Office of Administrative Law Judges 2 Executive Campus, Suite 450
2370 Route 70 West Cherry Hill, NJ 08002
(856) 486-3800
Issue date: 21Nov2001
CASE NO: 2001-ERA-00035
In the Matter of
RICHARD BYSTRAK
Complainant
v.
NEW YORK POWER AUTHORITY/
ENTERTY CORP.
Respondent
RECOMMENDED DECISION AND ORDER
APPROVING WITHDRAWAL OF COMPLAINT
This case arises under section 210 of the Energy Reorganization Act of 1974, as amended. 42 U.S.C. §5851 (the "ERA" of the "Act"). The Act protects employees who assist or participate in actions to carry out the purposes of the federal statutes regulating the nuclear energy industry. Section 210 provides, inter alia, that "no employer may discharge any employee or otherwise discriminate against any employee with respect to compensation, terms, conditions or privileges of employment because the employee...notified his employer of an alleged violation of this chapter or the Atomic Energy Act of 1954 (42 U.S.C. §2011, et seq.). (42 U.S.C. §5851(a)(1)(A). The Secretary of Labor is empowered to investigate and determine "whistleblower" complaints filed by employees at facilities licensed by the Nuclear Regulatory Commission (the "NRC") who are allegedly discharged or otherwise discriminated against with regard to their terms and conditions of employment for taking any action relating to the fulfillment of safety or other requirements established by the NRC.
By letter dated October 12, 2001, Complainant requested withdrawal of his appeal hearing. By Order issued October 26, 2001 the parties were given 15 days to show cause why this claim should not be dismissed. By letter dated November 9, 2001, Respondent states that he has no objections to Complainant's request for withdrawal. No response was received from Complainant. Accordingly,
IT IS HEREBY ORDERED that Complainant's complaint shall be dismissed.
PAUL H. TEITLER
Administrative Law Judge
Camden, New Jersey
NOTICE OF APPEAL: The Recommended Decision and Order of the administrative law judge shall become the final order of the Secretary unless, pursuant to §24.8, a petition for review is timely filed with the Administrative Review Board. (24.7(a)).
