ARB CASE NO. 97-065
ALJ CASE NO. 93-ERA-16
DATE: October 1, 1998

In the Matter of:

THOMAS H. SMITH,
    COMPLAINANT,

    v.

ESICORP, INC. (Formerly known as EBASCO SERVICES, INC.),
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   Complainant, by letter to the members of the Administrative Review Board, requests the Board to vacate and reconsider the final decision of August 27, 1998, or to refer this case to the Secretary for a "policy decision" on the amount of damages. Complainant has not presented any new arguments or reasons to vacate the August 27 decision. As the Secretary has delegated her decision-making authority in cases arising under the Energy Reorganization Act of 1974 to the ARB, we deny Complainant's request that we refer this matter to her. Secretary's Order No. 2-96, paragraph 4. Complainant's motion is denied.

   SO ORDERED.

       PAUL GREENBERG
       Member

       CYNTHIA L. ATTWOOD
       Acting Member