[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 \mca