FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, D.C. 20004-1710
December 14, 2012
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) v. CLOVERLICK COAL COMPANY, LLC |
: : : : : : : |
Docket No. KENT 2012-116 A.C. No. 15-19418-216719 |
BEFORE: Jordan, Chairman; Young 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 October 27, 2011, the Commission received from Cloverlick Coal Company, LLC (“Cloverlick”) a motion seeking to reopen a penalty assessment that had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 815(a).
The Secretary of Labor informed the Commission that on December 5, 2011, the operator paid the penalty assessment in full. The Secretary therefore assumes that the operator no longer wishes to pursue its reopening request.
Cloverlick has not replied to the Secretary’s statement to the Commission. Therefore, we conclude that Cloverlick has withdrawn its motion to reopen. Accordingly, this case is dismissed.
/s/ Mary Lu Jordan
Mary Lu Jordan, Commissioner
/s/ Michael G. Young
Michael G. Young, Commissioner
/s/ Patrick K. Nakamura
Patrick K. Nakamura, Commissioner
Distribution:
Richard D. Cohelia
Safety Department
Cloverlick Coal Co., LLC
P.O. Box 527
Benham, KY 40807
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