<DOC>
[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