This case arises under the Energy Reorganization Act of 1974, as
amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992). The parties submitted a
Stipulation of Dismissal and Settlement Agreement to the Administrative Law Judge (ALJ)
seeking approval of the settlement and dismissal of the complaint. The ALJ issued a
Recommended Decision and Order on December 20, 1996 approving the settlement.
1 On April 17, 1996, a
Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute
to the newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). 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. Final procedural revisions to the
regulations implementing this reorganization were also promulgated on that date. 61 Fed. Reg. 19982.
2 Likewise, the
Agreement does not specify the amount of attorney's fees to be paid.