procedural Rules, 29 C.F.R. Part 2700.
/s/ Mary Lu Jordan
Mary Lu Jordan, Chairman
/s/ Michael F. Duffy
Michael F. Duffy, Commissioner
/s/Michael G. Young
Michael G. Young, Commissioner
/s/ Robert F. Cohen, Jr.
Robert F. Cohen, Jr., Commissioner
/s/ Patrick K. Nakamura
Patrick K. Nakamura, Commissioner
Distribution:
David C. Hales
San Juan Coal Co.
P.O. Box 561
Waterflow, NM 87421
Daniel W. Wolff, Esq.
Crowell & Moring LLP
1001 Pennsylvania Avenue N. W.
Washington, DC 20004-2595
Larry Ramey
Conference & Litigation Representative
U.S. Department of Labor
MSHA
P.O. Box 25367
Denver, CO 80225
W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., Room 2220
Arlington, VA 22209-2296
Melanie Garris
Office of Civil Penalty Compliance
MSHA
U.S. Dept. of Labor
1100 Wilson Blvd., 25th Floor
Arlington, VA 22209-3939
Chief Administrative Law Judge Robert J. Lesnick
Federal Mine Safety & Health Review Commission
601 New Jersey Avenue, N. W., Suite 9500
Washington, D.C. 20001-2021