DATE:  November 1, 1995
CASE NOS. 93-ERA-48


IN THE MATTER OF 

WILLIAM G. HELTON,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision 
of the Energy Reorganization Act of 1974 (ERA), as amended, 
42 U.S.C. § 5851 (1988 and Supp. IV 1992).  The parties
submitted a Memorandum of Understanding seeking approval of the
settlement and dismissal of the complaint.  The Administrative
Law Judge (ALJ) issued a Recommended Order of Dismissal (R. O.)
on November 5, 1993,[1]  recommending that the complaint be
dismissed.  The request for dismissal is based on an agreement
entered into by the parties, therefore, I must review it to
determine whether the terms are a fair, adequate and reasonable
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 
paragraph 3.  For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
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 
[PAGE 2]
settlement of the Complainant's allegations that Respondent
violated the ERA.
     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.  
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.






[ENDNOTES]
           
[1]   The ALJ's R. O. and the parties' settlement agreement were
received by the Secretary on October 18, 1995.