<DOC>
[DOCID: f:eaj20014fi.wais]

 
PRONGHORN DRILLING COMPANY
March 4, 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


                          March 4, 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

            FINAL DECISION AWARDING FEES AND EXPENSES

     The decision on the merits in this Equal Access  to  Justice
proceeding  was  issued January 15, 2002, and amended on February
14, 2002.  A Motion to Reconsider Decision filed by the Secretary
was denied on March 1, 2002.

     Applicant Pronghorn  Drilling Company (Pronghorn) is seeking
an award of fees and expenses  in  this  proceeding.  (a) For the
period through September 2001, in the amount  of $50,942.45.  For
the reasons set forth in the Order Denying Motion  to  Reconsider
Decision,  the Secretary's challenge to a portion of this  amount
is denied.   (b)  For  the  period  from October 1, 2001, through
January 31, 2002, in the amount of $5,258.97.   Of  this  amount,
$488.13,  is  disputed  by the Secretary.  Pronghorn acknowledges
that it cannot "justify the  expense."  In an amended application
filed February 25, 2002, Pronghorn  also  seeks reimbursement for
$923.92, for "Westlaw charges." Accordingly  the  award  for this
period  is  adjusted  to  $5,714.76.   (c)  For  the  period from
February 1, 2002 to February 21, 2002, Pronghorn seeks  fees  and
expenses of $1,757.92.  These amounts are not disputed.

                              ORDER

     The  Secretary  of  Labor  is  hereby  directed  to  pay  to
Pronghorn  Drilling  Company, an award of $58,395.13, in fees and
expenses within 40 days of the date of this order.


                              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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