In the matter of
Shell Energy Co. Inc.
Stacy-Meranda Mine
I.D. No. 46-08086
Docket No. M-96-060-C
Date Issued: 04/12/1997
PROPOSED ORDER OF DISMISSAL
By petition for modification filed on May 15, 1996 Petitioner requesed modification of the application of 30 CFR 75.380(d) (3 and 4) to Petitioner's Stacy-Meranda Mine, located in Harrison Couty, West Virginia.
On August 29, 1996, the Petitioner requested that its petition be withdrawn. That letter did not provide explanation for the company's "notice to rectract" the petition. MSHA investigators confirmed that the petitioned belt entry was blocked by a roof fall at locations for which reduced minimum heights and widths for the alternative escapeway had been proposed. The investigation report dated September 9, 1996, further documented the operator's statement that the mine was being closed and that the petition was no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Shell Energy Co. Inc.'s Petition for Modification of 30 CPR.75.380(d)(3and 4) to its Stacy Meranda Mine is dismissed without prejudice.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the bearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health