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Massey Blames Regulators For Losses, Gives Ex-CEO Lavish Retirement Package

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First Posted: 04/21/11 01:28 PM ET Updated: 06/21/11 06:12 AM ET

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Massey Energy, the owner of the Upper Big Branch mine where 29 miners died in an explosion last April, is blaming pesky federal regulators for the fact that the company lost money last year, according to an amended 10-K filing unearthed by Footnoted.com.

Considering that Massey has been cited repeatedly for workplace safety and health violations, and emerging evidence suggests that it bears some responsibility for the poor conditions at the mine which caused the explosion (though investigations are still ongoing), the company's nonchalant attitude in the amended 10-K is striking.

This is from the filing's section on executive pay:

As a result of the tragedy at UBB, [federal mine-safety regulators] significantly increased regulatory enforcement in our mines. The increased regulatory enforcement had a significant negative impact our productivity and operating results for 2010. Although revenues increased 13% compared to 2009, due to the UBB tragedy and the significantly increased regulatory environment in which we operate, we had a net loss of $166.6 million for 2010.

Not that the company's executives suffered as a result -- Footnoted.com notes that a longtime chairman and CEO got a lucrative retirement package when he stepped down in December:

$14.4 million in all, including severance, 2010 bonus payments (yes, he got one), a secretary and office space for up to five years in retirement, two years of health-care benefits, a two-year consulting contract, a free house, reimbursement for $257,111 in taxes on the free house, and even an option on the land next to the free house. Plus, as far as we can tell, he still stands to collect a pension valued at $7 million, and a deferred-compensation account balance of $32.1 million.

Also, the company makes a big deal out of the fact that it created a new Safety and Environmental Committee last year, though Footnoted.com notes that it's largely made up of the same people who sat on its previous Safety, Environmental and Public Policy Committee, which only met four times during the year before the Upper Big Branch disaster.

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Welcome to "The Watchdog," which will keep a close eye on regulatory agencies and how their actions impact the lives of everyday Americans. Though the rules and regulations they write -- from determin...
Welcome to "The Watchdog," which will keep a close eye on regulatory agencies and how their actions impact the lives of everyday Americans. Though the rules and regulations they write -- from determin...
 
 
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08:41 AM on 04/24/2011
Oh don't worry per man hour Massey Energy's safety record was stellar and if you don't believe me just ask the execs getting bonuses at Transocean for 2010's tip top performance.

WHAT A DISGRACE.
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jcaunter
Profile: schizoid, INTJ
05:43 AM on 04/24/2011
And despite the moving eulogy Obama gave at the miners' funeral, there have been no, as in none, new regulations or enforcement actions that would keep Obama from having to give another eulogy for another group of miners.

Obama: all talk, no action (unless it helps his Wall Street buds or energy sector vampires).
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syrinx14
Grapes of Wrath page252
02:13 AM on 04/24/2011
i would like to see a list of the actual regulations that actually were required and put into place and how much each regulation cost. of course, i believe massey lost money through their incompetence (kinda creates a pall around your business when you blow up your workers) and the bazillions they threw at the CEO. the ceo gets paid $5,000 (made it up) an hour in his retirement and the dead miners lose their lives. they blame the regulators (that's their EXCUSE, not grounded in reality) when they don't want to see how completely this is their (criminal) fault.
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davidapollo
01:39 AM on 04/24/2011
Massey Execs belong in prison!
02:59 PM on 04/23/2011
That money he made is covered in blood.
This user has chosen to opt out of the Badges program
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01:04 PM on 04/23/2011
Public corporations need to get back into the business of promoting shareholder interest rather than just the interests of management.

1. More corporate democracy and empowered shareholders. If this was the case we wouldn’t need caps on CEO salaries and bonuses. Corporate law was developed around 400 years ago when there was a much more limited media and no internet.

2. No reciprocal board seats. That is management and boards can’t serve on each other’s boards.

3. The corporate veil needs to be much more permeable. When management screws up they can be fined and punished rather than the shareholders who have had nothing to do with it. As it is, management screws up and the corporation gets fined resulting in the shareholders paying.

4. Management paid bonuses based on 5- 7 year performance rather than year to year. This would eliminate the need for clawbacks and insure more long term management decisions rather than quarter to quarter and year to year.
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mjtaylor22
11:55 AM on 04/23/2011
so that severance package and exorbirant salarieshad nothnng to do with your losses...CEO pay is not calculated into this....just the fact that you r previous ignorign of safety laws cost you and the fact that you lax safety was prob a direct cause of the dam mine collapsing........which shut down production.....and cost you mor e in revenue than if you had actually implemented the safety measures...that is the regulators fault....and therefore the cause you see for your losses..........oooookkkkaaayyyyy..........sounds like a tax trick....time for an audit
12:53 AM on 04/23/2011
The package is hardly a surprise. See CEOs Still get Princely Pay for Pathetic Performance
http://news.yahoo.com/s/ac/20110415/bs_ac/8297661_ceos_still_get_princely_pay_for_pathetic_performance
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LisaO8
You're gonna need a bigger boat.
12:44 AM on 04/23/2011
It's stories like these, especially on such a holy weekend, that saddens me that there is and always will be such greed in the world, that those men have died in vain, just like in our wars and a man like that has no remorse whatsoever...
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irochfpst
no right turn
11:17 PM on 04/22/2011
how do you explain people like this? we have to figure out a way to keep these people from benefiting from the tragedy of others.
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Brenda Starr
Time is before us. Time is after us.
07:45 PM on 04/22/2011
Yeah, yeah -- blame it on the bossa-nova, you greedy j.er.k.
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onionboy
Blessed are the Cheese Makers
05:01 PM on 04/22/2011
Drop him down a mine shaft. He can use his golden parachute to break the fall.
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sensimilla
Lead with your heart, and your mind will follow...
03:57 PM on 04/22/2011
if you cannot run a safe, environmentally sound company, then you should be out of business.

Simple as that.
12:18 PM on 04/22/2011
This is the perfect example of greed and avarice.

It is always the regulators fault because he cares not about safety only money for himself and his greedy friends.

Obviously this is a charade as if that much in the tank how can they reward to cretin who was watching over the company liability (like a CEO cares about his company) and did nothing to follow the guidelines for safety.

This story should be about murder charges and not just the corporate irresponsibility Massey has exhibited for its whole sordid history.
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Paul Houston
British and a London resident
12:15 PM on 04/22/2011
Who was it who shouted at the House committee on Un-American activities "Have you no shame!" Seems to me it needs to be shouted more.
12:27 PM on 04/22/2011
Joseph Welch
Let us not assassinate this lad further, Senator. You've done enough. Have you no sense of decency, sir, at long last? Have you left no sense of decency?" When McCarthy once again persisted, Welch cut him off and demanded the chairman "call the next witness". At that point, the gallery erupted in applause and a recess was called.[83]