Case No.: 86-ERA-3

In the Matter of

Anthony D. Laratta,
    Complainant

    v.

Niagara Mohawk Power Company,
Employer

    My review of the documentation underlying the October 18, 1985, Order of Nancy M. Flynn, Deputy Assistant Administrator/ OPO and the October 18, 1985 appeal of that Order, indicates that this matter may not be a complaint cognizable under the pertinent statute and its implementing regulations, 29 C.F.R. Part 24.

    Accordingly, it is ORDERED that Complainant shall show cause why this matter should not be dismissed. The following procedure is directed:

    1. On or before December 6, 1985, Complainant shall file for the public record a response to this ORDER To Show Cause why this matter should not be dismissed for lack of a cognizable complaint.

    2. On or before December 20, 1985, Respondent, Niagara Mohawk Power Company, shall file its reply.

    3. On or before January 7, 1986, Complainant shall file its response to the reply

    All pleadings shall be filed with the undersigned Administrative Law Judge by mailing to the following address:

    A copy of each such pleading shall simultaneously be served by mail on the other parties shown in the attached service sheet.

       ROBERT M. GLENNON
       District Chief Judge

1 Dated: NOV 14 1985
Boston, Massachusetts

RMG:jtd