FUEL ECONOMY CONTRACTING AND
OMAHA PUBLIC POWER DISTRICT,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT AND DISMISSING CASE
This case arises under the employee protection provision of
the Energy Reorganization Act of 1974, as amended (ERA),
42 U.S.C. § 5851 (1982), and is before me for review of a
Settlement Agreement entered into by the parties.
On February 15, 1990, I issued an Order to Show Cause. As I
explained in that order:
Paragraph 3 of the settlement prohibits Complainant
from "provid[ing] any documents received by and through
the litigation process in this case, or any information
describing or analyzing the information to the Nuclear
Regulatory Commission ("NRC") [or] to any other person,
and will not take any action to do anything to suggest
or otherwise induce the NRC or any other person, to
take any action to review the information received by
and through this case . . . . [Complainant] will [not]
take part in or assist in any action, claim, or
proceeding on any alleged violation, claim or event
testified to by [Complainant] and others during the
course of this proceeding . . . ." Paragraph 4
provides that "[Complainant] . . . will not voluntarily
appear to or for the NRC or any other person as a
witness in any proceeding . . . ."
Slip op. at 2.
Accordingly, I found paragraphs 3 and 4 of the parties'
Settlement Agreement (Settlement) void as against public policy
to the extent that those paragraphs would restrict Complainant
from communicating to federal or state enforcement authorities
concerning alleged violations of the ERA or other laws. The
Order to Show Cause gave Respondents 30 days to show cause why
paragraphs 3 and 4 should not be severed and the remainder of the
Settlement Agreement approved and this case dismissed with
prejudice.
Respondents have not filed any response to the Order to Show
Cause. Accordingly, paragraphs 3 and 4 of the settlement are
severed to the extent that they would restrict Complainant from
communicating to federal or state enforcement authorities
concerning alleged violations of the ERA or other laws. I find
the remainder of the settlement to be fair, adequate and
reasonable and it is approved as provided in the Order to Show
Cause. This case is dismissed with prejudice. Settlement
Agreement, paragraph 5.