DATE:  June 2, 1994
CASE NO. 89-ERA-00012


IN THE MATTER OF

FRANK C. SMITH,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


           ORDER LIFTING STAY AND ESTABLISHING BRIEFING SCHEDULE

     Before me for review is the Recommended Decision and Order
(R.D. and O.) and the Supplemental Recommended Decision and Order
Granting Motion for Summary Judgment (S.R.D.) issued by the
Administrative Law Judge (ALJ) on October 1, 1991 and April 26,
1994 respectively, in this case arising under the employee
protection provisions of the Energy Reorganization Act of 1974,
as amended (ERA), 42 U.S.C. § 5851 (1988).  In his R.D. and
O. of October 1991, the ALJ found that Complainant was unlawfully
discriminated against in retaliation for activity protected under
the ERA, and recommended reinstatement, recovery of back pay with
interest, compensatory damages, attorney fees, costs and
expenses.  
     By Order Granting Stay issued on January 16, 1992, the
parties' request for a stay of the briefing schedule in this case
pending issuance of the ALJ's supplemental decision on damages
was granted.  An Order to Show Cause was issued on February 25,
1994, requesting that the parties indicate the status of the case
and show cause why the Stay should not be lifted and review of
the R.D. and O. commenced.  In response to the Order to Show 
[PAGE 2]
Cause, the ALJ issued a Memorandum dated March 28, 1994,
requesting that the Order Granting Stay remain in effect because
he had reopened the record in the case and was considering a
Motion for Summary Judgment filed by the Respondent which could
alter the initial R.D. and O. pending before me for review. [1] 
   On April 26, 1994, the ALJ issued a Supplemental
Recommended Decision and Order Granting Motion for Summary
Judgment.  The ALJ dismissed the complaint finding that
Respondent established that Complainant wilfully falsified and
failed to report medical conditions on TVA's medical exam, and
that such misrepresentation would have caused Complainant's
nonselection for position he sought at TVA.  Finding that no
genuine issue of material fact existed regarding Complainant's
allegation of discriminatory nonselection, the ALJ granted
Respondent's motion for summary judgment.
     This case is now ripe for review.  The Order Granting Stay
is lifted and the following briefing schedule is issued in this
case.  Parties may file initial briefs, not to exceed 25 double-
spaced typed pages, in support of or in opposition to the ALJ's
recommended decision in this case, within 30 days of receipt of
this order.  Reply briefs, not to exceed 15 double-spaced typed
pages, may be filed within 30 days of receipt of initial 
briefs. [2]   Filings shall be submitted to the Office of
Administrative Appeals, U.S. Department of Labor, 200
Constitution Avenue, N.W., S-4309, Washington, D.C.  20210. 
Copies of all filings shall be served on all other parties and
their counsel.
     SO ORDERED.

                              For the Secretary of Labor



                              GRESHAM C. SMITH
                              Acting Director, Office of 
                               Administrative Appeals [3] 

Washington, D.C.




[ENDNOTES]
           
[1]   Both parties responded to the Order to Show Cause and
requested that the Stay remain in effect pending the ALJ's
Supplemental decision.

[2]   All pleadings are expected to conform to the page
limitations and should be prepared in Courier 12 point, 10
character-per-inch type or larger, with minimum one inch left and
right margins, and minimum 1.25 inch top and bottom margins,
printed on 8 1/2 by 11 inch paper.  This requirement is necessary
because some parties have attempted to evade the page limits of
previous briefing schedules.

[3]   This order is issued pursuant to Secretary's Order 3-90, 
55 Fed. Reg. 13,250 (April 9, 1990) (copy appended).