This case arises under section 210 of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851
(1982). Before me for approval is a settlement agreement
accompanied by a mutual release entered into by the parties in
the case and a [recommended] Order of Dismissal issued by
Administrative Law Judge (ALJ) Kenneth A. Jennings on
September 28, 1988, and amended on September 22, 1988.
The terms of the settlement agreement and the provisions
of the release have been carefully reviewed. These documents
appear to encompass the settlement of matters arising under
various laws, only one of which is the ERA. As stated in Poulos
v. Ambassador Fuel Co., Inc., Case No. 86-CAA-1, Secretary's
Order, issued November 2, 1987, slip op. at 2:
[The Secretary's] authority over settlement
agreements is limited to such statutes as
are within [The Secretary's] jurisdiction
and is defined by the applicable statute.
See Aurich v. Consolidated Edison Company of
New York. Inc., Case No. CAA-2, 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.
[Page 2]
I have, therefore, limited my review of the agreement and
release to determining whether the terms thereof are a fair
adequate and reasonable settlement of Complainant's allegation
that Respondent violated the ERA.
I find the terms of the agreement within the scope of
authority to be fair, adequate and reasonable. I, therefore
approve the settlement agreement and the release signed by the
parties.
Accordingly, the complaint in this case is DISMISSED WITH
PREJUDICE.