ARB CASE NO. 97-075
(ALJ CASE NO. 97-ERA-25)
DATE: APR 23 1997

In the Matter of:

DONALD C. SMITH,
   COMPLAINANT,

   v.

TENNESSEE VALLEY AUTHORITY,
   RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   On March 26, 1997, the Board issued an Order to Show cause why the captioned matter should not be dismissed, based on the procedural history of this case in which, on March 12, 1997, Administrative Law Judge (ALJ) Lee J. Romero, Jr. issued an Order Granting Summary Decision and Recommended Order of Dismissal in this matter. Complainant had requested a hearing in a previous case (ALJ Case No. 96-ERA-10), seeking to appeal the findings of the District Director that Complainant had failed to establish a prima facie case of discrimination under the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988).

   Respondent filed a Motion for Summary Decision, averring in part that Case No. 96ERA-10 was the subject of a settlement agreement dated May 15, 1996.¹ In its motion, Respondent further argued that an ALJ has no authority to review a final order issued by the Administrative Review Board.

¹ALJ Quentin McColgin issued a recommended Order on May 22, 1996 recommending approval of the settlement agreement and dismissal of the complaint. The Administrative Review Board issued a Final Order Approving Settlement Agreement and Dismissing Complaint on June 24, 1996.