CASE NO. 94-ERA-15
DATE: Jan. 30, 1997

In the Matter of:

STEVEN BOUDRIE,
   COMPLAINANT,

    v.

COMMONWEALTH EDISON COMPANY,

    &

BECHTEL CONSTRUCTION COMPANY,
   RESPONDENTS.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

    This case arises under the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1988 and Supp. V 1993). The Complainant and Respondent Bechtel Construction Company (Bechtel) submitted a Settlement Agreement and General Release to the Administrative Law Judge (ALJ) seeking approval of the settlement and dismissal of the complaint against Bechtel. The ALJ issued a Recommended Decision and Order on December 11, 1995, recommending, inter alia, approval of the settlement. The record includes an unsigned copy of the settlement agreement. The parties are required to provide the Board with a signed original of the settlement agreement.

    In addition, the Board now requires that all parties requesting settlement approval of cases arising under the employee protection provisions of the environmental protection statutes provide the settlement documentation for any other alleged claims arising from the same factual circumstances forming the basis of the federal claim, or to certify that no other such settlement agreements were entered into between the parties. Biddy v. Alyeska Pipeline Service Company, ARB Case Nos. 96-109, 97-015, Final Order Approving Settlement and Dismissing

Complaint, Dec. 3, 1996, slip op. at 3. Therefore, the parties are directed to provide any additional settlement documentation or a certification that no other such settlements were entered into between them.

    The parties are required to file a joint response to this Order within ten (10) days. If the parties cannot agree upon a joint response, Complainant's counsel is to submit the required information within fifteen (15) days from the issuance of this Order. Respondent may submit a response within twenty (20) days of the issuance of this Order.

    SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member