DATE:  September 12, 1994
CASE NOS. 89-ERA-7
          89-ERA-17



IN THE MATTER OF

THOMAS J. SAPORITO, JR.

               COMPLAINANT,

     v.

FLORIDA POWER AND LIGHT COMPANY,

               RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                                   ORDER

     The Secretary issued a decision in the above case on June 3,
1994, holding that it is a violation of the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1988), to discharge an employee for
refusing to reveal his safety concerns to management.  On 
July 21, 1994, Respondent moved for reconsideration of the June 3
decision.  In addition, on Aug. 25, 1994, the Chairman of the
Nuclear Regulatory Commission wrote to me expressing his views on
this issue.  Copy attached.
     Because Respondent has raised important issues of the
interplay between the employee protection provision of the ERA
and Nuclear Regulatory Commission regulations and requirements
applicable to NRC licensees, it would assist the Secretary in
considering Respondent's motion to obtain the views of the Wage
Hour Administrator, the Department of Labor official responsible
for administration and enforcement of the ERA employee protection
provision.
     Accordingly, the Wage Hour Administrator is invited to 
[PAGE 2]
submit a brief amicus curiae addressed to the issues
raised in Respondent's motion on before 30 days from receipt of
this order.
     SO ORDERED.



                              GRESHAM C. SMITH
                              Acting Director, Office of
                                Administrative Appeals [1] 

Washington, D.C.




[ENDNOTES]
           
[1]   This order is issued pursuant to Secretary's Order 3-90,
55 Fed. Reg. 13,250 (April 9, 1990) (copy appended).