FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE, NW

SUITE 9500

WASHINGTON, DC 20001

November 24, 2008

BEFORE: Duffy, Chairman; Jordan, Young, and Cohen, 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. (2000) (“Mine Act”). On June 24, 2008, the Commission received from Solar Coal Company (“Solar”) a letter requesting reopening of eight 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). That request will the subject of a future Commission order in Docket Nos. KENT 2008-1207 through 2008-1214.

            Attached to Solar’s request was a copy of two pages of a ninth proposed penalty assessment, No. 000152513, issued by the Department of Labor’s Mine Safety and Health Administration (“MSHA”) on June 5, 2008. On those pages, Solar had indicated that it was contesting all of the penalties proposed. The assessment was construed as also the subject of Solar’s request to reopen, and the above docket number was assigned to it.

            The Secretary subsequently informed the Commission that Assessment No. 000152513 is being treated by MSHA as a validly contested assessment. Consequently, there is no final Commission order with respect to this assessment to reopen, and this docket is dismissed.

                                                                                    ____________________________________

                                                                                    Michael F. Duffy, Chairman

                                                                                    ____________________________________

                                                                                    Mary Lu Jordan, Commissioner

                                                                                    ____________________________________

                                                                                    Michael G. Young, Commissioner

                                                                                    ____________________________________

                                                                                    Robert F. Cohen, Jr., Commissioner

Distribution:

Scarlett Biliter, Owner

Solar Coal Co.

76 George Rd.

Betsy Layne, KY 41605

W. Christian Schumann, Esq.

Office of the Solicitor

U.S. Department of Labor

1100 Wilson Blvd., Room 2220

 Arlington, VA 22209-2296

Myra James, Chief

Office of Civil Penalty Compliance

U.S. Department of Labor, MSHA

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