DATE: JUL 2 1993

IN THE MATTER OF

DOUGLAS E. BILLINGS,
   Complainant

    v.

BECHTEL GROUP,
BOWATER SOUTHERN PAPER CORPORATION,
    Respondent

CASE No. 89-ERA-45

   This matter arises under section 210(a) of the Energy Reorganization Act of 1974 (the "Act"), 42 U.S.C. § 5851, and the regulations issued thereunder at 29 C.F.R. Part 24.

   On June 19, 1989, Complainant filed a Complaint with the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. On July 3, 1989, the Wage and Hour Division issued its determination, which concluded that Respondent was not subject to section 210(a) of the Act. Complainant appealed to this Office on July 12, 1989.

   On September 18, 1989, Complainant requested a continuance, stating as cause that his health prevented him from proceeding with the case. By Order dated September 28, 1989, this case was continued until such time as Complainant filed a medical statement attesting to his ability to proceed. Complainant has not filed the medical statement and was Ordered by this Office on March 29, 1993, to show cause within twenty days of that Order, why this matter should not be dismissed for lack of Jurisdiction or based on abandonment. To date, Complainant has not responded.

   After considering Complainant's failure to participate in this matter, I recommend to the Secretary that this case be DISMISSED because it has been abandoned. 29 C.F.R. §§ 18.39(b), 24.5(e)(4)(i)(B). See McCrumb v. Westinghouse Radiological Services, Inc., 89-ERA-42 (Sec'y Apr. 3, 1992).

      JOHN M. VITTONE
      Deputy Chief Judge

Washington, DC
JMV/RPF/mb