DATE:  June 7, 1994
CASE NO. 89-ERA-00013


IN THE MATTER OF

ROBERT D. BROCK,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT 
                         AND DISMISSING COMPLAINT

     Before me for review is the Recommended Order Approving
Settlement and Dismissing Complaint (R.O.) issued by the
Administrative Law Judge (ALJ) on October 1, 1991, in this case
arising under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988).  Before the ALJ the instant case was consolidated
with another ERA case, Frank C. Smith v. Tennessee Valley
Authority, Case No. 89-ERA-00012, wherein the ALJ issued a
Recommended Decision and Order on the merits on October 1, 1991.
[1]   The recommended decisions and record for each of these
cases were jointly forwarded to me for review.

     Initially, I note that these cases should no longer be
consolidated and are hereby severed.  Upon careful review of the
ALJ's R.O., the parties' Joint Motion for Dismissal, and the
terms of the fully executed Memorandum of Understanding and
Agreement (Agreement), I accept the ALJ's recommendation to
approve the settlement and dismiss the complaint as discussed 
[PAGE 2]
herein.  
     Review of the Agreement reveals that it may encompass the
settlement of matters arising under laws other than the ERA. 
See Agreement at Para. 1.  For the reasons set forth in
Poulos v. Ambassador Fuel Oil Co., Inc., Case no. 86-CAA-
1, Sec. Ord., Nov. 2, 1987, I have limited my review of the Agreement to
determining whether the terms thereof are fair, adequate and
reasonable to settle Complainant's allegations that Respondent
violated the ERA.  
     This Agreement is entitled "Administratively Confidential"
and Paragraph 2 of the Agreement provides that "the amount set
forth in item 1 hereof shall not be revealed to any person not
legally entitled to knowledge thereof."  It should be noted that
the parties submissions, including settlement agreements, become
part of the record in the case and are subject to the provisions
of the Freedom of Information Act (FOIA), 5 U.S.C. § 552
(1988), which requires federal agencies to disclose requested
records unless they are exempt from disclosure under the Act. 
Debose v. Carolina Power & Light Co., Case No. 92-ERA-14,
Ord. Disapproving Settlement and Remanding Case, Feb. 7, 1994,
slip op. at 2-3 and cases cited therein.
     As construed herein, I find the terms of the Agreement are
fair, adequate and reasonable to settle Complainant's allegations
that Respondent violated the ERA, and I approve it.  Accordingly,
the complaint is dismissed with prejudice.  See Parties'
Recommended Order of Dismissal attached to the Joint Motion for
Dismissal. 
     SO ORDERED.




                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.





[ENDNOTES]
           
[1]  Case No. 89-ERA-00012 is still pending before me.