DATE: May 18, 1987
CASE NO. 86-ERA-27

IN THE MATTER OF

BLAINE P. THOMPSON
    Complainant

   v.

ARIZONA PUBLIC SERVICE
COMPANY/ARIZONA NUCLEAR
POWER PROJECT
    Respondent

    and

COALITION FOR RESPONSIBLE
ENERGY EDUCATION
    INTERVENOR

Stephen M. Kohn, Esq.
Michael D. Kohn, Esq.
For the Complainant
William R. Hayden, Esq.
    For the Respondent

Before: ALEXANDER KARST
    Administrative Law Judge

    This is a proceeding arising under Section 210 of the Energy Reorganization Act, 42 U.S.C. §5851, regarding three complaints filed by Complainant Blaine P. Thompson against Respondent Arizona Public Service Company/Arizona Nuclear Power Project dated February 27, 1986, March 25, 1986, and September 9, 1986.

    On May 15, 1987, the parties submitted a Joint Motion with an attached Settlement Agreement requesting approval for settlement of this case.

    IT IS HEREBY ORDERED accepting and approving the Settlement Agreement attached to this Decision. The Settlement Agreement constitutes my findings of fact and conclusions of law.

    DATED this 18th day of May, 1987.

       Alexander Karst
       Administrative Law Judge

04WRHO668A

In the Matter of:

BLAINE P. THOMPSON,
    Complainant,

    vs.

ARIZONA PUBLIC SERVICE
COMPANY/ARIZONA NUCLEAR
POWER PROJECT,
    Respondent,

    and

COALITION FOR RESPONSIBLE
ENERGY EDUCATION,
    Intervenor.

    This Settlement Agreement constitutes a final and comprehensive resolution of Mr. Blaine Thompson's complaints against Respondent Arizona Public Service Company/Arizona Nuclear Power Project (APS/ANPP) to the Department of Labor (DOL) of February 27, 1986, March 25, 1986, and September 9, 1986, filed under Section 210 of the Energy Reorganization Act (ERA). Submitted simultaneously herewith is a joint motion to the Administrative Law Judge (ALJ) requesting approval of this full final Settlement Agreement of the parties' claims.

    1. Mr. Thompson voluntarily withdraws his DOL complaints of February 27, 1986, March 25, 1986, and September 9, 1986, and agrees not to file any additional or supplemental claims under Section 210 of the ERA against APS/ANPP regarding any event or incident which occurred on or before the date of execution of this Settlement Agreement.

    2. This settlement shall not be construed as an admission of any wrongdoing by any of the parties, nor shall it be construed as an adjudication on the merits for or against either party. The Agreement settles all claims that Mr. Thompson had, or may have had, under Section 210 of the ERA, 42 U.S.C. §5851, against Respondent from March 1, 1982 until and through the date this settlement is ratified by the parties, and Complainant agrees not to file Section 210 charges based on any conduct by Respondent during this time period.

    3. Within 10 days of the parties' execution of this Agreement, Respondent will place $40,000.00 in an interest bearing insured money market escrow account. Within two working days of the date that Respondent receives official notice that the Secretary of Labor has approved this settlement, Respondent will pay Complainant $30,000.00 out of the escrow account and all interest accrued to date. The remaining $10,000.00 will be paid to Complainant in three equal annual installments of $3,333.33 on June 1, 1988, June 1, 1989, and June 1, 1990, together with accrued interest to date, subject to the following conditions. First, in order to be entitled to any installment or portion thereof, Complainant must have remained employed with Respondent during the entire twelve months preceding the installment due date. Second, if prior to any installment due date, Complainant has voluntarily transferred out of the position provided for in paragraph 4 and into a position that provides a salary range comparable to that of Security Shift Captain at Pillow Verde, Respondent will not be obligated to pay the remaining installment(s). The foregoing lump sum Payments are in settlement of all claims settled by this Agreement, including claims for costs and attorneys fees.

    4. Respondent shall transfer Thompson to a position comparable in salary to his position of Security Shift Captain while at Palo Verde. For this purpose, Respondent will assume that Thompson would have received a "Superior" performance review at Palo Verde in December, 1986 and the corresponding 6.5% increase in salary. The parties agree that such a comparable position is Revenue Protection Investigator in the Energy Diversion Department at the salary of $3,404.00 per month. Complainant's salary will be administered pursuant to Respondent's normal salary administration program. Thompson will not receive a performance review for the period from the date of his transfer to the APS Security Department until his transfer to the Energy Diversion Department. Complainant forever foregoes his rights to reinstatement to any position within the Palo Verde nuclear facility.

    5. Respondent will not retaliate or discriminate against Thompson because he filed Section 210 charges against Respondent.

    6. Respondent shall permanently remove from Complainant's personnel file or any other file related to Complainant:

a) Complainant's written performance review dated January 15, 1986, and substitute in its place the performance review prepared by Michael Deblo dated December 8, 1985, fully executed by appropriate Company officials.
b) Any and all references to the February, 1986 investigation into charges by Officers Reighard and Johnson.
c) The two disciplinary warnings issued to Complainant since his transfer to the APS Security Department.
d) Any reference to the reasons for Complainant's temporary or permanent transfer outside of the ANPP Security Department.
e) The "confidential" memorandum file prepared by Doeg Nelson concerning Blaine Thompson dated January 15, 1986.

    8. Respondent agrees that in responding to future employment inquiries, consistent with its personnel policies, it will confirm only Thompson's dates of employment, rates of pay, and job titles. For purposes of disclosing Thompson's rate of pay, Respondent's records will reflect that he did not receive a reduction in salary when he was transferred in August, 1986. Respondent further agrees to advise Thompson's former supervisors (i.e., D. Nelson, F. Kroll, G. Tranburg, W. Fernow & C. Kelly) that, consistent with Respondent's policy, all employment inquiries received by them should be referred to the Personnel Department for response.

    9. This Agreement constitutes the sole and entire agreement between the parties hereto and supersedes any and all understandings and agreements made prior hereto. There are no collateral understandings, representations, or agreements its other than those contained herein. It is understood and agreed that the execution of this Agreement by Respondent is not to be construed as an admission of liability on its part to Complainant, but is a compromise and settlement of disputed claims.

    DATED this 15th day of May, 1987.

APPROVED AS TO FORM:

COMPLAINANT
Blaine P. Thompson

Stephen M. Kohn
Michael D. Kohn
Attorneys for Complainant

RESPONDENTS
ARIZONA PUBLIC SERVICE
COMPANY
ARIZONA NUCLEAR POWER
PROJECT
By:
JD GELMOS
    Its: VICE PRESIDENT

William R. Hayden
Rebecca Winterscheidt
Attorneys for Respondent
04WRHO668