DATE: April 10, 1992 
CASE NO. 91-CAA-3   
 



IN THE MATTER OF

DOMINICK RONDINELLI,

               COMPLAINANT,
v.


CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                      FINAL ORDER APPROVING SETTLEMENT
                                      
    On March 23, 1992, the Administrative Law Judge (ALJ) issued,
and transmitted to me for review, an Order Approving Settlement
and Recommended Order of Dismissal with Prejudice in this case
which arises under the Clean Air Act, as amended (CAA), 42 U.S.C. 
7622 (1988).
    The ALJ found the terms of the Settlement Agreement and
General Release, executed by the parties on March 6, 1992, to be a
fair, adequate and reasonable settlement of Complainant's 
allegations in this proceeding, and ordered that the agreement be
approved.  The ALJ also recommended that the Secretary enter a
final order of dismissal with prejudice and without costs or
attorneys' fees pursuant to Fed. R. Civ. P. 41 (a)(l)(ii), as
proposed by the parties.
         The CAA requires that I approve all settlement
agreements. 42 U.S.C.  7622(b)(2)~A); see Thompson
v. United States Dept. of Labor, 885 F.2d 551,
556 (9th Cir. 1989).  After careful review, I first note
that as the ALJ acknowleged, this settlement agreement
purports to resolve a number of matters arising under other
laws and agreements in 
[PAGE 2]
addition to the CAA.  For the reasons set forth in Poulos
v. Ambassador Fuel Oil Co., Case No. 86-CAA-l, Sec.
Order, Nov. 2, 1987, slip op. at 2, I have limited my review
of the agreement to determining whether its terms are a
fair, adequate, and reasonable settlement of Complainant's
allegations that Respondent violated the CAA.
    The Ninth Paragraph, at page 17 of the agreement, is a
confidentiality provision restricting the parties and their
counsel from disclosing the terms of the agreement.  Because the
provision appears to broadly prohibit such disclosure under all
circumstances, I interpret it as not restricting disclosure of the
terms of the agreement where required by law.  Anderson v.
Waste Management of New Mexico, Case No. 88-TSC-2, Sec.
Final Order Approving Settlement, Dec. 18, 1990, slip op. at 2.
    Additionally, the agreement states that it "shall in all
respects be interpreted, enforced and governed" under the laws of
New York.  Settlement Agreement and General Release at 19,
Fourteenth Paragraph.  I interpret this statement as not limiting
the authority of the Secretary or the United States district court
under the statute and the regulations.  42 U.S.C.  7622(d);
see also 29 C.F.R.  24.8(a) (1991); Phillips
v. Citizens Assoc. for Sound Energy, Case No.
91-ERA-25, Sec. Final Order of Dismissal, Nov. 4, 1991, slip op.
at 2.
    As limited and construed herein, I find the terms of the
agreement to be fair, adequate, and reasonable, and, therefore,
approve the Settlement Agreement and General Release.
Accordingly, the complaint in this case is DISMISSED WITH
PREJUDICE.  See Settlement Agreement and General Release
at 12, Fourth Paragraph.
    SO ORDERED.

                             LYNN MARTIN
                             Secretary of Labor                   




Washington, D.C.