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Consolidation Coal Co. v. USDOL, 1999-MSA-10 (ALJ May 1, 2000)


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Date: May 1, 2000

Case No.: 1999-MSA-10

In the Matter of

CONSOLIDATION COAL COMPANY
concerning the REND LAKE MINE
    Petitioner

    v.

THE UNITED STATES DEPARTMENT OF LABOR
MINE SAFETY & HEALTH ADMINISTRATION
    Respondent

    and

UNITED MINE WORKERS OF AMERICA
    Party-in-Interest

BEFORE: RUDOLF L. JANSEN
Administrative Law Judge

DECISION APPROVING SETTLEMENT
AND ORDER OF DISMISSAL

   This proceeding arises under Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 911(c), and its implementing regulations found at 30 C.F.R. Part 44. On February 18, 1999, Consolidation Coal Company (hereinafter Consolidation or Petitioner) petitioned the Mine Safety and Health Administration for a modification of the application of 30 C.F.R. § 75.1002 relating to mandatory safety standards. Following an investigation, Respondent issued a Proposed Decision and Order on July 14, 1999. In its proposed Order, Respondent concludes that the alternate method proposed by Petitioner pertaining to high voltage cables will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1002-1(a).


[Page 2]

   In response to the Proposed Decision and Order, Consolidation requested revisions to five conditions stated in the proposed decision. Subsequently on August 14, 1999, Consolidation filed a partial appeal to the Proposed Decision and Order and requested a hearing on its petition.

   On April 20, 2000, Consolidation, the United Mine Workers of America and the Administrator for Coal Mine Safety and Health submitted a Consent Agreement Between the Parties which resolves the issues in dispute pertaining to the modification request of Consolidation. As part of the consideration for the Consent Agreement, the Administrator has already issued an Amended Proposed Decision and Order which reflects changes in the matters at issue which are amenable to all parties. Those changes are reflected in Attachment A to the Consent Agreement executed by the parties. Both the Consent Agreement and the Proposed Decision and Order are incorporated herein by this reference.

   The parties also agree that:

1. The record on which this Order is entered includes consideration of the petition, the administrative record, the Proposed Decision and Order, and the special terms and conditions incorporated into the Agreement;

2. Any rule or order issued in this proceeding has the same effect as if made after a full hearing;

3. They waive any further procedural steps before the presiding Administra tive Law Judge and the Assistant Secretary; and

4. The parties agree to waive any right to challenge or contest the validity of the findings and Order made in accordance with the Agreement.

ORDER

   I have carefully examined the Consent Agreement Between the Parties and the Proposed Decision and Order of the Administrator for Coal Mine Safety and Health. Following that review, I have concluded that the Consent Findings are consistent with the requirements of 30 C.F.R. § 44.27, and therefore, are accepted. The petition of Consolidation Coal Company in this matter is therefore dismissed. This Order constitutes the final agency action.

      Rudolf L. Jansen
      Administrative Law Judge



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