DATE:  January 23, 1992
CASE NO. 92-ERA-13


IN THE MATTER OF
STEPHEN MILLS,
          COMPLAINANT,

v.

ARIZONA PUBLIC SERVICE COMPANY,
RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                                     
    Before me for review is the Recommended Decision and Order,
issued December 20, 1991, by the Administrative Law Judge (ALJ)
in this case, under the employee protection provision of the
Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. 5
5851 (1988).  The ALJ found the parties' settlement agreement
fair, adequate and reasonable, see 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, and recommended that the
agreement be approved and the case dismissed with prejudice.
    Review of the agreement reveals that it may encompass the
settlement of matters under laws other than the ERA.  See,
e.g., Settlement Agreement 11 1, 2, 3, 5, 6 and 7.  As
stated in Poulos
v. Ambassador Fuel Oil Co.. Inc., Case No.
86-CAA-l, Sec. Order, Nov. 2, 1987, slip op. at 2:

[The Secretary's] authority over settlement agreements is limited
to such statutes as are within [the Secretary's] jurisdiction and
is defined by the applicable statute.  See Aurich v.
Consolidated Edison Company of New York. Inc., Case
No. [86-]CAA-2, Secretary's Order Approving Settlement, issued
July 29, 1987; Chase v. Buncombe County. N.C., Case No.
85-SWD-4, Secretary's Order on Remand, issued November 3, 1986. I
have therefore, 
[PAGE 2]
limited my review of the agreement to determining whether the
terms thereof are a fair, adequate and reasonable settlement of
Complainant's allegation that Respondents violated the ERA. Upon
review of the terms of the agreement signed by the parties, and
based on the record of this case, I find that the agreement is
fair, adequate and reasonable.  I therefore accept the ALJ's
recommendation that the agreement be approved. Accordingly, this
case is DISMISSED WITH PREJUDICE.  Joint Stipulation; Settlement
Agreement 1 16.                                                   
  SO ORDERED.

                             LYNN MARTIN
                             Secretary of Labor                   
    


Washington, D.C.