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TBH-0097 - In the Matter of David M. Widger

This Decision will consider two Motions to Dismiss filed by Safety & Ecology Corp. (SEC), a Department of Energy (DOE) contractor located in upstate New York. SEC seeks dismissal of a Complaint that David M. Widger filed against it on October 19, 2009, under the DOE’s Contractor Employee Protection Program, set forth at 10 C.F.R. Part 708. OHA has assigned Mr. Widger’s Complaint Case No. TBH-0097 and the present Motions to Dismiss Case Numbers TBZ-1097 and TBZ-2097. For the reasons set forth below, I have determined that SEC’s First Motion should be denied and its Second Motion should be granted. Accordingly, I find that Mr. Widger’s Complaint should be dismissed.