DATE:  December 15, 1992
CASE NO. 92-ERA-00059


IN THE MATTER OF
EDWARD S. WOLLESEN
          COMPLAINANT,
       v.
FLORIDA POWER CORPORATION,
          RESPONDENT.

BEFORE:  THE SECRETARY OF LABOR

                          FINAL ORDER OF DISMISSAL
    This case arises under the employee protection provision of
the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. 
§ 5851 (1988), and is before me for review of the Recommended
Order of Dismissal (R.O.D.) of the Administrative Law Judge (ALJ). 
The ALJ recommended dismissal based on Complainant's request to
withdraw his complaint.  Respondent does not object to the
request.
    Pursuant to 29 C.F.R. § 18.1(a), the Federal Rules of
Civil Procedure apply in a hearing before a Department of Labor
ALJ when there is no specific rule or statute that governs.  Since
neither the ERA, the implementing rules at 29 C.F.R. Part 24, nor
the rules governing hearings before ALJs of the Department of
Labor, at 29 C.F.R. Part 18, contains a provision governing
voluntary dismissal, I find that dismissal is appropriate under
Fed. R. Civ. P. 41(a)(2).  Accordingly, this complaint is
DISMISSED without prejudice.  Id.

      SO ORDERED.

                              LYNN MARTIN
                              Secretary of Labor                        
               

Washington, D.C.