ARB CASE NO. 00-009
ALJ CASE NO. 99-ERA-19
DATE: April 25, 2000
In the Matter of:
STEVEN J. SOLNICKA,
COMPLAINANT,
v.
WASHINGTON PUBLIC POWER SUPPLY
SYSTEM (ENERGY NORTHWEST),
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Steven J. Solinicka, Pro Se,
Richland, Washington
For the Respondent:
Melvin N. Hatcher, Esq.,
Richland, Washington
ORDER DENYING FIFTH MOTION FOR AN EXTENSION OF
TIME AND DISMISSING THE APPEAL
The complainant, Steven J. Solnicka, has filed a Motion to Allow Introduction
of New Evidence and Extension of Time to File It. Solnicka asserts that the new evidence is a report
to be issued near the end of March concerning the adequacy of respondent Washington Public Power
Supply System's (Washington Power) inspection and maintenance program for cranes. Solnicka
"respectfully requests a 10 day business day extension from date the report will be
released." Solnicka submitted the motion one day before his initial brief was due.
[Page 2]
This case arises under the Energy Reorganization Act of 1974 (ERA), 42
U.S.C. §5851 (1995). On October 21, 1999, an Administrative Law Judge issued a Decision
and Order Approving the Settlement Agreement and Dismissing the Appeal of the Complainant
(ALJ D. & O.). The ALJ stated in the decision, "As the Complainant was pro se in this case,
certain issues were discussed at the hearing. The Complainant was assured that settlement of this
federal case would have no bearing on issues raised at the state level." ALJ D. & O. at 2.1
1 At the hearing, the following exchange
occurred between the ALJ, Solnicka, and Melvin N. Hatcher, counsel for Washington Power:
JUDGE MALAMPHY: In part 3 [Solnicka] wondered about
the provision for filing of additional claims, and you talked about the
state agency.
MR. SOLNICKA: Yes, Your Honor. I didn't want to -- I want
to -- didn't want confusion with this agreement and the U.S.
Department of Labor claims, in regards to the claims I have with the
State of Washington Department of Labor.
JUDGE MALAMPHY: Mr. Hatcher?
MR. HATCHER: Yes. Your Honor, it's our -- it's my
understanding that Mr. Solnicka, within this release and settlement
agreement, has a full opportunity and right to raise any issues in the
future, and specifically with regard to issues that he has discussed
with me concerning insurance benefits. This agreement does not
cover insurance benefits.
Mr. Solnicka has also
identified to me that he has some
ongoing concerns with the crane
program, and this agreement is not
intended to preclude Mr. Solnicka
from pursuing those types of issues to
a full and complete, satisfactory
resolution.