[DOCID: f:eaj20014am.wais] PRONGHORN DRILLING COMPANY February 14, 2002 EAJ 2001-4 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, Suite 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 February 14, 2002 PRONGHORN DRILLING COMPANY, : EQUAL ACCESS TO JUSTICE Applicant : PROCEEDING : v. : DOCKET NO. EAJ 2001-4 : SECRETARY OF LABOR, : Formerly WEST 2000-537-M/538-M MINE SAFETY AND HEALTH : A. C. Nos. 48-00837-05501 N5Y ADMINISTRATION (MSHA), : 48-00837-05502 N5Y Respondent: : : Smith Ranch Project AMENDMENT TO DECISION Pursuant to Commission Rule 69(c), 29 C.F.R. § 2700.69(c), paragraph 2 page 3 of the decision in this case issued January 15, 2002, is hereby corrected to read as follows: The Secretary nevertheless argues that Rio Algom's processing of this mineral, which has been extracted in liquid form without workers underground, is covered under Section 3(h)(1)(C) of the Act as "the milling of such minerals." "Coal or other mine" is there defined to also include ". . . structures, facilities, equipment, machines, tools, or other property, . . . used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals . . ." (emphasis added). Gary Melick Administrative Law Judge Distribution: (By Certified Mail) Sean P. Durrant, P.C., Palmerlee & Durrant, LLC, 11 North Main Street, Buffalo, WY 82834 Edward Falkowski, Esq., Office of the Solicitor, U.S. Dept. of Labor, P.O. Box 46550, Denver, CO 80201-6550 \mca