FINAL ORDER APPROVING SETTLEMENT
AND REMANDING CASE FOR DETERMINATION
AS TO ATTORNEY FEES AND EXPENSES
Before me for review is the Recommended Decision and order (R.D.
and O.) of the Administrative Law Judge (ALJ) in this case arising under section 210 of the
Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1988).
Subsequent to the issuance of the R.D. and O., the parties submitted a Memorandum of
Understanding and Agreement, dated November 23, 1992, in which Complainant agreed to a
settlement of his complaint against Respondent and a dismissal with prejudice of all claims except
the pending claim for attorney fees and expenses.
The agreement appears to encompass the settlement of matters
arising under various laws, only one which is the ERA. For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op. at 2, I have
limited my review of the agreement to determining whether its terms are a fair, adequate and
reasonable settlement of Complainant's allegation that Respondent Tennessee Valley Authority
violated the ERA. 42 U.S.C. § 5851(b)(2)(A).
Upon review of the terms of the agreement and the record in this
case, I find that the agreement is fair, adequate and reasonable, and therefore, I approve the
agreement and accompanying Memorandum of Understanding. Accordingly, the complaint in this
case is DISMISSED with prejudice. The case is remanded to the Office of Administrative Law
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Judges for further proceedings, as necessary, to resolve the outstanding claim for attorney fees and
expenses.
