DATE: APRIL 14, 1992

CASE NO: 91-ERA-0028

In The Matter of

FRANKIE GALATA, JR.,
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY,
    Respondent

   The captioned matter, arising under the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5851 (1988), was referred to this office for formal hearing. The case has previously been set for hearing and continued at the request of Complainant, and is presently scheduled for hearing on June 22, 1992.

   The parties have filed a Motion for Voluntary Dismissal in which the Complainant withdraws his complaint and seeks to have the case dismissed with prejudice - each party to bear its own costs, expenses, and attorney's fees. The parties further agree that the withdrawal does not involve a settlement of any claim that Complainant may have against Respondent.

   Noting that Complainant is represented by counsel, and that no reason has been shown to disapprove this request, it is hereby recommended that the Secretary of Labor issue a final order dismissing the case with prejudice.

   The parties are hereby NOTIFIED that the hearing scheduled for June 22, 1922 in this matter is CANCELED.

       E. Earl Thomas
       District Chief Judge

EET/pc
Ft. Lauderdale, FL