. L&J ENERGY COMPANY, INC. January 25, 1996 PENN 93-15 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 January 25, 1996 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : : v. : Docket No. PENN 93-15 : L&J ENERGY COMPANY, INC. : BEFORE: Jordan, Chairman; Doyle, Holen, Marks and Riley, Commissioners ORDER BY THE COMMISSION: The Secretary of Labor has filed a motion for reconsideration of the Commission's January 11, 1996, denial of the petition for discretionary review previously filed by L&J Energy Company, Inc. ("L&J"). L&J supports the Secretary's motion and requests oral argument. Upon review of the parties' submissions, the Secretary's motion is granted in part. Review is directed only as to issue IV set forth in L&J's petition. Briefing is stayed pending further order of the Commission and the request for oral argument is denied. Mary Lu Jordan, Chairman Joyce A. Doyle, Commissioner Arlene Holen, Commissioner Marc Lincoln Marks, Commissioner James C. Riley, Commissioner