DATE:  November 5, 1993

CASE NO:  93-ERA-48

In the Matter of

WILLIAM G. HELTON

          Complainant

     v.

TENNESSEE VALLEY AUTHORITY

          Respondent

APPEARANCES:

Donald Mart Lasley, Esquire
          For the Complainant

Justin M. Schwamm, Sr.
          For the Respondent

BEFORE:  J. MICHAEL O'NEILL
         Administrative Law Judge


                 RECOMMENDED ORDER APPROVING SETTLEMENT
            AND DISMISSING COMPLAINT WITH PREJUDICE


     This proceeding arises under §201 of the Energy
Reorgani-zation Act of 1974, 42 U.S.C. §5851 (1982), as
amended ("ERA"), and the implementing regulations at 29 C.F.R.
Part 24.  The ERA in §5851(a), prohibits a Nuclear
Regulatory Commission ("NRC") licensee from discharging or
otherwise discriminating against an employee who has engaged in
protected activities as set forth in the Act.

[PAGE 2]

     By a Joint Motion for Dismissal filed in this office on
November 1, 1993, the parties have advised that they have com-
pletely conciliated the matters in controversy as shown by the
executed agreement attached to the motion.  The Memorandum of
Understanding is signed by William G. Helton, Donald Mart Lasley,
his attorney, and by Dwight E. Nunn for the Tennessee Valley 

Authority.  The parties jointly requested dismissal of this
proceeding with prejudice.

     Because this request for dismissal is based on a settlement
agreement entered into by the parties, I must review the
agreement to determine whether the terms are a fair, adequate,
and reasonable settlement of the complaint.  42 U.S.C.
§5851(b)(2)(A); Macktal v. Secretary of Labor,
923 F.2d 1150, 1153-54 (5th Cir. 1991); Thomas v. U.S.
Department of Labor, 885 F.2d 551, 556 (9th Cir. 1989);
Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.

     I have reviewed the terms of the settlement agreement, and I
find it fair, adequate, and reasonable.  Accordingly, it is
Recommended that the Secretary of Labor enter an order dismissing
the complaint with prejudice.



                                   J. MICHAEL O'NEILL
                                   Administrative Law Judge