CONSOLIDATED EDISON CO.
OF NEW YORK, INC.,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT
On March 22, 1988, Administrative Law Judge (ALJ) Robert
J. Shea issued an order recommending that the settlement
agreement entered into by the parties be approved and that the
complaint filed by Complainant Moran under Section 7622 of the
Clean Air Act, 42 U.S.C. § 7622 (1982), be dismissed.
The settlement agreement encompasses matters arising
under various laws, only one of which is the Clean Air Act.
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My authority over settlement agreements is limited to such
statutes as are within my jurisdiction and is defined by the
applicable statute. See Poulos v. Ambassador Fuel Oil Co.,
Inc., Case No. 86-CAA-1, Secretary's Order issued November 2,
1987; Aurich v. Consolidation Edison Company of New York In.,
Case No. CAA-21 Secretary's Order Approving Settlement, issued
July 29, 1987; Chase v. Buncombe County, N.C., Case No.
85-SWD-4, Secretary's Decision and order on Remand, issued
November 3, 1986. Accordingly, I have limited my review of
the settlement agreement to determining whether its conditions
are a fair, adequate and reasonable settlement of Complainant's
allegations that Respondent violated Section 7622 of the CAA.
Upon review of the terms of the agreement signed by the
parties, I find that this agreement is fair, adequate and
reasonable. I, therefore approve the settlement and accept
the ALJ's recommendation that this case be dismissed.
Accordingly, the complaint in this case is DISMISSED WITH
PREJUDICE.
