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TBZ-0104 In the Matter of Hansford F. Johnson

This Decision will consider a Motion to Dismiss filed by B&W Pantex LLC (B&W), the Management and Operating Contractor for the Department of Energy’s (DOE) Pantex Plant (Pantex), in connection with the pending Complaint of Retaliation filed by Hansford F. Johnson against B&W under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708. The Office of Hearings and Appeals (OHA) assigned the hearing component of Mr. Johnson’s Part 708 Complaint proceeding, Case No. TBH-0104, and B&W’s Motion to Dismiss, Case No. TBZ-0104. For the reasons set forth below, I will grant B&W’s Motion in part and dismiss Mr. Johnson’s Complaint as to certain alleged retaliations.