IN THE MATTER OF 

PATRICK R. HUGHES,                                       CASE NO. 95-ERA-49
                        
          COMPLAINANT,                         DATE: May 31, 1996
          

     v.

ENTERGY OPERATIONS, INC.,

          RESPONDENT.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1] 


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. § 5851 (1988 and Supp. IV 1992).  The parties
submitted a Voluntary Separation Agreement and General Release
seeking approval of the settlement and dismissal of the
complaint.  The Administrative Law Judge (ALJ) issued a decision
on April 8, 1996, recommending that the settlement be approved.  
     The request for approval is based on an agreement entered
into by the parties, therefore, we must review it to determine
whether the terms are a fair, adequate and reasonable settlement
of the complaint.  42 U.S.C. § 5851(b)(2)(A) (1988). 
Macktal v. Secretary of Labor, 923 F.2d 1150, 1153-54 (5th
Cir. 1991); Thompson v. U.S. Dep't of Labor, 885 F.2d 551,
556 (9th Cir. 1989); Fuchko and Yunker v. Georgia Power
Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23,
1989, slip op. at 1-2. 
     The agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA.
See ¶ 1.  For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2, we have limited our review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement 
[PAGE 2]
of the Complainant's allegations that Respondent violated the
ERA.
     Paragraph 5 contains language which provides that the
Complainant shall keep the terms of the Agreement confidential.  
We construe this confidentiality provision as not restricting any
disclosure where required by law.  McGlynn v. Pulsair
Inc., Case No. 93-CAA-2, Sec. Final Order Approving
Settlement, June 28, 1993, slip op. at 3.  The parties'
submissions including the agreement become part of the record of
the case and are subject to the Freedom of Information Act
(FOIA), 5 U.S.C. § 552 (1988).  FOIA requires Federal
agencies to disclose requested records unless they are exempt
from disclosure under the Act. [2]   See Debose v. Carolina
Power & Light Co., Case No. 92-ERA-14, Ord. Disapproving
Settlement and Remanding Case, Feb. 7, 1994, slip op. at 2-3 and
cases there cited. 
     We find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint. 
Accordingly, we APPROVE the agreement and DISMISS THE COMPLAINT
WITH PREJUDICE. See ¶ 6. 
     SO ORDERED.




                              ___________________________
                              KARL J. SANDSTROM
                              Presiding Member

                              ____________________________
                              JOYCE D. MILLER
                              Alternate Member



[ENDNOTES]
           
[1]   On April 17, 1996, a Secretary's Order was signed
delegating jurisdiction to issue final agency decisions under
this statute and these regulations to the newly created
Administrative Review Board (ARB).  61 Fed. Reg. 19978 (May 3,
1996)(copy attached).  The ARB has reviewed the entire record in
this case in rendering this final order.

     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.  A
copy of the final procedural revisions to the regulations (61
Fed. Reg. 19982), implementing this reorganization is also
attached.

[2]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).