FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
601 NEW JERSEY AVENUE, NW
SUITE 9500
WASHINGTON, DC 20001
August 23, 2011
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) v. KINGWOOD MINING COMPANY, LLC. |
: : : : : : : |
|
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 February 12 and April 7, 2009, the Commission received
from Kingwood Mining Company, LLC (“Kingwood”) motions by counsel to reopen two penalty
assessments that had become final orders of the Commission pursuant to section 105(a) of the
Mine Act, 30 U.S.C. § 815(a).
The Secretary opposed both motions to reopen.
On April 19, 2011, Kingwood filed motions to withdraw its requests to reopen. The operator requests that its earlier motions be dismissed without prejudice in order that Kingwood, which has ceased mining operations at the mine subject to the penalties at issue, may enter into a global settlement of all outstanding penalties that the mine owes to the Department of Labor’s Mine Safety and Health Administration. Kingwood’s motions to withdraw did not indicate the Secretary’s position on the matter, and she has not responded to the motions.
Having considered Kingwood’s motions to withdraw, we hereby grant its requests and dismiss its earlier motions to reopen without prejudice.
____________________________________
Mary Lu Jordan, Chairman
____________________________________
Michael F. Duffy, Commissioner
____________________________________
Michael G. Young, Commissioner
____________________________________
Robert F. Cohen, Jr., Commissioner
____________________________________
Patrick K. Nakamura, Commissioner
Distribution:
F. Thomas Rubenstein, Esq.
Dinsmore & Shohl, LLP
215 Don Knotts Blvd., Suite 310
Morgantown, WV 26501
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