DATE: October 1, 1996

CASE No.: 96-ERA-14

IN THE MATTER OF:

ADAM P. McNIECE
    Complainant

    v.

NORTHEAST NUCLEAR ENERGY COMPANY AND
BARTLETT NUCLEAR, INC.
    Respondents

    This is a proceeding under Section 210 of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5851 (hereinafter referred to as "the Act) and its implementing regulations found in 29 C.F.R. § 24. The undersigned is in receipt of a "Settlement Agreement," entered into by the parties on August 23, 1996 and received in this office on September 10, 1996. The regulations cited above do not contain any provision relating to a dismissal of a complaint by a voluntary settlement. Therefore, it is necessary to refer to the Rules of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges, at 29 C.F.R. § 18. In pertinent part, these regulations state:

General application. These rules of practice are generally applicable to adjudicatory proceedings before the Office of Administrative Law Judges, United States Department of Labor. . . . To the extent that these rules may be inconsistent with a rule of special application as provided by statute, executive order, or regulation, the latter is controlling. The Rules of Civil Procedure for the District Courts of the United States shall be applied in any situation not provided for or controlled by these rules, or by any statute, executive order or regulation.

    29 C.F.R. § 18.1(a). Therefore, because the regulations at 29 C.F.R. § 24 do not address settlements, the regulations at § 18 are controlling. Section § 18.9, which is entitled Consent order or settlement; settlement judge procedure, allows the parties in a proceeding before an administrative law judge to reach agreement on their own, without actual participation by the administrative law judge. 29 C.F.R. § 18.9(a)-(c). Once agreement has been reached by the parties, the regulations permit them to, "[n]otify the administrative law judge that the parties have reached a full settlement and have agreed to dismissal of the action." 29 C.F.R. §18.9(c)(2). Once such notification occurs, the administrative law judge is then directed by § 18.9(d), which states in pertinent part:

Disposition. In the even an agreement . . . is submitted . . ., the administrative law judge, within thirty (30) days thereafter, shall, if satisfied with its form and substance, accept such agreement by issuing a decision based upon the agreed findings.

29 C.F.R. § 18.9(d).

    In the case at bar, I find that the submitted agreement meets the provisions of 29 C.F.R. §18.9(b), as the agreement is fair, adequate and reasonable. Therefore, the settlement agreement is hereby APPROVED, and the complaint is hereby DISMISSED WITH PREJUDICE.

       DAVID W. DI NARDI
       Administrative Law Judge

Dated: October 1, 1996

Boston, Massachusetts

DWD:gcb