DATE:  May 23, 1995
CASE NOS. 92-ERA-38; 
          92-ERA-45; 
          93-ERA-28 
          (Consolidated)


IN THE MATTER OF 

THOMAS J. SAPORITO, JR.,

          COMPLAINANT,

     v.

HOUSTON LIGHTING AND POWER,

          RESPONDENT,

     and

NUCLEAR SUPPORT SYSTEMS, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions 
of the Energy Reorganization Act of 1974 (ERA), as amended, 
42 U.S.C. § 5851 (1988 and Supp.IV 1992).  The
Administrative Law Judge (ALJ) issued a decision recommending
that the settlement be approved on April 10, 1995.  The parties
submitted a Joint Motion for Approval of Settlement Agreement and
Dismissal with Prejudice seeking approval of the settlement and
dismissal of the complaint.  Because the request for approval is
based on the agreement entered into by the parties, I must review
it to determine whether the terms are a fair, adequate and
reasonable 
[PAGE 2]
settlement of the complaint.  42 U.S.C. § 5851(b)(2)(A)
(1988).  Macktal v. Secretary of Labor, 923 F.2d
1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Dep't
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. 
     The agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA. 
See ¶¶ 2, 8 and 12.  For the reasons set
forth in Poulos v. Ambassador Fuel Oil Co., Inc.,
Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op. at 2, I have
limited my review of the agreement to determining whether its
terms are a fair, adequate and reasonable settlement of the
Complainant's allegations the Respondent violated the ERA.
     The Settlement Agreement, and therefore this order, pertains
only to the portion of the consolidated cases that is related to
Nuclear Support Systems Inc.. 
   Paragraph 11 provides that the parties shall keep the
terms of the agreement confidential, although Paragraph 13
provides that the agreement does not prohibit or restrict the
Complainant from reporting or providing information to any
Federal or state governmental agency.   
     Although the parties have designated the documents in this
case as confidential commercial information, the Freedom of
Information Act (FOIA), 5 U.S.C. § 552 (1988), requires
Federal agencies to disclose requested records unless they are
exempt from disclosure under the Act. [1]  See Debose
v. Carolina Power & Light Co., Case No. 92-ERA-14,  Ord.
Disapproving Settlement and Remanding Case, Feb 7, 1994, slip op.
at 2-3 and cases there cited.  
     Paragraph 9 provides that the agreement will be governed by
the laws of Pennsylvania, excepting that the authority of the
Secretary of Labor and any Federal court shall be governed in all
respects by the laws and regulations of the United States. 
See Phillips v. Citizens Ass'n for Sound Energy,
Case No. 91-ERA-25, Final Ord. of Dismissal, Nov. 4, 1991, slip
op. at 2.   
     I find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint. 
Accordingly, I APPROVE the agreement and DISMISS THE COMPLAINT
WITH PREJUDICE.  Paragraph 4.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.




[ENDNOTES]
           
[1]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).