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Turcotte v. Indiana Michigan Power Co., 2002-ERA-31 (ALJ Sept. 4, 2002)
U.S. Department of Labor | Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002 | ![]() |
In the Matter of:
ARK TURCOTTE,
Complainant,
v.
INDIANA MICHIGAN POWER COMPANY,
Respondent.
The parties have submitted a Confidential Settlement Agreement, Waiver and General Release ("the agreement") to this tribunal for approval in relation to the pending claim captioned 2002-ERA-31 under the Energy Reorganization Act, 42 U.S.C. §5851, together with a motion by the Complainant, Mark A. Turcotte, to dismiss his complaint with prejudice upon approval of the voluntary settlement agreement submitted by the parties. This tribunal has reviewed the agreement as submitted and determined that it is fair, adequate and reasonable under the circumstances. The representations in the agreement, in particular paragraph 15, are construed to certify that the parties have entered into no other settlement agreement or agreements arising from the same factual circumstances. Paragraph 14, which provides that the agreement shall be governed in all respects by the laws of Ohio, is construed to except the authority of the Secretary of Labor and any Federal court which shall be governed in all respects by the laws and regulations of the United States. The Respondent through its counsel of record asserts pursuant to 29 C.F.R. §70.26(b) that the agreement contains nonpublic confidential commercial information, the disclosure of which would cause substantial competitive harm to Respondent. Paragraph 9, which provides for strict confidentiality, is construed, consistent with paragraph 10, to be not inconsistent with the requirements of the Freedom of Information Act, 5 U.S.C. §552 (1988)(FOIA). Accordingly, a copy of this order approving the settlement, together with a copy of the agreement enclosed in an envelope clearly marked "PREDISCLOSURE NOTIFICATION MATERIALS," shall be sent to the Deputy Associate Solicitor, Division of Fair Labor Standards, for possible appeal. All other copies of the agreement shall be placed in an envelope clearly marked "PREDISCLOSURE NOTIFICATION MATERIALS" within the record file. Wherefore, it is
RECOMMENDED and ORDERED that the Confidential Settlement Agreement, Waiver and General Release be approved as fair, adequate and reasonable; that the Complainant's Motion To Dismiss with Prejudice Based on Voluntary Settlement be granted; and that the complaint in Case No.2002-ERA-31 be dismissed with prejudice.
EDWARD TERHUNE MILLER
Administrative Law Judge
Washington, D.C.