DOL Home > OALJ > Whistleblower > Keene v. Houston Lighting & Power Co., 95-ERA-4 (Sec'y Aug. 23, 1995) |
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.