Case No. 98-ERA-36
File No. 01-0240-98-007

Date: August 17, 1998

IN THE MATTER OF:

Jeffrey W. Allen,
    Complainant

    v.

Williams Power Co.

and

Vermont Yankee Nuclear Power Corp.,
    Respondents

   The parties have complied with this Judge's Second Order Regarding Venue by indicating their prospective witnesses. Respondent Vermont Yankee identified five possible witnesses, all from the Vermont area; Respondent Williams Power Corp. identified five possible witnesses, two from Pennsylvania, one from North Carolina, one from Mississippi and one from New York; and the Complainant identified himself, another gentleman from Illinois, and a

gentleman of unknown address. The Complainant also identified the interference with his employment that would ensue should he have to travel to New England for a hearing of this matter.

   This Judge, having considered the totality of arguments raised in regards to this issue, concludes that the proper venue for this proceeding is in Michigan, within 75 miles of the Complainant's residence. In arriving at this conclusion, I have considered the fact that all of the witnesses are scattered and that a majority of witnesses would be required to travel whether the hearing were held in Vermont, Massachusetts, or Michigan. This is consistent with the obvious purpose of the regulation, which is to accommodate a complainant and facilitate the proceeding. In the absence of specific factors which would tip the scales to Respondents' favor, this Judge deems it appropriate to establish a Battle Creek, Michigan hearing location.

   Complainant has noted in his August 17, 1998 filing with this Office that he would only be required to take one day off from work if the hearing were to be held in Michigan. This is probably not the case, and the Complainant should be prepared for the possibility that he will have to take at least three days off from work. It is the experience of this Judge that a whistleblower proceeding typically requires three days to one week for full presentation of the evidence. Complainant, who represents himself, will be required to attend the full hearing.

       DAVID W. DI NARDI
       Administrative Law Judge

Boston, Massachusetts
DWD:jw