DATE: May 29, 1992
CASE NO. 92-WPC-00004


IN THE MATTER OF

WILBUR DAVID DRIVER,

          COMPLAINANT,
v.


WESTINGHOUSE SAVANNAH
RIVER COMPANY,

     RESPONDENT .


BEFORE:  THE SECRETARY OF LABOR


                    FINAL ORDER OF DISMISSAL

     Before me for review is the Recommended Order of Dismissal
(R.O.D.) issued by Administrative Law Judge (ALJ) Clement J.
Kichuk on May 11, 1992, in the above-captioned case which arises
under the employee protection provisions of the Water Pollution
Control Act, 33 U.S.C.  1367 (1988); the Comprehensive
Environmental Response, Compensation, and Liability Act,
42 U.S.C.  9610 (1988); the Toxic Substances Control Act,

15 U.S.C.  2622 (1988); the Safe Drinking Water Act, 42 U.S.C.
 300j-9 (1988); the Solid Waste Disposal Act, 42 U.S.C.  6971
(1988); the Energy Reorganization Act of 1974, as amended,

[PAGE 2]

42 U.S.C.  5851 (1988); and the Clean Air Act, 42 U.S.C.  7622
(1988).  The ALJ recommended dismissal without prejudice on the
ground that the requirements for voluntary dismissal under Fed.
R. Civ. P. 41(a)(1)(i) had been satisfied.
         Complainant's notice of dismissal states his
intent that the case be dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(a)(1)(i) and the
Secretary's decision in Stites v. Houston
Lighting & Power Co., Case No. 87-ERA-41, Sec.
Order, Sept. 29, 1989.  Respondent has not responded to
Complainant's Notice of Voluntary Dismissal.
    Complainant's request for dismissal under Rule 41(a)(1)(i) [1]
is consistent with the requirements of that Rule; Respondent has
not filed an Answer or a Motion for Summary Judgment.  Neither did
the parties respond to the ALJ's Pre-Hearing Statement Order.
See Nolder v. Kaiser Engineers. Inc., Case No.
84-ERA-5, Sec. Decision, June 28, 1985, slip op. at 6-7;
Cornish v. Consolidated Edison Company of New York  Inc..
Case No. 88-CAA-5, Sec. Decision, September 29, 1989. 
Accordingly, this case is DISMISSED without prejudice pursuant to
Rule 41(a)(1)(i).
    SO ORDERED.

          LYNN MARTIN
           Secretary of Labor                      
 


Washington, D.C.





[1]   Rule 41(a)(1)(i) provides for dismissal of an action "by
filing a notice of dismissal at any time before service by the
adverse party of an answer or of a motion for summary judgement,
whichever first occurs . . . .  Unless otherwise stated in the
notice of dismissal . . . the dismissal is without prejudice...."