Paragraph A4 of the Settlement Agreement and the General
Release encompass matters arising under laws other than Section
210 of the Energy Reorganization Act of 1974, as amended (ERA),
42 U.S.C. § 5851 (1982), pursuant to which the complaint in this
case was brought. My authority over this settlement agreement is
limited to matters arising under the ERA. See Egenrieder v.
Metropolitan Edison Company/General Public Utilities , Case No.
85-ERA-23, Sec. Order Approving Settlement, April 11, 1988.
Accordingly, I have limited my review of the agreement and
release to determining whether their terms and conditions are a
fair, adequate and reasonable settlement of Complainant's
allegation that Respondent violated the EPA.
In addition, paragraph A7 of the Settlement Agreement, by
precluding all actions by Complainant "concerning events which
occur subsequent to this Agreement," includes a waiver of
Complainant's right with respect to claims which might arise in
the future. I cannot approve such a waiver. See Polizzi v.
Gibbs & Hill. Inc ., Case No. 87-ERA-38, Sec. Order, July 18,
1989, slip op. at 9. Accordingly, paragraph A7 is limited to a
waiver of actions "concerning events which occurred prior to
execution of this Agreement . . . . " With this limitation, the
Settlement Agreement more closely conforms with the General
Release whereby Complainant releases Respondent from claims
arising out of his employment with Respondent or out of his
resignation from such employment. Moreover, since the parties
agreed, in paragraph D3, that the Settlement Agreement shall
remain in full force and effect even if any part of a provision
is deleted, elimination of the waiver of future claims does not
affect my review of the Settlement Agreement.
Accordingly, I find the Settlement Agreement and the General
Release, as limited above, to be fair, adequate and reasonable
and I approve it. The complaint in this case is Dismissed With
Prejudice. See Settlement Agreement, paragraph A2.
SO ORDERED.
ELIZABETH
DOLE
Washington, D.C.
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