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[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

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