Case No. 86-ERA-38

In the Matter of

DOUGLAS E. BILLINGS,
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY,
    Respondent

    This matter arises pursuant to a Complaint of June 21, 1986, filed with the office of Administrative Law Judges under § 210 of the Energy Reorganization Act, 42 U.S.C. § 5851. The relevant facts are as follows.

    In November 1984, Complainant refused to document that a certain tool had been issued for specific work to be performed on a critical system at the Watts Bar Nuclear Plant after determining that the tool had not been so issued. In March 1986, Complainant discovered that the documents involving the 1984 incident had been falsified. Complainant alleges that discriminatory actions were taken against him as a direct result of the safety concerns which he raised in connection with the 1984 incident.

    On October 3, 1986, I issued a Decision and order dismissing the aforementioned complaint due to its untimely filing. On October,16, 1986, Complainant filed a Motion to Reconsider the order and Decision of Dismissal.

    In its Motion, Complainant has failed to allege any extraordinary factual situation which prevented his timely filing of the complaint or which would justify the equitable tolling of the thirty-day time limitation period.

    For the foregoing reasons I reject Complainant's Motion for Reconsideration.

       E. EARL THOMAS
       Deputy Chief Judge

Dated: 6 JAN 1987
Washington, D.C.
EET/RAM/tt