In The Matter Of 

ROBERT O. KLOCK,                                         CASE NO. 95-ERA-20

          COMPLAINANT,                         DATE: May 30, 1996


     v.

TENNESSEE VALLEY AUTHORITY AND

UNITED ENERGY SERVICES CORP.,

          RESPONDENTS.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1] 


                     FINAL ORDER APPROVING SETTLEMENT 
                    AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
the Energy Reorganization Act (ERA), 42 U.S.C. § 5851
(1988).  The parties have requested dismissal of the complaint
with prejudice and submitted a Memorandum of Understanding and  
Agreement and a Joint Motion for Dismissal in support of their
request.  Pursuant to the Secretary's Order of May 1, 1996,
Complainant's counsel submitted documentation regarding 
distribution of the settlement funds.
     Since the request for approval of the settlement is based on
an agreement entered into by the parties, we must review it to
determine whether the terms are a fair, adequate and reasonable
settlement of the complaint.  42 U.S.C. § 5851(b)(2)(A)
(1988).  Macktal v. Secretary of Labor, 923 F.2d 1150,
1153-54 (5th Cir. 1991); Fuchko and Yunker v. Georgia Power
Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23,
1989, slip op. at 1-2.
     The agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA. 
See ¶ 3.  For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2, we have limited our review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement 
[PAGE 2]
of the Complainant's allegations the Respondent violated the ERA.
     Paragraph 7 provides that the Complainant and his attorney
shall not disclose the terms of the agreement except to
Complainant's family and tax advisors.  Paragraph 6 provides that
the agreement does not prohibit or restrict the Complainant from
reporting or providing information to any Federal or state
governmental agency.   
     Although the parties have designated the documents in this
case as confidential commercial information, ¶ 8, the
Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1988),
requires Federal agencies to disclose requested records unless
they are exempt from disclosure under the Act.[2]   See Debose
v. Carolina Power & Light Co., Case No. 92-ERA-14,  Order
Disapproving Settlement and Remanding Case, Feb 7, 1994, slip op.
at 2-3 and cases there cited.  
     We find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint. 
Accordingly, we APPROVE the agreement and DISMISS THE COMPLAINT
WITH PREJUDICE.  Paragraph 3.
     SO ORDERED.




                              __________________________
                              KARL J. SANDSTROM
                              Presiding Member



                              _________________________
                              JOYCE D. MILLER
                              Alternate Member



[ENDNOTES]
           
[1]  On April 17, 1996, a Secretary's Order was signed delegating
jurisdiction to issue final agency decisions under this statute
and these regulations to the newly created Administrative Review
Board (ARB).  61 Fed. Reg. 19978 (May 3, 1996)(copy attached). 
The ARB reviewed this case's entire record in rendering this
final order.
     Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions.  A
copy of the final procedural revisions to the regulations (61
Fed. Reg. 19982), implementing this reorganization is also
attached.

[2]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§ 70.26(h).