Case No.: 93-CAA-5

In the Matter of:

Frank Webb
    Complainant

    against

Consolidated Edison Co. of NY
    Respondent

    This is a proceeding under the employee protection provisions of the Clean Air Act, 42 U.S.C. § 7622. The parties herein have reached a comprehensive settlement resolving the dispute underlying this proceeding as well as other actions in other forums and have filed a confidential Settlement Agreement providing, among other things, for the dismissal of the complaint in this proceeding on the merits with prejudice and without costs or attorney's fees. The Settlement Agreement sets forth the actual terms and conditions to which the parties have agreed, and such agreement is incorporated herein by reference.

   To the extent that the Settlement Agreement encompasses matters arising under the Clean Air Act, the undersigned has found the terms of the Settlement Agreement

to be a fair, adequate and reasonable settlement of Complainant's allegations in this proceeding, and, the parties having jointly moved for an order approving the settlement and dismissing the complaint on the merits, with prejudice and without costs or attorney's fees, and upon all of the papers and proceedings heretofore had herein, it is hereby ORDERED that the Settlement Agreement approved, and it is my further RECOMMENDED ORDER, that the Secretary of Labor enter a final order, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, dismissing the complaint on the merits as settled, with prejudice and without costs or attorney's fees to either party against the other.

   SO ORDERED

      DAVID W. DI NARDI
       Administrative Law Judge

Dated: SEP 24 1993
Boston, Massachusetts
DWD:las