This Decision will consider a Motion to Dismiss filed by Los Alamos National Security, LLC (LANS), the Management and Operating Contractor for the Department of Energy’s (DOE) Los
Alamos National Laboratory (LANL), in connection with the pending Complaint of Retaliation filed by Eugene N. Kilmer against LANS 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 Kilmer’s Part 708 Complaint proceeding, Case No. TBH-0111, and LANS’s Motion to Dismiss, Case No. TBZ-0111. For the reasons set forth below, I will grant LANS’s Motion and dismiss Kilmer’s Complaint.