DATE:  September 22, 1994
CASE NO. 89-ERA-6


IN THE MATTER OF

FREDERICK E. MCCUISTION,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     This proceeding arises under Section 210 of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988).  On November 13, 1991, the Secretary of Labor issued
a decision in this case finding that Respondent had unlawfully
discriminated against Complainant and ordering appropriate
relief.  The Secretary permitted counsel for Complainant to
submit any petition for costs and expenses incurred in bringing
the proceeding before the Secretary on review of the recommended
decision of the Administrative Law Judge (ALJ).  Complainant's
counsel thereafter submitted a fee petition which Respondent
opposed.  Complainant's counsel then requested an enlargement of
time in which to respond to Respondent's opposition, representing
that the parties were negotiating a settlement.  As no further
filings were forthcoming, I considered Complainant's petition and
Respondent's opposition, and, on June 3, 1994, I issued a Final
Decision and Order awarding Complainant attorney fees.  
On July 22, 1994, the parties jointly moved for reconsideration
in light of their previous settlement reached and approved in
related Case No. 90-ERA-44.  Accordingly, the June 3, 1994, Final
Decision and Order issued in the instant case is vacated, and 
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this case is dismissed.
     SO ORDERED.




                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.