U.S. DEPARTMENT OF LABOR
                                    
                           SECRETARY OF LABOR
                          WASHINGTON, D.C.



DATE:     September 7, 1995
CASE NO.: 90-ERA-37

IN THE MATTER OF

JOHN J. DELCORE,
          COMPLAINANT

     v.

NORTHEAST NUCLEAR ENERGY COMPANY,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR


ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal
issued by the Administrative Law Judge (ALJ) in this case, which
arises under the employee protection provisions of the Energy
Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. §
5851 (1988).  After many preliminary matters were raised and
ruled on and subsequent to the commencement of a hearing,
Complainant moved to withdraw his complaint.  Respondent filed a
Motion to Dismiss with Prejudice in accordance with Rule 41(a)(2)
of the Federal Rules of Civil Procedure and the ALJ agreed that
dismissal under Rule 41(a)(2) was appropriate.

     Voluntary dismissals of ERA complaints are governed by Rule
41 of the Federal Rules of Civil Procedure.  See Nolder
v. Kaiser Engineers, Inc., Case No 84-ERA-5, Sec. Dec., June
28, 1985, slip op. at 6-8.  Pursuant to Rule 41(a)(2) the ALJ's
Recommended Order of Dismissal is accepted and this case is
DISMISSED WITH PREJUDICE.

     SO ORDERED.


                                   ROBERT B. REICH
                                   Secretary of Labor

Washington, D.C.