U.S. Department of Labor      Administrative Review Board
                              200 Constitution Avenue, N.W.
                              Washington, D.C. 20210



In The Matter Of:

ADAM MCNIECE,                           CASE NOS. 95-ERA-18
          COMPLAINANT,                       95-ERA-47
     
                                        DATE:  JULY 3, 1996
     v.

NORTHEAST NUCLEAR ENERGY COMPANY
AND BARTLETT NUCLEAR, INC.,
          RESPONDENTS.

BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1]


CLARIFICATION OF SECRETARY'S PRELIMINARY
ORDER                      AND ORDER OF REMAND

     Respondent has requested a clarification of the Secretary's
February 21, 1996, Preliminary Order and Order of Remand (P. 0.
and 0. of R.) The Secretary's P. 0. and 0. of R. directs the
Respondent to correct Complainant's Performance Evaluation of
December 9, 1994, to reflect a minimum rating of at least "3" in
all categories.  This directive affects only the December 9,
1994, Performance Evaluation and does not direct that any
Performance Evaluations subsequent to Complainant's reinstatement
of March 14, 1996, reflect anything other than a fair and
accurate evaluation of the Complainant's performance.

     The P. 0. and 0. of R. further directs Respondent not to
give a less than satisfactory reference regarding Complainant
only relating to the period up to Complainant's March 14,
1996, reinstatement.  In the event that Complainant ceases to be
employed by Respondent in the future, Respondent is expected to
provide a fair and accurate reference of Complainant's
performance subsequent to Complainant's March 14, 1996,
reinstatement.

     SO ORDERED.


[PAGE 2]
                                   DAVID A. O'BRIEN
                                   Chair


                                   KARL SANDSTROM
                                   Member

                                   JOYCE  D. MILLER
                                   Alternate Member



[ENDNOTES]

[1]  This matter was filed before the Secretary of Labor pursuant
to the Energy Reorganization Act of 1974, as amended, 42
U.S.C.§ 5851 (1994).  On April 17, 1996, a Secretary's Order
was signed delegating jurisdiction to issue final agency
decisions under this statute and the implementing regulations (29
C.F.R. Part 24) to the newly created Administrative Review Board. 
Secretary's Order 2-96 (Apr. 17, 1996), 61 Fed.  Reg. 19978 (May
3, 1996) (copy attached).

     Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions.  A
copy of the final procedural revisions to the regulations (61
Fed.  Reg. 19982) implementing this reorganization is also
attached.