1 This matter was
filed pursuant to the employee protection provisions of the Energy Reorganization Act, as
amended, 42 U.S.C. § 5851 (1988). On April 17, 1996, a Secretary's Order was signed
delegating jurisdiction to issue final agency decisions under these statutes and the implementing
regulations (29 C.F.R. Part 24) to the Administrative Review Board. Secretary's Order 2-96
(Apr. 17, 1996), 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a
comprehensive list of the statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions. Final procedural revisions
to the regulations (61 Fed. Reg. 19982) implementing this reorganization were also published
on May 3, 1996.
2 Subparagraph B was not amended by the CNEPA. On March 16, 1994, the Secretary of Labor
proposed regulations to implement the CNEPA amendments to the ERA. 59 Fed. Reg. 12506.
These regulations have not yet been finalized.
3See
U. S. Department of Labor, Wage and Hour Division letter, dated December 29, 1992,
to Thomas H. Smith, p.1, ¶ 1.