This case arises under section 210 of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851
(1982).
Before me is the [recommended] Decision and order on Remand
issued by Administrative Law Judge Edward C. Burch on July 25,
1986, and, in response to the Secretary's December 6, 1988, Order
to Submit Settlement Agreement, a letter from Complainant's
counsel dated December 19, 1988, representing that no settlement
agreement was executed by the parties but that an oral agreement
was entered into and an exchange of checks occurred substantially
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in compliance with Judge Burch's recommended decision and order.
Attached to the December 19 letter is a copy of a letter dated
September 17, 1986, from Respondent's counsel to Complainant's
counsel which transmitted checks and served as a release and
which was acknowledged as received by both Complainant and his
counsel.
I find the terms of the agreement as reflected in the
letters of September 17, 1986, and December 19, 1988, to be fair,
adequate and reasonable. I, therefore, approve the settlement
and the release signed by the parties and dismiss this case with
prejudice.
