DATE: July 8, 1992
CASE NO. 89-ERA-30


IN THE MATTER OF

KENNITH J. BIVENS,

          COMPLAINANT,

        v. 

LOUISIANA POWER & LIGHT,

          RESPONDENT .


BEFORE: THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT
     Before me for review is the Recommended Decision and Order
(R.D. and O.) of the Administrative Law Judge (ALJ) 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).  The ALJ recommends approval of the Settlement Agreement
and General Release submitted by the parties.
    This settlement agreement appears to encompass the settlement
of matters arising under various laws, only one of which is the
ERA.  For the reasons set forth in Poulos v. Ambassador
Fuel Oil Co., Inc., Case No. 86-CAA-l, Sec. Order, Nov. 2,
1987, slip op. at 2, I have limited my review of the agreement to
determining whether its terms are a fair, adequate and reasonable
settlement of Complainant's allegations that Respondent violated
the ERA.
    I note that provision No. 11 states that the agreement "shall
in all respects be interpreted, enforced and governed under the law
of the State of Louisiana."  I interpret this statement as not
limiting the authority of the Secretary or the United States
district court under the statute and the regulations.  42 U.S.C. 
5851(d); 29 C.F.R. § 24.8(a) (1991); Phillips v. Citizens
Association for Sound Energy, Case No. 91-ERA-25, Sec. Final
Order of Dismissal, Nov. 4, 1991, slip op. at 2.
    As so construed, I find the terms of the settlement agreement 
[PAGE 2]
to be a fair, adequate and reasonable settlement of Complainant's
allegations that Respondent violated the ERA. Accordingly, the
complaint is DISMISSED.
    SO ORDERED.

                                   LYNN MARTIN
                                   Secretary of Labor


Washington, D.C.