Mosley v. Southern Nuclear Operations Co., 2001-ERA-5 (ALJ May 9, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive - Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Issue date: 09May2001

Case No.: 2001-ERA-0005

In the Matter of

LEDARIL MOSLEY, Complainant

    v.

SOUTHERN NUCLEAR OPERATIONS CO., Respondent

Appearances:
    William J. Atkins, Esq., for Complainant
    John Richard Carrigan, Esq., for Respondent

Before:
    Richard E. Huddleston
    Administrative Law Judge

   This matter arises under the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992), and the implementing regulations at 29 C.F.R. Part 24. A formal hearing was scheduled for May 9, 2001 in Atlanta, Georgia.¹ By correspondence dated April 26, 2001 and May 3, 2001, Counsel for the parties have submitted executed copies of a settlement agreement resolving all outstanding claims against the Respondent, including a state workers' compensation claim. In consideration for approval of the settlement, Complainant requests that his appeal in this matter be withdrawn and the hearing canceled.

   I note that the agreement contains a confidentiality provision. The Secretary of Labor has held with respect to confidentiality provisions in settlement agreements that the Freedom of Information Act, 5 U.S.C. §§552 (1988) (FOIA) "requires agencies to disclose requested documents unless they are exempt from disclosure..." Coffman v. Alyeska Pipeline Services Co. and Arctic Slope Inspection Services, 96-TSC-5, ARB Case No. 96-141, Final Order Approving Settlement and Dismissing Complaint, June 24, 1996 slip op. at 2-3. See also Plumlee v. Alyeska Pipeline Services Co., Case Nos. 92-TSC-7, 10; 92-WPC-6, 7, 8, 10. Sec. Final Order Approving Settlements and Dismissing Cases with Prejudice, Aug. 6, 1993, slip op. at 6; Davis v. Valley View Ferry Authority, Case No. 93-WPC-1, Sec. Final Order Approving Settlement and Dismissing Complaint, June 28, 1993, slip op. at 2 n.1 (parties' submissions become part of record and are subject to the FOIA); Ratliff v. Airco Gases, Case No. 93-STA-5, Sec. Final Order Approving Settlement and Dismissing Complaint with Prejudice, June 25, 1993, slip op. at 2 (same). The parties have requested that the terms of the Settlement Agreement be considered confidential commercial information under exemption 4 of the FOIA and treated accordingly. As no FOIA request has been made at this time, it is premature to determine whether any of the exemptions apply.²

¹ The notice of hearing incorrectly identified this matter as Case No. 2000-ERA-0025. The correct case number is 2001-ERA-0005. All references by the parties to Case No. 2000-ERA-0025 are treated as references to case number 2001-ERA-0005.

² The settlement agreements have been sealed and identified as Pre-disclosure Notification Materials. In the event of a FOIA request, the Department of Labor is required to notify the submitters to permit them to file any objections to disclosure. See, 20 C.F.R. § 70.26 (1996).