DATE: November 20, 1997

CASE NO: 97-ERA-55

In the Matter of

HOPE G. ALCALA
    Complainant

    v.

HANFORD ENVIRONMENTAL
HEALTH FOUNDATION
    Respondent

   This is a whistleblower complaint brought under the Federal Energy Reorganization Act (42 U.S.C. § 5851). A duly noticed hearing was scheduled in this case for October 28, 1997 in Richland, Washington. On October 27, 1997 the parties advised the Court that the case had been settled, and it was removed from the calendar.

   On October 27, 1997 the parties filed a motion to dismiss the complaint on the grounds that it had been settled. The settlement agreement is

hereby incorporated by reference and made a part of this Decision and Order. In general, the settlement, without any admission of wrongdoing, provides that Hanford Environmental Health Foundation (HEHF) will pay $6165.92 to Alcala. HEHF agrees to pay the Government Accountability project $1950.00 in attorney fees for Alcala's representation. HEHF also agrees to pay Dr. Judith Lipton for up to three hours of her time, at a rate of $225/hour for consultations with Ms. Alcala. HEHF agrees to attach copies of Dr. Lipton's response to the Department of Labor investigative results to all existing file copies of the HEHF psychological assessment notes. HEHF also agrees to attach copies of Dr. Lipton's response to the PSAP Behavioral Disqualification Information document to all existing copies of the PSAP Behavioral Disqualification Information sheet.

   After reviewing the Motion to Dismiss Complaint and supporting papers, I find and conclude that the motion should be granted.

   It is ORDERED That:

1. The motion to dismiss the case at bench is granted.

2. Case No. 97-ERA-55 is hereby dismissed.

       DONALD B. JARVIS
       Administrative Law Judge

NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor to the Administrative Review Board, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., N.W., Washington, DC 20210. The Board has the responsibility to issue final agency decisions on behalf of the Secretary in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 61 Fed. Reg. 19978 (1996); 61 Fed. Reg. 19982 (1996).

San Francisco, CA