Date: April 22, 1996

Case Nos.: 95-TSC-7

In the Matter of

WILLIAM C. BIDDY,

Complainant

v.

ALYESKA PIPELINE SERVICE COMPANY,

Respondent

This complaint was filed by complainant under the Employee Protection Provisions of the Toxic Substances Control Act of 1976, 15 U.S.C. § 2622, the Water Pollution Control Act, 33 U.S.C. § 1367, the Clean Air Act, 42 U.S.C. § 7622 and the Solid Waste Disposal Act, 42 U.S.C. § 6971. On April 16, 1996, the parties filed an executed "Joint Motion to Approve Settlement Agreement and For Order of Dismissal," as well as a "Settlement Agreement, Release and Covenant Not to Sue," attached hereto. Under the terms of the agreement, the respondents agree to pay complainant a stated sum in consideration of covenants and releases stated therein.

After due consideration of the proposed settlement in light of the nature of the complaint, the disputed issues presented by the pleadings, the vagaries of litigation, IT IS HEREBY DETERMINED that the terms of the settlement are fair, adequate and reasonable as asserted by the parties in their joint motion. The motion is therefore GRANTED and it is RECOMMENDED that the Secretary approve the attached settlement and issue an order dismissing the instant complaint with prejudice. See 29 C.F.R. § 24.6.

THOMAS M. BURKE

Administrative Law Judge

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