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Bonneau v. Illinois Power Co., 86-ERA-28 (ALJ July 7, 1986)


U.S. Department of Labor
Office of Administrative Law Judges
304A U.S. Post Office and Courthouse
Cincinnati, Ohio 45202
(513) 684-3252

Date Issued JUL 7 1986
Case No. 86-ERA-28

In the Matter of:

STEVE BONNEAU


    Plaintiff

    v.

ILLINOIS POWER COMPANY

    Defendant

ORDER OF DISMISSAL

    The above styled case is an action upon a complaint filed by Mr. Steve Bonneau versus Illinois Power Company under the whistleblower provisions of the Energy Reorganization Act, alleging retaliation by the Defendant due to the Plaintiff's reporting safety concerns to the Nuclear Regulatory Commission.

    On June 11, 1986 at 10:30 a.m. EST, a telephone conference was conducted with the Plaintiff, Steve Bonneau, and Attorney Donna B. Panich, Counsel for the Defendant. During the conference that he was considering retaining counsel. Mr. Bonneau then advised that it was his desire to withdraw his complaint, as he was not able to retain counsel or to pursue this matter through


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all levels of possible appeal. Mr. Bonneau was advised that he is not required to have an attorney, and could proceed on his own without counsel.

    Based upon Mr. Bonneau's statement during the telephone conference that it was his desire to withdraw his complaint, an order was issued on June 11, 1986 requiring that he should respond in writing whether he did wish to proceed or withdraw his complaint; and in the event that he did wish to proceed, to advise if he had engaged counsel.

    Mr. Bonneau has not responded to the June 11, 1986 order. Accordingly, based upon his statement during the June 11, 1986 telephone conference that he wished to withdraw his complaint, it is hereby, Ordered, that:

    1. The Complaint of Steve Bonneau versus Illinois Power Company, which is identified as Case No. 86-ERA-28, filed under the provisions of the Energy Reorganization Act is hereby withdrawn at the request of the Complainant, and Dismissed from the docket.

       RICHARD E. HUDDLESTON
       Administrative Law Judge



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