On November 29, 1985 complainants moved for a stay pending
appeal to postpone the hearing on the merits in these cases
before the Administrative Law Judge (ALJ) which was scheduled
for December 2, 1985. These cases arise under the Energy
Reorganization Act, 42 U.S.C. § 5851 (1982). There is nothing in
the statute or in the implementing regulations which provides
for the issuance of such an order. The Secretary only acts
in cases under the ERA after the issuance of a recommended
decision by the ALJ after the termination of the proceeding
at which evidence was submitted, that is, the hearing on the
merits. 29 C.F.R. § 24.6(a) and (b) (1985). Upon submission
of a recommended decision and transmittal of the entire record
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in these cases to me by the ALJ, all parties will be given an
opportunity to file exceptions and briefs on any issue in
these cases.
Accordingly, the motion for a stay pending appeal is
DENIED.
