[DOCID: f:wv9516.wais] FERN COVE INCORPORATED August 22, 1995 WEVA 95-16 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET, N.W., SUITE 600 WASHINGTON, D.C. 20006 August 22, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEVA 95-16 Petitioner : A. C. No. 46-07062-03619 : v. : Docket No. WEVA 95-64 FERN COVE INCORPORATED, : A. C. No. 46-07062-03623 Respondent : : Coalbank Fork No. 12 : SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. WEVA 95-65 Petitioner : A. C. No. 46-06329-03657 : v. : Tanglewood No. 2 TANGLEWOOD ENERGY, : INCORPORATED, : Respondent : ORDER OF DEFAULT Before: Judge Merlin A show cause order was issued in Docket No. WEVA 95-16 on February 8, 1995. A show cause order was issued in Docket No. WEVA 95-65 on February 28, 1995. A show cause order was issued in Docket No. WEVA 95-64 on February 28, 1995. On April 27, 1995, an order was issued staying these cases. The operator had petitioned the Commission for relief in 120 civil penalty cases where it failed to either timely contest the civil penalty assessment or was held in default for failing to answer the Secretary's penalty petition. Therefore, these matters were stayed pending a decision by the Commission in theses cases. On July 13, 1995, the Commission issued a decision with respect to the operator's petition for relief. The Commission denied the operator's request to reopen the 120 civil penalty cases. The Commission found that the operator failed to provide sufficient grounds or adequate explanations to justify relief from the final orders. Tanglewood Energy Inc. and Fern Cove Inc., 17 FMSHRC 1105. The files contain the return receipt showing that the operator received a copy of the April 27 order on May 9, 1995. In addition, the files contain return receipts showing that the operator received a show cause order for Docket No. WEVA 95-16 on February 16, 1995, for Docket No. WEVA 95-64 on March 2, 1995, and Docket No. WEVA 95-65 on March 2, 1995. The operator did not file an answer or response to the show cause orders in any of these cases. More than 30 days has past since the Commission's decision and the operator still has not filed any response. Therefore, these cases are now ripe for default. Accordingly, it is ORDERED that the operator be held in DEFAULT for the penalty amounts in these cases totaling $39,049 and that it PAY this sum immediately. Paul Merlin Chief Administrative Law Judge Distribution: (Certified Mail) Heather Bupp-Habuda, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, VA 22203 Mr. Randy Burke, President, Fern Cove, Inc., P. O. Box 554, Oakland, MD 21550 /gl