DATE:     February 8, 1994

CASE NO:  93-ERA-00026

IN THE MATTER OF
THOMAS J. SAPORITO, JR.,
              Complainant,
     v.

ARIZONA PUBLIC SERVICE COMPANY,
ARIZONA NUCLEAR POWER PROJECT,
THE ATLANTIC GROUP, INC.,
              Respondents.

 RECOMMENDED DECISION AND ORDER
    APPROVING SETTLEMENT DISMISSING CLAIM

     The above captioned case assigned to this Administrative Law
Judge for hearing arises under Section 210 of the Energy
Reorganization Act of 1974, as amended (ERA), 42 USCA § 5851
(1988) and/or Section 211, 42 USCA § 5851 (West Supp. 1993).

     The parties in this case, complainant Thomas J. Saporito, Jr.
("Saporito") and Respondents Arizona Public Service Company ("APS")
and Arizona Nuclear Power Project ("APS") and The Atlantic Group
("TAG") jointly filed their Motion for Approval of Settlement
Agreement and Dismissal with Prejudice to Secretary of Labor.  In
support of their motion the parties through their counsel jointly
rely on 42 U.S.C. § 5851 (b)(2) (A) for Approval of the
Settlement Agreement and for dismissal with prejudice.

         SETTLEMENT AGREEMENT ON MOTION FOR APPROVAL

     A copy of the settlement agreement is attached to the Joint
Motion as Exhibit 1.  Upon review by the undersigned and as stated
by counsel in their Memorandum of Points and Authorities:

     Pursuant to the settlement agreement, Saporito agreed to
dismiss with prejudice or withdraw with prejudice any and all
claims or actions brought by Mr. Saporito against APS and any and
all claims or actions brought against TAG relating in any way to
Saporito's employment with TAG at Palo Verde Nuclear Generating
Station ("PVNGS") or Saporito's attempts or efforts to obtain
employment with TAG at PVNGS.  The settlement agreement does not 
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limit or restrict Saporito from pursuing other claims against TAG,
unrelated to Saporito's employment or attempts to obtain employment
at PVNGS.

     In Section III paragraph 3.1 the settlement agreement contains
a confidentiality provision which restricts the parties regarding
disclosure of the terms to anyone except as provided therein.  The
agreement expressly provides that nothing in this agreement shall
be construed to restrict the disclosure of the terms of this
agreement where required by law.  (Id para. 3.3).  The
agreement also provides for unrestricted contact by Saporito with
regulatory agencies and U.S. Nuclear Regulatory Commission with
respect to reporting any suspected instance of illegal activity of
any nature, any nuclear safety concern, any work place safety
concern or any public safety concerns to the U.S. Nuclear
Regulatory Commission, the U.S. Department of Labor, or any other
federal or state government agency.  (Section IV para. 4.1 of
Agreement).

                      General Releases

     According to Section I para 1.3 of the agreement, Saporito
agreed to execute the general releases which appear as appendices
A and B.  Appendix "A" is a general release from Saporito to
Arizona Public Service Company (Respondents ) (APS).  Appendix "B"
is a General Release from Saporito to APS and The Atlantic Group,
Inc. ("TAG").

     I have reviewed the provisions of the settlement agreement and
find that its terms are a fair, adequate and reasonable settlement
of complainant's allegations that respondents Arizona Public
Service Company and Arizona Nuclear Power Project violated the ERA.

     Accordingly, it is Recommended

     1.   that the Secretary of Labor approve the
          Settlement Agreement and General Releases
          Appendix "A" and Appendix "B".

     2.   that the claim of Thomas J. Saporito, Jr.
          against Arizona Public Service Company and
          Arizona Nuclear Power Project be dismissed
          with prejudice.

     3.   that the claims against The Atlantic Group
          ("TAG"), relating in any way to Mr. Saporito's
          employment with TAG at APS' Palo Verde Nuclear
          Generating Station or attempts or efforts to 
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obtain employment with TAG at PVNGS be dismissed with prejudice.

                         _________________________
                         CLEMENT  J. KICHUK
                         Administrative Law Judge