CASE NO: 97-ERA-0001

In the Matter Of

INEZ J. AUSTIN,
    Complainant,

    v.

WESTINGHOUSE HANFORD COMPANY,
    Respondent.

    This matter arises under the Energy Reorganization Act of 1974, 42 U.S.C. § 5851 and the procedural regulations for the handling of discrimination complaints found at 29 C.F.R. Part 24.

    Pursuant to a Notice of Hearing and Pre-Hearing Order dated October 25, 1996, this matter was set for a formal hearing in Richland, Washington, on November 20, 1996. The hearing date was subsequently rescheduled to January 29, 1997, at the request of the Respondent and the consent of the Complainant.

    Subsequently, on January 8, 1997, counsel for Complainant filed a motion requesting that the action be voluntarily dismissed without prejudice. Also, on January 8, 1997, counsel for Respondent submitted a response in which he stated that "Westinghouse Hanford Company ("WHC") does not oppose entry of an order dismissing the Complaint without prejudice."

    Accordingly, the undersigned, finding dismissal of this claim without prejudice to be in the best interest of all parties to the controversy, hereby recommends that the claim of Inez J. Austin be dismissed without prejudice. Therefore, the hearing, currently scheduled for January 29, 1997, in Richland, Washington, is HEREBY CANCELLED.

    Entered this day of January, 1997, at Long Beach, California.

      DANIEL L. STEWART
      Administrative Law Judge

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