DATE:  September 29, 1993
CASE NO. 93-ERA-33


IN THE MATTER OF

RICHARD J. SILVER

          COMPLAINANT,

     v.

CAROLINA POWER & LIGHT CO. 
BRUNSWICK NUCLEAR PROJECT 

     and 

ACTION TECHNICAL AND
CONSTRUCTION SERVICES,

          RESPONDENTS.


BEFORE:  THE SECRETARY OF LABOR


                     FINAL ORDER DISMISSING COMPLAINT
     On June 15, 1993, the Administrative Law Judge (ALJ) issued
a (Recommended) Order Withdrawing Complaint in this case arising
under the Energy Reorganization Act of 1974, as amended (ERA), 
42 U.S.C. § 5851 (1988).  The ALJ's decision was based on
Complainant's Notice of Voluntary Withdrawal Without Prejudice. 
Respondents' counsel filed a letter indicating no objection to
the withdrawal request.
     A complainant is entitled to dismissal without prejudice of
an ERA complaint in accordance with Fed. R. Civ. P. 41(a)(1)(i)
when the respondent has not filed the functional equivalent of an
answer to the complaint or a motion for summary judgment. 
Mosbaugh v. Georgia Power Co., Case No. 90-ERA-58, Final
Dec. and Order, Sept. 23, 1992, slip op. at 2.    I find that
Respondent 
[PAGE 2]
has not filed the functional equivalent of either an answer or a
motion for summary judgment in this case.  Accordingly, the
complaint is DISMISSED without prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.