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Klock v. Tennessee Valley Authority, 95-ERA-20 (ALJ May 1, 1996)


                                    
             BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
                        UNITED STATES OF AMERICA
                           DEPARTMENT OF LABOR


DATE: May 1, 1996
Case No. 95-ERA-20

IN THE MATTER OF

ROBERT O. KLOCK
     Complainant

     v.

TENNESSEE VALLEY AUTHORITY
and
UNITED ENERGY SERVICES CORP.
     Respondents

                      RECOMMENDED ORDER OF DISMISSAL

     The above case came on to be heard on the parties' motion to
dismiss, and, it appearing that the parties have agreed that the
matters in controversy in this proceeding have been fully
conciliated; that the parties have further agreed that this
proceeding should be dismissed with full prejudice; that
respondents have moved, without objection. that the Department of
Labor (DOL) regard the terms of the agreement as confidential
commercial information-- and that the conciliation agreement,
having been reviewed pursuant to 42 U.S C. § 5851(b)(2)(A)
(1994), is fair to all parties and consistent with the provisions
of law;

     It is hereby RECOMMENDED that this proceeding be dismissed
with full prejudice.  It is further RECOMMENDED that DOL regard
the parties' agreement as confidential commercial information and
that DOL provide predisclosure notification to TVA and United
Energy Services Corporation, pursuant to 29 C.F.R. § 70.26
(1995), in the event that DOL receives a Freedom of Information
Act request for this agreement.

                                       Thomas M. Burke
                                       Administrative Law Judge
     


[PAGE 2] We request entry of this order: Thomas F. Fine Assistant General Counsel Brent R. Marquand Senior Litigation Attorney Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902-1499 Telephone No. 423-632-4251 Attorneys for Respondent Tennessee Valley Authority Peter Alliman White, Carlson & Alliman 135 College Street Madisonville, Tennessee 37354 Telephone No. 423-442-9000 J. Robert Stacy 110 West Summit Hill Drive Knoxville, Tennessee 37902 Telephone No. 423-637-2900 Attorneys for Complainant Carl Sottosanti RIO & Pheasant Road P.O. Box 1498 Reading, Pennsylvania 19603 Telephone No. 610-855-3715 Attorney for Respondent United Energy Services Corp.



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