DATE:  June 28, 1993
CASE NO. 91-ERA-9

IN THE MATTER OF


LINDA E. MITCHELL,

          COMPLAINANT,

     v.

ARIZONA PUBLIC SERVICE COMPANY,

     and

ARIZONA NUCLEAR POWER PROJECT,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                FINAL ORDER APPROVING SETTLEMENT AGREEMENT
                            AND DISMISSING CASE
     This case, which is before me for review, arises under
Section 210 of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1988).  On July 2, 1992, the
Administrative Law Judge issued his Recommended Decision and
Order (R.D. and O.).  On July 15, 1992, the Director of the
Office of Administrative Appeals issued a briefing schedule on
that recommended decision, and the parties thereafter filed
briefs.  On January 19, 1993, the parties submitted a Joint
Motion to Approve Settlement and for Dismissal with Prejudice
together with Complainant's General Release. 
     I have carefully reviewed the terms of the parties'
agreement and the Complainant's release.  I note that certain
language in the release could be construed as a waiver by
Complainant of causes of action which may arise in the future. 
See, e.g., General Release at ¶ 6.  Because a
waiver of Complainant's rights based on future employer actions
would be 
[PAGE 2]
contrary to public policy, I interpret these provisions as
limited to a waiver of the right in the future to bring claims or
causes of action arising out of any set of facts occurring before
the date of the agreement.  See Polizzi v. Gibbs and
Hill, Case No. 87-ERA-38, Sec. Order Rejecting in Part and
Approving in Part Settlement Submitted by the Parties and
Dismissing Case, July 18, 1989, slip op. at 9, and cases cited
therein.
     The parties jointly request that I maintain the Settlement
Agreement confidential and under seal.  Joint Motion at 3. 
I note that the Freedom of Information Act, 5 U.S.C.
§ 552 (1982), requires Federal agencies to disclose
requested records unless the records are exempt from disclosure
under that Act.  
     As so construed, I find the terms of the agreement to be
fair, adequate, and reasonable, and therefore approve the
Settlement Agreement and General Release.  Accordingly, this case
is DISMISSED WITH PREJUDICE.  See Settlement Agreement at
3.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.