This determination will consider two Motions to Dismiss filed by Sandia National Laboratories (Sandia) and L & M Technologies, Inc. (L&M) on August 11 and 17, 1993, respectively. In their Motions, Sandia and L&M seek the dismissal of the underlying complaint and hearing request filed by Mr. Ronald A. Sorri (Sorri) under the Department of Energy's Contractor Employee Protection Program. Sorri's present request for a hearing under § 708.9 was filed on June 9, 1993, and it has been assigned Office of Hearings and Appeals (OHA) Case No. LWA-0001. Sorri's is the first hearing request received by the OHA under the DOE's new Contractor Employee Protection Program.