DATE: April 30, 1991

CASE NO: 91-ERA-29

In the Matter of:

STEPHEN P. CABLE
    Complainant

    v.

ARIZONA PUBLIC SERVICE COMPANY
    Respondent

   This proceeding involves a complaint filed in accordance with the provisions of the Energy Reorganization Act of 1974, as amended, 42 U.S.C § 5851 and the implementing regulations at 29 C.F.R. Part 24. My prior Order herein, issued February 26, 1991, prescribed certain pre-trial procedures and fixed the date of April 16, 1991 for oral hearing. By a pleading filed March 29, 1991, Complainant voluntarily seeks dismissal of the complaint without prejudice. Respondent has presented no response to that pleading. Accordingly, it is recommended that the complaint herein be dismissed without prejudice.

       ROBERT M. GLENNON
       Administrative Law Judge

Washington, D.C.