DATE: February 21, 1992
CASE NO. 91-ERA-37


IN THE MATTER OF
GEORGE MCTIERNAN,
          COMPLAINANT,



PUBLIC SERVICE COMPANY OF COLORADO, INC.,
RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                        ORDER APPROVING SETTLEMENT
                                     
    Before me for review is the Recommended Decision and Order
(R.D. and 0.) of the Administrative Law Judge (ALJ) in this case
arising under the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. sec. 5851 (1988).  The ALJ recommends approval of
the settlement agreement entered into by the parties, finding it
to be fair, equitable and in the public interest.
    In submitting a copy of the Settlement, Release and
Confidentiality Agreement to the ALJ for review, Respondent's
counsel emphasized the confidentiality provisions and requested
on behalf of both parties that the unedited copy be destroyed or
returned.  I am unable to grant this request because the parties' 
submissions in response to the ALJ's July 31, 1991, Order Re:
Basis of Settlement become part of the record.  5 U.S.C. sec. 556(e)
(1988); see Hamka v. The Detroit Edison Co., Case No.
88-ERA-26, Sec. Order to Submit Attachments, Dec. 9, 1991, slip
op. at 2, n.l; Thompson v. The Detroit Edison
Co., Case No. 87-ERA-2, Sec. Order to Show Cause,
April 26, 1990, slip op. at 5, n.3.  With respect to
provisions of the settlement 
[PAGE 2]
agreement concerning confidentiality, I note that the
Freedom of Information Act, 5 U.S.C.  552, requires
federal agencies to disclose requested records unless
they are exempt from disclosure under the Act.
See Daily v. Portland General Electric
Co., Case No. 88-ERA-40, Sec. Order Approving
Settlement and Dismissing Case, Mar. 1, 1990, slip op. at 1, n.1.

    Section 210(b)(2)(A) of the ERA, 42 U.S.C. 5851(b)(2)(A),
provides that "the Secretary shall, unless the proceeding on the
complaint is terminated by the Secretary on the basis of a
settlement entered into by the Secretary and the person alleged
to have committed such violation, issue an order either providing
the relief prescribed by subparagraph (B) or denying the
complaint."  The Secretary's role is to review the terms of
settlement agreed upon by the private parties to ensure that the
settlement is fair, adequate and reasonable.  See
Macktal v. Secretary of Labor, 923 F.2d 1150,
1153-54 (5th Cir. 1991); Thompson v. United States Department
of Labor, 885 F.2d 551, 556 (9th Cir, 1989); Fuchko and
Yunker v. Georgia Power Co., Case Nos. 89-ERA-9, 89-ERA-10,
Sec. Order, Mar. 23, 1989, slip op. at 1-2. [1]  Accordingly, I have reviewed
the unedited copy of the Settlement, Release and
Confidentiality Agreement.
    This settlement agreement may encompass matters arising under
various laws, only one of which is the ERA.  As my authority over
settlement agreements is limited to such statutes as are within my
jurisdiction and is defined by the applicable statute, see
Goese v. Ebasco Services. Inc., Case No. 88-ERA-25, Sec.
Ord. Approving Settlement and Dismissing Case, Dec. 8, 1988;
Poulos v. Ambassador Fuel Oil Co.. Inc., Case No. 86-CAA-1,
Sec. Ord., Nov. 2, 1987, and cases cited therein, I have limited
my review of this agreement to determining whether its conditions
are a fair, adequate and reasonable settlement of Complainant's
allegations that Respondent violated the ERA.  I find that the
terms of the Settlement, Release and Confidentiality Agreement
signed by the parties are a fair, adequate and reasonable
settlement of Complainant's claim under the ERA.

[PAGE 3]

         Accordingly, I approve the settlement
agreement, and this case is dismissed with prejudice. 
See July 11, 1991, Stipulated Dismissal and
Request for Order.                                    
                SO ORDERED.
                         LYNN MARTIN
                         Secretary of Labor               


Washington, D.C.

[ENDNOTES]

[1  The Department of Labor does not simply provide a forum for
private parties to litigate their private employment
discrimination suits.  Protected whistleblowing under the ERA may
expose not just private harms, but health and safety hazards to 
the public.  The Secretary represents the public interest in
keeping channels of information open by assuring that settlements
adequately protect whistleblowers.  See Daily v.
Portland General Electric Co., Case No. 88-ERA-40, Sec.
Ord. to Submit Settlement, Nov. 6, 1989, slip op. at 3; Polizzi
v. Gibbs & Hill. Inc., Case No. 87-ERA-38, Sec. Ord. Rejecting
in Part and Approving in Part Settlement Submitted by the Parties
and Dismissing the Case, July 18, 1989, slip op. at 2-3.