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1989 FMSHRC [1] (1989)

handle is hein.usfed/fmshr1989 and id is 1 raw text is: CCASE:
EMERY MINIG AND UTAH POWER AND LIGHT V. MSHA, UMWA
DDATE:
19890110
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
January 10, 1989
EMERY MINING CORPORATION  DOCKET NOS. WEST 87-130-R
and UTAH POWER AND LIGHT         THROUGH 137-R
COMPANY

V.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

WEST 87-144-R
THROUGH-147-R
WEST 87-150-R
WEST 87-152-R
WEST 87-153-R
WEST 87-155-R
THROUGH 161-R
WEST 87-163-R

and

UNITED MINE WORKERS
OF AMERICA (UMWA)

WEST 87-243-R
THROUGH 249-R
WEST 87-208-R
WEST 87-209-R
WEST 87-25
DIRECTION FOR REVIEW AND ORDER
On November 19, 1988, the Secretary of Labor filed a
petition for interlocutory review of an order issued August 30,
1988, wherein the presiding administrative law judge granted
the petition of Utah Power and Light Company (UP&L) to vacate
30 modified citations and orders to the extent that they named
UP&L as a party.
On December 5, 1988, UP&L filed an opposition to the
petition for interlocutory review arguing, among other things,
that the subject order was not interlocutory but rather was a
final order, reviewable only upon the timely filing of a
petition for discretionary review in accordance with 30 U.S.C.
Sec. 823(d)(2)(A)(i) and Commission Procedural Rule 70, 29 C.F.R.
Sec. 2700.70. See UP&L Opposition at 6.
~2
On December 19, 1988, the Secretary filed a reply to UP&L's

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