Date:  February 29, 1996

Case No. 95-ERA-42

In the Matter of:

JAMES H. DAILY, JR.,
          Complainant

     v.

CONAM INSPECTIONS and
PENNSYLVANIA POWER & LIGHT COMPANY
          Respondents

                   RECOMMENDED DECISION AND ORDER
                   APPROVING SETTLEMENT AGREEMENT

     This proceeding arises under the Energy Reorganization
Act, 42 U.S.C. §5851 (1972), and its implementing regulations
at 29 C.F.R. Part 24.  A formal hearing in this case was scheduled
for 1:00 p.m. on February 13, 1996, in Cincinnati, Ohio.  
  
     Prior to the hearing the parties notified this office that
they had reached a settlement and on February 23, 1996, the parties
submitted for approval by the undersigned a Settlement Agreement
and Full and Final Release of Claims, duly executed by all parties
to this litigation, attached hereto and made a part hereof.  I have
reviewed the agreement and I enter the following findings:

     1.   The agreement appears to be fair and reasonable on its
          face and it further appears that it effectuates the
          purposes and policies of the statute under which it
          arises;

     2.   This Decision and Order shall have the same force and
          effect as one made after a full hearing on the merits;

     3.   The entire record on which this Decision and Order is
          based consists solely of the Complaint and the Agreement
          between the parties; and,

     4.   The parties are hereby deemed to waive any further
          procedural steps before the undersigned or the Secretary
          of Labor, as appropriate, regarding the matters which are
          
[PAGE 2]
          the subject of their Agreement.

     Based on the foregoing, and in accordance with the agreement
of the parties, IT IS ORDERED that:

     1.   The hearing in this matter scheduled for February 13,
          1996, in Cincinnati, Ohio, is hereby CANCELLED;

     2.   The Agreement be, and it hereby is, APPROVED;

     3.   The Complaint in this matter be, and it hereby is,
          DISMISSED, with prejudice.


  

                                   DANIEL J. ROKETENETZ
                                   Administrative Law Judge


NOTICE:  This Recommended Decision and Order and the administrative
file in this matter will be forwarded for review by the Secretary
of Labor to the Office of Administrative Appeals, U.S. Department
of Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Ave., N.W., Washington, D.C. 20210.  The Office of Administrative
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).