DATE: August 22, 1990
CASE NO.: 90-ERA-32

IN THE MATTER OF

THOMAS P. HENDRIX,
    COMPLAINANT,

    v.

DUKE POWER COMPANY,
OCONEE NUCLEAR STATION,
    RESPONDENT.

   By letter dated August 15, 1990, counsel for Complainant in does not wish to proceed with his claim, and requested dismissal. Respondent has filed no objection.

   Neither the Energy Reorganization Act (ERA) nor its implementing regulations at 29 C.F.R. Part 24 (1989) provides for voluntary dismissal of complaints. Therefore, where a complainant in a case arising under Part 24 has sought voluntary dismissal, Rule 41 (a) of the Federal Rules of Civil Procedure for the United States District Courts has been applied. See Nolder v. Kaiser Engineers, Inc., Case No. 84-ERA-5, Sec. Order, June 28, 1985, slip

op. at 6-7.

   Accordingly, on the basis of Federal Rule of Civil Procedure 41(a)(1)(i), it is hereby recommended that this case be dismissed without prejudice.

       THEODOR P. VON BRAND
       Administrative Law Judge