DATE:  June 28, 1995
CASE NO. 93-ERA-14


IN THE MATTER OF

ROBERT H. MOODY,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL ORDER OF DISMISSAL

     This case arises under the employee protection provision 
of the Energy Reorganization Act of 1974, as amended (ERA), 
42 U.S.C. 5851 (1988).  Robert H. Moody timely complained that,
in retaliation for his reporting of nuclear safety complaints,
Respondent, Tennessee Valley Authority (TVA), discriminated
against him by not considering him for a temporary promotion.
In response to the Administrative Law Judge's notice of hearing, 
the parties requested a continuance to permit them to pursue a
settlement.
     Seven months later, the ALJ requested a status report from
the parties.  TVA moved to dismiss the complaint on the ground
that Moody had abandoned it by not appearing for a deposition to
which he had agreed, and by repeatedly stating that he intends to
dismiss this complaint.  Moody did not respond.
     When the ALJ ordered Moody to show cause why the complaint
should not be dismissed, Moody asked for additional time to
retain counsel.  The ALJ granted 30 more days and stated that
failure to notify the ALJ that Moody has retained counsel and
desires to pursue this claim would result in dismissal.  
     Moody did not send the required notification and the ALJ
recommended dismissal.  Moody did not submit a brief to the
Secretary pursuant to the Order Establishing Briefing 
Schedule.   
     I find that Moody has abandoned this complaint and affirm
the ALJ's recommendation of dismissal pursuant to 18 C.F.R.
§ 18.39(b).  Accordingly, the complaint is DISMISSED with
prejudice.     
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.