Date Issued: Nov. 21, 1985
Case No. 86-ERA-1

In the matter of:

RANDY BIDWELL,
    Petitioner,

    v.

PULLMAN POWER PRODUCTS CORP./
GEORGIA POWER COMPANY,

    Respondent.

    The above action was scheduled for a hearing in Augusta, Georgia on November 15, 1985. A telephone conference was conducted on November 12, 1985 with Attorneys Laurie Fowler and Ralph Goldberg for the plaintiff, Attorney Charles Whitney for Georgia Power Co. and Attorney Jane Robbins for Pullman Power Products Corporation.

    During the conference, counsel for the plaintiff advised that Mr. Bidwell's wished to withdraw his complaint, and that the bearing could therefore, be cancelled. On November 12, 1985, Attorney Laurie Fowler wrote to the undersigned that, "This is to inform you that the petitioner, Randy Bidwell, has withdrawn his

Complaint in the above-referenced case. We therefore request that you dismiss the case without prejudice."

    On November 14, 1985 Attorney Richard Boisseau filed an objection on behalf of Pullman Power Products to a dismissal "without prejudice". Mr. Boisseau argues that 42 U.S.C. § 5851 requires any complaint under this title be filed within thirty days of the alleged violation, and thus any dismissal if this complaint would be "with prejudice."

    A dismissal of this complaint at the request of the plaintiff would in no, way serve to toll the 30 day limitation for filing of a complaint under Energy Reorganization Act; however, such a dismissal would not serve as a finding in any way as to the merits of the complaint. The request which has been filed is simply a request by the plaintiff to withdraw his complaint.

    It is accordingly, at the request of the plaintiff, Ordered that the complaint filed by Randy Bidwell under the provisions of the Energy Reorganization Act on August 9, 1985 is withdrawn. The request for a hearing on the merits of the Complaint filed by Counsel for Mr. Bidwell on October 11, 1985 with the Office of Administrative Law Judges is hereby Dismissed.

       RICHARD E. HUDDLESTON
       Administrative Law Judge