U.S. Department of Labor
     Administrative Review Board
     200 Constitution Avenue, N.W.
     Washington, D.C. 2021 0



IN THE MATTER OF

WILLIAM DAVID SIMMONS                         CASE NOS. 93-ERA-5
          COMPLAINANT,                                  95-ERA-41

                                              DATE: May 30, 1996

     v.

ARIZONA PUBLIC SERVICE CO.1
ARIZONA NUCLEAR POWER PROJECT
          RESPONDENTS.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1]

               FINAL ORDER APPROVING SETTLEMENT
                    AND DISMISSING COMPLAINTS

     This case arises under the employee protection provision
the Energy Reorganization Act, 42 U.S.C. § 5851, and the
regulations at 29 C.F.R. Part 24 (1993).  The Administrative Law
Judge (ALJ) issued a Recommended Order of Dismissal on April 3,
1996 in Case No. 93-ERA-5, recommending approval of a Settlement
Agreement reached by the parties and dismissal of the complaint
with prejudice.  The Settlement Agreement also concerns Case No.
95-ERA-41 which is presently pending the Board's review of a
Recommended Decision and Order issued January 18, 1996,
recommending dismissal of that case.

     The parties submitted a joint motion before the Board,
requesting review of the Settlement Agreement as it pertains to
both cases.  In the interest of judicial economy and in order to
effectuate the intent of the parties, we agree to do so.

     Because the request for approval is based on an agreement
entered into by the parties, we must review it to determine
whether the terms are a fair, adequate and reasonable settlement
of the complaints. 29 C.F.R. § 24.6(b); Macktal v.
Secretary of 
[PAGE 2]
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. Ord., Mar. 23, 1989, slip op.
at 2.

     The Settlement Agreement appears to encompass the settlement
of matters arising under various laws, beyond those encompassed
by the above referenced statutes.  See Settlement Agreement,
Preamble; ¶ 3.4. 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, we have limited our review of the
Settlement Agreement to determining whether its terms are a fair,
adequate and reasonable settlement of Complainant's allegations
that Respondent violated the ERA.

     The Settlement Agreement requires the Complainant and
Respondent to keep the terms of the Settlement Agreement
confidential.  See ¶¶ 3.1 to 3.6. The
Secretary has previously held in a number of cases with respect
to confidentiality provisions in settlement agreements that the
Freedom of Information Act (FOIA) "requires agencies to disclose
requested documents unless they are exempt from disclosure. . .
." Plumlee v. Alyeska Pipeline Service Co., Case
Nos. 92-TSC-7, 10; 92-WPC-6, 7, 8, 10, Sec. Final Ord.  Approving
Settlements and Dismissing Cases with Prejudice, Aug. 6, 1993,
slip op. at 6.

     The records in these cases are agency records which must be
made available to the public under the FOIA.  Department of Labor
regulations provide specific procedures for responding to FOIA
requests, for appeals by requesters from denials of such
requests, and for protecting the interests of submitters of
confidential commercial information.  See 29 C.F.R. Part 70
(1994).

     We find that the Settlement Agreement, as here construed, is
a fair, adequate and reasonable settlement of the complaint.
Accordingly, we APPROVE the settlement and DISMISS the complaints
in Case Nos. 93-ERA-5 and 95-ERA-41 with prejudice.  Settlement
Agreement at ¶¶ 1.1, 1.2.

     SO ORDERED.


                                   KARL J. SANDSTROM
                                   Presiding Member

                                   JOYCE D. MILLER

[PAGE 3]
                                   Alternate Member

[ENDNOTES]

[1]  April 17, 1996, the Secretary of Labor redelegated authority
to issue final agency decisions under, inter alia, the Energy
Reorganization Act and its implementing regulations to the newly
created Administrative Review Board.  Secretary's Order 2-96
(Apr. 17, 1996), 61 Fed.  Reg. 19978, May 3, 1996 (copy
attached).

     Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order, and regulations under with the
Administrative Review Board now issues final agency decisions.  A
copy of the final procedural revisions to the regulations (61
Fed.  Reg. 19982), implementing this reorganization is also
attached.

[2] 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).