This proceeding is before the Occupational Health and Safety Review Commission (“the Commission” or “OSHRC”) pursuant to § 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) (“the Act”). On Wednesday, December 22, 2010, upon being notified of an accident, the Occupational Safety and Health Administration (“OSHA”) initiated an inspection of Calpine Corporation’s (“Respondent” or “Calpine”) Bethlehem Energy Center (“BEC”) facility in Bethlehem, Pennsylvania. (SF-5).