DATE:   June 28, 1995
CASE NO. 94-ERA-46


IN THE MATTER OF

ROBERT AVERY,

          COMPLAINANT,

     v.

DUKE POWER COMPANY,


          RESPONDENT. 


BEFORE:   THE SECRETARY OF LABOR


                               REMAND ORDER

     On March 22, 1995, the Administrative Law Judge (ALJ) issued
a recommended Order of Dismissal in this case, which arises under
the employee protection provisions of the Energy Reorganization
Act of 1974, as amended, 42 U.S.C. § 5851 (1988).  On April
3, 1995, the Secretary issued an Order To Show Cause why this
case should not be dismissed with prejudice.  Complainant
responded that he did not want the case dismissed but was not
qualified to represent himself and was unable to secure the
services of an attorney.  On May 2, 1995, an order was issued
allowing Complainant 30 days in which to secure the services of
an attorney or advise that he was prepared to proceed pro
se.  By letter dated May 19, 1995, I am advised that
Complainant is prepared to go forward and will be represented by
Counsel.  Accordingly, this case is remanded to the
Administrative Law Judge for further proceedings.
     SO ORDERED. 

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.