U.S. Department of Labor Office of Administrative Law Judges
Heritage Plaza, Suite 530
111 Veterans Memorial Blvd.
Metairie, LA 70005
(504) 589-6201
Date: February 12, 1999
Case No.: 1989-ERA-22
In the Matter of:
SHANNON T. DOYLE
Complainant,
against
HYDRO NUCLEAR SERVICES,
Respondent.
ORDER DENYING MOTION FOR STAY
On August 14, 1998, Hydro Nuclear Services ("Respondent") filed
a "Motion for Stay Pending Appeal of the Money Judgment of this Administrative Law Judge
by Posting Supersedeas Bond" ("Motion for Stay"). Both Respondent and
Shannon Doyle ("Complainant') have filed memoranda addressing the standards each asserts
this court should apply to decide the motion. However, both parties have neglected to discuss
whether this court has the authority to grant such a "Motion to Stay." For the reasons
discussed below, I conclude that I do not.
The employee whistleblower provision of the Energy Reorganization Act
("ERA") was amended in several respects by Section 2902 of the Comprehensive
National Energy Policy Act of 1992 ("CNEPA") Pub. L. No. 102-486, 106 Stat. 2776,
3123. In sum, the amendments allow the Secretary of Labor to issue a Preliminary Order pursuant
to the ERA, through which certain relief can be granted immediately, pending further review by the
Secretary or any judicial appeal. See 42 U.S.C. § 5851(b)(2). The Secretary
delegated this power to the Administrative Review Board. See Secretary's Order 2-96
(Apr. 17, 1996), 61 Fed. Reg. 19978 (May 3, 1996). Further changes delegated this responsibility
to the Administrative Law Judges ("ALJ"). 29 C.F.R. § 24.7 (1998).
[Page 2]
However, the amended provisions authorizing Preliminary Orders are not
applicable to a case filed prior to the effective date of the CNEPA: "[t]he amendments made
by this section shall apply to claims filed under section 211(b)(1) of the Energy Reorganization Act
of 1974 (42 U.S.C. § 5851(b)(1)) on or after the date of the enactment of this Act."
CNEPA, Pub.L. 102-486, 106 Stat. 2776 (Oct. 24, 1992), § 2902(i).
1 As discussed above, in cases filed
after the effective date of the amendments, the ALJ will issue a Recommended Decision and a
Preliminary Order. This Order constitutes the Preliminary Order of the Secretary of Labor, and
is effective immediately. Additionally, the Recommended Decision will become the Final
Decision of the Secretary of Labor unless a timely petition for review is filed with the
Administrative Review Board. 29 C.F.R. § 24.7 (1998).