DATE:  August 23, 1995
CASE NO. 95-ERA-4


IN THE MATTER OF

EARL V. KEENE,

          COMPLAINANT,

     v.

HOUSTON LIGHTING & POWER CO.,

          RESPONDENT,

     and

EBASCO CONSTRUCTORS, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


           ORDER GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE
              OF RESPONDENT HOUSTON LIGHTING & POWER COMPANY

     This case arises under the Energy Reorganization Act of 1974
(ERA), 42 U.S.C.A. § 5851 (West 1994), as amended by Section
2902 of the Comprehensive National Energy Policy Act of 1992
(CNEPA), Pub. L. No. 102-486, 106 Stat. 2776 (Oct. 24, 1992). 
When a hearing was commenced, Complainant filed a Motion to
Withdraw Complaint Against and Request for Voluntary Dismissal
Without Prejudice of Respondent Houston Lighting & Power (HL&P). 
EBASCO and HL&P had no objection to the motion and on June 15,
1995, the Administrative Law Judge (ALJ) issued a Recommended
Decision and Order Granting Voluntary Dismissal Without Prejudice
of Respondent Houston Lighting & Power Company.  I concur with
the ALJ's recommendation.

[PAGE 2]
     Voluntary dismissals of ERA complaints are governed by Rule
41 of the Federal Rules of Civil Procedure.  See Nolder v.
Kaiser Engineers, Inc., Case No. 84-ERA-5, Sec. Dec., June
28, 1985, slip op. at 6-8.
     The ALJ's recommendation is accepted and this case, as it
relates to HL&P, is DISMISSED without prejudice.
     SO ORDERED.



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.