In the Matter of             
                           
GARY L. PHIPPS,                                         DATE:  NOVEMBER 30, 1995
                                    
        Complainant,       
                                                                       CASE No.:  95-ERA-53
    v.                     
                           
FLORIDA POWER & LIGHT CO.                
                           
       Respondent.         
                          

       ORDER CANCELLING HEARING
                              AND
  RECOMMENDED ORDER OF DISMISSAL

 The hearing in the above-captioned matter, an action brought
under the employee protection provisions of the Energy
Reorganization Act (ERA), scheduled for January 16-17, 1995 in
Port St. Lucie, Florida, before the undersigned administrative
law judge, is CANCELLED.  

     On October 30, 1995, the parties submitted a Stipulation of
Voluntary Dismissal with Prejudice signed by the Complainant and
by counsel for both parties (ATTACHED).  The Stipulation provides
that the parties stipulate to dismissal of this proceeding, with
prejudice, in its entirety with each party to bear its own
attorney's fees and costs.  I have reviewed the Stipulation and
am satisfied that it complies with the requirements of Rule
41(a)(1)(ii), Federal Rules of Civil Procedure, which is
applicable to these proceedings pursuant to 29 C.F.R. §
18.1(a).  See generally Rainey v. Wayne State
University, 90-ERA-40 (Sec'y Feb. 27, 1991); Nolder
v. Raymond Kaiser Engineers, Inc., 84-ERA-5 (Sec'y June
28, 1985).  Because the hearing request was filed by the
Respondent, it is deemed to be the functional equivalent of an
answer.  The parties have agreed that the dismissal should be
with prejudice.

     Accordingly, I am recommending that this case be dismissed
pursuant to the stipulation of the parties.  See Gergans v.
Edward Hines, Jr., Hospital, 94-ERA-26 (Sec'y Dec. 7,
1994) (disposition of complaints under Rule 41 can only be
effected by
[PAGE 2]
final order of the Secretary).  But cf. Hoffman v. Fuel
Economy Contracting, 87-ERA-33 (Sec'y Aug. 4, 1989)
(finding unconditional right to dismissal by stipulation under
Rule 41 inapplicable to ERA proceedings when a settlement is
involved, based upon 42 U.S.C. § 5851(b)(2)(A)).  In view of
the above,

     IT IS ORDERED, that the hearing scheduled in this matter for
January 16-17, 1995 is hereby CANCELLED; and

     IT IS HEREBY RECOMMENDED that the Secretary of Labor issue
an Order dismissing this case with prejudice, with each party to
bear his or its own attorney's fees and costs.

     



                           __________________________
                           PAMELA LAKES WOOD
                           Administrative Law Judge
     

Washington, D.C.