United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
                                  1120 20th Street, N.W., Ninth Floor
                                        Washington, DC 20036-3457




SECRETARY OF LABOR,Complainant,
 OSHRC Docket No. 09-1284


v.SHAW AREVA MOX SERVICES,  LLC,  
Respondent.


BRIEFING NOTICE
      The issues that follow have been identified by the Review Commission as of particular interest on review.  The parties, however, are free to brief issues that are presented in the Petition for Discretionary Review in addition to that below.
      
(1) Under Citation 1, Item 2, did the judge err in affirming a violation of 29 C.F.R. § 1926.404(f)(6) with respect to the adapter?  In addressing this question, the parties are asked to discuss the following:
a. Does the cited provision’s applicability to the adapter depend upon whether a requirement to ground the adapter exists elsewhere in 29 C.F.R. subpart K? 
b. Did the judge err in finding exposure to the conditions alleged regarding the adapter?
(2) Under Citation 1, Item 2, did the judge err in finding that the Respondent had constructive knowledge of the conditions alleged regarding the electrical cord for the fuel tank pump?
      The parties are advised that when the merits or characterization of an item are before the Commission for review, the appropriateness of the penalty is also subject to review.  Accordingly, the parties may address the amount of the penalty if they so choose.

	All briefs are to be filed in accordance with Commission Rule 93.1  The first brief is to be filed within 40 days of this notice.  A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefore within the applicable time for filing briefs, and shall serve a copy on all other parties.  The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service.
	


	BY DIRECTION OF THE COMMISSION



Dated:  January 29, 2010		/s/					
	Ray H. Darling, Jr.
	Executive Secretary


09-1284 

NOTICE IS GIVEN TO THE FOLLOWING:


Charles F. James, Esq.
Counsel for Appellate Litigation
Office of the Solicitor
U.S. Department of Labor, Room S 4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210

Carl B. Carruth, Esq. 
McNair Law Firm, P.A.
Post Office Box 11390
Columbia, South Carolina 29211







1 The Commission requests that all briefs include an alphabetical table of authorities with references to the pages on which they are cited, and that an asterisk be placed in the left-hand margin of the table to indicate those authorities on which the brief principally relies.  The Commission also requests that copies of cited authority, other than statutes, case law, law journal articles and legal treatises, be provided to the Commission and to the opposing party.  Parties should be cautioned that these materials will be considered only if appropriate.
??

??

??

??