Utah Power & Light Co., Mining Division v. Secretary of Labor and Federal Mine Safety and Health Review Commission

DUMBAULD, Senior District Judge.

Petitioner Utah Power and Light Co. attacks the decision of the Federal Mine Safety and Health Review Commission in the Department of Labor 1 determining that petitioner violated applicable requirements prohibiting accumulation of loose coal and coal dust in its Cottonwood Mine in Utah. 2 We affirm.

In the Federal Coal Mine Health and Safety Act of December 30, 1969, 3 83 Stat. 742-743, 30 U.S.C. 801 et seq., the Congress declared as national policy, in Section 2 of the Act:(a) the first priority and concern of all in the coal mining industry must be the health…